SRC-TAG H.B. 1765 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 1765
78R10712 MI-FBy: Smith, Wayne (Jackson)
Natural Resources
5/15/2003
Engrossed


DIGEST AND PURPOSE 

Current Texas law  requires a demonstration of financial assurance by
certain transporters of waste materials.  For example, used oil
transporters and medical waste transporters are required to maintain
financial assurance under Texas Commission on Environmental Quality rules.
However, under current law, grit waste and grease trap waste transporters
are not required to maintain financial assurance.  H.B. 1765 addresses
this issue by mandating financial assurance as a condition of issuing a
permit or registration for the collection, transportation, or processing
of grit trap waste or grease trap waste. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 361.085, Health and Safety Code, by adding
Subsections (k) and (l), as follows: 

(k)  Authorizes the Texas Commission on Environmental Quality (TCEQ) to
require financial assurance as a condition of issuing a permit or
registration for the collection, transportation, or processing of grit
trap waste or grease trap waste.  Requires the amount of financial
assurance required to be consistent with the degree and duration of risk
associated with the type of waste authorized to be collected, transported,
or processed.   

(l)  Provides that if TCEQ requires financial assurance as a condition of
a permit or registration under Subsection (k), provision of that financial
assurance also satisfies any requirement for financial assurance under
Chapter 368. 

SECTION 2.  Effective date: September 1, 2003.