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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection and recycling of computer and television |
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equipment by certain retailers; providing for the imposition of |
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administrative penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.952, Health and Safety Code, is |
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amended by adding Subdivisions (3-a) and (4-a) to read as follows: |
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(3-a) "Large retailer" means a retailer that: |
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(A) has annual sales of $5 million or more, not |
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including motor fuel, as defined by Section 162.001, Tax Code; and |
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(B) has over 75,000 square feet of retail space |
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that generates sales or use tax. |
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(4-a) "Retailer" means a person who owns or operates a |
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business that sells computer equipment by any means directly to a |
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consumer. The term does not include a person who, in the ordinary |
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course of business, regularly leases, offers to lease, or arranges |
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for leasing of merchandise under a rental-purchase agreement. |
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SECTION 2. Section 361.956, Health and Safety Code, is |
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amended by adding Subsection (a-1) and amending Subsection (c) to |
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read as follows: |
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(a-1) A large retailer may not sell or offer to sell new |
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computer equipment in this state unless the retailer complies with |
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Section 361.9565. |
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(c) Except as provided by Section 361.9565, a [A] retailer |
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is not required to collect computer equipment for recycling or |
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reuse under this subchapter. |
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SECTION 3. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.9565 to read as follows: |
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Sec. 361.9565. LARGE RETAILER RESPONSIBILITY. (a) A large |
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retailer shall: |
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(1) without charge: |
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(A) accept at the retailer's location during |
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normal business hours computer equipment from a consumer; or |
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(B) provide a consumer with a system by which the |
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consumer may send computer equipment by mail to the retailer or |
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another entity that will recycle or reuse the computer equipment in |
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a manner that complies with Section 361.964; |
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(2) make readily available at the retailer's location |
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and on its website, if applicable, information about the collection |
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and recycling of computer equipment under this chapter; and |
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(3) ensure that all computer equipment collected under |
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this section is recycled, reused, or disposed of in a manner that |
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complies with Section 361.964. |
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(b) A large retailer that accepts computer equipment at the |
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retailer's location under Subsection (a)(1) shall post at the |
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retailer's location prominent, easily visible signs that provide |
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information about the collection and recycling of computer |
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equipment and indicate that computer equipment is accepted by the |
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retailer at that location. The signs may state the retailer's |
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normal business hours and include a statement that computer |
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equipment is accepted only during those hours. |
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(c) A large retailer may enter into an agreement with a |
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manufacturer or group of manufacturers of computer equipment to |
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satisfy the requirements of Subsection (a)(3). |
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SECTION 4. Section 361.971, Health and Safety Code, is |
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amended by adding Subdivision (3-a) to read as follows: |
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(3-a) "Large retailer" means a retailer that: |
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(A) has annual sales of $5 million or more, not |
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including motor fuel, as defined by Section 162.001, Tax Code; and |
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(B) has over 75,000 square feet of retail space |
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that generates sales or use tax. |
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SECTION 5. Section 361.974, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.974. SALES PROHIBITION. (a) A person may not |
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offer for sale in this state new covered television equipment |
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unless the equipment has been labeled in compliance with Section |
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361.975. |
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(b) A large retailer may not sell or offer to sell covered |
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television equipment in this state unless the retailer complies |
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with Section 361.9815. |
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SECTION 6. Section 361.981(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) Except as provided by Section 361.9815, this [This] |
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subchapter does not require a retailer to collect covered |
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television equipment for recycling. |
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SECTION 7. Subchapter Z, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.9815 to read as follows: |
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Sec. 361.9815. LARGE RETAILER RESPONSIBILITY. (a) A large |
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retailer shall: |
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(1) without charge: |
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(A) accept at the retailer's location during |
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normal business hours covered television equipment from a consumer; |
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or |
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(B) provide a consumer with a system by which the |
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consumer may send covered television equipment to the retailer or |
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another entity that will dispose of or recycle the equipment in a |
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manner that complies with Section 361.990; |
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(2) make readily available at the retailer's location |
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and on its website, if applicable, information about the collection |
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and recycling of covered television equipment under this chapter; |
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and |
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(3) ensure that all covered television equipment |
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collected under this section is disposed of or recycled in a manner |
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that complies with Section 361.990. |
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(b) A large retailer that accepts covered television |
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equipment at the retailer's location under Subsection (a)(1) shall |
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post at the retailer's location prominent, easily visible signs |
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that provide information about the collection and recycling of |
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covered television equipment and indicate that covered television |
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equipment is accepted by the retailer at that location. The signs |
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may state the retailer's normal business hours and include a |
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statement that covered television equipment is accepted only during |
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those hours. |
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(c) A large retailer may enter into an agreement with |
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manufacturers of covered television equipment to satisfy the |
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requirements of Subsection (a)(3). |
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SECTION 8. (a) The Texas Commission on Environmental |
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Quality shall adopt any rules required to implement this Act not |
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later than May 1, 2014. |
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(b) The changes in law made to Subchapters Y and Z, Chapter |
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361, Health and Safety Code, by this Act may not be enforced before |
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September 1, 2014. |
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SECTION 9. This Act takes effect September 1, 2013. |