Sec. 361.985. ENFORCEMENT. (a) The commission may conduct audits and inspections to ensure compliance with this subchapter and rules adopted under 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 a television manufacturer, a retailer, or a person who recycles covered television equipment.
(c) The executive director or the attorney general may institute a suit under Section 7.032, Water Code, to enjoin an activity related to the sale of covered television 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 covered television equipment from a television manufacturer that is not in compliance with this subchapter 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 2011, 82nd Leg., R.S., Ch. 605 (S.B. 329), Sec. 1, eff. September 1, 2011.
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 Z. Television Equipment Recycling Program
Section 361.972. Legislative Findings and Purpose
Section 361.973. Applicability
Section 361.974. Sales Prohibition
Section 361.975. Manufacturer's Labeling Requirement
Section 361.976. Manufacturers' Registration and Reporting
Section 361.977. Television Recycling Account
Section 361.978. Manufacturer's Recovery Plan and Related Responsibilities
Section 361.979. Manufacturer Recycling Leadership Program
Section 361.980. Recycling Leadership Program Collection Report
Section 361.981. Retailer Responsibility
Section 361.982. Recycler Responsibilities
Section 361.984. Commission Responsibilities
Section 361.986. Financial and Proprietary Information
Section 361.987. Biennial Report to Legislature
Section 361.989. Consumer Responsibilities
Section 361.990. Management of Collected Television Equipment