By:  Brown                                             S.B. No. 689
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the definition of hazardous waste.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Subdivision (12), Section 361.003, Health and
 1-5     Safety Code, is amended to read as follows:
 1-6                 (12)  "Hazardous waste" means a solid waste, or a
 1-7     combination of solid wastes, which:
 1-8                       (A)  because of its quantity, concentration, or
 1-9     physical, chemical, or infectious characteristics may:
1-10                             (i)  cause or significantly contribute to
1-11     an increase in mortality or an increase in serious irreversible, or
1-12     incapacitating reversible, illness; or
1-13                             (ii)  pose a substantial present or
1-14     potential hazard to human health or the environment when improperly
1-15     treated, stored, transported, or disposed of or otherwise managed;
1-16     and
1-17                       (B)  is identified by the commission as a
1-18     hazardous waste by rule, provided that the rules implementing this
1-19     subdivision shall be consistent with, and not more stringent than
1-20     necessary to maintain state program authorization under,
1-21     [identified or listed as a hazardous waste by the administrator of
1-22     the United States Environmental Protection Agency under the federal
1-23     Solid Waste Disposal Act, as amended by] the Resource Conservation
1-24     and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et
1-25     seq.).
 2-1           SECTION 2.  Subdivision (1), Section 91.601, Natural
 2-2     Resources Code, is amended to read as follows:
 2-3                 (1)  "Oil and gas hazardous waste" means an oil and gas
 2-4     waste, or a combination of oil and gas wastes, which:
 2-5                       (A)  because of its quantity, concentration, or
 2-6     physical, chemical, or infectious characteristics may:
 2-7                             (i)  cause or significantly contribute to
 2-8     an increase in mortality or an increase in serious irreversible, or
 2-9     incapacitating reversible, illness; or
2-10                             (ii)  pose a substantial present or
2-11     potential hazard to human health or the environment when improperly
2-12     treated, stored, transported, or disposed of or otherwise managed;
2-13     and
2-14                       (B)  is identified by the commission as a
2-15     hazardous waste by rule, provided that the rules implementing this
2-16     subdivision shall be consistent with, and not more stringent than
2-17     necessary to obtain or maintain state program authorization under,
2-18     [that is a hazardous waste as defined by the administrator of the
2-19     United States Environmental Protection Agency under the federal
2-20     Solid Waste Disposal Act, as amended by] the Resource Conservation
2-21     and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as
2-22     amended.
2-23           SECTION 3.  This Act  takes effect immediately if it receives
2-24     a vote of two-thirds of the members elected to each house, as
2-25     provided by Section 39, Article III, Texas Constitution.  If this
2-26     Act does not receive the vote necessary for immediate effect, this
 3-1     Act takes effect September 1, 2001.