89th Legislature Regular Session

SB 2050

Overall Vote Recommendation
Yes
Principle Criteria
Free Enterprise
Property Rights
Personal Responsibility
Limited Government
Individual Liberty
Digest

SB 2050 amends Chapter 361 of the Texas Health and Safety Code by creating a new Subchapter P to regulate the recycling and disposal of consumer energy storage modules — primarily batteries and electrochemical devices used to power consumer electronics. The bill prohibits individuals from disposing of these modules through regular municipal solid waste streams, mixed metal recycling facilities, or municipal recycling programs unless done through a specific local recycling initiative. This aims to prevent improper disposal, which could pose environmental and safety hazards.

The bill provides important limited liability protections. Individual consumers are shielded from civil, administrative, or criminal penalties for inadvertent violations related to household use. Likewise, operators of solid waste disposal facilities, metal recyclers, and municipal recycling centers are not held liable if energy storage modules are incorrectly placed in their systems by third parties. This protection balances environmental safety with reasonable expectations for individual and business responsibility.

Finally, SB 2050 tasks the Texas Commission on Environmental Quality (TCEQ) with identifying and designating locations where consumers and stewardship organizations may properly deliver these modules for recycling or disposal. The bill emphasizes voluntary participation and cooperation between private manufacturers, recyclers, and the public, with a minimal new regulatory burden.

The originally filed version of SB 2050 was narrowly focused, prohibiting the disposal of "consumer energy storage modules" — specifically including alkaline, lithium-ion, nickel-cadmium, and nickel-metal hydride batteries — in mixed municipal solid waste. It also required the Texas Commission on Environmental Quality (TCEQ) to identify businesses or facilities where consumers could take these modules for recycling or disposal. The original bill was simple, targeting only landfill disposal and mandating minimal administrative rulemaking.

In contrast, the Committee Substitute substantially broadens both the scope and detail of the legislation. It removes the list of specific battery types and adopts a more general definition of "consumer energy storage modules," allowing for flexibility as technology evolves. It expands the disposal prohibition to include not just municipal landfills but also mixed metal recycling facilities and municipal recycling streams unless part of a specialized local recycling program. Additionally, the substitute introduces significant new protections: it grants liability shields to individual consumers for inadvertent disposal violations and to facility operators who unknowingly receive banned modules.

Moreover, the substitute introduces the concept of “steward organizations” — groups of manufacturers or recyclers organized to support module recycling — and directs the TCEQ to identify collection points more comprehensively. Overall, the substitute transforms the bill from a simple landfill disposal ban into a broader framework that promotes responsible recycling while protecting consumers and businesses from undue legal risk.

Author
Brian Birdwell
Co-Author
Nathan Johnson
Judith Zaffirini
Sponsor
Brooks Landgraf
Fiscal Notes

According to the Legislative Budget Board (LBB), no significant fiscal implication to the state from the implementation of SB 2050. It is assumed that any administrative costs associated with enforcing the bill's provisions, such as TCEQ’s responsibility to identify collection sites and adopt new rules, can be absorbed within the agency's existing budget and resources. Therefore, the bill would not require new appropriations or result in any measurable increase in state spending.

However, the fiscal impact on local governments is uncertain at this time. While the bill could impose operational adjustments on local solid waste facilities, curbside collection programs, and municipal recycling programs, particularly in ensuring compliance with the new disposal restrictions, the LBB notes that the extent of these costs cannot currently be determined. Factors such as the number of local programs affected, whether infrastructure changes are needed, and the scope of consumer education efforts required by municipalities could influence future local fiscal impacts.

In essence, SB 2050 is expected to have a minimal budgetary effect at the state level, but it leaves open the possibility of variable, and potentially uneven, impacts across local jurisdictions depending on how they choose to implement or expand battery recycling programs.

Vote Recommendation Notes

This bill tackles an increasingly serious safety and environmental concern: the improper disposal of consumer energy storage modules, such as lithium-ion batteries found in phones, laptops, and tools, which are a growing cause of fires at waste and recycling facilities. While Texas already regulates car batteries, there is currently no statewide guidance for these smaller, everyday batteries. SB 2050 closes that gap by restricting where these batteries can be thrown away, encouraging proper disposal through designated locations, and giving the Texas Commission on Environmental Quality (TCEQ) the authority to oversee recycling site identification and guidance.

Importantly, this bill does not grow the size of government in any significant way. It does not create a new agency or program, and the limited rulemaking tasks assigned to TCEQ can be handled with existing resources. The Legislative Budget Board confirms there is no significant cost to the state and no expected increase in the burden on taxpayers. Local governments are not mandated to start new recycling programs — participation remains voluntary — and any cost impacts would vary locally.

Enforcement is light-touch and designed to encourage voluntary compliance, not punish people. The bill clearly protects individuals from penalties for accidental or incidental violations in household use, and exempts businesses and facility operators from liability if they unknowingly receive batteries in the waste stream. There is no enforcement targeting ordinary citizens, and the bill does not authorize new inspections or punitive measures. TCEQ’s role is primarily informational and supportive, guiding people and businesses to proper disposal options.

From a liberty-oriented perspective, SB 2050 reflects Individual Liberty by avoiding criminal penalties for consumers; encourages Personal Responsibility by promoting better battery disposal practices; supports Free Enterprise by opening space for market-based recycling; and maintains Limited Government by keeping regulation narrowly focused and nonintrusive. The bill is a targeted, common-sense response to a real public safety issue that is executed in a way that respects individual freedom, minimizes cost, and avoids heavy-handed enforcement. For those reasons, Texas Policy Research recommends that lawmakers vote YES on SB 2050.

  • Individual Liberty: The bill protects individual liberty by ensuring no civil, administrative, or criminal penalties are imposed on consumers who inadvertently dispose of batteries improperly through household waste. It recognizes that most individuals are not environmental compliance experts and avoids criminalizing normal behavior, thus preserving personal freedom while promoting safer practices​.
  • Personal Responsibility: Rather than creating strict enforcement or penalties, the bill relies on individuals and businesses to do the right thing voluntarily. By requiring batteries to be properly disposed of through approved locations, it encourages citizens to take responsibility for their own environmental impact. At the same time, it avoids over-regulation that would disincentivize compliance or create fear of punishment.
  • Free Enterprise: The bill creates opportunities for private-sector recycling and battery disposal services without imposing mandates on them. Businesses that want to participate (as collection points or as part of a “steward organization”) are allowed to do so but are not forced. The bill protects existing waste facility operators from liability, removing a potential legal risk that could deter participation in recycling services​.
  • Private Property Rights: The bill does not restrict property owners or businesses from operating their facilities or disposing of other types of waste. Instead, it shields property owners (e.g., landfill or recycling facility operators) from liability if banned batteries show up in their streams unknowingly. This reduces government interference in business operations while promoting environmental safety.
  • Limited Government: The bill gives a narrow, clearly defined task to TCEQ: create a list of places where consumers can legally dispose of batteries. It does not create a new agency, expand enforcement powers, or levy new fines or taxes. The bill is a good example of a limited-government solution: addressing a real public safety issue with minimal regulation, no expansion of bureaucracy, and a clear opt-in model for local governments and businesses.
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