reglab/statecodes huggingface dataset:
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.801. Definitions

Sec. 361.801.  DEFINITIONS.  In this subchapter:
(1)  "Contaminant" includes:
(A)  solid waste;
(B)  hazardous waste;
(C)  a hazardous waste constituent listed in 40 C.F.R. Part 261, Subpart D, or Table 1, 40 C.F.R. Section 261.24;
(D)  a pollutant as defined in Section 26.001, Water Code;  and
(E)  a hazardous substance:
(i)  as defined in Section 361.003;  or
(ii)  subject to Subchapter G, Chapter 26, Water Code.
(2)  "Potable water" means water that is used for irrigating crops intended for human consumption, drinking, showering, bathing, or cooking purposes.
(3)  "Response action" means the cleanup or removal from the environment of a hazardous substance or contaminant, excluding a waste, pollutant, or substance regulated by or that results from an activity under the jurisdiction of the Railroad Commission of Texas under Chapter 91 or 141, Natural Resources Code, or Chapter 27, Water Code.
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.8015. Legislative Findings

Sec. 361.8015.  LEGISLATIVE FINDINGS.  (a)  The legislature finds that access to and the use of groundwater may need to be restricted to protect public health and welfare where the quality of groundwater presents an actual or potential threat to human health.
(b)  The legislature finds that an action by a municipality to restrict access to or the use of groundwater in support of or to facilitate a municipal setting designation advances a substantial and legitimate state interest where the quality of the groundwater subject to the designation is an actual or potential threat to human health.
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.802. Purpose

Sec. 361.802.  PURPOSE.  The purpose of this subchapter is to provide authorization to the executive director to certify municipal setting designations for municipal properties in order to limit the scope of or eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted from use as potable water by ordinance or restrictive covenant.
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.803. Eligibility for a Municipal Setting Designation

Sec. 361.803. ELIGIBILITY FOR A MUNICIPAL SETTING DESIGNATION.  A person, including a local government, may submit a request to the executive director for a municipal setting designation for property if:
(1)  the property is within the corporate limits or extraterritorial jurisdiction of a municipality authorized by statute; and
(2)  a public drinking water supply system exists that satisfies the requirements of Chapter 341 and that supplies or is capable of supplying drinking water to:
(A)  the property for which designation is sought; and
(B)  property within one-half mile of the property for which designation is sought.
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 240 (H.B. 2018), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.806. Denial of Application

Sec. 361.806.  DENIAL OF APPLICATION.  (a)  The executive director shall deny an application submitted under Section 361.804 if:
(1)  any of the eligibility criteria described in Section 361.803 have not been met for the property for which the municipal setting designation is sought;
(2)  the application is incomplete or inaccurate;  or
(3)  after the 60-day comment period described by Section 361.805(e), the executive director determines that the municipal setting designation would negatively impact the current and future regional water resource needs or obligations of a municipality, a retail public utility, or a private well owner described by Section 361.805(a).
(b)  If the executive director determines that an application is incomplete or inaccurate, the executive director, not later than the 90th day after receipt of the application, shall provide the applicant with a list of all information needed to make the application complete or accurate.
(c)  If the executive director denies the application, the executive director shall:
(1)  notify the applicant that the application has been denied;  and
(2)  explain the reasons for the denial of the application.
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter W. Municipal Setting Designations › Section 361.807. Certification

Sec. 361.807.  CERTIFICATION.  (a)  If the executive director determines that an applicant has complied with Section 361.8065 and submitted a complete application, the executive director shall issue a copy of the municipal setting designation certificate to:
(1)  the applicant for the municipal setting designation;
(2)  each municipality, retail public utility, and private well owner described by Section 361.805(a);  and
(3)  each person who submitted comments on the application for the municipal setting designation and anyone else who requested a copy during the review period.
(b)  The municipal setting designation certificate shall:
(1)  indicate that the municipal setting designation eligibility criteria described in Section 361.803 are satisfied and that the executive director has certified the municipal setting designation;
(2)  indicate that any person addressing environmental impacts for a property located in the certified municipal setting designation shall complete any necessary investigation and response action requirements in accordance with Section 361.808;  and
(3)  include a legal description of the outer boundaries of the municipal setting designation.
(c)  If the executive director determines that an applicant has submitted a complete application except that an ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065 have not been submitted, the executive director shall issue a letter to the applicant listed in Subsection (a) stating that a municipal setting designation will be certified on submission of a copy of the ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065.  On submission of the ordinance or restrictive covenant and any required documentation satisfying the requirements described in Section 361.8065, the executive director shall issue a municipal setting designation certificate in accordance with Subsections (a) and (b).
Acts 2003, 78th Leg., ch. 731, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 550 (H.B. 2826), Sec. 4, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.901. Definitions

Sec. 361.901. DEFINITIONS.  In this subchapter:
(1)  "Assessment" means an environmental assessment described by Section 361.904.
(2)  "Brownfield" means real property the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of environmental contamination.
(3)  "Brownfield program" means a county brownfield cleanup and economic redevelopment program described by Section 361.902.
(4)  "Eligible owner" means the owner of a brownfield who demonstrates to the commissioners court of the county in which the brownfield is located that the owner:
(A)  became the owner after the contamination occurred;
(B)  did not contribute to the contamination as an owner responsible for contamination or through association with previous owners responsible for the contamination;
(C)  exercises appropriate care at the brownfield by taking reasonable steps to stop continuing releases, prevent any threatened future releases, and prevent or limit human, environmental, or natural resource exposure to any previously released hazardous substance; and
(D)  complies with local, state, and federal laws with respect to land use and requests for information.
(5)  "Eligible site" means a property or facility that is owned by a county or, if not owned by a county, for which the owner applies to a county for brownfield assistance or certification and a county determines is a brownfield under the county's brownfield program.
(6)  "Licensed professional engineer" means a person licensed as an engineer by the Texas Board of Professional Engineers and Land Surveyors.
(7)  "Remediation" means an action included within the meanings of "remedial action" and "removal," as those terms are defined by Section 361.003.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1232 (H.B. 1523), Sec. 2.08, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.902. County Brownfield Cleanup and Economic Redevelopment Program

Sec. 361.902. COUNTY BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT PROGRAM.  (a)  The commissioners court of a county with a population of 250,000 or more may establish a program for the cleanup and economic redevelopment of brownfields located in the county, as authorized by Section 52-a, Article III, Texas Constitution.
(b)  A brownfield program must include:
(1)  procedures to:
(A)  identify eligible sites;
(B)  conduct assessments;
(C)  prioritize the remediation of eligible sites, with consideration given to:
(i)  the number of jobs related to the remediation; and
(ii)  the resulting economic and environmental benefits to the county;
(D)  conduct the remediation of an eligible site;
(E)  conduct the inspection of a property or facility after remediation; and
(F)  guide eligible owners in applying for county assistance under the program; and
(2)  standards by which the county can determine:
(A)  the eligibility of a person for a grant or loan under the program;
(B)  the eligibility of a person to enter into a contract with the county to perform remediation or inspection; and
(C)  the completeness of the remediation of a property or facility.
(c)  The county shall make available to the public and to the commission a draft of the proposed program at least 60 days before a public hearing to receive comments on the proposed program.
(d)  The county shall review comments received and make amendments to the draft as appropriate before adopting and implementing the program.
(e)  The county shall submit a copy of the final draft of a program adopted under this section to the commission and shall make the final draft available to the public.
(f)  The county may amend a program adopted under this section by applying the procedures described by Subsections (c), (d), and (e) to the proposed amendment.
(g)  The county may assign current or employ additional staff to implement a program adopted under this section.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.903. Brownfield Cleanup and Economic Redevelopment Fund

Sec. 361.903.  BROWNFIELD CLEANUP AND ECONOMIC REDEVELOPMENT FUND.  (a)  The commissioners court of a county may establish a fund for a brownfield program and deposit to the credit of the fund any money the commissioners court considers appropriate, including revenue from property taxes, sales taxes, fees, gifts or grants, principal and interest payments made to repay loans from the fund, proceeds from the issuance of bonds, and contributions of other resources.
(b)  Money from a fund established under this section may be used only to provide for economic growth and development of the county by paying for all or part of:
(1)  the cost of an assessment;
(2)  the cost of remediating a brownfield;
(3)  the cost of inspecting a property or facility after remediation;
(4)  a loan to an eligible owner or licensed professional engineer to conduct assessment, eligible site remediation, or inspection of a property or facility after remediation; or
(5)  administrative expenses associated with implementing the brownfield program.
(c)  For the purposes of the county's brownfield program, a county may solicit and leverage money from other sources, including federal money that may be available for brownfield assessment and eligible site remediation.
(d)  Before a county may issue bonds payable from ad valorem taxes to provide money for a fund, the bond issuance must be approved by a majority of the voters voting on the issue at an election held for that purpose.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.904. Environmental Assessment

Sec. 361.904.  ENVIRONMENTAL ASSESSMENT.  An assessment under this subchapter must include:
(1)  a legal description of the property or facility;
(2)  a description of the physical characteristics of the property or facility;
(3)  the operational history of the property or facility to the extent that history is known by the owner;
(4)  information of which the owner is aware concerning the nature and extent of any relevant contamination or release at the property or facility and immediately contiguous to the property or facility, or wherever the contamination came to be located; and
(5)  relevant information of which the owner is aware concerning the potential for human exposure to contamination at the property or facility.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.905. Tax Abatement Agreement Incentives

Sec. 361.905.  TAX ABATEMENT AGREEMENT INCENTIVES.  Subject to the requirements of Subchapter C, Chapter 312, Tax Code, a county may designate an area of the county that contains a brownfield as a reinvestment zone and enter into a tax abatement agreement based on the remediation of the brownfield with the eligible owner of the brownfield.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.906. Contracts for Site Remediation or Inspection

Sec. 361.906.  CONTRACTS FOR SITE REMEDIATION OR INSPECTION.  (a)  A county may contract with a licensed professional engineer or contractor to:
(1)  conduct remediation for an eligible site owned by the county; or
(2)  inspect a property or facility after remediation to determine whether it meets county standards for completeness of the remediation.
(b)  To be eligible to enter into a contract with a county under this section or to receive a loan under Section 361.907, a licensed professional engineer or contractor at a minimum must provide evidence to the county of previous success in conducting remediation or inspection, as applicable, of at least one brownfield or other property or facility contaminated by a hazardous substance.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.907. Grants and Loans

Sec. 361.907.  GRANTS AND LOANS.  To help finance an assessment, eligible site remediation, or inspection, a county may provide money as a grant or a loan from a county fund established under Section 361.903 to:
(1)  an eligible owner; or
(2)  a licensed professional engineer or contractor who meets the requirements of Section 361.906.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.908. Liaison to Environmental Protection Agency

Sec. 361.908.  LIAISON TO ENVIRONMENTAL PROTECTION AGENCY.  A county that establishes a brownfield program may act as a liaison between an eligible owner, licensed professional engineer, or contractor and the Environmental Protection Agency to assist in obtaining a federal grant for an assessment or eligible site remediation under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. Section 9601 et seq.).
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.909. Liaison to Commission

Sec. 361.909.  LIAISON TO COMMISSION.  A county that establishes a brownfield program may act as a liaison between the commission and an eligible owner, licensed professional engineer, or contractor to assist in obtaining any available commission assistance for an assessment, eligible site remediation, or property or facility inspection after remediation.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.910. Limitations on Liability

Sec. 361.910.  LIMITATIONS ON LIABILITY.  (a)  A person who is an eligible owner, licensed contractor, or licensed professional engineer engaged in an assessment, eligible site remediation, or property or facility inspection after remediation under a program adopted under this subchapter is not liable for damages or costs resulting from a release or threatened release of a hazardous substance that occurs during the assessment, remediation, or inspection unless the person:
(1)  qualified as an eligible owner, licensed professional engineer, or contractor by fraud, misrepresentation, or knowing failure to disclose material information; or
(2)  negligently or knowingly contributed to or caused the release or threatened release.
(b)  The county shall inspect a property or facility after remediation is completed to determine whether the remediation meets county standards for completeness under the brownfield program.  On a finding that the remediation meets the standards, the county shall issue a certificate signifying the satisfactory remediation to the owner of the property or facility and shall file a copy of the certificate in the county property records.  The owner or a subsequent owner of a remediated property or facility is not liable for the costs of any additional assessment or remediation for environmental contamination that occurred before the issuance of the certificate.
(c)  This subchapter does not limit or impair any immunity or defense to liability or suit that may be available to a county under any other provision of law.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.911. Failure to Pass Inspection

Sec. 361.911.  FAILURE TO PASS INSPECTION.  The owner of a property or facility who is denied a certificate under Section 361.910:
(1)  is entitled to receive a detailed description of actions needed for the property or facility to meet county standards; and
(2)  may apply for additional county assistance under the county's brownfield program.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter X. County Programs for Cleanup and Economic Redevelopment of Brownfields › Section 361.912. Commission Assistance

Sec. 361.912.  COMMISSION ASSISTANCE.  The commission may provide:
(1)  educational, advisory, and technical services concerning assessment, remediation, and inspection of brownfields to a county that establishes a brownfield program under this subchapter; and
(2)  assistance to a county in obtaining federal grants for assessment and remediation of brownfields.
Added by Acts 2005, 79th Leg., Ch. 379 (S.B. 1413), Sec. 2, eff. September 1, 2005.
For expiration of this subchapter, see Section 361.966.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.951. Short Title

Sec. 361.951.  SHORT TITLE.  This subchapter may be cited as the Manufacturer Responsibility and Consumer Convenience Computer Equipment Collection and Recovery Act.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.952. Definitions

Sec. 361.952.  DEFINITIONS.  In this subchapter:
(1)  "Brand" means the name, symbol, logo, trademark, or other information that identifies a product rather than the components of the product.
(2)  "Computer equipment" means a desktop or notebook computer and includes a computer monitor or other display device that does not contain a tuner.
(3)  "Consumer" means an individual who uses computer equipment that is purchased primarily for personal or home business use.
(4)  "Manufacturer" means a person:
(A)  who manufactures or manufactured computer equipment under a brand that:
(i)  the person owns or owned; or
(ii)  the person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;
(B)  who sells or sold computer equipment manufactured by others under a brand that:
(i)  the person owns or owned; or
(ii)  the person is or was licensed to use, other than under a license to manufacture computer equipment for delivery exclusively to or at the order of the licensor;
(C)  who manufactures or manufactured computer equipment without affixing a brand;
(D)  who manufactures or manufactured computer equipment to which the person affixes or affixed a brand that:
(i)  the person does not or has not owned; or
(ii)  the person is not or was not licensed to use; or
(E)  who imports or imported computer equipment manufactured outside the United States into the United States unless at the time of importation the company or licensee that sells or sold the computer equipment to the importer has or had assets or a presence in the United States sufficient to be considered the manufacturer.
(5)  "Television" means any telecommunication system device that can broadcast or receive moving pictures and sound over a distance and includes a television tuner or a display device peripheral to a computer that contains a television tuner.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.953. Legislative Findings and Purpose

Sec. 361.953.  LEGISLATIVE FINDINGS AND PURPOSE.  (a)  Computers and related display devices are critical elements to the strength and growth of this state's economic prosperity and quality of life.  Many of those products can be refurbished and reused, and many contain valuable components that can be recycled.
(b)  The purpose of this subchapter is to establish a comprehensive, convenient, and environmentally sound program for the collection, recycling, and reuse of computer equipment that has reached the end of its useful life.  The program is based on individual manufacturer responsibility and shared responsibility among consumers, retailers, and the government of this state.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.954. Applicability

Sec. 361.954.  APPLICABILITY.  (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 do not impose any obligation on an owner or operator of a solid waste facility.
(b)  This subchapter does not apply to:
(1)  a television, any part of a motor vehicle, a personal digital assistant, or a telephone;
(2)  a consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement; or
(3)  the sale or lease of computer equipment to an entity when the manufacturer and the entity enter into a contract that effectively addresses the collection, recycling, and reuse of computer equipment that has reached the end of its useful life.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.956. Retailer Responsibility

Sec. 361.956.  RETAILER RESPONSIBILITY.  (a)  A person who is a retailer of computer equipment may not sell or offer to sell new computer equipment in this state unless the equipment is labeled with the manufacturer's label and the manufacturer is included on the commission's list of manufacturers that have recovery plans.
(b)  Retailers can go to the commission's Internet site as outlined in Section 361.958 and view all manufacturers that are listed as having registered a compliant collection program.  Covered electronic products from manufacturers on that list may be sold in or into the State of Texas.
(c)  A retailer is not required to collect computer equipment for recycling or reuse under this subchapter.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.957. Liability

Sec. 361.957.  LIABILITY.  (a)  A manufacturer or retailer of computer equipment is not liable in any way for information in any form that a consumer leaves on computer equipment that is collected, recycled, or reused under this subchapter.
(b)  This subchapter does not exempt a person from liability under other law.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.958. Commission's Education Responsibilities

Sec. 361.958.  COMMISSION'S EDUCATION RESPONSIBILITIES.  (a)  The commission shall educate consumers regarding the collection, recycling, and reuse of computer equipment.
(b)  The commission shall host or designate another person to host an Internet site providing consumers with information about the recycling and reuse of computer equipment, including best management practices and information about and links to information on:
(1)  manufacturers' collection, recycling, and reuse programs, including manufacturers' recovery plans; and
(2)  computer equipment collection events, collection sites, and community computer equipment recycling and reuse programs.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.959. Enforcement

Sec. 361.959.  ENFORCEMENT.  (a)  The commission may conduct audits and inspections to determine compliance with this subchapter.
(b)  The commission and the attorney general, as appropriate, shall enforce this subchapter and, except as provided by Subsections (d) and (e), take enforcement action against any manufacturer, retailer, or person who recycles or reuses computer equipment for failure to comply with this subchapter.
(c)  The attorney general may file suit under Section 7.032, Water Code, to enjoin an activity related to the sale of computer equipment in violation of this subchapter.
(d)  The commission shall issue a warning notice to a person on the person's first violation of this subchapter.  The person must comply with this subchapter not later than the 60th day after the date the warning notice is issued.
(e)  A retailer who receives a warning notice from the commission that the retailer's inventory violates this subchapter because it includes computer equipment from a manufacturer that has not submitted the recovery plan required by Section 361.955 must bring the inventory into compliance with this subchapter not later than the 60th day after the date the warning notice is issued.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.960. Financial and Proprietary Information

Sec. 361.960.  FINANCIAL AND PROPRIETARY INFORMATION.  Financial or proprietary information submitted to the commission under this subchapter is exempt from public disclosure under Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.961. Annual Report to Legislature

Sec. 361.961.  ANNUAL REPORT TO LEGISLATURE.  The commission shall compile information from manufacturers and issue an electronic report to the committee in each house of the legislature having primary jurisdiction over environmental matters not later than March 1 of each year.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.962. Fees Not Authorized

Sec. 361.962.  FEES NOT AUTHORIZED.  This subchapter does not authorize the commission to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses computer equipment.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.963. Consumer Responsibilities

Sec. 361.963.  CONSUMER RESPONSIBILITIES.  (a)  A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused.
(b)  A consumer is encouraged to learn about recommended methods for recycling and reuse of computer equipment that has reached the end of its useful life by visiting the commission's and manufacturers' Internet sites.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.964. Sound Environmental Management

Sec. 361.964.  SOUND ENVIRONMENTAL MANAGEMENT.  (a)  All computer equipment collected under this subchapter must be recycled or reused in a manner that complies with federal, state, and local law.
(b)  The commission shall adopt as standards for recycling or reuse of computer equipment in this state the standards provided by "Electronics Recycling Operating Practices" as approved by the board of directors of the Institute of Scrap Recycling Industries, Inc., April 25, 2006, or other standards from a comparable nationally recognized organization.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.965. State Procurement Requirements

Sec. 361.965.  STATE PROCUREMENT REQUIREMENTS.  (a)  In this section, "state agency" has the meaning assigned by Section 2052.101, Government Code.
(b)  A person who submits a bid for a contract with a state agency for the purchase or lease of computer equipment must be in compliance with this subchapter.
(c)  A state agency that purchases or leases computer equipment shall require each prospective bidder to certify the bidder's compliance with this subchapter.  Failure to provide that certification renders the prospective bidder ineligible to participate in the bidding.
(d)  In considering bids for a contract for computer equipment, in addition to any other preferences provided under other laws of this state, the state shall give special preference to a manufacturer that has a program to recycle the computer equipment of other manufacturers, including collection events and manufacturer initiatives to accept computer equipment labeled with another manufacturer's brand.
(e)  The comptroller and the Department of Information Resources shall adopt rules to implement this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1071 (H.B. 1524), Sec. 122, eff. September 1, 2019.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Y. Computer Equipment Recycling Program › Section 361.966. Federal Preemption; Expiration

Sec. 361.966.  FEDERAL PREEMPTION; EXPIRATION.  (a)  If federal law establishes a national program for the collection and recycling of computer equipment and the commission determines that the federal law substantially meets the purposes of this subchapter, the commission may adopt an agency statement that interprets the federal law as preemptive of this subchapter.
(b)  This subchapter expires on the date the commission issues a statement under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
Text of subchapter effective until the date the Texas Commission on Environmental Quality issues a statement under Section 361.992.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.971. Definitions

Sec. 361.971.  DEFINITIONS.  In this subchapter:
(1)  "Brand" has the meaning assigned by Section 361.952.
(2)  "Consumer" means an individual who uses covered television equipment that is purchased primarily for personal or home business use.
(3)  "Covered television equipment" means the following equipment marketed to and intended for consumers:
(A)  a direct view or projection television with a viewable screen of nine inches or larger whose display technology is based on cathode ray tube, plasma, liquid crystal, digital light processing, liquid crystal on silicon, silicon crystal reflective display, light-emitting diode, or similar technology; or
(B)  a display device that is peripheral to a computer that contains a television tuner.
(4)  "Market share allocation" means the quantity of covered television equipment, by weight, that an individual television manufacturer submitting a recovery plan under Section 361.978 is responsible for collecting, reusing, and recycling, as computed by the commission under Section 361.984(g).
(5)  "Recycling" means any process by which equipment that would otherwise become solid waste or hazardous waste is collected, separated, and refurbished for reuse or processed to be returned to use in the form of raw material or products.  The term does not include incineration.
(6)  "Retailer" means a person who owns or operates a business that sells new covered television equipment by any means directly to a consumer.  The term does not include a person who, in the ordinary course of business, regularly leases, offers to lease, or arranges for leasing of merchandise under a rental-purchase agreement.
(7)  "Television" means an electronic device that contains a tuner that locks onto a selected carrier frequency and is capable of receiving and displaying video programming from a broadcast, cable, or satellite source.
(8)  "Television manufacturer" means a person that:
(A)  manufactures covered television equipment under a brand the person owns or is licensed to use;
(B)  manufactures covered television equipment without affixing a brand;
(C)  resells covered television equipment produced by other suppliers under a brand the person owns or is licensed to use;
(D)  manufactures covered television equipment, supplies it to any person within a distribution network that includes a wholesaler or retailer, and benefits from the sale of the covered television equipment through that distribution network; or
(E)  assumes the responsibilities of a television manufacturer under this subchapter.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.972. Legislative Findings and Purpose

Sec. 361.972.  LEGISLATIVE FINDINGS AND PURPOSE.  The purpose of this subchapter is to establish a comprehensive, convenient, and environmentally sound program for the collection and recycling of television equipment.  The program is based on individual television manufacturer responsibility and shared responsibility among consumers, retailers, and the government of this state.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.973. Applicability

Sec. 361.973.  APPLICABILITY.  (a)  Except as provided by this section and Section 361.991, 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.
(b)  This subchapter does not apply to:
(1)  computer equipment as that term is defined by Section 361.952;
(2)  a manufacturer of a display device that is peripheral to a computer and contains a television tuner, if that manufacturer collects and recycles the device in accordance with Subchapter Y;
(3)  any part of a motor vehicle, including a replacement part;
(4)  a device that is functionally or physically part of or connected to another system or piece of equipment:
(A)  designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including diagnostic monitoring or control equipment; or
(B)  used for security, sensing, monitoring, antiterrorism, or emergency services purposes;
(5)  a device that is contained in exercise equipment intended for home use or an appliance intended for home use including a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, and air purifier;
(6)  a telephone of any type;
(7)  a personal digital assistant;
(8)  a global positioning system;
(9)  a consumer's lease of covered television equipment or a consumer's use of covered television equipment under a lease agreement; or
(10)  the sale or lease of covered television equipment to an entity when the television manufacturer and the entity enter into a contract that effectively addresses the recycling of equipment that has reached the end of its useful life.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.974. Sales Prohibition

Sec. 361.974.  SALES PROHIBITION.  A person may not offer for sale in this state new covered television equipment unless the equipment has been labeled in compliance with Section 361.975.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.975. Manufacturer's Labeling Requirement

Sec. 361.975.  MANUFACTURER'S LABELING REQUIREMENT.  A television manufacturer may sell or offer for sale in this state only covered television equipment that is labeled with the television manufacturer's brand.  The label must be permanently affixed and readily visible.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Health and Safety Code › Title 5 - Sanitation and Environmental Quality › Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water › Chapter 361 - Solid Waste Disposal Act › Subchapter Z. Television Equipment Recycling Program › Section 361.976. Manufacturers' Registration and Reporting

Sec. 361.976.  MANUFACTURERS' REGISTRATION AND REPORTING.  (a)  A television manufacturer of covered television equipment shall register with the commission and, except as provided by Section 361.979, pay a registration fee of $2,500.  A registered television manufacturer shall renew the registration and, except as provided by Section 361.979, pay the fee on or before January 31 of each year.  The registration or registration renewal must include:
(1)  a list of all brands the television manufacturer uses in this state on covered television equipment regardless of whether the television manufacturer owns or is licensed to use the brand; and
(2)  contact information for the person the commission may contact regarding the television manufacturer's activities to comply with this subchapter.
(b)  Except as provided by Section 361.979, not later than January 31 of each year, each registered television manufacturer of covered television equipment shall report to the commission:
(1)  the total weight of covered television equipment for which the television manufacturer is responsible that was sold in this state during the preceding calendar year or, if the manufacturer does not track the weight of covered television equipment it sells by state, the television manufacturer may report the total amount of covered television equipment the television manufacturer sold nationally in the preceding calendar year; and
(2)  the total weight of covered television equipment the television manufacturer collected and recycled in this state during the preceding calendar year.
(c)  Fees collected under this section shall be deposited to the credit of the television recycling account created under Section 361.977.
Added by Acts 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.