79R4984 JTS-D

By:  Armbrister                                                   S.B. No. 1299



A BILL TO BE ENTITLED

AN ACT

relating to an exception to the prohibition against commingling 
used oil with solid waste if the commingling is incident to the 
dismantling of scrap, used, or obsolete metals.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Sections 7.176(a) and (c), Water Code, are 
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;
		(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 dismantling or 
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.
	(c)  It is an exception to the application of Subsection 
(a)(2) that 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 dismantling or mechanical shredding of 
motor vehicles, appliances, or other items of scrap, used, or 
obsolete metals.
	SECTION 2.  (a)  The change in law made by this Act applies 
only to an offense committed on or after the effective date of this 
Act.  For the 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 governed by the law in effect when the offense was committed, 
and the former law is continued in effect for that purpose.
	SECTION 3.  This Act takes effect September 1, 2005.