|(a) This section does not apply to a television manufacturer.
(b) A person who is engaged in the business of recycling
covered television equipment in this state shall:
(1) Register with the commission and certify, as follows,
that the person is in compliance with the standards adopted under §328.193
of this title (relating to Management of Collected Television Equipment).
(A) All certifications shall be signed as follows:
(i) For a corporation, the application shall be signed
by a responsible corporate officer. For purposes of this clause, a
responsible corporate officer means a president, secretary, treasurer,
or vice-president of the corporation in charge of a principal business
function, or any other person who performs similar policy or decision-making
functions for the corporation; or the manager of one or more manufacturing,
production, or operating facilities employing more than 250 persons
or having gross annual sales or expenditures exceeding $25 million
(in second-quarter 1980 dollars), if authority to sign documents has
been assigned or delegated to the manager in accordance with corporate
procedures. Corporate procedures governing authority to sign certifications
may provide for assignment or delegation to applicable corporate positions
rather than to specific individuals.
(ii) For a partnership or sole proprietorship, the
certification shall be signed by a general partner or the proprietor,
(iii) For a municipality, state, federal, or other
public agency, the certification shall be signed by either a principal
executive officer or a ranking elected official. For purposes of this
clause, a principal executive officer of a federal agency includes
the chief executive officer of the agency, or a senior executive officer
having responsibility for the overall operations of a principal geographic
unit of the agency (e.g., regional administrator of the United States
Environmental Protection Agency).
(B) A person signing the certification shall make the
following certification: "I certify that (insert name of person who
is engaged in the business of recycling covered television equipment
in this state) is in compliance with the standards adopted under Title
30 of the Texas Administrative Code §328.193 (relating to Management
of Collected Television Equipment). I certify under penalty of law
that this document and any attachments were prepared under my direction
or supervision in accordance with a system designed to assure that
qualified personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information,
the information submitted is, to the best of my knowledge and belief,
true, accurate, and complete. I am aware there are significant penalties
for submitting false information, including the possibility of fine
and imprisonment for knowing violations."
(C) All certifications shall be signed by a person
described in subparagraph (A) of this paragraph or by a duly authorized
representative of that person. A person is a duly authorized representative
(i) the authorization is made in writing by a person
described in subparagraph (A) of this paragraph;
(ii) the authorization specifies either an individual
or a position having responsibility for the overall operation of the
regulated facility or activity or for environmental matters for the
applicant, such as the position of plant manager, operator, environmental
manager, or a position of equivalent responsibility. (A duly authorized
representative may be either a named individual or any individual
occupying a named position); and
(iii) the written authorization is submitted to the
(D) If an authorization under this section is no longer
accurate because of a change in individuals or position, a new authorization
satisfying the requirements of this section must be submitted to the
executive director prior to or together with any certifications to
be signed by an authorized representative.
(2) On or before January 31 of each year renew the
registration with the commission and certify, per paragraph (1) of
this subsection, the person's continued compliance with §328.193
of this title.
(3) Recycle all covered television equipment accepted
for recycling in accordance with §328.193 of this title.
(4) Maintain a written log recording the weight or
volume of all covered television equipment received by the person
and the disposition of that equipment.
(5) Annually report to the commission by January 31
the total weight or volume of covered television equipment received,
recycled, and disposed of by the person in the preceding calendar