SRC-CDH S.B. 1150 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1150
By: Nixon
Natural Resources
4-9-97
As Filed


DIGEST 

Currently, the Texas Natural Resource Conservation Commission (TNRCC) has
processor/rerefiner and transporter reporting and registration
requirements for used oil that are more stringent than federal
regulations, and which are burdensome for the regulated community and
TNRCC, both of which have limited resources.  During the 74th Legislative
Session, a bill was passed which enabled TNRCC to apply for delegation of
the federal Used Oil Management Program.  S.B. 1150 changes certain
registration, reporting, and financial assurance requirements so that they
are consistent with existing federal requirements for the recycling of
used oil. 
  
PURPOSE

As proposed, S.B. 1150 establishes registration and reporting requirements
pursuant to the collection, management, and recycling of used oil and used
oil filters.  

RULEMAKING AUTHORITY

Rulemaking authority is granted to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 371.026(a), Health and Safety Code) of
this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 371.026, Health and Safety Code, by amending
Subsection (a), as follows: 

Sec. 371.026.  New heading:  REGISTRATION AND REPORTING REQUIREMENTS OF
USED OIL HANDLERS OTHER THAN GENERATORS.  Requires the Texas Natural
Resource Conservation Commission (commission) to adopt rules governing
registration and reporting of certain used oil handlers which require that
a used oil handler other than a generator provide proof of liability
insurance or other evidence of financial responsibility for any liability
that may be incurred in handling used oil consistent with and not more
stringent than the used oil management standards under the Resource
Conservation and Recovery Act of 1976; and that a used oil processor or
rerefiner must report to the commission on certain issues by a certain
date.  Deletes the provision requiring the rules to require a used oil
handler other than a generator to register biennially and report annually
on certain issues.  Makes conforming changes. 

SECTION 2. Effective date:  September 1, 1997.

SECTION 3. Emergency clause.