HB 5087

relating to the regulation of used and scrap tires by certain
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1121 to read as follows:
Sec. 361.1121.  MARKING USED OR SCRAP TIRES IN CERTAIN
COUNTIES.  (a)  In this section:
(1)  "Generator" includes a fleet operator, a tire
recapper or retreader, or a retailer, wholesaler, or manufacturer
of whole new or used tires.  The term does not include a scrap tire
energy recovery facility or a scrap tire recycling facility.
(2)  "Retailer" means a person who is engaged in the
business of selling or otherwise placing tires in the stream of
commerce for use on a vehicle, trailer, or piece of equipment.
(3)  "Scrap tire" has the meaning assigned by Section
361.112.  The term does not include a tire:
(ii)  is being transported to a registered
metal recycling entity or a licensed used automotive parts
(B)  that is mounted on a metal wheel that is
(4)  "Used tire" means a tire that:
(A)  has been used as a tire on a vehicle, trailer,
(B)  has tire tread at least one-sixteenth inch
(C)  can still be used for its original intended
(D)  meets the visual and tread depth requirements
for used tires established by the Department of Public Safety.
(b)  This section applies only to a county with a population
(c)  The commissioners court of a county to which this
section applies may establish and enforce a program requiring a
generator to mark used or scrap tires handled by the generator.
(d)  A program established under this section must:
(1)  assign to each generator a unique identifying mark
required to be affixed to or imprinted on each scrap or used tire
taken possession of or produced by the generator;
(2)  allow a customer to retain a scrap or used tire
removed from the customer's vehicle during the purchase of a tire
(3)  require a retailer whose customer retains a scrap
or used tire to keep a record of the customer's retention; and
(4)  include a system to inspect generators for
SECTION 2.  This Act takes effect September 1, 2025.