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A BILL TO BE ENTITLED
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AN ACT
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relating to the sale, storage, transportation, and disposal of |
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scrap or used tires; providing a civil penalty; creating an |
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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 OR USED TIRES |
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Sec. 205.001. DEFINITIONS. In this chapter, "scrap tire" |
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and "used tire" have the meanings assigned to those terms by Section |
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361.112l, Health and Safety Code. |
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Sec. 205.002. RETENTION AND DISPOSAL OF SCRAP OR USED |
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TIRES. (a) Except as provided by Subsection (c), a retail seller |
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shall prohibit a customer from retaining a scrap tire or used tire |
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removed from the customer's vehicle during the purchase of a tire. |
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(b) A retail seller who takes possession of a scrap tire |
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from a customer during a transaction described by Subsection (a) |
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shall dispose of the scrap tire according to local and state laws, |
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including Section 361.112(c), Health and Safety Code. |
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(c) A retail seller is not required to prohibit a customer |
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from retaining a scrap tire or used tire removed from the customer's |
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vehicle during the purchase of a tire if the customer certifies on a |
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form prescribed by the Texas Commission on Environmental Quality |
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that: |
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(1) the tire will be used in the customer's |
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agricultural business; and |
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(2) the customer assumes liability for 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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Sec. 205.003. TRANSPORTATION OF SCRAP OR USED TIRES. A |
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retail seller of tires shall contract for the transportation of |
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scrap tires or used tires only with a scrap tire transporter or used |
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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 a surety bond according to Section |
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361.1121(c), 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 not less |
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than $500 for each violation. A separate penalty may be imposed for |
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each day a violation occurs. |
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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. 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 3. 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 or used tire generator, including a tire |
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dealer, junkyard, or fleet operator, who stores scrap tires or used |
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tires outdoors on its business premises shall store the scrap tires |
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or used tires in a fully enclosed area or container that must be |
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made secure by locking. |
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SECTION 4. 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; or |
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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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(c) A scrap tire transporter or used tire transporter who is |
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required to register with the commission shall file with the |
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commission a bond issued by a surety company authorized to transact |
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business in this state. The principal amount of the bond must equal |
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at least $100,000. The bond must be payable to the state and |
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conditioned on compliance with this section and any rules adopted |
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under this section. |
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(d) 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 disposal facility that |
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is permitted under Section 361.112 for that purpose. |
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SECTION 5. Section 547.201, Transportation Code, is amended |
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by adding Subsections (c), (d), and (e) to read as follows: |
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(c) A person may not sell at retail an unsafe tire. In this |
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subsection, "unsafe tire" means a passenger or light truck tire |
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that: |
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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 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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SECTION 6. 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 7. Section 361.112(g), Health and Safety Code, is |
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repealed. |
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SECTION 8. This Act takes effect September 1, 2013. |