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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation of a defense under the Solid Waste Disposal |
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Act for persons engaged in certain recycling transactions. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 361.275(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Section 361.2755, a [A] person |
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responsible for solid waste under Section 361.271 is liable under |
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Section 361.272 or 361.273 unless the person can establish by a |
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preponderance of the evidence that the release or threatened |
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release was caused solely by: |
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(1) an act of God; |
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(2) an act of war; |
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(3) an act or omission of a third person; or |
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(4) any combination of Subdivisions (1), (2), and (3). |
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SECTION 2. Subchapter I, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.2755 to read as follows: |
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Sec. 361.2755. RECYCLABLE MATERIAL; DEFENSE. (a) In this |
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section, "recyclable material" has the meaning assigned by 42 |
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U.S.C. Section 9627(b), except that the term does not include scrap |
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metal. |
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(b) A person who arranges for recycling of recyclable |
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material is not responsible for the recyclable material under |
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Section 361.271(a)(3) or (4) if the person can establish by a |
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preponderance of the evidence that the person would not be liable |
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with respect to the recyclable material under 42 U.S.C. Section |
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9607(a)(3) or (4) based on the person meeting the criteria |
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established under 42 U.S.C. Section 9627 relating to transactions |
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involving that type of recyclable material. |
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SECTION 3. This Act takes effect September 1, 2019. |