State Specific Policy Resources- Texas

Texas Health and Safety Code, Ch. 361, Subch. C., § 361.0961. Restrictions on authority of local government or other political subdivision (ReMA note: includes prohibiting or restricting the sale or use of a container or package in a manner not authorized by state law, or assessing a fee or deposit on the sale or use of a container or package. The Texas Supreme Court ruled in City of Laredo, Texas v. Laredo Merchants Ass'n that this preempted a Laredo ordinance banning plastic or paper carryout bags).

Computer Recycling Law - Texas Health and Safety Code Title 5, Subtitle B, Ch. 361, Subch. Y; § 361.951 to § 361.966
Television Recycling Law - Texas Health and Safety Code Title 5, Subtitle B, Ch. 361, Subch. Z; § 361.971 to § 361.992
TX Commission on Environmental Quality

Electronics Recycling general information page
Electronics Recycling: Compliance Resources

Returnable Containers: Texas Business & Commerce Code, Title 6, Ch. 204. Sale of Returnable Container; § 204.001 to § 204.005
Metals Theft Law (as amended by 2023 Texas SB 224; effective May 29, 2023)

Texas Occupations Code
- Title 12, Subtitle B, Ch. 1956. Metal Recycling Entities; § 1956.001 to § 1956.204
- Title 14, Subtitle A, Ch. 2305. Records of Certain Vehicle Repairs, Sales, and Purchases (ReMA note: catalytic converter record requirements for repair shops)

Texas Government Code Ch. 411. Department of Public Safety of the State of Texas
- Subch. O. Prevention of Scrap Metal Theft Grant Program; § 411.421 to § 411.422.
- Subch. Q. Powers and Duties Related to Certain Regulatory Programs; § 411.501 to § 411.512
- Subch. R. Administrative Penalty; § 411.521 to § 411.533
Texas Penal Code
- Title 7. Offenses Against Property
  - Ch. 28, § 28.03. Criminal mischief
  - Ch. 31. Theft
    - § 31.03. Theft
    - § 31.21 Unauthorized possession of catalytic converter
- Title 11, Ch. 71, § 71.02. Engaging in organized criminal activity
Texas Transportation Code Title 7, Subtitle M, Ch. 1006. Motor Vehicle Crime Prevention Authority
Texas Administrative Code Title 37, Part 1, Ch. 36. Metals Recycling Entities
Texas Department of Public Safety - Texas Metals Program
ReMA Summary of Texas Metal Scrap Statute (August 30, 2023)

Texas Local Government Code, Title 7, Subtitle B, Ch. 234, Subch. A. Certain Outdoor Businesses; § 234.001 to § 234.004 (ReMA Note: includes "automotive wrecking and salvage yard", "demolition business", "junkyard", and "recycling business")
Texas Transportation Code, Title 6, Subtitle H. Highway Beautification

Chapter 391. Highway Beautification on Interstate and Primary Systems and Certain Roads

Subch. A, § 391.001. Definitions
Subchapter E. Regulation of Junkyards and Automobile Graveyards; § 391.121 to § 391.127

Chapter 396. Automobile Wrecking and Salvage Yards
Chapter 397. Automobile Wrecking and Salvage Yards in Certain Counties

2019 Texas SB 649 requires TCEQ to produce a Market Development Plan to stimulate use of recyclable materials as feedstock in processing and manufacturing. The plan must ascertain current in-state recycling capacity and identify barriers to growth. The plan also would outline a state strategy to reduce or eliminate these barriers, to encourage manufacturers to increase their use of recyclable feedstock, and to incentivize prospective manufactures to locate in Texas and create Texas jobs.

Texas Health and Safety Code Title 5, Subtitle B, Ch. 361. Solid Waste Disposal Act

§ 361.001 to § 361.039
§ 361.181 to § 361.405

2019 Texas HB 3224 requires the Texas Commission on Environmental Quality to conduct a study, in consultation with industry stakeholders, on the potential impacts of creating a defense to liability for persons who arrange for recycling of recyclable material and would be exempt under SREA, and to report their findings and recommendations to the legislature by Jan. 15, 2021.

Texas CEQ - Stormwater Multi-Sector General Permit for Industrial Facilities Information
Permit Number TXR050000 - Stormwater associated with industrial activity
Issued: 07/13/16; Effective: 08/14/16; Expires: 08/13/21
STEERS - Texas Environmental Electronic Reporting System (effective 09/01/17, forms must be submitted through STEERS, or call the TCEQ at 512-239-3700 to obtain hardcopies)

Texas Government Code Title 10, Subtitle D. State Purchasing and General Services

Ch. 2155, Subch. H, § 2155.443. Preference for rubberized asphalt paving. (ReMA note: state purchasing preferences) (as amended by 2019 Texas HB 1524)
Ch. 2175, Subch. F, § 2175.303. Exception for certain products. (ReMA note: Surplus and Salvage Property chapter; exempts certain recyclable materials, including used tires, from the chapter when the disposition is not in the best interest of the state or economically feasible)

Texas Health and Safety Code Title 5. Sanitation and Environmental Quality

Subtitle A. Sanitation

Ch. 341, Subch. B, § 341.013. Garbage, refuse, and other waste. (ReMA note: bans disposal of waste, including used tires, in a manner that may cause the pollution of the surrounding land, contamination of water, or breeding of insects or rodents)
Ch. 343, Subch. B, § 343.011. Public nuisance. (ReMA note: requirements for keeping, storing, or accumulating rubbish, including tires)

Subtitle B. Solid Waste, Toxic Chemicals, Sewage, Litter, and Water

Ch. 361. Solid Waste Disposal Act

Subch. A. § 361.003. Definitions. (ReMA note: "rubbish" includes combustible waste materials, including rubber)
Subch. B. Powers and Duties of Commission

§ 361.013. Solid waste disposal and transportation fees. (ReMA note: conditions for no fee for scrap tires)
§ 361.014. Use of solid waste fee revenue. (ReMA note: includes cleanup of unauthorized tire dumps, also disposition of tire transporter fees)

Subch. C. Permits

§ 361.112. Storage, transportation, and disposal of used or scrap tires.
§ 361.1125. Immediate remediation or removal of hazardous substance at scrap tire site.
§ 361.124. Allowed wastes and exemptions for certain small municipal solid waste landfills in arid areas. (ReMA note: "construction or demolition waste" includes rubber)

Subch. D, § 361.133. Hazardous and solid waste remediation fee account. (ReMA note: includes use to clean up a waste tire recycling facility)
Subch. N, § 361.423. Recycling Market Development Implementation Program.

Ch. 363, Subch. C, § 363.041. Composition of Advisory Council. (ReMA note: includes a registered waste tire processor)
Ch. 365, Subch. B, § 365.011. Definitions. (ReMA note: Litter Abatement Act, "litter" includes rubber and tires)
Ch. 368, Subch. B. § 368.011. Definitions. (ReMA note: Regulation and licensing of waste haulers; "waste" includes rubber)

Texas Local Government Code Title 8, Subtitle B, Ch. 262, Subch. A, § 262.002. Authority to purchase road equipment and tires through comptroller.
Texas Occupations Code

Title 12, Subtitle B. Practices Related to Health and Safety

Ch. 1954, Subch. C, § 1954.104. Resilient floor-covering material. (ReMA note: asbestos licensing; "resilient floor-covering material" includes rubber tile)
Ch. 1956, Subch. C, § 1956.103. Restrictions on transfer of certain property. (ReMA note: metal recycling entities, bans transferring a vehicle or scrapped vehicle that includes, contains, or encloses a tire or scrap tire to a MRE)

Title 14, Subtitle A. Regulations Related to Motor Vehicles

Ch. 2302, Subch. F. § 2302.251. Definitions. (ReMA note: salvage vehicle dealer duties for component parts; "special accessory part" includes tires)
Ch. 2309, Subch. H, § 2309.351. Definitions (ReMA note: used automotive parts recycler duties for component parts; "special accessory part" includes tires)

Texas Transportation Code

Title 6. Roadways

Subtitle B, Ch. 223, Subch. B, § 223.047. Preference for rubberized asphalt paving made from scrap tires.
Subtitle H, Ch. 396, Subch. A, § 396.001. Definitions. (ReMA note: Screening / zoning requirements; "junk" includes tires)

Title 7. Vehicles and Traffic

Subtitle C. Rules of the Road

Ch. 541, Subch. C, § 541.203. Equipment. (ReMA note: definitions for "metal tire" and "solid tire")
Ch. 547, Subch. K, § 547.612. Restrictions on use and sale of tires.

Subtitle F, Ch. 647, § 647.012. Required vehicle equipment; use of required equipment. (ReMA note: motor carrier requirements for transportation of migrant agricultural workers; includes tire standards)
Subtitle J, Ch. 727. Modification of, Tampering with, and Equipment of Motor Vehicles.

§ 727.003. Tire equipment of motor vehicle, trailer, or tractor; offense.
§ 727.004. Rim or tire width; offense.

Texas Tax Code Title 2, Subtitle E, Ch. 151, Subch. H, § 151.316. Agricultural items. (ReMA note: exempts tires and other component parts of agricultural equipment from Ch. 151: Limited Sales, Excise, and Use Tax)
Texas Water Code Title 2, Subtitle A, Ch. 7. Enforcement

Subch. E, § 7.187. Penalties. (ReMA note: penalties for burning involving items containing natural or synthetic rubber)
Subch. G, § 7.304. Suspension of registration or reimbursement payment issued under waste tire recycling program.

Texas Health And Safety Code, Title 5. Sanitation and Environmental Quality

Subtitle B, Ch. 375. Removal of Convenience Switches; § 375.001 to § 375.152 (ReMA Note: mercury switches)
Subtitle C. Ch. 382, Subch. G, § 382.213. Disposition of Retired Vehicle. (ReMA Note: applies to § 382.209. Low-Income Vehicle Repair Assistance, Retrofit, And Accelerated Vehicle Retirement Program; vehicle must be destroyed, recycled, dismantled, stored for such, or repaired. Includes rules for dismantler.)

Texas Occupations Code, Title 12, Subtitle B, Ch. 1956, Subch. C. Restrictions on Sale of Certain Items to Metal Recycling Entities; § 1956.101 to § 1956.105
Texas Occupations Code, Title 14, Subtitle A. Regulations Related To Motor Vehicles

Chapter 2302. Salvage Vehicle Dealers; § 2302.001 to § 2302.354 (as amended by 2019 Texas HB 1667 and 2019 Texas SB 604)
Chapter 2303. Vehicle Storage Facilities

Subch. A. General Provisions

§ 2303.002. Definitions.
§ 2303.003. Exemptions.

Subch. D. Practice by License Holder

§ 2303.152. Notice by Publication.
§ 2303.154. Second Notice; Consent to Sale.
§ 2303.1545. Disposition of Abandoned Nuisance Vehicle.
§ 2303.157. Disposal of Certain Abandoned Vehicles.

Chapter 2305. Records of Certain Vehicle Repairs, Sales, And Purchases (ReMA Note: applies to purchasing used motor vehicles)
Chapter 2309. Used Automotive Parts Recyclers (as amended by 2019 Texas HB 2847)

Texas Penal Code, Title 7, Ch. 31, § 31.03. Theft. (ReMA Note: § 31.03.(c)(6) specifically covers purchase of vehicles for scrap)
Texas Property Code, Title 5, Subtitle B. Liens

Ch. 54, Subch. Z, § 54.901. Disposal of Certain Motor Vehicles Subject to Lien
Ch. 59, SubCh. C, § 59.0445. Notice to Owner and Lienholders
Ch. 70, SubCh. A, § 70.006. Sale or Disposal of Motor Vehicle, Motorboat, Vessel, or Outboard Motor

Texas Transportation Code, Title 7. Vehicles and Traffic

Subtitle A, Ch. 501, Subchapter E. Nonrepairable and Salvage Motor Vehicles; § 501.091 to § 501.110 (as amended by 2019 Texas HB 2310)
Subtitle H, Chapter 683. Abandoned Motor Vehicles

Subchapter A. General Provisions; § 683.001 to § 683.003
Subch. B, § 683.014. Auction or Use of Abandoned Items; Waiver of Rights.
Subch. C, § 683.034. Disposal of Vehicle Abandoned in Storage Facility.
Subchapter D. Demolition of Motor Vehicles; § 683.051 to § 683.057)
Subch. E. Junked Vehicles: Public Nuisance; Abatement

§ 683.071. Definition and Applicability.
§ 683.078. Junked Vehicle Disposal.

Texas Water Code, Title 2, Subtitle A, Ch. 7, Subch. E, § 7.176. Violations Related to Handling of Used Oil. (ReMA Note: includes exemption for oil disposed as an unavoidable result of the dismantling or mechanical shredding of motor vehicles, appliances, or other items of scrap, used, or obsolete metals)

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