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.