| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulating certain persons that generate or transport |
|
|
scrap tires; providing a civil penalty. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Title 6, Business & Commerce Code, is amended by |
|
|
adding Chapter 205 to read as follows: |
|
|
CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR |
|
|
TRANSPORT SCRAP TIRES |
|
|
Sec. 205.001. DEFINITIONS. In this chapter: |
|
|
(1) "Commission" means the Texas Commission on |
|
|
Environmental Quality. |
|
|
(2) "Scrap tire" means a tire that can no longer be |
|
|
used for the tire's original intended purpose. |
|
|
(3) "Scrap tire generator" means a person that |
|
|
generates scrap tires. The term includes a tire dealer, junkyard, |
|
|
or fleet operator. |
|
|
(4) "Scrap tire transporter" means a person that: |
|
|
(A) collects scrap tires from another person for |
|
|
the purpose of removal to a scrap tire processor, end user, or |
|
|
disposal facility; and |
|
|
(B) is required to register with the commission |
|
|
as a scrap tire transporter. |
|
|
Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER. |
|
|
(a) A scrap tire transporter shall file with the commission a bond |
|
|
issued by a surety company authorized to transact business in this |
|
|
state. |
|
|
(b) The principal amount of the bond must equal at least |
|
|
$100,000. |
|
|
(c) The bond must be payable to the state and conditioned on |
|
|
compliance with this chapter and any rules adopted under this |
|
|
chapter. |
|
|
Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire |
|
|
generator that stores scrap tires outdoors on its business premises |
|
|
shall store the scrap tires in a fully enclosed area or container |
|
|
that may be made secure by locking. |
|
|
Sec. 205.004. RULES. The commission may adopt rules to |
|
|
implement this chapter. |
|
|
Sec. 205.005. CIVIL PENALTY. (a) A person that violates |
|
|
this chapter is subject to a civil penalty in an amount not to |
|
|
exceed $500 for each violation. A separate penalty may be imposed |
|
|
for each day a violation occurs. |
|
|
(b) The attorney general or the appropriate district or |
|
|
county attorney may bring an action against a person under this |
|
|
section in the name of the state in a district court in the county in |
|
|
which: |
|
|
(1) the person resides; or |
|
|
(2) the person's principal place of business is |
|
|
located. |
|
|
SECTION 2. This Act takes effect September 1, 2011. |