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