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  85R25226 JRR-F
 
  By: King of Hemphill H.B. No. 1856
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation of a defense under the Solid Waste Disposal
  Act for persons engaged in certain scrap metal recycling
  transactions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter I, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.2755 to read as follows:
         Sec. 361.2755.  RECYCLED SCRAP METAL; DEFENSE. (a) In this
  section, "scrap metal" has the meaning assigned by 42 U.S.C.
  Section 9627(d)(3).
         (b)  A person who arranges for recycling of scrap metal is
  not responsible for the scrap metal under Section 361.271(a)(3) or
  (4) if the person can establish by a preponderance of the evidence
  that the person meets the criteria established in 42 U.S.C. Section
  9627 relating to recycling scrap metal.
         SECTION 2.  This Act takes effect September 1, 2017.