By Turner of Harris H.B. No. 1897
77R5245 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the criminal penalty for violations relating to
1-3 handling used oil.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 7.176, Water Code, is amended by amending
1-6 Subsections (a) and (d) and adding Subsection (e) to read as
1-7 follows:
1-8 (a) A person commits an offense if the person:
1-9 (1) intentionally or knowingly discharges used oil
1-10 into a sewer, drainage system, septic tank, surface water or
1-11 groundwater, watercourse, or marine water;
1-12 (2) knowingly mixes or commingles used oil with solid
1-13 waste that is to be disposed of in landfills or knowingly
1-14 [directly] disposes of used oil on land or in landfills, unless the
1-15 mixing or commingling of used oil with solid waste that is to be
1-16 disposed of in landfills is incident to and the unavoidable result
1-17 of the mechanical shredding of motor vehicles, appliances, or other
1-18 items of scrap, used, or obsolete metals;
1-19 (3) knowingly transports, treats, stores, disposes of,
1-20 recycles, causes to be transported, or otherwise handles any used
1-21 oil within the state:
1-22 (A) in violation of standards or rules for the
1-23 management of used oil; or
1-24 (B) without first complying with the
2-1 registration requirements of Chapter 371, Health and Safety Code,
2-2 and rules adopted under that chapter;
2-3 (4) intentionally applies used oil to roads or land
2-4 for dust suppression, weed abatement, or other similar uses that
2-5 introduce used oil into the environment;
2-6 (5) violates an order of the commission to cease and
2-7 desist an activity prohibited by this section or a rule applicable
2-8 to a prohibited activity; or
2-9 (6) intentionally makes a false statement or
2-10 representation in an application, label, manifest, record, report,
2-11 permit, or other document filed, maintained, or used for purposes
2-12 of program compliance.
2-13 (d) Except as provided by this subsection, an offense under
2-14 this section is punishable for an individual under Section
2-15 7.187(1)(B) or Section 7.187(2)(F), or both. If it is shown on the
2-16 trial of the defendant that the defendant has been previously
2-17 convicted of an offense under this section, the offense is
2-18 punishable under Section 7.187(1)(C) or Section 7.187(2)(H) or
2-19 both.
2-20 (e) Except as provided by this subsection, an offense under
2-21 this section is punishable for a person other than an individual
2-22 under Section 7.187(1)(D). If it is shown on the trial of the
2-23 defendant that the defendant has been previously convicted of an
2-24 offense under this section, the offense is punishable under Section
2-25 7.187(1)(E).
2-26 SECTION 2. (a) This Act takes effect September 1, 2001.
2-27 (b) The change in law made by this Act applies only to an
3-1 offense committed on or after September 1, 2001. For purposes of
3-2 this section, an offense is committed before September 1, 2001, if
3-3 any element of the offense occurs before that date. An offense
3-4 committed before the effective date of this Act is covered by the
3-5 law in effect on the date the offense occurs, and the former law is
3-6 continued in effect for that purpose.