By:  Brown                                            S.B. No. 1954

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to the regulation of used oil filter containers.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Chapter 361, Health and Safety Code, is amended

 1-4     by adding Subchapter T to read as follows:

 1-5                 SUBCHAPTER T.  HANDLING OF USED OIL FILTERS

 1-6           Sec. 361.701.  USED OIL FILTER MANAGEMENT.  A used oil filter

 1-7     may not be intentionally or knowingly placed in or accepted for

 1-8     disposal in a landfill permitted by the commission.

 1-9           Sec. 361.702.  APPLICABILITY.  This subchapter applies to

1-10     persons involved in generating, storing, transporting, handling,

1-11     and processing used oil filters and their components.  Except for

1-12     Sections 361.701 and 361.703(a), this subchapter does not apply to

1-13     industrial generators that are registered with the commission as

1-14     industrial or hazardous waste facilities or that are under the

1-15     waste management jurisdiction of a state agency other than the

1-16     commission.

1-17           Sec. 361.703.  USED OIL FILTER GENERATORS AND COLLECTORS.

1-18     (a)  A person may not generate, collect, transport, process, or

1-19     recycle a used oil filter in a manner that endangers or damages the

1-20     public health or welfare or the environment or intentionally or

1-21     knowingly place a used oil filter containing oil on land.

1-22           (b)  A used oil filter generator may store used oil filters

1-23     on-site in containers that do not in the aggregate have a volume of

 2-1     more than 330 gallons without commission approval and without

 2-2     registering as a storage facility.

 2-3           (c)  A used oil filter collector may store used oil filters

 2-4     on-site in containers that do not in the aggregate have a volume of

 2-5     more than 330 gallons without commission approval and without

 2-6     registering as a storage facility.

 2-7           (d)  The containers to be used in accordance with Subsections

 2-8     (b) and (c) must be securely closed, waterproof, nonleaking, in

 2-9     good condition, and labeled "Used Oil Filters."

2-10           (e)  A person must remove from service or repair any

2-11     container used for storage of used oil filters that is found to be

2-12     leaking or in poor condition.

2-13           SECTION 2.  Section 361.432, Health and Safety Code, is

2-14     repealed.

2-15           SECTION 3.  This Act takes effect September 1, 1997.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.