1-1     By:  Shapiro                                          S.B. No. 1195
 1-2           (In the Senate - Filed March 10, 1999; March 11, 1999, read
 1-3     first time and referred to Committee on State Affairs;
 1-4     April 19, 1999, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 7, Nays 0; April, 19, 1999,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR S.B. No. 1195                 By:  Shapiro
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to contracts involving the use of recycled petroleum
1-11     products entered into by the Texas Department of Transportation for
1-12     improvements to state highways and to the retainage of payments
1-13     under those contracts.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Subsection (a), Section 223.010, Transportation
1-16     Code, is amended to read as follows:
1-17           (a)  Five percent of the contract price shall be retained
1-18     until the entire improvement has been completed and accepted,
1-19     except as provided by Section 223.0105(d).
1-20           SECTION 2.  Subchapter A, Chapter 223, Transportation Code,
1-21     is amended by adding Section 223.0105 to read as follows:
1-22           Sec. 223.0105.  CONTRACTS INVOLVING USE OF RECYCLED PETROLEUM
1-23     PRODUCTS.  (a)  In this section, "recycled petroleum product"
1-24     includes any used petroleum product that following its original use
1-25     is reused for any purpose, including the purpose for which the
1-26     petroleum product was originally used.  The term includes a
1-27     petroleum product that is re-refined, reclaimed, burned, or
1-28     reprocessed.
1-29           (b)  The department shall adopt:
1-30                 (1)  standards for determining whether a contract under
1-31     this subchapter shall be required or permitted to involve the use
1-32     of recycled petroleum products; and
1-33                 (2)  specifications as to the types, qualities, and
1-34     quantities of recycled petroleum products that may be involved in a
1-35     contract under this subchapter.
1-36           (c)  A standard or specification adopted by the department
1-37     under this section:
1-38                 (1)  must be reasonable; and
1-39                 (2)  may not permit the use of a recycled petroleum
1-40     product of a type or in a quantity or manner that is a hazard to
1-41     the public health or the environment.
1-42           (d)  Four percent of the contract price shall be retained
1-43     until the entire improvement has been completed and accepted if the
1-44     contract involves the use of one or more recycled petroleum
1-45     products.
1-46           SECTION 3.  (a)  This Act takes effect September 1, 1999.
1-47           (b)  The Texas Department of Transportation shall adopt
1-48     standards and specifications necessary to implement Section
1-49     223.0105, Transportation Code, as added by this Act, no later than
1-50     December 31, 1999.
1-51           SECTION 4.  The importance of this legislation and the
1-52     crowded condition of the calendars in both houses create an
1-53     emergency and an imperative public necessity that the
1-54     constitutional rule requiring bills to be read on three several
1-55     days in each house be suspended, and this rule is hereby suspended.
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