HB5087 - Relating to the regulation of used and scrap tires by certain counties.

  89R10546 CMO-D     By: Gerdes H.B. No. 5087       A BILL TO BE ENTITLED   AN ACT   relating to the regulation of used and scrap tires by certain   counties.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  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 2.  This Act takes effect September 1, 2025.