Section 328.163 - Applicability and Effective Dates(a) Except as provided by this section and Texas Health and Safety Code, § 361.991, this subchapter applies only to covered television equipment that is: (1) offered for sale or sold to a consumer in this state; or(2) used by a consumer in this state and returned for recycling.(b) This subchapter does not apply to: (1) computer equipment as that term is defined by § 328.135 of this title (relating to Definitions);(2) a display device that is peripheral to a computer and contains a television tuner, if that device is collected and recycled by its manufacturer in accordance with Subchapter I of this chapter (relating to Computer Equipment Recycling Program);(3) any part of a motor vehicle, including a replacement part;(4) a device that is functionally or physically part of or connected to another system or piece of equipment: (A) designed and intended for use in an industrial, governmental, commercial, research and development, or medical setting, including diagnostic monitoring or control equipment; or(B) used for security, sensing, monitoring, antiterrorism, or emergency services purposes;(5) a device that is contained in exercise equipment intended for home use or an appliance intended for home use, including a clothes washer, clothes dryer, refrigerator, refrigerator and freezer, microwave oven, conventional oven or range, dishwasher, room air conditioner, dehumidifier, and air purifier;(6) a telephone of any type;(7) a personal digital assistant;(8) a global positioning system;(9) a consumer's lease of covered television equipment or a consumer's use of covered television equipment under a lease agreement; or(10) the sale or lease of covered television equipment to an entity when the television manufacturer and the entity enter into a contract that effectively addresses the recycling of equipment that has reached the end of its useful life.(c) This subchapter may not be enforced until July 1, 2012.(d) A registration and, except as provided by § 328.175 of this title (relating to Manufacturer Recycling Leadership Program), registration fee required by § 328.171(a)(2) of this title (relating to Manufacturer's Registration and Reporting) is required to be submitted for the first time by January 31, 2013. A report required by § 328.171(d) of this title is required to be submitted for the first time by January 31, 2014.(e) A recovery plan required by § 328.173(b) of this title (relating to Manufacturer's Recovery Plan and Related Responsibilities) is required to be submitted for the first time by January 31, 2013.(f) Documentation required by § 328.175(g) of this title is required to be submitted for the first time by January 31, 2013.(g) A collection report required by § 328.177(a) of this title (relating to Recycling Leadership Program Collection Report) is required to be submitted for the first time by January 31, 2015.(h) A retailer of covered television equipment is not required to provide the information required by § 328.179(b) of this title (relating to Retailer Responsibilities) until July 1, 2012.(i) Notwithstanding § 328.179 of this title, a retailer of television equipment may sell television equipment inventory that the retailer acquired before April 1, 2013 without incurring a penalty.(j) A registration required by § 328.181(b) of this title (relating to Recycler Responsibilities) is required to be submitted for the first time by January 31, 2013. A recycler is required to submit the report required by § 328.181(b)(5) of this title for the first time by January 31, 2014.(k) The commission shall prepare and post the list required by § 328.185(a) of this title (relating to Commission Responsibilities) for the first time by April 1, 2013.(l) The commission shall establish the state recycling rate, in accordance with § 328.185(f) of this title, for the first time by November 1, 2013.(m) The commission shall provide applicable television manufacturers the television manufacturer's market share allocation, in accordance with § 328.185(g) of this title, for the first time by December 1, 2013.(n) The commission shall prepare and submit the report required by § 328.185(j) of this title, for the first time by March 1, 2014.30 Tex. Admin. Code § 328.163
The provisions of this §328.163 adopted to be effective May 1, 2012, 37 TexReg 2660