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.