1-1     By:  Nixon                                            S.B. No. 1150

 1-2           (In the Senate - Filed March 11, 1997; March 13, 1997, read

 1-3     first time and referred to Committee on Natural Resources;

 1-4     April 22, 1997, reported adversely, with favorable Committee

 1-5     Substitute by the following vote:  Yeas 8, Nays 0; April 22, 1997,

 1-6     sent to printer.)

 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1150                   By:  Nixon

 1-8                            A BILL TO BE ENTITLED

 1-9                                   AN ACT

1-10     relating to registration and reporting requirements pursuant to the

1-11     collection, management, and recycling of used oil.

1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-13           SECTION 1.  Section 371.026, Health and Safety Code, is

1-14     amended by amending the section heading and Subsection (a) to read

1-15     as follows:

1-16           Sec. 371.026.  REGISTRATION AND REPORTING REQUIREMENTS OF

1-17     USED OIL HANDLERS OTHER THAN GENERATORS.  (a)  The commission shall

1-18     adopt rules governing registration and reporting of used oil

1-19     handlers other than generators.  The rules shall require that:

1-20                 (1)  a used oil handler other than a generator:

1-21                       (A) [(1)]  register [biennially] with the

1-22     commission;

1-23                       (B) [(2)  report annually the sources of used oil

1-24     handled during the preceding year, the quantity of used oil

1-25     received, the date of receipt, and the destination or end use of

1-26     the used oil;]

1-27                 [(3)]  provide evidence of familiarity with applicable

1-28     state laws and rules and management procedures applicable to used

1-29     oil handling; and

1-30                       (C) [(4)]  provide proof of liability insurance

1-31     or other evidence of financial responsibility for any liability

1-32     that may be incurred in handling used oil, except that this

1-33     provision does not apply to a used oil handler which is owned or

1-34     otherwise effectively controlled by the owners or operators where

1-35     the used oil is generated; and

1-36                 (2)  a used oil processor or rerefiner must report to

1-37     the commission, in the form of a letter on a biennial basis by

1-38     December 1 of each odd-numbered year, the calendar year covered by

1-39     the report and the quantities of used oil accepted for processing

1-40     or rerefining and the manner in which the used oil is processed or

1-41     rerefined, including the specific processes employed.

1-42           SECTION 2.  This Act takes effect September 1, 1997.

1-43           SECTION 3.  The importance of this legislation and the

1-44     crowded condition of the calendars in both houses create an

1-45     emergency and an imperative public necessity that the

1-46     constitutional rule requiring bills to be read on three several

1-47     days in each house be suspended, and this rule is hereby suspended.

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