83R8263 JRR-D
	By: Carona	S.B. No. 762

	A BILL TO BE ENTITLED
	AN ACT
	relating to a prohibition on the disposal of certain used equipment
	at a municipal solid waste facility; creating an offense.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 361.954(a), Health and Safety Code, is
	amended to read as follows:
	(a)  The collection, recycling, and reuse provisions of this
	subchapter apply to computer equipment used and returned to the
	manufacturer by a consumer in this state and, except as provided by
	Section 361.967, do not impose any obligation on an owner or
	operator of a solid waste facility.
	SECTION 2.  Subchapter Y, Chapter 361, Health and Safety
	Code, is amended by adding Section 361.967 to read as follows:
	Sec. 361.967.  PROHIBITION ON LAND DISPOSAL OR INCINERATION.
	(a) In this section, "used equipment" means equipment that is
	eligible for collection under a manufacturer's recovery plan
	adopted under Section 361.955.
	(b)  The commission by rule shall prohibit a person from
	intentionally or knowingly disposing of used equipment in a
	municipal solid waste landfill or incinerator.
	(c)  An owner or operator of a municipal solid waste landfill
	or incinerator is not in violation of this section or a rule adopted
	under this section if the owner or operator has:
	(1)  posted in a conspicuous location a sign stating
	that used equipment is not accepted at the landfill or incinerator;
	and
	(2)  notified in writing any solid waste collector
	registered to dispose of waste at the landfill or incinerator that
	used equipment is not accepted.
	(d)  A person that violates this section or a rule adopted
	under this section is liable for a civil penalty not to exceed $200
	for each item of used equipment disposed of or accepted for disposal
	at a municipal solid waste landfill or incinerator.
	SECTION 3.  Section 361.973(a), Health and Safety Code, is
	amended to read as follows:
	(a)  Except as provided by this section and Sections
	[Section] 361.991 and 361.993, this subchapter applies only to
	covered television equipment that is:
	(1)  offered for sale or sold to a consumer in this
	state; or
	(2)  used by a consumer in this state and returned for
	recycling.
	SECTION 4.  Subchapter Z, Chapter 361, Health and Safety
	Code, is amended by adding Section 361.993 to read as follows:
	Sec. 361.993.  PROHIBITION ON LAND DISPOSAL OR INCINERATION.
	(a)  In this section, "used equipment" means covered television
	equipment that is eligible for collection under:
	(1)  a manufacturer's recovery plan adopted under
	Section 361.978; or
	(2)  a manufacturer recycling leadership program
	established under Section 361.979.
	(b)  The commission by rule shall prohibit a person from
	intentionally or knowingly disposing of used equipment in a
	municipal solid waste landfill or incinerator.
	(c)  An owner or operator of a municipal solid waste landfill
	or incinerator is not in violation of this section or a rule adopted
	under this section if the owner or operator has:
	(1)  posted in a conspicuous location a sign stating
	that used equipment is not accepted at the landfill or incinerator;
	and
	(2)  notified in writing any solid waste collector
	registered to dispose of waste at the landfill or incinerator that
	used equipment is not accepted.
	(d)  A person that violates this section or a rule adopted
	under this section is liable for a civil penalty not to exceed $200
	for each item of used equipment disposed of or accepted for disposal
	at a municipal solid waste landfill or incinerator.
	SECTION 5.  The Texas Commission on Environmental Quality
	shall adopt rules to implement this Act not later than December 31,
	2013.
	SECTION 6.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution.  If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect September 1, 2013.