Sec. 361.959. ENFORCEMENT. (a) The commission may conduct audits and inspections to determine compliance with this subchapter.
(b) The commission and the attorney general, as appropriate, shall enforce this subchapter and, except as provided by Subsections (d) and (e), take enforcement action against any manufacturer, retailer, or person who recycles or reuses computer equipment for failure to comply with this subchapter.
(c) The attorney general may file suit under Section 7.032, Water Code, to enjoin an activity related to the sale of computer equipment in violation of this subchapter.
(d) The commission shall issue a warning notice to a person on the person's first violation of this subchapter. The person must comply with this subchapter not later than the 60th day after the date the warning notice is issued.
(e) A retailer who receives a warning notice from the commission that the retailer's inventory violates this subchapter because it includes computer equipment from a manufacturer that has not submitted the recovery plan required by Section 361.955 must bring the inventory into compliance with this subchapter not later than the 60th day after the date the warning notice is issued.
Added by Acts 2007, 80th Leg., R.S., Ch. 902 (H.B. 2714), Sec. 1, eff. September 1, 2007.
Structure Texas Statutes
Title 5 - Sanitation and Environmental Quality
Subtitle B - Solid Waste, Toxic Chemicals, Sewage, Litter, and Water
Chapter 361 - Solid Waste Disposal Act
Subchapter Y. Computer Equipment Recycling Program
Section 361.953. Legislative Findings and Purpose
Section 361.954. Applicability
Section 361.955. Manufacturer Responsibilities
Section 361.956. Retailer Responsibility
Section 361.958. Commission's Education Responsibilities
Section 361.960. Financial and Proprietary Information
Section 361.961. Annual Report to Legislature
Section 361.962. Fees Not Authorized
Section 361.963. Consumer Responsibilities
Section 361.964. Sound Environmental Management