SECTION 328.141. Consumer Responsibilities and Commission Responsibilities

(a) A consumer is responsible for any information in any form left on the consumer's computer equipment that is collected, recycled, or reused.

(b) A consumer is encouraged to learn about recommended methods for recycling and reuse of used computer equipment by visiting the commission's and manufacturers' Internet sites.

(c) The commission shall educate consumers regarding the collection, recycling, and reuse of computer equipment.

(d) The commission shall host or designate another person to host an Internet site providing consumers with information about the recycling and reuse of computer equipment, including best management practices and information about, and links to, information on:

(1) manufacturers' collection, recycling, and reuse programs, including manufacturers' recovery plans; and

(2) computer equipment collection events, collection sites, and community computer equipment recycling and reuse programs.

(e) The commission shall enforce this subchapter per §328.143 of this title (relating to Enforcement).

(f) The commission shall compile information from manufacturers and issue an electronic report to the committee in each house of the legislature having primary jurisdiction over environmental matters not later than March 1 of each year, starting in 2011.

(g) The following list does not constitute a determination by the commission that the manufacturer's collection program and actual practices are in compliance with this subchapter or other law. The commission shall maintain an online list of manufacturers that:

(1) have recovery plans that comply with §328.137(b) of this title (relating to Manufacturer Responsibilities); and

(2) have notified the commission that they have a compliant collection program.

(h) This subchapter does not authorize the commission to impose a fee, including a recycling fee or registration fee, on a consumer, manufacturer, retailer, or person who recycles or reuses computer equipment.

Source Note: The provisions of this §328.141 adopted to be effective June 12, 2008, 33 TexReg 4506