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.