1-1     By:  Brown                                             S.B. No. 689
 1-2           (In the Senate - Filed February 13, 2001; February 15, 2001,
 1-3     read first time and referred to Committee on Natural Resources;
 1-4     February 21, 2001, reported favorably by the following vote:  Yeas
 1-5     4, Nays 0; February 21, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the definition of hazardous waste.
 1-9           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10           SECTION 1.  Subdivision (12), Section 361.003, Health and
1-11     Safety Code, is amended to read as follows:
1-12                 (12)  "Hazardous waste" means a solid waste, or a
1-13     combination of solid wastes, which:
1-14                       (A)  because of its quantity, concentration, or
1-15     physical, chemical, or infectious characteristics may:
1-16                             (i)  cause or significantly contribute to
1-17     an increase in mortality or an increase in serious irreversible, or
1-18     incapacitating reversible, illness; or
1-19                             (ii)  pose a substantial present or
1-20     potential hazard to human health or the environment when improperly
1-21     treated, stored, transported, or disposed of or otherwise managed;
1-22     and
1-23                       (B)  is identified by the commission as a
1-24     hazardous waste by rule, provided that the rules implementing this
1-25     subdivision shall be consistent with, and not more stringent than
1-26     necessary to maintain state program authorization under,
1-27     [identified or listed as a hazardous waste by the administrator of
1-28     the United States Environmental Protection Agency under the federal
1-29     Solid Waste Disposal Act, as amended by] the Resource Conservation
1-30     and Recovery Act of 1976, as amended (42 U.S.C. Section 6901 et
1-31     seq.).
1-32           SECTION 2.  Subdivision (1), Section 91.601, Natural
1-33     Resources Code, is amended to read as follows:
1-34                 (1)  "Oil and gas hazardous waste" means an oil and gas
1-35     waste, or a combination of oil and gas wastes, which:
1-36                       (A)  because of its quantity, concentration, or
1-37     physical, chemical, or infectious characteristics may:
1-38                             (i)  cause or significantly contribute to
1-39     an increase in mortality or an increase in serious irreversible, or
1-40     incapacitating reversible, illness; or
1-41                             (ii)  pose a substantial present or
1-42     potential hazard to human health or the environment when improperly
1-43     treated, stored, transported, or disposed of or otherwise managed;
1-44     and
1-45                       (B)  is identified by the commission as a
1-46     hazardous waste by rule, provided that the rules implementing this
1-47     subdivision shall be consistent with, and not more stringent than
1-48     necessary to obtain or maintain state program authorization under,
1-49     [that is a hazardous waste as defined by the administrator of the
1-50     United States Environmental Protection Agency under the federal
1-51     Solid Waste Disposal Act, as amended by] the Resource Conservation
1-52     and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.), as
1-53     amended.
1-54           SECTION 3.  This Act takes effect immediately if it receives
1-55     a vote of two-thirds of the members elected to each house, as
1-56     provided by Section 39, Article III, Texas Constitution.  If this
1-57     Act does not receive the vote necessary for immediate effect, this
1-58     Act takes effect September 1, 2001.
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