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A BILL TO BE ENTITLED
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AN ACT
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relating to requiring a retail seller of motor vehicle tires to |
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render certain tires unusable and to the regulation of scrap tires; |
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providing civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is |
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amended by adding Chapter 106 to read as follows: |
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CHAPTER 106. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE |
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TIRES |
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Sec. 106.001. DEFINITION. In this chapter, "dealer" has |
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the meaning assigned by Section 503.001, Transportation Code. |
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Sec. 106.002. RENDERING CERTAIN MOTOR VEHICLE TIRES |
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UNUSABLE. (a) A business that sells new or used tires at retail |
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for use on a motor vehicle shall render as unusable on a motor |
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vehicle a tire held as inventory or purchased or received in |
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exchange from a customer if the tire does not meet the inspection |
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criteria adopted by rule of the Department of Public Safety under |
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Section 548.002, Transportation Code. The business shall render |
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the tire unusable by: |
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(1) puncturing a hole at least two inches in diameter |
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through the body of the tire so that the tire cannot be temporarily |
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repaired by the use of blowout patches or boots; or |
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(2) taking any other action necessary to prevent the |
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tire from being used on a motor vehicle. |
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(b) This section does not apply to a tire that: |
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(1) remains mounted on the wheel of a motor vehicle |
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that is: |
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(A) held as inventory by a dealer; or |
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(B) purchased or received in exchange by a dealer |
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as part of a motor vehicle retail installment transaction; or |
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(2) a business transfers to a used or scrap tire |
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transporter that: |
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(A) is registered with the Texas Commission on |
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Environmental Quality; and |
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(B) has provided the commission with a bond in an |
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amount of at least $100,000. |
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Sec. 106.003. RULEMAKING AUTHORITY. The Department of |
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Public Safety may adopt rules to implement this chapter. |
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Sec. 106.004. CIVIL PENALTY. (a) A business that violates |
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this chapter is liable to the state for a civil penalty in an amount |
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not to exceed $500 for each violation. |
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(b) The attorney general or the appropriate district or |
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county attorney may bring an action under this chapter in the name |
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of the state in a district court in: |
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(1) Travis County; or |
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(2) the county in which the violation occurs. |
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SECTION 2. Title 6, Business & Commerce Code, is amended by |
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adding Chapter 205 to read as follows: |
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CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR |
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TRANSPORT SCRAP TIRES |
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Sec. 205.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Texas Commission on |
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Environmental Quality. |
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(2) "Scrap tire" means a tire that can no longer be |
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used for the tire's original intended purpose. |
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(3) "Scrap tire generator" means a person that |
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generates scrap tires. The term includes a tire dealer, junkyard, |
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or fleet operator. |
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(4) "Scrap tire transporter" means a person that: |
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(A) collects scrap tires from another person for |
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the purpose of removal to a scrap tire processor, end user, or |
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disposal facility; and |
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(B) is required to register with the commission |
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as a scrap tire transporter. |
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Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER. |
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(a) A scrap tire transporter shall file with the commission a bond |
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issued by a surety company authorized to transact business in this |
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state. |
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(b) The principal amount of the bond must equal at least |
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$100,000. |
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(c) The bond must be payable to the state and conditioned on |
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compliance with this chapter and any rules adopted under this |
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chapter. |
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Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire |
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generator that stores scrap tires outdoors on its business premises |
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shall store the scrap tires in a fully enclosed area or container |
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that may be made secure by locking. |
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Sec. 205.004. RULES. The commission may adopt rules to |
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implement this chapter. |
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Sec. 205.005. CIVIL PENALTY. (a) A person that violates |
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this chapter is subject to a civil penalty in an amount not to |
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exceed $500 for each violation. A separate penalty may be imposed |
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for each day a violation occurs. |
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(b) The attorney general or the appropriate district or |
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county attorney may bring an action against a person under this |
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section in the name of the state in a district court in the county in |
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which: |
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(1) the person resides; or |
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(2) the person's principal place of business is |
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located. |
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SECTION 3. This Act takes effect September 1, 2011. |