small counties can make tire businesses mark used tires

The text as introduced · 412 words

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.