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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; providing a civil penalty. |
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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. This Act takes effect September 1, 2011. |
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