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A BILL TO BE ENTITLED
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AN ACT
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relating to a prohibition on the disposal of certain used equipment |
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at a municipal solid waste facility; creating an offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.954(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The collection, recycling, and reuse provisions of this |
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subchapter apply to computer equipment used and returned to the |
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manufacturer by a consumer in this state and, except as provided by |
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Section 361.967, do not impose any obligation on an owner or |
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operator of a solid waste facility. |
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SECTION 2. Subchapter Y, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.967 to read as follows: |
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Sec. 361.967. PROHIBITION ON LAND DISPOSAL OR INCINERATION. |
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(a) In this section, "used equipment" means equipment that is |
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eligible for collection under a manufacturer's recovery plan |
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adopted under Section 361.955. |
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(b) The commission by rule shall prohibit a person from |
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intentionally or knowingly disposing of used equipment in a |
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municipal solid waste landfill or incinerator. |
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(c) An owner or operator of a municipal solid waste landfill |
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or incinerator is not in violation of this section or a rule adopted |
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under this section if the owner or operator has: |
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(1) posted in a conspicuous location a sign stating |
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that used equipment is not accepted at the landfill or incinerator; |
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and |
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(2) notified in writing any solid waste collector |
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registered to dispose of waste at the landfill or incinerator that |
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used equipment is not accepted. |
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(d) A person that violates this section or a rule adopted |
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under this section is liable for a civil penalty not to exceed $200 |
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for each item of used equipment disposed of or accepted for disposal |
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at a municipal solid waste landfill or incinerator. |
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SECTION 3. Section 361.973(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by this section and Sections |
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[Section] 361.991 and 361.993, this subchapter applies only to |
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covered television equipment that is: |
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(1) offered for sale or sold to a consumer in this |
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state; or |
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(2) used by a consumer in this state and returned for |
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recycling. |
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SECTION 4. Subchapter Z, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.993 to read as follows: |
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Sec. 361.993. PROHIBITION ON LAND DISPOSAL OR INCINERATION. |
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(a) In this section, "used equipment" means covered television |
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equipment that is eligible for collection under: |
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(1) a manufacturer's recovery plan adopted under |
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Section 361.978; or |
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(2) a manufacturer recycling leadership program |
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established under Section 361.979. |
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(b) The commission by rule shall prohibit a person from |
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intentionally or knowingly disposing of used equipment in a |
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municipal solid waste landfill or incinerator. |
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(c) An owner or operator of a municipal solid waste landfill |
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or incinerator is not in violation of this section or a rule adopted |
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under this section if the owner or operator has: |
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(1) posted in a conspicuous location a sign stating |
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that used equipment is not accepted at the landfill or incinerator; |
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and |
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(2) notified in writing any solid waste collector |
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registered to dispose of waste at the landfill or incinerator that |
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used equipment is not accepted. |
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(d) A person that violates this section or a rule adopted |
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under this section is liable for a civil penalty not to exceed $200 |
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for each item of used equipment disposed of or accepted for disposal |
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at a municipal solid waste landfill or incinerator. |
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SECTION 5. The Texas Commission on Environmental Quality |
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shall adopt rules to implement this Act not later than December 31, |
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2013. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2013. |