S.B. No. 1297




AN ACT

relating to the elements of the criminal offense of discharging 
used oil into water in the state.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (a), Section 7.147, Water Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person discharges or 
allows the discharge of any waste or pollutant into any water in the 
state that causes or threatens to cause water pollution unless the 
waste or pollutant:
		(1)  is discharged in strict compliance with all 
required permits or with a valid and currently effective order 
issued or rule adopted by the appropriate regulatory agency; or
		(2)  consists of used oil and the concentration of used 
oil in the waste stream resulting from the discharge as it enters 
water in the state is less than 15 parts per million following the 
discharge and the person is authorized to discharge storm water 
under a general permit issued under Section 26.040.
	SECTION 2.  Subsection (a), Section 7.176, Water Code, is 
amended to read as follows:
	(a)  A person commits an offense if the person:                                
		(1)  intentionally discharges used oil into:                           
			(A)  a sewer or[, drainage system,] septic tank; 
or
			(B)  a drainage system, surface water or 
groundwater, a watercourse, or marine water unless the 
concentration of used oil in the waste stream resulting from the 
discharge as it enters water in the state is less than 15 parts per 
million following the discharge and the person is authorized to 
discharge storm water under a general permit issued under Section 
26.040;
		(2)  knowingly mixes or commingles used oil with solid 
waste that is to be disposed of in landfills or directly disposes of 
used oil on land or in landfills, unless the mixing or commingling 
of used oil with solid waste that is to be disposed of in landfills 
is incident to and the unavoidable result of the mechanical 
shredding of motor vehicles, appliances, or other items of scrap, 
used, or obsolete metals;
		(3)  knowingly transports, treats, stores, disposes 
of, recycles, causes to be transported, or otherwise handles any 
used oil within the state:
			(A)  in violation of standards or rules for the 
management of used oil; or 
			(B)  without first complying with the 
registration requirements of Chapter 371, Health and Safety Code, 
and rules adopted under that chapter;
		(4)  intentionally applies used oil to roads or land 
for dust suppression, weed abatement, or other similar uses that 
introduce used oil into the environment;
		(5)  violates an order of the commission to cease and 
desist an activity prohibited by this section or a rule applicable 
to a prohibited activity; or
		(6)  intentionally makes a false statement or 
representation in an application, label, manifest, record, report, 
permit, or other document filed, maintained, or used for purposes 
of program compliance.
	SECTION 3.  (a)  The changes in law made by this Act apply 
only to an offense committed on or after the effective date of this 
Act.  For purposes of this section, an offense is committed before 
the effective date of this Act if any element of the offense occurs 
before that date.
	(b)  An offense committed before the effective date of this 
Act is covered by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 4.  This Act takes effect September 1, 2005.                           

                                                                              




______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 1297 passed the Senate on 
April 19, 2005, by the following vote:  Yeas 29, Nays 0; 
May 26, 2005, Senate refused to concur in House amendment and 
requested appointment of Conference Committee; May 27, 2005, House 
granted request of the Senate; May 29, 2005, Senate adopted 
Conference Committee Report by the following vote:  Yeas 30, 
Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 1297 passed the House, with 
amendment, on May 25, 2005, by a non-record vote; May 27, 2005, 
House granted request of the Senate for appointment of Conference 
Committee; May 29, 2005, House adopted Conference Committee Report 
by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
           Date



______________________________ 
          Governor