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.

SUMMARY: 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.

FULL TEXT:
AN ACT 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. 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. Title 6, Business & Commerce Code, is amended by adding Chapter 205 to read as follows: CHAPTER 205. REQUIREMENTS FOR CERTAIN PERSONS THAT GENERATE OR TRANSPORT SCRAP TIRES Sec. 205.001. DEFINITIONS. In this chapter: (1) "Commission" means the Texas Commission on Environmental Quality. (2) "Scrap tire" means a tire that can no longer be used for the tire's original intended purpose. (3) "Scrap tire generator" means a person that generates scrap tires. The term includes a tire dealer, junkyard, or fleet operator. (4) "Scrap tire transporter" means a person that: (A) collects scrap tires from another person for the purpose of removal to a scrap tire processor, end user, or disposal facility; and (B) is required to register with the commission as a scrap tire transporter. Sec. 205.002. BOND REQUIRED FOR SCRAP TIRE TRANSPORTER. (a) A scrap tire transporter shall file with the commission a bond issued by a surety company authorized to transact business in this state. (b) The principal amount of the bond must equal at least $100,000. (c) The bond must be payable to the state and conditioned on compliance with this chapter and any rules adopted under this chapter. Sec. 205.003. STORAGE OF SCRAP TIRES. A scrap tire generator that stores scrap tires outdoors on its business premises shall store the scrap tires in a fully enclosed area or container that may be made secure by locking. Sec. 205.004. RULES. The commission may adopt rules to implement this chapter. Sec. 205.005. CIVIL PENALTY. (a) A person that violates this chapter is subject to a civil penalty in an amount not to exceed $500 for each violation. A separate penalty may be imposed for each day a violation occurs. (b) The attorney general or the appropriate district or county attorney may bring an action against a person under this section in the name of the state in a district court in the county in which: (1) the person resides; or (2) the person's principal place of business is located. SECTION 3. This Act takes effect September 1, 2011.