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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of used and scrap tires by certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 361, Health and Safety |
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Code, is amended by adding Section 361.1121 to read as follows: |
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Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN |
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COUNTIES. (a) In this section: |
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(1) "Generator" includes a fleet operator, a tire |
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recapper or retreader, or a retailer, wholesaler, or manufacturer |
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of whole new or used tires. The term does not include a scrap tire |
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energy recovery facility or a scrap tire recycling facility. |
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(2) "Retailer" means a person who is engaged in the |
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business of selling or otherwise placing tires in the stream of |
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commerce for use on a vehicle, trailer, or piece of equipment. |
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(3) "Scrap tire" has the meaning assigned by Section |
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361.112. The term does not include a tire: |
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(A) in or on a vehicle that: |
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(i) has been crushed; or |
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(ii) is being transported to a registered |
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metal recycling entity or a licensed used automotive parts |
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recycler; or |
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(B) that is mounted on a metal wheel that is |
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intended to be recycled. |
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(4) "Used tire" means a tire that: |
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(A) has been used as a tire on a vehicle, trailer, |
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or piece of equipment; |
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(B) has tire tread at least one-sixteenth inch |
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deep; |
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(C) can still be used for its original intended |
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purpose; and |
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(D) meets the visual and tread depth requirements |
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for used tires established by the Department of Public Safety. |
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(b) This section applies only to a county with a population |
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of 150,000 or less. |
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(c) The commissioners court of a county to which this |
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section applies may establish and enforce a program requiring a |
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generator to mark used or scrap tires handled by the generator. |
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(d) A program established under this section must: |
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(1) assign to each generator a unique identifying mark |
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required to be affixed to or imprinted on each scrap or used tire |
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taken possession of or produced by the generator; |
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(2) allow a customer to retain a scrap or used tire |
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removed from the customer's vehicle during the purchase of a tire |
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from a retailer; |
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(3) require a retailer whose customer retains a scrap |
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or used tire to keep a record of the customer's retention; and |
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(4) include a system to inspect generators for |
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compliance. |
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SECTION 2. This Act takes effect September 1, 2023. |