84R1674 EES-F
 
  By: Rodríguez S.B. No. 1242
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the sale, storage, transportation, and disposal of
  scrap or used tires; providing a civil penalty; creating a criminal
  offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 361.112, Health and
  Safety Code, is amended to read as follows:
         Sec. 361.112.  STORAGE[, TRANSPORTATION,] AND DISPOSAL OF
  USED OR SCRAP TIRES.
         SECTION 2.  Section 361.112, Health and Safety Code, is
  amended by adding Subsection (n) to read as follows:
         (n)  A scrap tire generator or used tire generator, including
  a tire dealer, junkyard, or fleet operator, who stores scrap tires
  or used tires outdoors on its business premises shall store the
  scrap tires or used tires in a secure manner that locks the tires
  during nonbusiness hours.
         SECTION 3.  Subchapter C, Chapter 361, Health and Safety
  Code, is amended by adding Sections 361.1121 and 361.1122 to read as
  follows:
         Sec. 361.1121.  SALE AND TRANSPORTATION OF SCRAP OR USED
  TIRES. (a)  In this section:
               (1)  "Scrap tire" means a tire that can no longer be
  used for its original intended purpose.
               (2)  "Used tire" means a tire that:
                     (A)  has been used as a tire on a vehicle;
                     (B)  has tire tread at least one-sixteenth inch
  deep;
                     (C)  can still be used for its original intended
  purpose; and
                     (D)  has been inspected visually, has had its
  tread measured with a tread depth gauge calibrated in 32nds of an
  inch if it does not have tread wear indicators, and meets the visual
  and tread depth requirements for used tires established by the
  Department of Public Safety.
         (b)  A customer may not retain a scrap tire removed from the
  customer's vehicle during the purchase of a tire from a retail
  seller.
         (c)  A retail seller who takes possession of a scrap tire
  from a customer during a transaction described by Subsection (b)
  shall dispose of the scrap tire according to local and state laws,
  including Section 361.112(c).
         (d)  A customer may only retain a used tire removed from the
  customer's vehicle during the purchase of a tire if the customer
  certifies on a form prescribed by the commission that:
               (1)  the customer assumes liability for the disposal of
  the tire; and
               (2)  the retail seller maintains in a manner accessible
  to local law enforcement agencies and the commission a record of the
  customer's retention of the used tire until at least the third
  anniversary of the date the tire was removed.
         (e)  The commission shall develop the form described by
  Subsection (d) and make that form available on the commission's
  Internet website.
         (f)  A retail seller of tires may contract for the
  transportation of scrap tires or used tires only with a scrap tire
  transporter or used tire transporter who:
               (1)  is registered as described by Section 361.1122(b);
  and
               (2)  has filed evidence of financial assurance
  according to Section 361.1122(e).
         (g)  A person who violates this section is subject to a civil
  penalty in an amount not less than $1,000 for each violation. A
  separate penalty may be imposed for each day a violation occurs and
  for each tire to which the violation applies.
         (h)  A person commits an offense if that person recklessly
  violates this section. For an individual, an offense under this
  subsection is punishable by a fine of not less than $1,000 or more
  than $50,000, confinement for a period not to exceed one year, or
  both fine and confinement, as provided by this subsection. For a
  person other than an individual, this subsection is punishable by a
  fine of not less than $1,000 or more than $100,000.
         (i)  A person commits an offense if that person intentionally
  or knowingly violates this section. For an individual, an offense
  under this subsection is punishable by a fine of not less than
  $1,000 or more than $100,000, confinement for a period not to exceed
  two years, or both fine and confinement, as provided by this
  subsection. For a person other than an individual, this subsection
  is punishable by a fine of not less than $1,000 or more than
  $250,000. 
         (j)  The attorney general or the appropriate district or
  county attorney may bring an action against a person under this
  section in the name of the state in a district court in the county in
  which:
               (1)  the person resides; or
               (2)  the person's principal place of business is
  located.
         Sec. 361.1122.  SCRAP AND USED TIRE TRANSPORTERS. (a)  In
  this section:
               (1)  "Scrap tire" and "used tire" have the meanings
  assigned by Section 361.1121.
               (2)  "Scrap tire transporter" means a person who
  collects scrap tires from another person for the purpose of removal
  to a scrap tire processor, end user, or disposal facility.
               (3)  "Used tire transporter" means a person who
  collects used tires from another person for the purpose of removal
  to a scrap tire processor, end user, or disposal facility.
         (b)  Except as provided by Subsection (c), a scrap tire
  transporter or used tire transporter shall register with the
  commission.
         (c)  The following persons are not required to register under
  this section:
               (1)  a person who ships used or defective tires back to
  the manufacturer or the manufacturer's representative for
  adjustment, provided that the person retains, until the third
  anniversary of the shipment date, written records of the shipments
  indicating the date of shipment, the destination, and the number of
  tires in each shipment and makes those records available to the
  commission on request; 
               (2)  an on-site sewage facility installer who is
  registered with the commission and who transports used or scrap
  tires or tire pieces for construction of an on-site sewage disposal
  system, provided that the installer complies with the commission's
  manifest and recordkeeping requirements;
               (3)  a retreader who hauls tires from customers for the
  purpose of retreading the tires or who returns tires to customers
  after retreading or recapping, provided that the retreader does not
  haul tires to an authorized facility for used or scrap tire
  collection;
               (4)  a person who owns or operates a truck for municipal
  solid waste collection or commercial route collection and handles
  incidental loads of used or scrap tires or tire pieces as part of
  normal household or commercial collection activities;
               (5)  a municipality, county, or other governmental
  entity that owns or operates a transport vehicle used to transport
  used or scrap tires to an authorized facility or to a facility used
  by a governmental entity to collect used or scrap tires, provided
  that each load of used or scrap tires is manifested as required by
  the commission; and 
               (6)  a person exempt from registration requirements
  under commission rules.
         (d)  A scrap tire transporter or used tire transporter who is
  required to register with the commission shall:
               (1)  obtain a surety bond from a surety company
  authorized to transact business in this state;
               (2)  establish a trust account; or
               (3)  obtain an irrevocable letter of credit.
         (e)  The bond, trust account, or irrevocable letter of credit
  described by Subsection (d) must be:
               (1)  filed with the commission;
               (2)  in an amount of $25,000 or more; and
               (3)  in favor of this state.
         (f)  Money that the commission receives from a bond, trust
  account, or letter of credit obtained to meet the requirements of
  Subsection (d) must be used for the cleanup of abandoned tire
  storage sites.
         (g)  The commission shall require a scrap tire transporter or
  used tire transporter to maintain records and use a manifest or
  other appropriate system to assure that those tires are transported
  to a storage site that is registered or to a site or facility
  authorized by the commission.  The commission shall require a scrap
  tire transporter or used tire transporter to submit to the
  commission in an electronic format an annual report on the records
  maintained by the transporter under this subsection.
         (h)  A registration issued under this section expires on the
  first anniversary of the date of issuance and must be renewed
  annually.  If a scrap tire transporter or used tire transporter
  fails to submit an annual report under Subsection (g), the
  transporter is not eligible to renew the transporter's
  registration.
         (i)  The commission shall issue a registration insignia to
  each registered scrap tire transporter and used tire transporter.
  The transporter shall display the insignia on each vehicle used to
  transport tires under the registration. The insignia expires on
  the first anniversary of the date of issuance.  The commission may
  adopt rules for issuing duplicate and multiple insignia. 
         (j)  A county by order may require a scrap tire transporter
  or used tire transporter to register with the county.  Registration
  requirements adopted under this subsection must be compatible with
  and not less stringent than rules adopted by the commission under
  this section.
         SECTION 4.  Section 7.303(a), Water Code, is amended to read
  as follows:
         (a)  This section applies to a license, certificate, or
  registration issued:
               (1)  by the commission under:
                     (A)  Section 26.0301;
                     (B)  Chapter 37;
                     (C)  Section 361.0861, 361.092, [or] 361.112, or
  361.1122, Health and Safety Code;
                     (D)  Chapter 366, 371, or 401, Health and Safety
  Code; or
                     (E)  Chapter 1903, Occupations Code;
               (2)  by a county under Subchapter E, Chapter 361,
  Health and Safety Code; or
               (3)  under a rule adopted under any of those
  provisions.
         SECTION 5.  Section 361.112(g), Health and Safety Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2015.