By:  Nixon                                            S.B. No. 1150

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to registration and reporting requirements pursuant to the

 1-2     collection, management, and recycling of used oil.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 371.026, Health and Safety Code, is

 1-5     amended by amending the section heading and Subsection (a) to read

 1-6     as follows:

 1-7           Sec. 371.026.  REGISTRATION AND REPORTING REQUIREMENTS OF

 1-8     USED OIL HANDLERS OTHER THAN GENERATORS.  (a)  The commission shall

 1-9     adopt rules governing registration and reporting of used oil

1-10     handlers other than generators.  The rules shall require that:

1-11                 (1)  a used oil handler other than a generator:

1-12                       (A) [(1)]  register [biennially] with the

1-13     commission;

1-14                       (B) [(2)  report annually the sources of used oil

1-15     handled during the preceding year, the quantity of used oil

1-16     received, the date of receipt, and the destination or end use of

1-17     the used oil;]

1-18                 [(3)]  provide evidence of familiarity with applicable

1-19     state laws and rules and management procedures applicable to used

1-20     oil handling; and

1-21                       (C) [(4)]  provide proof of liability insurance

1-22     or other evidence of financial responsibility for any liability

1-23     that may be incurred in handling used oil, except that this

 2-1     provision does not apply to a used oil handler which is owned or

 2-2     otherwise effectively controlled by the owners or operators where

 2-3     the used oil is generated; and

 2-4                 (2)  a used oil processor or rerefiner must report to

 2-5     the commission, in the form of a letter on a biennial basis by

 2-6     December 1 of each odd-numbered year, the calendar year covered by

 2-7     the report and the quantities of used oil accepted for processing

 2-8     or rerefining and the manner in which the used oil is processed or

 2-9     rerefined, including the specific processes employed.

2-10           SECTION 2.  This Act takes effect September 1, 1997.

2-11           SECTION 3.  The importance of this legislation and the

2-12     crowded condition of the calendars in both houses create an

2-13     emergency and an imperative public necessity that the

2-14     constitutional rule requiring bills to be read on three several

2-15     days in each house be suspended, and this rule is hereby suspended.