(a) Except as provided by this section and Texas Health
and Safety Code, §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 §328.135
of this title (relating to Definitions);
(2) a display device that is peripheral to a computer
and contains a television tuner, if that device is collected and recycled
by its manufacturer in accordance with Subchapter I of this chapter
(relating to Computer Equipment Recycling Program);
(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.
(c) This subchapter may not be enforced until July
1, 2012.
(d) A registration and, except as provided by §328.175
of this title (relating to Manufacturer Recycling Leadership Program),
registration fee required by §328.171(a)(2) of this title (relating
to Manufacturer's Registration and Reporting) is required to be submitted
for the first time by January 31, 2013. A report required by §328.171(d)
of this title is required to be submitted for the first time by January
31, 2014.
(e) A recovery plan required by §328.173(b) of
this title (relating to Manufacturer's Recovery Plan and Related Responsibilities)
is required to be submitted for the first time by January 31, 2013.
(f) Documentation required by §328.175(g) of this
title is required to be submitted for the first time by January 31,
2013.
(g) A collection report required by §328.177(a)
of this title (relating to Recycling Leadership Program Collection
Report) is required to be submitted for the first time by January
31, 2015.
(h) A retailer of covered television equipment is not
required to provide the information required by §328.179(b) of
this title (relating to Retailer Responsibilities) until July 1, 2012.
(i) Notwithstanding §328.179 of this title, a
retailer of television equipment may sell television equipment inventory
that the retailer acquired before April 1, 2013 without incurring
a penalty.
(j) A registration required by §328.181(b) of
this title (relating to Recycler Responsibilities) is required to
be submitted for the first time by January 31, 2013. A recycler is
required to submit the report required by §328.181(b)(5) of this
title for the first time by January 31, 2014.
(k) The commission shall prepare and post the list
required by §328.185(a) of this title (relating to Commission
Responsibilities) for the first time by April 1, 2013.
(l) The commission shall establish the state recycling
rate, in accordance with §328.185(f) of this title, for the first
time by November 1, 2013.
(m) The commission shall provide applicable television
manufacturers the television manufacturer's market share allocation,
in accordance with §328.185(g) of this title, for the first time
by December 1, 2013.
(n) The commission shall prepare and submit the report
required by §328.185(j) of this title, for the first time by
March 1, 2014.
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