By: Nixon S.B. No. 1150
97S0768/1
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 and used oil
1-3 filters.
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 by amending the section heading and Subsection (a) to read
1-7 as follows:
1-8 Sec. 371.026. REGISTRATION AND REPORTING REQUIREMENTS OF
1-9 USED OIL HANDLERS OTHER THAN GENERATORS.
1-10 (a) The commission shall adopt rules governing registration
1-11 and reporting of used oil handlers other than generators. The
1-12 rules shall require that:
1-13 (1) a used oil handler other than a generator:
1-14 (A) [(1)] register [biennially] with the
1-15 commission;
1-16 (B) [(2) report annually the sources of used oil
1-17 handled during the preceding year, the quantity of used oil
1-18 received, the date of receipt, and the destination or end use of
1-19 the used oil;]
1-20 [(3)] provide evidence of familiarity with applicable
1-21 state laws and rules and management procedures applicable to used
1-22 oil handling; and
1-23 (C) [(4)] provide proof of liability insurance
2-1 or other evidence of financial responsibility for any liability
2-2 that may be incurred in handling used oil consistent with and not
2-3 more stringent than the used oil management standards under the
2-4 Resource Conservation and Recovery Act of 1976 (42 U.S.C. Section
2-5 6901 et seq.); and
2-6 (2) a used oil processor or rerefiner must report to
2-7 the commission, in the form of a letter on a biennial basis by
2-8 March 1 of each even-numbered year, the calendar year covered by
2-9 the report and the quantities of used oil accepted for processing
2-10 or rerefining and the manner in which the used oil is processed or
2-11 rerefined, including the specific processes employed.
2-12 SECTION 2. This Act takes effect September 1, 1997.
2-13 SECTION 3. The importance of this legislation and the
2-14 crowded condition of the calendars in both houses create an
2-15 emergency and an imperative public necessity that the
2-16 constitutional rule requiring bills to be read on three several
2-17 days in each house be suspended, and this rule is hereby suspended.