By Howard, Rabuck H.B. No. 2577
74R5209 JJT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to collection and recycling of used oil and oil filters.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 371.022, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 371.022. NOTICE FOR USED OIL RECYCLING REQUIRED <BY
1-7 RETAIL DEALER>. (a) A retail dealer who annually sells directly
1-8 to the public for use off-premises more than 500 oil filters or
1-9 more than 500 gallons of oil in containers and a business that
1-10 changes motor oil for the public <for use off-premises> shall post
1-11 in a prominent place a sign provided by the commission <department>
1-12 informing the public that improper disposal of used oil is
1-13 prohibited by law. The sign shall also prominently display the
1-14 toll-free telephone number of the state used oil information center
1-15 established under Section 371.021.
1-16 (b) A retail dealer who annually sells directly to the
1-17 public more than 500 oil filters or more than 500 gallons of oil in
1-18 containers for use off-premises and a business that changes motor
1-19 oil for the public shall post a sign provided by the commission
1-20 that states "WE ACCEPT USED OIL AND USED OIL FILTERS FOR RECYCLING
1-21 AT NO CHARGE." The sign must:
1-22 (1) have lettering at least one inch in height;
1-23 (2) be placed in a prominent place open to public view
1-24 at all times; and
2-1 (3) be legible from at least 25 feet outside of the
2-2 dealer's or business's establishment.
2-3 SECTION 2. Subchapter B, Chapter 371, Health and Safety
2-4 Code, is amended by adding Section 371.0241 to read as follows:
2-5 Sec. 371.0241. COLLECTION BY CERTAIN BUSINESSES. (a) A
2-6 retail dealer who annually sells directly to the public more than
2-7 500 oil filters or more than 500 gallons of oil in containers for
2-8 use off-premises and a business that changes motor oil for the
2-9 public shall register with the commission as a public used oil
2-10 collection facility as provided by commission rules. A collection
2-11 facility required to register under this section shall:
2-12 (1) unless the collection facility's used oil
2-13 retention facility or used oil filter container is filled to
2-14 capacity, accept at no charge do-it-yourself used oil and used
2-15 automobile oil filters offered by a person if the amount offered by
2-16 the person per day is:
2-17 (A) not more than two gallons of used oil; and
2-18 (B) not more than two used oil filters; and
2-19 (2) if the collection facility's retention facility
2-20 for used oil or used oil filters is filled to capacity:
2-21 (A) promptly empty the collection facility's
2-22 used oil retention facility or used oil filter container; and
2-23 (B) inform a person whose used oil or used oil
2-24 filter is refused of the date the retention facility or container
2-25 will be emptied.
2-26 (b) Notwithstanding Subsection (a)(1), a collection facility
2-27 registered under this section is not required to collect in any
3-1 month:
3-2 (1) more used oil than the amount of oil the dealer or
3-3 business sold in the previous month; or
3-4 (2) more used oil filters than the number of oil
3-5 filters the dealer or business sold in the previous month.
3-6 SECTION 3. This Act takes effect January 1, 1996.
3-7 SECTION 4. The importance of this legislation and the
3-8 crowded condition of the calendars in both houses create an
3-9 emergency and an imperative public necessity that the
3-10 constitutional rule requiring bills to be read on three several
3-11 days in each house be suspended, and this rule is hereby suspended.