Bill Text: TX HB3352 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the regulation of used and scrap tires by certain counties.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2023-05-11 - Referred to Natural Resources & Economic Development [HB3352 Detail]
Download: Texas-2023-HB3352-Engrossed.html
| By: Gerdes, Orr | H.B. No. 3352 | |
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| relating to the regulation of used and scrap tires by certain | ||
| counties. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter C, Chapter 361, Health and Safety | ||
| Code, is amended by adding Section 361.1121 to read as follows: | ||
| Sec. 361.1121. MARKING USED OR SCRAP TIRES IN CERTAIN | ||
| COUNTIES. (a) In this section: | ||
| (1) "Generator" includes a fleet operator, a tire | ||
| recapper or retreader, or a retailer, wholesaler, or manufacturer | ||
| of whole new or used tires. The term does not include a scrap tire | ||
| energy recovery facility or a scrap tire recycling facility. | ||
| (2) "Retailer" means a person who is engaged in the | ||
| business of selling or otherwise placing tires in the stream of | ||
| commerce for use on a vehicle, trailer, or piece of equipment. | ||
| (3) "Scrap tire" has the meaning assigned by Section | ||
| 361.112. The term does not include a tire: | ||
| (A) in or on a vehicle that: | ||
| (i) has been crushed; or | ||
| (ii) is being transported to a registered | ||
| metal recycling entity or a licensed used automotive parts | ||
| recycler; or | ||
| (B) that is mounted on a metal wheel that is | ||
| intended to be recycled. | ||
| (4) "Used tire" means a tire that: | ||
| (A) has been used as a tire on a vehicle, trailer, | ||
| or piece of equipment; | ||
| (B) has tire tread at least one-sixteenth inch | ||
| deep; | ||
| (C) can still be used for its original intended | ||
| purpose; and | ||
| (D) meets the visual and tread depth requirements | ||
| for used tires established by the Department of Public Safety. | ||
| (b) This section applies only to a county with a population | ||
| of 150,000 or less. | ||
| (c) The commissioners court of a county to which this | ||
| section applies may establish and enforce a program requiring a | ||
| generator to mark used or scrap tires handled by the generator. | ||
| (d) A program established under this section must: | ||
| (1) assign to each generator a unique identifying mark | ||
| required to be affixed to or imprinted on each scrap or used tire | ||
| taken possession of or produced by the generator; | ||
| (2) allow a customer to retain a scrap or used tire | ||
| removed from the customer's vehicle during the purchase of a tire | ||
| from a retailer; | ||
| (3) require a retailer whose customer retains a scrap | ||
| or used tire to keep a record of the customer's retention; and | ||
| (4) include a system to inspect generators for | ||
| compliance. | ||
| SECTION 2. This Act takes effect September 1, 2023. | ||
