SRC-SEW S.B. 689 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 689
elliot.hwdefBy: Brown, J. E. "Buster"
Natural Resources
2/16/2001
As Filed


DIGEST AND PURPOSE 

Under current law, the state and federal definitions of a hazardous waste
are not equivalent.  This difference compromises the state's ability to
operate the federal regulatory program delegated to the state, imposes
potentially inconsistent state and federal requirements on regulated
entities, and results in gaps in enforcement authority.  As proposed, S.B.
689 incorporates into the state statute the federal criteria for defining a
hazardous waste and establishes the authority of the Texas Natural Resource
Conservation Commission to define hazardous waste by rule, consistent with,
but not more stringent than any federal definition. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 1 (Section 361.003, Health and Safety
Code) and to the Railroad Commission of Texas in SECTION 2 (Section 91.601,
Natural Resources Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subdivision (12), Section 361.003, Health and Safety
Code, to redefine "hazardous waste," referring to rulemaking authority
already awarded to the Texas Natural Resource Conservation Commission. 

SECTION 2.  Amends Subdivision (1), Section 91.601, Natural Resources Code,
to redefine "oil and gas hazardous waste," referring to rulemaking
authority already awarded to the Railroad Commission of Texas. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.