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A BILL TO BE ENTITLED
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AN ACT
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relating to the reporting of international shipments of electronic |
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waste. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.954, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 361.954. APPLICABILITY. (a) Except as provided by |
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Section 361.9553, the [The] collection, recycling, and reuse |
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provisions of this subchapter apply to computer equipment used and |
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returned to the manufacturer by a consumer in this state and do not |
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impose any obligation on an owner or operator of a solid waste |
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facility. |
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(b) Except as provided by Section 361.9553, this [This] |
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subchapter does not apply to: |
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(1) a television, any part of a motor vehicle, a |
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personal digital assistant, or a telephone; |
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(2) a consumer's lease of computer equipment or a |
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consumer's use of computer equipment under a lease agreement; or |
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(3) the sale or lease of computer equipment to an |
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entity when the manufacturer and the entity enter into a contract |
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that effectively addresses the collection, recycling, and reuse of |
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computer equipment that has reached the end of its useful life. |
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SECTION 2. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.9553 to read as follows: |
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Sec. 361.9553. REPORTS ON INTERNATIONAL SHIPMENTS OF |
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ELECTRONIC WASTE. (a) A business entity that operates in this state |
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and ships for recycling, reuse, or disposal any sort of electronic |
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parts or electronic equipment from this state to an ultimate |
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destination that is located outside the United States shall provide |
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an annual report to the commission. The report must include: |
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(1) the business entity's name, address, and telephone |
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number; |
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(2) the name of the chief executive officer or chief |
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financial officer of the business entity; |
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(3) the type and amount of each shipment of electronic |
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parts or electronic equipment transported; |
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(4) the date of each shipment's debarkation; and |
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(5) each shipment's destination country. |
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(b) The commission shall make the report's information |
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publicly available on the commission's website in a timely manner. |
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(c) The commission may adopt rules to implement this |
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section. The rules may provide for exemptions from compliance with |
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this section for shipments made for humanitarian reasons or for de |
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minimis shipments. |
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SECTION 3. (a) Section 361.9553, Health and Safety Code, as |
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added by this Act, applies only to a shipment made on or after the |
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effective date of this Act. A shipment made before that date is |
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subject to the law in effect on the date the shipment was made, and |
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that law is continued in effect for that purpose. |
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(b) The first report required by Section 361.9553, Health |
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and Safety Code, as added by this Act, must cover the period |
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beginning on the effective date of this Act and ending on December |
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31, 2013, and must be submitted to the Texas Commission on |
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Environmental Quality not later than January 15, 2014. |
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SECTION 4. This Act takes effect September 1, 2013. |