SB 762mTexas — Relating to a prohibition on the disposal of certain used equipment at a municipal solid waste facility; creating an offense....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
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