By Nixon S.B. No. 1683
74R11542 SMH-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the collection, management, and recycling of used oil
1-3 and used oil filters.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 371.001, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 371.001. Short Title. This chapter may be cited as the
1-8 Texas Used Oil Collection, Management, and Recycling Act.
1-9 SECTION 2. Section 371.002, Health and Safety Code, is
1-10 amended to read as follows:
1-11 Sec. 371.002. Findings. The legislature finds that:
1-12 (1) when properly managed and recycled, used oil is a
1-13 valuable energy resource<, the reuse of which may make a
1-14 significant contribution toward energy efficiency and
1-15 conservation>;
1-16 (2) used oil can be recycled into a number of
1-17 different products;
1-18 (3) improper disposal of used oil is a significant
1-19 environmental problem and a waste of a potentially valuable energy
1-20 resource;
1-21 (4) there is a need for an expanded statewide network
1-22 of public and private used oil collection sites for private
1-23 citizens who change their own motor oil;
1-24 (5) the United States Environmental Protection Agency
2-1 has issued final regulations that properly classify and regulate
2-2 used oil and used oil filters in accordance with the Resource
2-3 Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et
2-4 seq.);
2-5 (6) the current used oil and used oil filter program
2-6 in this state imposes more stringent management requirements than
2-7 the regulations of the United States Environmental Protection
2-8 Agency;
2-9 (7) limited public money is needed to finance public
2-10 and private infrastructure investments to collect, manage, and
2-11 recycle used motor oil; and
2-12 (8) the used oil management standards in 40 CFR Part
2-13 279 establish a balanced approach to the objectives of preserving a
2-14 valuable resource and protecting the natural environment <recycling
2-15 used oil to produce fuel requires significantly less energy than is
2-16 needed to refine crude oil into fuel;>
2-17 <(3) millions of gallons of used oil generated each
2-18 year by private citizens in the state are not available for
2-19 recycling because of improper disposal practices and the lack of
2-20 collection facilities;>
2-21 <(4) although there is a reliable system for the
2-22 collection and recycling of used oil generated by business and
2-23 industry, private citizens have only limited access to that system
2-24 and often dispose of their used oil on land or in landfills,
2-25 sewers, drainage systems, septic tanks, surface waters or
2-26 groundwaters, watercourses, or marine waters;>
2-27 <(5) improper disposal of this used oil is both a
3-1 significant environmental problem and a waste of a valuable energy
3-2 resource; and>
3-3 <(6) adequate public funds are required to provide for
3-4 the proper collection, management, and recycling of used oil>.
3-5 SECTION 3. Subchapter A, Chapter 371, Health and Safety
3-6 Code, is amended by adding Section 371.0025 to read as follows:
3-7 Sec. 371.0025. PURPOSE AND SCOPE. The purposes of this
3-8 chapter are to:
3-9 (1) ensure that this state's used oil program is
3-10 consistent with the federal program for the management of used oil
3-11 under 40 CFR Part 279 and of used oil filters under 40 CFR Section
3-12 261.4(b)(13); and
3-13 (2) establish a program to promote public and private
3-14 do-it-yourselfer used oil collection centers.
3-15 SECTION 4. Section 371.003, Health and Safety Code, is
3-16 amended to read as follows:
3-17 Sec. 371.003. Definitions. In this chapter:
3-18 (1) "Automotive oil" means any lubricating oils
3-19 intended for use in an internal combustion engine, crankcase,
3-20 transmission, gear box, or differential for an automobile, bus, or
3-21 truck. The term includes oil that is not labeled specifically for
3-22 that use but is suitable for that use according to generally
3-23 accepted industry specifications.
3-24 (2) "Commission" <"Board" means the Texas Natural
3-25 Resource Conservation Commission.>
3-26 <(3) "Department"> means the Texas Natural Resource
3-27 Conservation Commission.
4-1 (3) "Do-it-yourselfer used oil collection center"
4-2 means a site or facility that accepts or aggregates and stores used
4-3 oil collected only from household do-it-yourselfers.
4-4 (4) "Household do-it-yourselfer <"Do-it-yourself>
4-5 (DIY) used oil" means <used> oil that is derived from a household,
4-6 including used oil generated by an individual through the
4-7 maintenance of the individual's personal vehicle or equipment
4-8 <generated by a person who changes the person's own automotive
4-9 oil>.
4-10 (5) "Household do-it-yourselfer used oil generator"
4-11 means an individual who generates household do-it-yourselfer
4-12 <"Generator" means a person whose act or process produces> used
4-13 oil.
4-14 (6) "New tank" means a tank for the storage or
4-15 processing of used oil the construction of which begins on or after
4-16 September 1, 1995. <"Public used oil collection center" means:>
4-17 <(A) an automotive service facility that in the
4-18 course of business accepts for recycling small quantities of used
4-19 oil from private citizens;>
4-20 <(B) a facility that stores used oil in
4-21 aboveground tanks and in the course of business accepts for
4-22 recycling small quantities of used oil from private citizens; and>
4-23 <(C) a publicly sponsored collection facility
4-24 that is designated and authorized by the department to accept for
4-25 recycling small quantities of used oil from private citizens.>
4-26 (7) "Processing" means chemical or physical operations
4-27 designed to produce from used oil, or to make used oil more
5-1 amenable for production of, fuel oils, lubricants, or other
5-2 used-oil-derived products, including blending used oil with virgin
5-3 petroleum products, blending used oils to meet fuel specifications,
5-4 filtration, simple distillation, chemical or physical separation,
5-5 and rerefining.
5-6 (8) "Reclaiming" means processing material to recover
5-7 a usable product or regenerating material, including recovering
5-8 lead from a spent battery and regenerating spent solvents <using
5-9 methods, other than rerefining, to remove insoluble impurities from
5-10 used oil and making the used oil suitable for further use as a
5-11 lubricant or petroleum product. The term includes settling,
5-12 heating, dehydration, filtration, or centrifuging>.
5-13 (9) <(8)> "Recycling" means:
5-14 (A) preparing used oil for reuse as a petroleum
5-15 product by rerefining, reclaiming, or other means; <or>
5-16 (B) using used oil as a lubricant or petroleum
5-17 product instead of using a petroleum product made from new oil; or
5-18 (C) burning used oil for energy recovery.
5-19 (10) <(9)> "Rerefining" means applying <refining>
5-20 processes to material composed primarily of used oil to produce
5-21 high-quality base stocks for lubricants or other petroleum
5-22 products, including settling, filtering, catalytic conversion,
5-23 fractional/vacuum distillation, hydrotreating, or polishing.
5-24 (11) <(10)> "Used oil" means <any> oil that has been
5-25 refined from crude oil, or <a> synthetic oil, that as a result of
5-26 use has been contaminated by physical or chemical impurities<, as a
5-27 result of use, storage, or handling, has become unsuitable for its
6-1 original purpose because of impurities or the loss of original
6-2 properties, but that may be suitable for further use and is
6-3 recyclable>.
6-4 (12) "Used oil aggregation point" means a site or
6-5 facility that accepts, aggregates, or stores used oil collected
6-6 from:
6-7 (A) used oil generation sites owned or operated
6-8 by the owner or operator of the used oil aggregation point and
6-9 transported to the used oil aggregation point in shipments of not
6-10 more than 55 gallons; or
6-11 (B) household do-it-yourselfers.
6-12 (13) "Used oil burner" means a facility in which used
6-13 oil not meeting the specifications in 40 CFR Section 279.11 is
6-14 burned for energy recovery in a device listed in 40 CFR Section
6-15 279.61(a).
6-16 (14) "Used oil collection center" means a site or
6-17 facility that is registered by the commission to manage used oil
6-18 and accepts, aggregates, or stores used oil collected from:
6-19 (A) used oil generators regulated under 40 CFR
6-20 Part 279, Subpart C, who transport used oil to the used oil
6-21 collection center in shipments of not more than 55 gallons under 40
6-22 CFR Section 279.24; or
6-23 (B) household do-it-yourselfers.
6-24 (15) "Used oil fuel marketer" means a person who:
6-25 (A) directs a shipment of used oil not meeting
6-26 the specifications in 40 CFR Section 279.11 from the person's
6-27 facility to a used oil burner; or
7-1 (B) first claims that used oil to be burned for
7-2 energy recovery meets the used oil specifications in 40 CFR Section
7-3 279.11.
7-4 (16) "Used oil generator" means a person, by site,
7-5 whose act or process:
7-6 (A) produces used oil; or
7-7 (B) first causes used oil to become subject to
7-8 regulation.
7-9 (17) "Used oil processor or rerefiner" means a
7-10 facility that processes used oil.
7-11 (18) "Used oil transfer facility" means a
7-12 transportation-related facility, including a loading dock, parking
7-13 area, storage area, or other area, where shipments of used oil are
7-14 held for more than 24 hours and not more than 35 days during the
7-15 normal course of transportation or before an activity performed
7-16 under 40 CFR Section 279.20(b)(2) takes place.
7-17 (19) "Used oil transporter" means a person who:
7-18 (A) transports used oil; or
7-19 (B) owns or operates a used oil transfer
7-20 facility.
7-21 SECTION 5. Subchapter B, Chapter 371, Health and Safety
7-22 Code, is amended to read as follows:
7-23 SUBCHAPTER B. USED OIL RECYCLING PROGRAM
7-24 Sec. 371.021. Public Education. The commission <department>
7-25 shall conduct an education program to inform the public of the need
7-26 for and benefits of the collection and recycling of used oil and
7-27 used oil filters. The program shall:
8-1 (1) establish, maintain, and publicize a used oil
8-2 information center that prepares and disperses materials and
8-3 information explaining laws and rules regulating used oil and
8-4 informing the public of places and methods for proper recycling of
8-5 used oil;
8-6 (2) encourage the voluntary establishment of used oil
8-7 collection and recycling programs by private businesses and
8-8 organizations and by local governments and provide technical
8-9 assistance to persons who organize those programs; and
8-10 (3) encourage local governments to procure recycled
8-11 automotive and industrial oils and oils blended with recycled oils,
8-12 if those oils meet equipment manufacturer's specifications.
8-13 Sec. 371.022. Notice by Retail Dealer. A retail dealer who
8-14 annually sells directly to the public more than 500 gallons of oil
8-15 in containers for use off-premises shall post in a prominent place
8-16 a sign provided by the commission:
8-17 (1) <department> informing the public that improper
8-18 disposal of used oil is prohibited by law;
8-19 (2) containing instructions for disposal of used oil
8-20 filters; and
8-21 (3) <. The sign shall also> prominently displaying
8-22 <display> the toll-free telephone number of the state used oil
8-23 information center established under Section 371.021.
8-24 Sec. 371.023. GRANTS TO LOCAL GOVERNMENTS AND PRIVATE
8-25 ENTITIES. (a) The commission <department> shall develop a grant
8-26 program for local governments and private entities that encourages
8-27 the collection, reuse, and recycling of household do-it-yourselfer
9-1 (DIY) used oil.
9-2 (b) The commission may approve a <A> grant <may be made> for
9-3 any project <approved by the department. The department shall
9-4 consider for grant assistance any local government project> that
9-5 uses one or more of the following programs:
9-6 (1) curbside pickup of containers of household
9-7 do-it-yourselfer (DIY) used oil by a local government or its
9-8 representative;
9-9 (2) retrofitting of municipal solid waste equipment to
9-10 facilitate curbside pickup of household do-it-yourselfer (DIY) used
9-11 oil;
9-12 (3) establishment of do-it-yourselfer <publicly
9-13 operated DIY> used oil collection centers at locations accessible
9-14 to the public, including landfills, fire stations, retail stores,
9-15 quick lubrication centers, and automobile repair shops <or other
9-16 public places>;
9-17 (4) provision of containers and other materials and
9-18 supplies that can be used to store household do-it-yourselfer (DIY)
9-19 used oil for pickup or delivery to a do-it-yourselfer used oil
9-20 collection center in an environmentally sound manner; and
9-21 (5) any other activity the advisory committee
9-22 established under Subsection (e) <department> determines will
9-23 encourage the proper recycling of household do-it-yourselfer (DIY)
9-24 used oil.
9-25 (c) The commission, through the Texas Department of
9-26 Commerce, may grant not more than $500,000 to steel mills to
9-27 develop structures for recycling used oil filters. Each grant is
10-1 for a term of one year. The commission may not make more than one
10-2 grant to a steel mill under this subsection.
10-3 (d) A grant to a municipal do-it-yourselfer used oil
10-4 collection center or group of centers must be made directly to the
10-5 center or group of centers and may not be made to an entity that
10-6 redistributes money to do-it-yourselfer used oil collection centers
10-7 or another third party.
10-8 (e) The commission shall appoint an advisory committee for
10-9 the used oil grant program. The advisory committee consists of
10-10 seven members who serve at the pleasure of the commission and
10-11 represent oil manufacturers as defined by Section 371.062, used oil
10-12 collection centers, and local governments. The advisory committee
10-13 shall recommend criteria for grants and recommend grant recipients
10-14 to the commission based on the used oil collection needs of this
10-15 state.
10-16 (f) The commission <board> by rule shall establish
10-17 procedures for the application for and criteria for the award of
10-18 grants under this section.
10-19 Sec. 371.024. Collection Facilities. (a) All appropriate
10-20 businesses <that change motor oil for the public> and <all
10-21 appropriate> government agencies are encouraged to serve as
10-22 do-it-yourselfer <public> used oil collection centers.
10-23 (b) A do-it-yourselfer <public> used oil collection center
10-24 annually shall:
10-25 (1) register with the commission <department>; and
10-26 (2) report to the commission <department> the amounts
10-27 of used oil collected by the center from the public.
11-1 (c) The commission <board> shall adopt rules governing the
11-2 registration of and reporting by do-it-yourselfer <public> used oil
11-3 collection centers.
11-4 (d) The commission <board> by rule shall adopt standards for
11-5 managing and operating a do-it-yourselfer <public> used oil
11-6 collection center.
11-7 (e) The commission <department> may impose a registration
11-8 fee in an amount sufficient to cover the actual cost of registering
11-9 do-it-yourselfer <public> used oil collection centers. A private
11-10 entity that serves voluntarily as a do-it-yourselfer used oil
11-11 collection center is exempt from the registration fee.
11-12 Sec. 371.0245. Reimbursement of Do-it-yourselfer Used Oil
11-13 Collection Center's Hazardous Waste Expense <Center>. (a) The
11-14 commission, on proper application, shall reimburse the owner or
11-15 operator of an eligible registered do-it-yourselfer <public> used
11-16 oil collection center for costs associated with the collection
11-17 center's disposal of:
11-18 (1) household do-it-yourselfer <do-it-yourself> (DIY)
11-19 used oil collected by the collection center that, unknown to the
11-20 center at the time of collection, contains hazardous wastes or is
11-21 unfit for recycling;
11-22 (2) household do-it-yourselfer (DIY) used oil
11-23 collected by the collection center that has been commingled with
11-24 DIY oils described in Subdivision (1) and is unsuitable for
11-25 recycling; or
11-26 (3) contaminated used oil left at the collection
11-27 center as used oil after posted business hours and without the
12-1 knowledge of the collection center.
12-2 (b) A registered do-it-yourselfer <public> used oil
12-3 collection center is eligible for reimbursement if it demonstrates
12-4 to the satisfaction of the commission that:
12-5 (1) the center has established procedures to minimize
12-6 the risk that the center will mix the used oil the center generates
12-7 or collects from the public <will not be mixed> with hazardous
12-8 wastes, especially halogenated wastes;
12-9 (2) the center accepts not more than five gallons of
12-10 used oil from any person at any one time; and
12-11 (3) the center can document to the satisfaction of the
12-12 commission the volume of used oil the center collects from the
12-13 public during any <a> period under review by:
12-14 (A) providing a process by which all individuals
12-15 leaving household do-it-yourselfer <do-it-yourself> (DIY) used oil
12-16 at the center are required to provide <log> their names, addresses,
12-17 and the approximate amounts of used oil brought to the collection
12-18 center <and ensuring that all do-it-yourself (DIY) used oil
12-19 collected is kept in a separate sealed and labeled container placed
12-20 on an impermeable surface>; or
12-21 (B) another method approved by the commission.
12-22 (c) For the purpose of Subsection (b)(2), the owner or
12-23 operator of a registered do-it-yourselfer <public> used oil
12-24 collection center may presume that a quantity of not more than five
12-25 gallons of used oil collected from a member of the public is not
12-26 mixed with a hazardous substance<,> if the owner or operator acts
12-27 in good faith <and> in the belief the oil is generated from the
13-1 individual's personal activity.
13-2 (d) In any state fiscal year, a registered do-it-yourselfer
13-3 <public> used oil collection center may not be reimbursed for more
13-4 than $7,500 <$5,000> in total eligible disposal costs, subject to
13-5 Section 371.0246(d).
13-6 (e) Reimbursements <A reimbursement> made under this section
13-7 shall <may> be paid out of the used oil recycling fund and may not
13-8 <to> exceed an aggregate amount of $500,000 each fiscal year.
13-9 Sec. 371.0246. Procedures for Reimbursement. (a) An owner
13-10 or operator of a registered do-it-yourselfer <public> used oil
13-11 collection center may apply for reimbursement from the commission.
13-12 (b) An application for reimbursement shall be submitted
13-13 <filed> on a form approved or provided by the commission.
13-14 (c) An application must contain:
13-15 (1) the name, address, and telephone number of the
13-16 applicant;
13-17 (2) the name, mailing address, location address, and
13-18 commission registration number of the registered do-it-yourselfer
13-19 <public> used oil collection center from which the contaminated oil
13-20 was removed;
13-21 (3) the name, address, telephone number, and
13-22 commission registration number of the hazardous waste transporter
13-23 used to dispose of the contaminated used oil;
13-24 (4) a copy of any <the signed uniform hazardous waste>
13-25 manifest or shipping documents that accompanied the transportation
13-26 of the shipment of used oil;
13-27 (5) a copy of each invoice for which reimbursement is
14-1 requested and evidence that the amount shown on the invoice has
14-2 been paid in full<, which may be> in the form of:
14-3 (A) canceled checks;
14-4 (B) business receipts from the person who
14-5 performed the work; or
14-6 (C) other documentation approved by the
14-7 commission;
14-8 (6) a waste-characterization or similar documentation
14-9 required before acceptance of a hazardous waste by the disposal
14-10 facility that accepted the contaminated used oil for treatment or
14-11 disposal; and
14-12 (7) any other information that the executive director
14-13 may reasonably require.
14-14 (d) All claims for reimbursement filed under this section
14-15 and Section 371.0245 are subject to funds available for
14-16 disbursement <the availability of money> in the used oil recycling
14-17 fund and to Section 371.0245(e). This subchapter does not create
14-18 an entitlement to money in the used oil recycling fund or any other
14-19 fund.
14-20 Sec. 371.025. <Limitation of Liability><. (a) A person may
14-21 not recover from the owner, operator, or lessor of a registered
14-22 public used oil collection center any damages or costs of response
14-23 actions at another location resulting from a release or threatened
14-24 release of used oil collected at the center if:>
14-25 <(1) the owner, operator, or lessor of the collection
14-26 center does not mix the used oil collected with any hazardous waste
14-27 or polychlorinated biphenyls (PCBs);>
15-1 <(2) the owner, operator, or lessor of the collection
15-2 center does not accept used oil that the owner, operator, or lessor
15-3 knows contains hazardous waste or PCBs; and>
15-4 <(3) the collection center is in compliance with
15-5 management standards adopted by the department.>
15-6 <(b) For purposes of this section, the owner, operator, or
15-7 lessor of a public used oil collection center may presume that a
15-8 quantity of less than five gallons of used oil accepted at any one
15-9 time from any member of the public is not mixed with a hazardous
15-10 waste or PCBs, provided that the owner, operator, or lessor acts in
15-11 good faith.>
15-12 <(c) This section applies only to activities directly
15-13 related to the collection of used oil by a public used oil
15-14 collection center. This section does not apply to grossly
15-15 negligent activities related to the operation of a used oil
15-16 collection center.>
15-17 <(d) This section does not affect or modify the obligations
15-18 or liability of any person other than the owner, operator, or
15-19 lessor of the collection center under any other provisions of state
15-20 or federal law, including common law, for injury or damage
15-21 resulting from a release of used oil or hazardous substances.>
15-22 <(e) This section does not affect or modify the obligations
15-23 or liability of any owner, operator, or lessor of a collection
15-24 center with regard to services other than accepting used oil from
15-25 the public.>
15-26 <Sec. 371.026.> Registration of <Persons Transporting,
15-27 Marketing, or Recycling> Used Oil Handlers Other Than Generators.
16-1 (a) <A person who transports over public highways of this state
16-2 more than 500 gallons of used oil annually, who markets more than
16-3 500 gallons of used oil annually, or who recycles more than 10,000
16-4 gallons of used oil annually shall register annually with the
16-5 department on forms prescribed by the department and in accordance
16-6 with board rules.>
16-7 <(b) The department shall develop a registration program for
16-8 transporters, marketers, and recyclers of used oil.>
16-9 <(c)> The commission <board> shall adopt rules governing
16-10 registration and reporting of used oil handlers other than
16-11 generators <transporters, marketers, and recyclers>. The rules
16-12 shall require that a used oil handler other than a generator
16-13 <transporter, marketer, or recycler>:
16-14 (1) register annually with the commission
16-15 <department>;
16-16 (2) report annually the sources of used oil handled
16-17 <transported, marketed, or recycled> during the preceding year, the
16-18 quantity of used oil received, the date of receipt, and the
16-19 destination or end use of the used oil;
16-20 (3) provide evidence of familiarity with applicable
16-21 state laws and rules and management procedures applicable to used
16-22 oil handling <transportation, marketing, or recycling>; and
16-23 (4) provide proof of liability insurance or other
16-24 evidence of financial responsibility for any liability that may be
16-25 incurred in handling <transporting, marketing, or recycling> used
16-26 oil.
16-27 (b) <(d)> The commission <board> by rule shall adopt
17-1 reasonable management and safety standards for the handling
17-2 <transportation, marketing, and recycling> of used oil.
17-3 (c) <(e)> The commission <department> may impose a
17-4 registration fee in an amount sufficient to cover the actual cost
17-5 of registering used oil handlers other than generators
17-6 <transporters, marketers, and recyclers>.
17-7 (d) A used oil transporter may consolidate or aggregate
17-8 loads of used oil for purposes of transportation but may not
17-9 process used oil, except that a used oil transporter may conduct
17-10 incidental processing operations, including settling and water
17-11 separation, that occur in the normal course of the transportation
17-12 of used oil but that are not designed to produce, or make more
17-13 amenable for the production of, used-oil-derived products or used
17-14 oil fuel. <(f) A utility or industrial generator of used oil that
17-15 transports its own used oil from one generator-owned or
17-16 generator-operated facility to another or that recycles its own
17-17 used oil for use in its operations is not required to register or
17-18 report under this section.>
17-19 Sec. 371.026 <371.027>. Gifts and Grants. The commission
17-20 <department> may apply for, request, solicit, contract for,
17-21 receive, and accept gifts, grants, donations, and other assistance
17-22 from any source to carry out its powers and duties under this
17-23 chapter.
17-24 Sec. 371.027 <371.028>. Rules. (a) Not later than January
17-25 1, 1996, the commission shall adopt rules, standards, and
17-26 procedures necessary to implement the used oil program established
17-27 by this chapter. The rules, standards, and procedures must be
18-1 consistent with the used oil management standards under 40 CFR Part
18-2 279.
18-3 (b) Not later than January 1, 2000, the commission shall
18-4 adopt rules, standards, and procedures necessary to implement the
18-5 used oil filter program established by this chapter. The rules,
18-6 standards, and procedures must be consistent with the used oil
18-7 filter program under 40 CFR Section 261.4(b)(13) or its successor.
18-8 (c) The commission may not adopt a rule for the purpose of
18-9 the administration by this state of the used oil or used oil filter
18-10 program under the Resource Conservation and Recovery Act of 1976
18-11 (42 U.S.C. Section 6901 et seq.) that is more stringent than
18-12 federal law. <The board may adopt any rules necessary to carry out
18-13 the purposes of this chapter.>
18-14 SECTION 6. Section 371.041, Health and Safety Code, is
18-15 amended by amending Subsections (b)-(d) and adding Subsection (e)
18-16 to read as follows:
18-17 (b) A person commits an offense if the person:
18-18 (1) intentionally discharges used oil into a sewer,
18-19 drainage system, septic tank, surface water or groundwater,
18-20 watercourse, or marine water;
18-21 (2) knowingly mixes or commingles used oil with
18-22 <solid> waste that is to be disposed of in landfills or directly
18-23 disposes of used oil on land <or in landfills>;
18-24 (3) handles but does not generate <intentionally mixes
18-25 or commingles used oil with hazardous waste or other hazardous
18-26 substances or PCBs;>
18-27 <(4) transports, markets, or recycles> used oil within
19-1 the state without first complying with the registration
19-2 requirements of Section 371.025 <371.026> and rules adopted under
19-3 that section;
19-4 (4) intentionally <(5)> applies used oil to roads or
19-5 land for dust suppression, weed abatement, or other similar uses
19-6 that introduce used oil into the environment; or
19-7 (5) <(6)> violates an order of the commission
19-8 <department> to cease and desist any activity prohibited by this
19-9 section or any rule applicable to a prohibited activity.
19-10 (c) It is an exception to the application of Subsection (b)
19-11 if a person unknowingly disposes into the environment <a landfill>
19-12 any used oil that has not been properly segregated or separated by
19-13 the generator from other solid wastes.
19-14 (d) It is an exception to the application of Subsection
19-15 (b)(2) if the mixing or commingling of used oil with <solid> waste
19-16 that is to be disposed of in landfills is incident to and the
19-17 unavoidable result of the mechanical shredding of motor vehicles,
19-18 appliances, or other items of scrap, used, or obsolete metals.
19-19 (e) It is an exception to the application of Subsection
19-20 (b)(2) if the mixing or commingling of used oil with waste is the
19-21 result of an oil change that results in the generation of a used
19-22 oil filter under 40 CFR Section 261.4(b)(13).
19-23 SECTION 7. Section 371.042, Health and Safety Code, is
19-24 amended to read as follows:
19-25 Sec. 371.042. Criminal Penalties. (a) Except as provided
19-26 by Subsection (b), an offense under Section 371.041 is punishable
19-27 by:
20-1 (1) a fine of not less than $100 or more than $10,000
20-2 for each act of violation or each day of a continuing violation;
20-3 (2) imprisonment for a term not to exceed five years;
20-4 or
20-5 (3) both the fine and the imprisonment <a Class C
20-6 misdemeanor>.
20-7 (b) If it is shown on the trial of an offense under Section
20-8 371.041 that the defendant has previously been convicted of an
20-9 offense under Section 371.041, the offense is punishable by:
20-10 (1) a fine of not less than $200 or more than $20,000
20-11 for each act of violation or each day of a continuing violation;
20-12 (2) imprisonment for a term not to exceed 10 years; or
20-13 (3) both the fine and the imprisonment <a Class A
20-14 misdemeanor>.
20-15 SECTION 8. Sections 371.043(c) and (d), Health and Safety
20-16 Code, are amended to read as follows:
20-17 (c) The penalty imposed by this section does not apply to
20-18 failure to pay a fee under Section 371.062 or failure to file a
20-19 report under Section 371.024 <or 371.026>.
20-20 (d) The commission <department>, a local government in whose
20-21 jurisdiction the violation occurs, or the state may bring suit to
20-22 recover a penalty under this section.
20-23 SECTION 9. Sections 371.061(b)-(d), Health and Safety Code,
20-24 are amended to read as follows:
20-25 (b) The fund consists of:
20-26 (1) fees collected under Sections 371.024, 371.025
20-27 <371.026>, and 371.062;
21-1 (2) interest and penalties imposed under this chapter
21-2 for late payment of fees, failure to file a report, or other
21-3 violations of this chapter; and
21-4 (3) gifts, grants, donations, or other financial
21-5 assistance the commission <department> is authorized to receive
21-6 under Section 371.026 <371.027>.
21-7 (c) Except as provided by Subsection (d), the commission
21-8 <department> may use money in the fund only for purposes authorized
21-9 by this chapter, including:
21-10 (1) public education;
21-11 (2) grants to public and private do-it-yourselfer used
21-12 oil collection centers;
21-13 (3) registration of do-it-yourselfer used oil
21-14 collection centers and<,> used oil handlers other than generators
21-15 <transporters, used oil marketers, and used oil recyclers>; and
21-16 (4) administrative costs of implementing this chapter,
21-17 not to exceed 12 percent of the fund balance in any fiscal year.
21-18 (d) The commission <department> shall set aside <transfer>
21-19 25 percent of the fees collected under Section 371.062 <to the
21-20 Texas Water Commission> for the sole purpose of restoring the
21-21 environmental quality of those sites in the state that the
21-22 commission has identified as having been contaminated through
21-23 improper used oil management and for which other funds from a
21-24 potentially responsible party or the federal government are not
21-25 sufficient. This subsection expires on January 1, 1998 <1997>.
21-26 SECTION 10. Section 371.062, Health and Safety Code, is
21-27 amended by amending Subsections (a), (b), (f), and (j) and adding
22-1 Subsections (m)-(p) to read as follows:
22-2 (a) In this section:
22-3 (1) "Distributor" means a person who maintains a
22-4 distribution center or warehouse in this state and annually exports
22-5 from this state to a location outside this state more than 25,000
22-6 gallons of automotive oil.
22-7 (2) "First sale" means the first actual sale of
22-8 automotive oil delivered to a location in this state and sold to a
22-9 purchaser who is not an automotive oil manufacturer. The term does
22-10 not include the sale of automotive oil exported from this state to
22-11 a location outside this state for the purpose of sale or use
22-12 outside this state. This term does not include sales of automotive
22-13 oils for resale to or use by vessels exclusively engaged in foreign
22-14 or interstate commerce.
22-15 (3) <(2)> "Importer" means any person who imports or
22-16 causes to be imported automotive oil into this state for sale, use,
22-17 or consumption.
22-18 (4) <(3)> "Oil manufacturer" means any person or
22-19 entity that formulates automotive oil and packages, distributes, or
22-20 sells that automotive oil. The term includes any person packaging
22-21 or repackaging automotive oil.
22-22 (b) An oil manufacturer or distributor who makes a first
22-23 sale of automotive oil is liable for a fee.
22-24 (f) Each oil manufacturer, distributor, or importer required
22-25 to pay a fee under this section shall:
22-26 (1) prepare and maintain, on a form provided or
22-27 approved by the comptroller, a report of each first sale or, in the
23-1 case of an importer, the first receipt in Texas of automotive oil
23-2 by the person and the price received;
23-3 (2) retain the invoice or a copy of the invoice or
23-4 other appropriate record of the sale or receipt for four years from
23-5 the date of sale or receipt; and
23-6 (3) on or before the 25th day of the month following
23-7 the end of each calendar quarter, file a report with the
23-8 comptroller and remit to the comptroller the amount of fees
23-9 required to be paid for the preceding quarter.
23-10 (j) The fee imposed under this section is one cent <two
23-11 cents> per quart or four <eight> cents per gallon of automotive
23-12 oil. <The department shall monitor the unobligated balance of the
23-13 used oil recycling fund and shall adjust the fee rate to meet
23-14 expenditure requirements of the used oil recycling program and to
23-15 maintain an appropriate fund balance. The fee imposed under this
23-16 section may not exceed five cents per quart or 20 cents per gallon
23-17 of automotive oil. On or before September 1 of each year, the
23-18 department and the comptroller jointly shall issue notice of the
23-19 effective fee rate for the next fiscal year.>
23-20 (m) A distributor must obtain a permit from the comptroller.
23-21 The comptroller shall adopt an application form for the permit,
23-22 which must include:
23-23 (1) the name under which the applicant transacts or
23-24 intends to transact business;
23-25 (2) the location of the applicant's distribution
23-26 center or warehouse in this state;
23-27 (3) if the applicant is a corporation or partnership,
24-1 the names of the principal officers of the corporation or of the
24-2 members of the partnership and the address of each officer or
24-3 member; and
24-4 (4) any other information required by the comptroller.
24-5 (n) The comptroller may deny or revoke a permit under
24-6 Subsection (m) if false information is submitted on the application
24-7 or on a required fuels tax report or supplement.
24-8 (o) A permit under Subsection (m) may not be assigned.
24-9 (p) The fee imposed under this section expires January 1,
24-10 2000.
24-11 SECTION 11. (a) The change in law made by this Act to
24-12 Section 371.042, Health and Safety Code, applies only to an offense
24-13 committed on or after the effective date of this Act. For purposes
24-14 of this section, an offense is committed before the effective date
24-15 of this Act if any element of the offense occurs before that date.
24-16 (b) An offense committed before the effective date of this
24-17 Act is covered by the law in effect when the offense was committed,
24-18 and the former law is continued in effect for that purpose.
24-19 SECTION 12. (a) Except as provided by Subsection (b) of
24-20 this section, this Act takes effect September 1, 1995.
24-21 (b) Section 371.062(j), Health and Safety Code, as amended
24-22 by this Act, takes effect January 1, 1996.
24-23 SECTION 13. The importance of this legislation and the
24-24 crowded condition of the calendars in both houses create an
24-25 emergency and an imperative public necessity that the
24-26 constitutional rule requiring bills to be read on three several
24-27 days in each house be suspended, and this rule is hereby suspended.