Bill Text: TX SB615 | 2011-2012 | 82nd Legislature | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to requiring a retail seller of motor vehicle tires to render certain tires unusable and to the regulation of scrap tires; providing civil penalties.

Spectrum: Slight Partisan Bill (Republican 4-2)

Status: (Engrossed - Dead) 2011-05-24 - Placed on General State Calendar [SB615 Detail]

Download: Texas-2011-SB615-Comm_Sub.html

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By: Rodriguez, Wentworth S.B. No. 615
(In the Senate - Filed February 11, 2011; February 17, 2011,
read first time and referred to Committee on Transportation and
Homeland Security; April 26, 2011, reported favorably by the
following vote: Yeas 9, Nays 0; April 26, 2011, sent to printer.)

A BILL TO BE ENTITLED
AN ACT
relating to requiring a retail seller of motor vehicle tires to
render certain tires unusable; providing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle C, Title 5, Business & Commerce Code, is
amended by adding Chapter 106 to read as follows:
CHAPTER 106. REQUIREMENTS FOR RETAIL SELLERS OF MOTOR VEHICLE
TIRES
Sec. 106.001. DEFINITION. In this chapter, "dealer" has
the meaning assigned by Section 503.001, Transportation Code.
Sec. 106.002. RENDERING CERTAIN MOTOR VEHICLE TIRES
UNUSABLE. (a) A business that sells new or used tires at retail
for use on a motor vehicle shall render as unusable on a motor
vehicle a tire held as inventory or purchased or received in
exchange from a customer if the tire does not meet the inspection
criteria adopted by rule of the Department of Public Safety under
Section 548.002, Transportation Code. The business shall render
the tire unusable by:
(1) puncturing a hole at least two inches in diameter
through the body of the tire so that the tire cannot be temporarily
repaired by the use of blowout patches or boots; or
(2) taking any other action necessary to prevent the
tire from being used on a motor vehicle.
(b) This section does not apply to a tire that:
(1) remains mounted on the wheel of a motor vehicle
that is:
(A) held as inventory by a dealer; or
(B) purchased or received in exchange by a dealer
as part of a motor vehicle retail installment transaction; or
(2) a business transfers to a used or scrap tire
transporter that:
(A) is registered with the Texas Commission on
Environmental Quality; and
(B) has provided the commission with a bond in an
amount of at least $100,000.
Sec. 106.003. RULEMAKING AUTHORITY. The Department of
Public Safety may adopt rules to implement this chapter.
Sec. 106.004. CIVIL PENALTY. (a) A business that violates
this chapter is liable to the state for a civil penalty in an amount
not to exceed $500 for each violation.
(b) The attorney general or the appropriate district or
county attorney may bring an action under this chapter in the name
of the state in a district court in:
(1) Travis County; or
(2) the county in which the violation occurs.
SECTION 2. This Act takes effect September 1, 2011.
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