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. 1-56 * * * * *