By Walker H.B. No. 3221
Substitute the following for H.B. No. 3221:
By Jackson C.S.H.B. No. 3221
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to registration and reporting requirements for certain
1-3 persons who handle used oil.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 371.026, Health and Safety Code, is
1-6 amended to read as follows:
1-7 Sec. 371.026. REGISTRATION OF USED OIL HANDLERS OTHER THAN
1-8 GENERATORS. (a) The commission shall adopt rules governing
1-9 registration and reporting of used oil handlers other than
1-10 generators. The rules shall require that a used oil handler other
1-11 than a generator:
1-12 (1) register [
biennially] with the commission;
1-13 (2) [ report annually the sources of used oil handled
1-14 during the preceding year, the quantity of used oil received, the
1-15 date of receipt, and the destination or end use of the used oil;]
1-16 [ (3)] provide evidence of familiarity with applicable
1-17 state laws and rules and management procedures applicable to used
1-18 oil handling; and
1-19 (3) [ (4)] provide proof of liability insurance or
1-20 other evidence of financial responsibility for any liability that
1-21 may be incurred in handling used oil.
1-22 (b) Subsection (a)(3) does not apply to:
1-23 (1) a used oil generator, regardless of whether the
1-24 person would otherwise be a used oil handler; or
2-1 (2) a person who is owned or controlled by or under
2-2 common ownership or control with a used oil generator.
2-3 (c) A used oil processor or rerefiner must report to the
2-4 commission by letter not later than December 1 of each odd-numbered
2-5 year on:
2-6 (1) the quantity of used oil accepted for processing
2-7 or rerefining in the preceding biennium; and
2-8 (2) the specific process by which the used oil was
2-9 processed or rerefined.
2-10 (d) The commission by rule shall adopt reasonable management
2-11 and safety standards for the handling of used oil.
2-12 (e) [ (c)] The commission may impose a registration fee in an
2-13 amount sufficient to cover the actual cost of registering used oil
2-14 handlers other than generators.
2-15 (f) [ (d)] A used oil transporter may consolidate or
2-16 aggregate loads of used oil for purposes of transportation but may
2-17 not process used oil, except that a used oil transporter may
2-18 conduct incidental processing operations, including settling and
2-19 water separation, that occur in the normal course of the
2-20 transportation of used oil but that are not designed to produce, or
2-21 make more amenable for the production of, used-oil-derived products
2-22 or used oil fuel.
2-23 SECTION 2. This Act takes effect September 1, 1997.
2-24 SECTION 3. The importance of this legislation and the
2-25 crowded condition of the calendars in both houses create an
2-26 emergency and an imperative public necessity that the
2-27 constitutional rule requiring bills to be read on three several
3-1 days in each house be suspended, and this rule is hereby suspended.