By Walker                                       H.B. No. 3221

      75R8837 SMH-F                           

                                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 consistent with and not more

1-22     stringent than the used oil management standards under the Resource

1-23     Conservation and Recovery Act of 1976 (42 U.S.C. Section 6901 et

1-24     seq.).

 2-1           (b)  A used oil processor or rerefiner must report to the

 2-2     commission by letter not later than March 1 of each even-numbered

 2-3     year on:

 2-4                 (1)  the quantity of used oil accepted for processing

 2-5     or rerefining in the preceding biennium; and

 2-6                 (2)  the specific process by which the used oil was

 2-7     processed or rerefined.

 2-8           (c)  The commission by rule shall adopt reasonable management

 2-9     and safety standards for the handling of used oil.

2-10           (d) [(c)]  The commission may impose a registration fee in an

2-11     amount sufficient to cover the actual cost of registering used oil

2-12     handlers other than generators.

2-13           (e) [(d)]  A used oil transporter may consolidate or

2-14     aggregate loads of used oil for purposes of transportation but may

2-15     not process used oil, except that a used oil transporter may

2-16     conduct incidental processing operations, including settling and

2-17     water separation, that occur in the normal course of the

2-18     transportation of used oil but that are not designed to produce, or

2-19     make more amenable for the production of, used-oil-derived products

2-20     or used oil fuel.

2-21           SECTION 2.  This Act takes effect September 1, 1997.

2-22           SECTION 3.  The importance of this legislation and the

2-23     crowded condition of the calendars in both houses create an

2-24     emergency and an imperative public necessity that the

2-25     constitutional rule requiring bills to be read on three several

2-26     days in each house be suspended, and this rule is hereby suspended.