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