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.