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.