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A BILL TO BE ENTITLED
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AN ACT
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relating to the manufacture, transportation, storage, and disposal |
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of new and scrap tires; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Section 361.112, Health and |
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Safety Code, is amended to read as follows: |
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Sec. 361.112. STORAGE, TRANSPORTATION, AND DISPOSAL OF USED |
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OR SCRAP TIRES; MANUFACTURER TIRE IDENTIFICATION INFORMATION. |
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SECTION 2. Section 361.112, Health and Safety Code, is |
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amended by adding Subsections (g-1), (g-2), (g-3), (g-4), (n), (o), |
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and (p) to read as follows: |
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(g-1) Not later than one month after the date a tire is |
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manufactured in this state, the manufacturer shall submit to the |
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commission information that uniquely identifies the tire. The |
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manufacturer may submit the information on a date later than one |
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month after the tire manufacture date if the manufacturer requests |
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a later submission date that is approved by the commission. |
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(g-2) A transporter of scrap tires or a storage site or |
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disposal and storage facility for scrap tires shall electronically |
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sign and submit a manifest prepared under this section to the |
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commission on the initial transfer of each shipment of scrap tires |
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to the transporter, site, or facility. |
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(g-3) The commission by rule shall prescribe requirements |
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for a scrap tire tagging system. A manifest prepared and submitted |
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under this section must include a reference to the tagging system |
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and uniquely identify each tire received from a transporter of |
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scrap tires. |
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(g-4) A transporter of scrap tires is liable for each scrap |
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tire transported to a storage site or disposal facility that is not |
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registered or permitted under this section. The commissioners |
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court of the county in which the improper storage or disposal of the |
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scrap tire occurs may impose a fine on the transporter in an amount |
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not to exceed $500 per tire. |
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(n) The commissioners court of a county in which is located |
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a generator of scrap tires who uses an unregistered transporter to |
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transport tires may: |
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(1) impose a fine in an amount not to exceed $500 on |
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the generator for each scrap tire the unregistered transporter |
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transports; or |
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(2) suspend or revoke any license or permit to sell |
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tires the county has issued to the generator. |
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(o) The commissioners court of a county may: |
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(1) impose a fee of not more than $5 for each tire |
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disposal in the county; and |
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(2) transfer 50 cents of the fee imposed under |
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Subdivision (1) to the commission. |
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(p) The commissioners court of a county: |
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(1) shall deposit a fine or fee collected under this |
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section into an account administered by the county for the purpose |
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of disposing of, mitigating the effects from disposal of, and |
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recycling tires; and |
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(2) may use any fines or fees collected under this |
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section to establish a tire recycling facility in the county. |
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SECTION 3. This Act takes effect September 1, 2023. |