By Nixon                                              S.B. No. 1565
       74R6545 MI-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to used oil recycling fees and to uses of the used oil
    1-3  recycling fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Section 371.021, Health and Safety Code, is
    1-6  amended to read as follows:
    1-7        Sec. 371.021.  Public Education.  The commission <department>
    1-8  shall conduct an education program to inform the public of the need
    1-9  for and benefits of collection and recycling of used oil and used
   1-10  oil filters.  The program shall:
   1-11              (1)  establish, maintain, and publicize a used oil
   1-12  information center that prepares and disperses materials and
   1-13  information explaining laws and rules regulating used oil and used
   1-14  oil filters and informing the public of places and methods for
   1-15  proper recycling of used oil and used oil filters;
   1-16              (2)  encourage the voluntary establishment of used oil
   1-17  and used oil filter collection and recycling programs by private
   1-18  businesses and organizations and by local governments and provide
   1-19  technical assistance to persons who organize those programs; and
   1-20              (3)  encourage local governments to procure recycled
   1-21  automotive and industrial oils and oils blended with recycled oils,
   1-22  if those oils meet equipment manufacturer's specifications.
   1-23        SECTION 2.  Section 371.023, Health and Safety Code, is
   1-24  amended to read as follows:
    2-1        Sec. 371.023.  GRANTS AND LOANS to Local Governments AND
    2-2  PRIVATE ENTITIES.  (a)  The commission <department> shall develop a
    2-3  grant and loan program for local governments and private entities
    2-4  that encourages the collection, reuse, and recycling of DIY used
    2-5  oil.
    2-6        (b)  A grant may be made for any project approved by the
    2-7  commission <department>.  The commission <department> shall
    2-8  consider for grant assistance any local government project that
    2-9  uses one or more of the following programs:
   2-10              (1)  curbside pickup of containers of DIY used oil by a
   2-11  local government or its representative;
   2-12              (2)  retrofitting of municipal solid waste equipment to
   2-13  facilitate curbside pickup of DIY used oil;
   2-14              (3)  establishment of publicly operated DIY used oil
   2-15  collection centers at landfills, fire stations, or other public
   2-16  places;
   2-17              (4)  provision of containers and other materials and
   2-18  supplies that can be used to store DIY used oil for pickup or
   2-19  delivery to a used oil collection center in an environmentally
   2-20  sound manner; and
   2-21              (5)  any other activity the department determines will
   2-22  encourage the proper recycling of DIY used oil.
   2-23        (c)  The commission may make a loan or grant for:
   2-24              (1)  the collection of used oil filters by local
   2-25  governments or private entities; and
   2-26              (2)  the development by local governments or private
   2-27  entities of recycling or other treatment techniques for used oil
    3-1  filters.
    3-2        (d) <(c)>  The commission <board> by rule shall establish
    3-3  procedures for the application for and criteria for the award of
    3-4  grants under this section.
    3-5        SECTION 3.  Section 371.061, Health and Safety Code, is
    3-6  amended by amending Subsection (c) and adding Subsection (f) to
    3-7  read as follows:
    3-8        (c)  Except as provided by Subsection (d), the commission
    3-9  <department> may use money in the fund for purposes authorized by
   3-10  this chapter, including:
   3-11              (1)  public education;
   3-12              (2)  grants and loans;
   3-13              (3)  registration of used oil collection centers, used
   3-14  oil transporters, used oil marketers, and used oil recyclers; and
   3-15              (4)  administrative costs of implementing this chapter
   3-16  only.
   3-17        (f)  Any money in the fund at the end of a biennium that has
   3-18  been appropriated for the purposes authorized under this section
   3-19  but that is unobligated and unexpended is available for general
   3-20  governmental purposes.
   3-21        SECTION 4.  This Act takes effect September 1, 1995.
   3-22        SECTION 5.  The importance of this legislation and the
   3-23  crowded condition of the calendars in both houses create an
   3-24  emergency and an imperative public necessity that the
   3-25  constitutional rule requiring bills to be read on three several
   3-26  days in each house be suspended, and this rule is hereby suspended.