By: Shapiro S.B. No. 1195 A BILL TO BE ENTITLED AN ACT 1-1 relating to contracts involving the use of recycled petroleum 1-2 products entered into by the Texas Department of Transportation for 1-3 improvements to state highways and to the retainage of payments 1-4 under those contracts. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subsection (a), Section 223.010, Transportation 1-7 Code, is amended to read as follows: 1-8 (a) Five percent of the contract price shall be retained 1-9 until the entire improvement has been completed and accepted, 1-10 except as provided by Section 223.0105(d). 1-11 SECTION 2. Subchapter A, Chapter 223, Transportation Code, 1-12 is amended by adding Section 223.0105 to read as follows: 1-13 Sec. 223.0105. CONTRACTS INVOLVING USE OF RECYCLED PETROLEUM 1-14 PRODUCTS. (a) In this section, "recycled petroleum product" 1-15 includes any used petroleum product that following its original use 1-16 is reused for any purpose, including the purpose for which the 1-17 petroleum product was originally used. The term includes a 1-18 petroleum product that is re-refined, reclaimed, burned, or 1-19 reprocessed. 1-20 (b) The department shall adopt: 1-21 (1) standards for determining whether a contract under 1-22 this subchapter shall be required or permitted to involve the use 1-23 of recycled petroleum products; and 1-24 (2) specifications as to the types, qualities, and 2-1 quantities of recycled petroleum products that may be involved in a 2-2 contract under this subchapter. 2-3 (c) A standard or specification adopted by the department 2-4 under this section: 2-5 (1) must be reasonable; and 2-6 (2) may not permit the use of a recycled petroleum 2-7 product of a type or in a quantity or manner that is a hazard to 2-8 the public health or the environment. 2-9 (d) Four percent of the contract price shall be retained 2-10 until the entire improvement has been completed and accepted if the 2-11 contract involves the use of one or more recycled petroleum 2-12 products. 2-13 SECTION 3. (a) This Act takes effect September 1, 1999. 2-14 (b) The Texas Department of Transportation shall adopt 2-15 standards and specifications necessary to implement Section 2-16 223.0105, Transportation Code, as added by this Act, no later than 2-17 December 31, 1999. 2-18 SECTION 4. The importance of this legislation and the 2-19 crowded condition of the calendars in both houses create an 2-20 emergency and an imperative public necessity that the 2-21 constitutional rule requiring bills to be read on three several 2-22 days in each house be suspended, and this rule is hereby suspended.