By:  Armbrister                                                   S.B. No. 1297
	(In the Senate - Filed March 9, 2005; March 21, 2005, read 
first time and referred to Committee on Natural Resources; 
April 6, 2005, reported favorably by the following vote:  Yeas 7, 
Nays 0; April 6, 2005, sent to printer.)

A BILL TO BE ENTITLED
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. 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 sewer, drainage system, septic tank, surface water or groundwater, 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; (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.
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