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A BILL TO BE ENTITLED
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AN ACT
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relating to county authority to mitigate illegal tire disposal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 361.112(g), Health and Safety Code, is |
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amended by adding the following Subsections: |
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(g-1) The commission shall require that the manifest in |
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361.112(g) be completed and submitted to TCEQ within one month of |
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the manifest's date of initial signature. Notification and approval |
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of any lapse to this time shall be reported to TCEQ within 40 days of |
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initial signature. |
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(g-2) The commission shall require generators, |
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transporters, and disposal / storage facilities of scrap tires in |
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361.112(g) to electronically sign and submit the tire manifest to |
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TCEQ upon initial transfer for each transition of possession of a |
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scrap tire load. |
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(g-3) The commission shall hold liable the transporter and |
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generator in 361.112(g) for each scrap tire improperly disposed of |
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that was not disposed at an authorized disposal / storage facility. |
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The commissioner's court may impose a fine on the transporter and |
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generator not to exceed $500 per tire. |
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(g-4) The commission shall phase in the requirement of a |
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standardized tire tagging methodology, incorporated into the tire |
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manifest, that can uniquely identify all tires from a specific |
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transporter. |
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SECTION 2. Section 361.112, Health and Safety Code, is |
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amended by adding the following Subsections: |
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(n) The generator will be held liable for the use of |
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unregistered tire haulers. The commissioners court may impose a |
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fine on the generator not to exceed $500 per tire or enact the |
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suspension or revocation of the generator's license to sell tires. |
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(o) The Commissioners Court of a county may impose a fee of |
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not more than $5 for the disposal of an individual tire. |
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(p) All fines and fees collected by a county Commissioners |
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Court under Section 361.112 shall be deposited into an account |
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dedicated to the disposition, mitigation, and recycling of tires. |
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(p-1) Fines and fees collected by a county Commissioners |
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Court under Section 361.112 may be used to establish a tire |
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recycling facility in that county. |
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SECTION 3. This Act takes effect September 1, 2023. |