84R18188 JRR-D

By: Farias H.B. No. 1058

Substitute the following for H.B. No. 1058:

By: Rodriguez of Travis C.S.H.B. No. 1058

A BILL TO BE ENTITLED

AN ACT

relating to notice and information provided by a solid waste facility and a commercial transporter of solid waste regarding recycling programs for certain electronic waste.

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 or a commercial transporter of solid waste.

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 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. NOTICE AND INFORMATION PROVIDED TO CONSUMER BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this section, "electronic waste" means computer equipment that is eligible for collection under a manufacturer's recovery plan adopted under Section 361.955.

(b) An owner or operator of a solid waste facility shall post in a conspicuous location at the solid waste facility a sign that encourages consumers to recycle electronic waste. An owner or operator is not liable for electronic waste collected or disposed of at the solid waste facility and is not required to remove electronic waste collected or disposed of. An owner or operator is not in violation of this subsection if the owner or operator has made a good faith effort to comply with this subsection.

(c) A commercial transporter of solid waste who transports waste to a solid waste facility shall provide each person who has contracted directly with the commercial transporter for the transportation of solid waste an informational insert that encourages consumers to recycle electronic waste. A commercial transporter must provide the insert to each person at least once each year. A commercial transporter is not liable for electronic waste carried by the commercial transporter and is not required to remove electronic waste collected. A commercial transporter is not in violation of this subsection if the commercial transporter has made a good faith effort to comply with this subsection. This subsection expires December 31, 2017.

(d) The commission by rule shall develop the sign and informational insert required by this section. The sign and insert must include information relating to recycling programs for electronic waste and the commission's Internet website.

SECTION 4. Section 361.973(a), Health and Safety Code, is amended to read as follows:

(a) Except as provided by this section and Sections [Section] 361.991 and 361.993, this subchapter applies only to covered television equipment that is:

(1) offered for sale or sold to a consumer in this state; or

(2) used by a consumer in this state and returned for recycling.

SECTION 5. Subchapter Z, Chapter 361, Health and Safety Code, is amended by adding Section 361.993 to read as follows:

Sec. 361.993. NOTICE AND INFORMATION PROVIDED TO CONSUMER BY SOLID WASTE FACILITY AND COMMERCIAL TRANSPORTER. (a) In this section, "electronic waste" means covered television equipment that is eligible for collection under:

(1) a manufacturer's recovery plan adopted under Section 361.978; or

(2) a manufacturer recycling leadership program established under Section 361.979.

(b) An owner or operator of a solid waste facility shall post in a conspicuous location at the solid waste facility a sign that encourages consumers to recycle electronic waste. An owner or operator is not liable for electronic waste collected or disposed of at the solid waste facility and is not required to remove electronic waste collected or disposed of. An owner or operator is not in violation of this subsection if the owner or operator has made a good faith effort to comply with this subsection.

(c) A commercial transporter of solid waste who transports waste to a solid waste facility shall provide each person who has contracted directly with the commercial transporter for the transportation of solid waste an informational insert that encourages consumers to recycle electronic waste. A commercial transporter must provide the insert to each person at least once each year. A commercial transporter is not liable for electronic waste carried by the commercial transporter and is not required to remove electronic waste collected. A commercial transporter is not in violation of this subsection if the commercial transporter has made a good faith effort to comply with this subsection. This subsection expires December 31, 2017.

(d) The commission by rule shall develop the sign and informational insert required by this section. The sign and insert must include information relating to recycling programs for electronic waste and the commission's Internet website.

SECTION 6. (a) The Texas Commission on Environmental Quality shall adopt rules to implement this Act not later than December 31, 2015.

(b) Sections 361.967 and 361.993, Health and Safety Code, as added by this Act, apply to an owner or operator of a solid waste facility and a commercial transporter of solid waste who transports waste to a solid waste facility beginning on the effective date of rules adopted by the Texas Commission on Environmental Quality under Subsection (a) of this section.

SECTION 7. 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, 2015.