SENATE ENGROSSED
|
HOUSE COMMITTEE
SUBSTITUTE
|
SECTION 1. Title 6, Business
& Commerce Code, is amended by adding Chapter 205 to read as follows:
CHAPTER 205. SALE AND
TRANSPORTATION OF SCRAP, UNSAFE, OR USED TIRES
Sec. 205.001.
DEFINITIONS.
Sec. 205.002. RETENTION
AND DISPOSAL OF SCRAP OR UNSAFE TIRES. (a) Except as provided by
Subsection (c), a retail seller shall
prohibit a customer from retaining a scrap tire or an unsafe tire
removed from the customer's vehicle during the purchase of a tire.
(b) A retail seller who
takes possession of a scrap tire or unsafe tire from a customer during a
transaction described by Subsection (a) shall dispose of the scrap tire or
unsafe tire according to local and state laws, including Section
361.112(c), Health and Safety Code.
(c) A retail seller is not required to prohibit a
customer from retaining a scrap tire or unsafe tire removed from the
customer's vehicle during the purchase of a tire if the customer certifies
on a form prescribed by the Texas Commission on Environmental Quality that:
(1) the tire will be used in the customer's agricultural business;
and
(2) the customer assumes
liability for the tire.
(d) The Texas Commission
on Environmental Quality shall develop the form described by Subsection (c)
and shall make that form available on the commission's Internet website.
No
equivalent provision.
Sec. 205.003.
TRANSPORTATION OF SCRAP, UNSAFE, OR USED TIRES. A retail seller of tires
may contract for the transportation of scrap tires, unsafe tires, or used
tires only with a scrap tire transporter or used tire transporter who:
(1) is registered as
described by Section 361.1121(b), Health and Safety Code; and
(2) has filed evidence of
financial assurance according to Section
361.1121(d), Health and Safety Code.
Sec. 205.004. CIVIL
PENALTY. (a) A person who violates this chapter is subject to a civil
penalty in an amount not less than
$500 for each violation. A separate penalty may be imposed for each day a
violation occurs.
(b) The attorney general
or the appropriate district or county attorney may bring an action against
a person under this section in the name of the state in a district court in
the county in which:
(1) the person resides;
or
(2) the person's
principal place of business is located.
|
SECTION 1. Title 6, Business
& Commerce Code, is amended by adding Chapter 205 to read as follows:
CHAPTER 205. SALE AND
TRANSPORTATION OF SCRAP, UNSAFE, OR USED TIRES
Sec. 205.001.
DEFINITIONS.
Sec. 205.002. RETENTION
AND DISPOSAL OF SCRAP OR UNSAFE TIRES. (a) Except as provided by
Subsection (c), a customer may not retain
a scrap tire or an unsafe tire removed from the customer's vehicle during
the purchase of a tire from a retail seller.
(b) A retail seller who
takes possession of a scrap tire or unsafe tire from a customer during a
transaction described by Subsection (a) shall dispose of the scrap tire or
unsafe tire according to local and state laws, including Section
361.112(c), Health and Safety Code.
(c) A customer may retain a scrap tire or unsafe
tire removed from the customer's vehicle during the purchase of a tire if
the customer certifies on a form prescribed by the Texas Commission on
Environmental Quality that the customer assumes liability for the disposal of the tire.
(d) The Texas Commission
on Environmental Quality shall develop the form described by Subsection (c)
and shall make that form available on the commission's Internet website.
(e) This section does not
apply to an entity that purchases scrap or salvage vehicles for the purpose
of recycling.
Sec. 205.003.
TRANSPORTATION OF SCRAP, UNSAFE, OR USED TIRES. A retail seller of tires
may contract for the transportation of scrap tires, unsafe tires, or used
tires only with a scrap tire transporter or used tire transporter who:
(1) is registered as
described by Section 361.1121(b), Health and Safety Code; and
(2) has filed evidence of
financial assurance according to Section
361.085(m), Health and Safety Code.
Sec. 205.004. CIVIL
PENALTY. (a) A person who violates this chapter is subject to a civil
penalty in an amount determined by the Texas
Commission on Environmental Quality not to exceed $500 for each
violation. A separate penalty may be imposed for each day a violation
occurs. The commission by rule shall adopt
criteria for determining the amount of a civil penalty under this
subsection.
(b) The attorney general
or the appropriate district or county attorney may bring an action against
a person under this section in the name of the state in a district court in
the county in which:
(1) the person resides;
or
(2) the person's
principal place of business is located.
|
No
equivalent provision.
|
SECTION 2. Section 361.085,
Health and Safety Code, is amended by adding Subsection (m) to read as
follows:
(m) A scrap tire
transporter or used tire transporter, as those terms are defined by Section
361.1121(a), who is required to register with the commission shall provide
financial assurance as determined by the commission in an amount
appropriate for the quantity of tires transported. Money that the
commission receives from financial assurance obtained to meet the
requirements of this subsection may be used for the cleanup of abandoned
tire storage sites.
|
SECTION 2. The heading to
Section 361.112, Health and Safety Code, is amended.
|
SECTION 3. Same as engrossed
version.
|
SECTION 3. Section 361.112,
Health and Safety Code, is amended by adding Subsection (n) to read as
follows:
(n) A scrap tire
generator or used tire generator, including a tire dealer, junkyard, or
fleet operator, who stores scrap tires or used tires outdoors on its
business premises shall store the scrap tires or used tires in a manner
that may be made secure by locking.
|
SECTION 4. Section 361.112,
Health and Safety Code, is amended by adding Subsection (n) to read as
follows:
(n) A scrap tire
generator or used tire generator, including a tire dealer, junkyard, or fleet
operator, who stores scrap tires or used tires outdoors on its business
premises shall store the scrap tires or used tires in a manner that may be
made secure by locking. This subsection does
not apply to the Texas Department of Transportation.
|
SECTION 4. Subchapter C,
Chapter 361, Health and Safety Code, is amended by adding Section 361.1121
to read as follows:
Sec. 361.1121. SCRAP AND
USED TIRE TRANSPORTERS.
(a) In this section:
(1) "Scrap
tire" means a tire that can no longer be used for its original
intended purpose.
(2) "Scrap tire
transporter" means a person who collects scrap tires from another
person for the purpose of removal to a scrap tire processor, end user, or
disposal facility.
(3) "Used tire"
means a tire that:
(A) has been used as a
tire on a vehicle;
(B) has tire tread at
least one-sixteenth inch deep; and
(C) can still be used for
its original intended purpose.
(4) "Used tire
transporter" means a person who collects used tires from another
person for the purpose of removal to a scrap tire processor, end user, or
disposal facility.
(b) A scrap tire
transporter or used tire transporter shall register with the commission
unless the scrap tire transporter or used tire transporter is:
(1) a retreader who
transports retreadable casings; or
(2) a person who
transports scrap tires or used tires that are intended for use in that
person's agricultural business and who does not transport at one time a
number of scrap tires or used tires that exceeds a number determined by
commission rule.
(c) A scrap tire
transporter or used tire transporter who is required to register with the
commission shall:
(1) obtain a surety bond
from a surety company authorized to transact business in this state;
(2) establish a trust
account; or
(3) obtain an irrevocable
letter of credit.
(d) The bond, trust
account, or irrevocable letter of credit described by Subsection (c) must
be:
(1) filed with the
commission;
(2) in an amount of
$100,000 or more; and
(3) in favor of this
state.
(e) Money that the
commission receives from a bond, trust account, or letter of credit
obtained to meet the requirements of Subsection (c) may be used for the
cleanup of abandoned tire storage sites.
(f) The commission shall
require a scrap tire transporter or used tire transporter to maintain
records and use a manifest or other appropriate system to assure that tires
are transported to a storage site that is registered or to a site or
facility authorized by the commission.
|
SECTION 5. Subchapter C,
Chapter 361, Health and Safety Code, is amended by adding Section 361.1121
to read as follows:
Sec. 361.1121. SCRAP AND
USED TIRE TRANSPORTERS.
(a) In this section:
(1) "Scrap
tire" means a tire that can no longer be used for its original
intended purpose.
(2) "Scrap tire
transporter" means a person who collects scrap tires from another
person for the purpose of removal to a scrap tire processor, end user, or
disposal facility.
(3) "Used tire"
means a tire that:
(A) has been used as a
tire on a vehicle;
(B) has tire tread at
least one-sixteenth inch deep; and
(C) can still be used for
its original intended purpose.
(4) "Used tire
transporter" means a person who collects used tires from another
person for the purpose of removal to a scrap tire processor, end user, or
disposal facility.
(b) A scrap tire
transporter or used tire transporter shall register with the commission
unless the scrap tire transporter or used tire transporter is:
(1) a retreader who
transports retreadable casings;
(2) a person who
transports scrap tires or used tires that are intended for use in that
person's agricultural business and who does not transport at one time a
number of scrap tires or used tires that exceeds a number determined by
commission rule;
(3) a person who transports scrap tires to the manufacturer or the
manufacturer's representative for adjustment, provided that the generator
of the tires complies with the recordkeeping and manifest requirements
under Subsection (c);
(4) a person who:
(A) is registered with the commission as an on-site sewage disposal
system installer;
(B) transports used or scrap tires or tire pieces for the
construction of an on-site sewage disposal system; and
(C) complies with the recordkeeping and manifest requirements under
Subsection (c);
(5) a person engaged in the collection of incidental amounts of
scrap tires, used tires, or tire pieces during the course of household or
commercial waste collection for a municipal solid waste facility or a
commercial landfill;
(6) a person engaged on behalf of a political subdivision in the
transport of scrap or used tires to another site, provided that the person
complies with the recordkeeping and manifest requirements under Subsection
(c);
(7) a tire retailer who transports the retailer's own tires in the
ordinary course of business as a tire retailer, including the
transportation of tires between places of business owned by the retailer;
or
(8) a person who transports scrap tires or used tires that are
intended for recycling.
No
equivalent provision.
No
equivalent provision.
No
equivalent provision.
(c) The commission shall
require a scrap tire transporter or used tire transporter to maintain
records and use a manifest or other appropriate system to assure that those
tires are transported to a storage site that is registered or to a site or
facility authorized by the commission.
|
SECTION 5. Section 547.201,
Transportation Code, is amended by adding Subsections (c), (d), (e), and
(f) to read as follows:
(c) A person may not sell
at retail an unsafe tire. In this
subsection, "unsafe tire" means a passenger or light truck tire
that:
(1) has tire tread less
than one-sixteenth inch deep;
(2) has chunking, bumps,
knots, or bulges evidencing cord, ply, or tread separation from the casing
or other adjacent material;
(3) has exposed tire
cords or belting material as a result of damage to the tire;
(4) has a repair to the
tire in the tread shoulder, sidewall, bead area, or belt edge area;
(5) has a puncture that
has not been sealed or patched on the inside with a cured rubber stem or
plug that extends through to the outside surface;
(6) does not clearly show
the United States Department of Transportation tire identification number
located on the sidewall of the tire;
(7) is subject to a
manufacturer's safety recall;
(8) has a puncture larger
than one-quarter inch; or
(9) does not otherwise
meet department safety standards under Section 547.101.
(d) Subsection (c) does
not apply to a mounted tire sold with a used vehicle.
(e) A person commits an
offense under Subsection (c) for the sale of an unsafe tire described by
Subsection (c)(7) only if the seller of the tire knew or had reason to know
that the tire was subject to a manufacturer's safety recall at the time of
the sale.
(f) A person who violates
Subsection (c) commits an offense. An offense under this subsection is a
Class A misdemeanor.
No
equivalent provision.
|
SECTION 6. Section 547.201,
Transportation Code, is amended by adding Subsections (c), (d), (e), (f),
and (g) to read as follows:
(c) A person may not sell
and install an unsafe tire. In this
subsection, "unsafe tire" means a passenger car or light truck tire for which a visual or tactile inspection of the
tire exterior and inner liner indicates that the tire:
(1) has tire tread less
than one-sixteenth inch deep;
(2) has chunking, bumps,
knots, or bulges evidencing cord, ply, or tread separation from the casing
or other adjacent material;
(3) has exposed tire
cords or belting material as a result of damage to the tire;
(4) has a repair to the
tire in the tread shoulder, sidewall, bead area, or belt edge area;
(5) has a puncture that
has not been sealed or patched on the inside with a cured rubber stem or
plug that extends through to the outside surface;
(6) does not clearly show
the United States Department of Transportation tire identification number
located on the sidewall of the tire;
(7) is subject to a
manufacturer's safety recall;
(8) has a puncture larger
than one-quarter inch; or
(9) does not otherwise
meet department safety standards under Section 547.101.
(d) Subsection (c) does
not apply to a mounted tire sold with a used vehicle.
(e) A person commits an
offense under Subsection (f) for the sale and
installation of an unsafe tire described by Subsection (c)(7) only
if the seller of the tire knew or had reason to know that the tire was
subject to a manufacturer's safety recall at the time of the sale and installation.
(f) A person who violates
Subsection (c) commits an offense. An offense under this subsection is a
Class A misdemeanor.
(g) This section does not
limit any liability.
|
SECTION 6. Subsection (a),
Section 7.303, Water Code, is amended to read as follows:
(a) This section applies to
a license, certificate, or registration issued:
(1) by the commission under:
(A) Section 26.0301;
(B) Chapter 37;
(C) Section 361.0861,
361.092, [or] 361.112, or 361.1121, Health and Safety Code;
(D) Chapter 366, 371, or
401, Health and Safety Code; or
(E) Chapter 1903,
Occupations Code;
(2) by a county under
Subchapter E, Chapter 361, Health and Safety Code; or
(3) under a rule adopted
under any of those provisions.
|
SECTION 7. Same as engrossed
version except for recitation.
|
SECTION 7. Subsection (g), Section
361.112, Health and Safety Code, is repealed.
|
SECTION 8. Substantially the
same as engrossed version.
|
No
equivalent provision.
|
SECTION 9. A person is not
required to comply with the requirements of Section 361.085(m), Health and
Safety Code, as added by this Act, before the 180th day after the date that
the rules adopted by the Texas Commission on Environmental Quality to
implement that section take effect, or as otherwise required by the
commission.
|
SECTION 8. This Act takes
effect September 1, 2013.
|
SECTION 10. Same as engrossed
version.
|
|