83R2137 KJM-F
 
  By: Farrar H.B. No. 1694
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the disposal of certain used equipment
  at a municipal solid waste facility; creating an offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.954(a), Health and Safety Code, is
  amended to read as follows:
         (a)  The collection, recycling, and reuse provisions of this
  subchapter apply to computer equipment used and returned to the
  manufacturer by a consumer in this state and, except as provided by
  Section 361.967, do not impose any obligation on an owner or
  operator of a solid waste facility.
         SECTION 2.  Section 361.966, Health and Safety Code, is
  amended to read as follows:
         Sec. 361.966.  FEDERAL PREEMPTION; EXPIRATION. (a)  If
  federal law establishes a national program for the collection and
  recycling of [computer] equipment to which this subchapter applies 
  and the commission determines that the federal law substantially
  meets the purposes of Sections 361.952 through 361.965 [this
  subchapter], the commission may adopt an agency statement that
  interprets the federal law as preemptive of those sections [this
  subchapter].
         (b)  Sections 361.952 through 361.965 expire [This
  subchapter expires] on the date the commission issues a statement
  under this section.
         SECTION 3.  Subchapter Y, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.967 to read as follows:
         Sec. 361.967.  PROHIBITION ON LAND DISPOSAL OR INCINERATION.
  (a) In this section, "used equipment" means equipment that is
  eligible for collection under a manufacturer's recovery plan
  adopted under Section 361.955.
         (b)  The commission by rule shall prohibit a person from
  intentionally or knowingly disposing of used equipment in a
  municipal solid waste landfill or incinerator.
         (c)  An owner or operator of a municipal solid waste landfill
  or incinerator is not in violation of this section or a rule adopted
  under this section if the owner or operator has:
               (1)  made a good faith effort to comply with this
  section;
               (2)  posted in a conspicuous location a sign stating
  that used equipment is not accepted at the landfill or incinerator;
  and
               (3)  notified in writing any solid waste collector
  registered to dispose of waste at the landfill or incinerator that
  used equipment is not accepted.
         (d)  A penalty may be assessed under Section 7.052, Water
  Code, for each item of used equipment disposed of or accepted for
  disposal at a municipal solid waste landfill or incinerator in
  violation of this section or a rule adopted under this section.
         SECTION 4.  The Texas Commission on Environmental Quality
  shall adopt rules to implement this Act not later than December 31,
  2013.
         SECTION 5.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2013.