relating to land development, waste management, and the creation of
special districts in counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Section 791.037, Government Code,
is amended to read as follows:
Sec. 791.037. SOLID WASTE DISPOSAL SERVICES [IN CERTAIN
COUNTIES].
SECTION 2. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1121 to read as follows:
Sec.361.1121.MARKING USED OR SCRAP TIRES IN CERTAIN
COUNTIES. (a) In this section:
(1)"Generator" includes a fleet operator, a tire
recapper or retreader, or a retailer, wholesaler, or manufacturer
of whole new or used tires. The term does not include a scrap tire
energy recovery facility or a scrap tire recycling facility.
(2)"Retailer" means a person who is engaged in the
business of selling or otherwise placing tires in the stream of
commerce for use on a vehicle, trailer, or piece of equipment.
(3)"Scrap tire" has the meaning assigned by Section
361.112. The term does not include a tire:
(A) in or on a vehicle that:
(i) has been crushed; or
(ii)is being transported to a registered
metal recycling entity or a licensed used automotive parts
recycler; or
(B)that is mounted on a metal wheel that is
intended to be recycled.
(4) "Used tire" means a tire that:
(A)has been used as a tire on a vehicle, trailer,
or piece of equipment;
(B)has tire tread at least one-sixteenth inch
deep;
(C)can still be used for its original intended
purpose; and
(D)meets the visual and tread depth requirements
for used tires established by the Department of Public Safety.
(b)This section applies only to a county with a population
of 150,000 or less.
(c)The commissioners court of a county to which this
section applies may establish and enforce a program requiring a
generator to mark used or scrap tires handled by the generator.
(d) A program established under this section must:
(1)assign to each generator a unique identifying mark
required to be affixed to or imprinted on each scrap or used tire
taken possession of or produced by the generator;
(2)allow a customer to retain a scrap or used tire
removed from the customer's vehicle during the purchase of a tire
from a retailer;
(3)require a retailer whose customer retains a scrap
or used tire to keep a record of the customer's retention; and
(4)include a system to inspect generators for
compliance.
SECTION 3. Section 364.011(a-2), Health and Safety Code, is
amended to read as follows:
(a-2) Notwithstanding Subsection (a), a commissioners court
may, through a competitive bidding process, contract for the
provision of solid waste collection, handling, storage, and
disposal in an area of the county located within the
extraterritorial jurisdiction of a municipality if[:
[(1)] the municipality does not provide solid waste
disposal seStatutes affected: Introduced: Government Code 791.037, Health and Safety Code 364.034, Health and Safety Code 364.0345, Local Government Code 16.343, The Local Government Code 364.034, Water Code 7.107 (Health and Safety Code 364, Water Code 7, Government Code 791, The Local Government Code 364, Local Government Code 16)