75R12140 SMH-F                           

         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.


 1-5           SECTION 1.  Section 371.026, Health and Safety Code, is

 1-6     amended to read as follows:


 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.