85R8898 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 recycling transactions.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 361.275(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Except as provided by Section 361.2755, a [A] person
  responsible for solid waste under Section 361.271 is liable under
  Section 361.272 or 361.273 unless the person can establish by a
  preponderance of the evidence that the release or threatened
  release was caused solely by:
               (1)  an act of God;
               (2)  an act of war;
               (3)  an act or omission of a third person; or
               (4)  any combination of Subdivisions (1), (2), and (3).
         SECTION 2.  Subchapter I, Chapter 361, Health and Safety
  Code, is amended by adding Section 361.2755 to read as follows:
         Sec. 361.2755.  RECYCLABLE MATERIAL; DEFENSE. (a) In this
  section, "recyclable material" has the meaning assigned by 42
  U.S.C. Section 9627(b).
         (b)  A person who arranges for recycling of recyclable
  material is not responsible for the recyclable material under
  Section 361.271(a)(3) or (4) if the person can establish by a
  preponderance of the evidence that the person would not be liable
  with respect to the recyclable material under 42 U.S.C. Section
  9607(a)(3) or (4) based on the person meeting the criteria
  established under 42 U.S.C. Section 9627 relating to transactions
  involving that type of recyclable material.
         SECTION 3.  This Act takes effect September 1, 2017.