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HB 1058, if passed, would make a number of changes to the
Health and Safety Code regarding a regime to encourage the recycling of
electronic waste. The bill has six sections, two of which make major additions
to the code, and four or which are essentially procedural, two of which
(Section 2, and Section 3) make substantive changes.
These two sections are essentially identical, the only
difference being that Section 2 deals with computers as electronic waste and
Section 3 deals with televisions as electronic waste. These sections introduce
a number of new requirements. These include requirements that operators of
solid waste facilities place a sign in a conspicuous location encouraging the
recycling of electronic waste, commercial transporters of solid waste create an
insert encouraging the recycling of electronic waste, and that the commission
develop rules governing the aforementioned sign and insert.
Recycling, or electronic waste or otherwise, is a laudable
activity. As is encouraging such recycling. We take serious issue though at the
notion of the state forcing waste facilities and transporters to engage in what
is essentially prescribed and regulated speech. As admirable as the intent may
be this is a totally inappropriate extension of state power. Likely, as
electronic waste recycling becomes more normalized, such activity will become
more likely on its own. In the meantime, it is disconcerting that the state
would force speech on private entities and require them to bear the cost,
essentially co-opting private property for state sanctioned messaging. HB 1058
is very inappropriate and of questionable utility. As such we oppose the bill.