75R16261 E                          

         By Brown                                              S.B. No. 1954

         Substitute the following for S.B. No. 1954:

         By Chisum                                         C.S.S.B. No. 1954

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the regulation of used oil filter containers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 361, Health and Safety Code, is amended

 1-5     by adding Subchapter T to read as follows:

 1-6                 SUBCHAPTER T.  HANDLING OF USED OIL FILTERS

 1-7           Sec. 361.701.  USED OIL FILTER MANAGEMENT.  (a)  A used oil

 1-8     filter may not be intentionally or knowingly placed in or accepted

 1-9     for disposal in a landfill permitted by the commission.  Except as

1-10     provided in this subchapter, a used oil filter shall be managed in

1-11     accordance with the used oil filter management standards in

1-12     Sections 330.1180-330.1189, Title 30, Texas Administrative Code.

1-13           (b)  A person may not generate, collect, transport, process,

1-14     or recycle a used oil filter in a manner that endangers or damages

1-15     the public health or welfare or the environment or intentionally or

1-16     knowingly place a used oil filter containing oil on land.

1-17           Sec. 361.702.  APPLICABILITY.  This subchapter applies to

1-18     persons involved in generating, storing, transporting, handling,

1-19     and processing used oil filters and their components.  Except for

1-20     Section 361.701, this subchapter does not apply to industrial

1-21     generators that are registered with the commission as industrial or

1-22     hazardous waste facilities or that are under the waste management

1-23     jurisdiction of a state agency other than the commission.

1-24           Sec. 361.703.  USED OIL FILTER GENERATORS AND COLLECTORS.

 2-1     (a)  A used oil filter generator may store used oil filters on-site

 2-2     in containers that do not in the aggregate have a volume of more

 2-3     than 330 gallons without commission approval and without

 2-4     registering as a storage facility.  On commission approval, a

 2-5     generator may store more than 330 gallons without registering as a

 2-6     storage facility.

 2-7           (b)  A used oil filter collector may store used oil filters

 2-8     on-site in containers that do not in the aggregate have a volume of

 2-9     more than 330 gallons without commission approval and without

2-10     registering as a storage facility.

2-11           (c)  The containers to be used in accordance with Subsections

2-12     (a) and (b) must be securely closed, waterproof, nonleaking, in

2-13     good condition, and labeled "used oil filters."

2-14           (d)  A person must remove from service, or repair, any

2-15     container used for storage of used oil filters that is found to be

2-16     leaking or in poor condition.

2-17           SECTION 2.  Section 361.432, Health and Safety Code, is

2-18     repealed.

2-19           SECTION 3.  This Act takes effect September 1, 1997.

2-20           SECTION 4.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.