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.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1150 passed the Senate on
May 1, 1997, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1150 passed the House on
May 13, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor