88R12113 MP-D     By: Gerdes H.B. No. 3352       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, an   automotive dismantler, 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, 2023.