SECTION 328.133. Applicability and Effective Date

(a) The collection, recycling, and reuse provisions of this subchapter:

(1) apply exclusively to computer equipment used by an individual primarily for personal or home business use and returned to the manufacturer by a consumer in this state; and

(2) do not impose any obligation on an owner or operator of a solid waste facility.

(b) This subchapter does not apply to:

(1) a television, any part of a motor vehicle, a personal digital assistant, or a telephone; or

(2) a consumer's lease of computer equipment or a consumer's use of computer equipment under a lease agreement.

(c) This subchapter applies to the following persons, as defined in §328.135 of this title (relating to Definitions):

(1) manufacturers;

(2) retailers;

(3) consumers; and

(4) recyclers.

(d) The effective date of the enforcement provisions of §328.143(d) or (e) of this title (relating to Enforcement) and of the penalty provisions of §328.153 of this title (relating to Amount of Penalties) and §328.155 of this title (relating to Disposition of Penalty) is September 1, 2008.

(e) Facilities involved, under this subchapter or otherwise, in the collection of used computer equipment for recycling or the recycling of used computer equipment must be in compliance with the following as applicable:

(1) §330.11(e)(2) of this title (relating to Notification Required);

(2) §335.6 of this title (relating to Notification Requirements);

(3) Subchapter A of this chapter (relating to Purpose and General Information); and

(4) §328.149 of this title (relating to Sound Environmental Management).

Source Note: The provisions of this §328.133 adopted to be effective June 12, 2008, 33 TexReg 4506