Office of House Bill AnalysisH.B. 2619
By: Ramsay
Environmental Regulation


Texas adopted a used oil filter landfill ban in 1995 to facilitate the
recycling of used oil filters. Currently, there are no statutory provisions
concerning used oil filter management standards.   The Texas Natural
Resource Conservation Commission has had regulations in place regulating
the recycling of used oil filters since 1993.  Concerns have been raised
that the regulations are burdensome and that it is difficult to comply with

H.B. 2619 provides standards concerning time limits for transporting,
storage, and processing of used oil filters.  This bill also prohibits the
discharge of used oil into the soil or water and the placement of a used
oil filter containing oil on land.  Furthermore, this bill subjects a
person who violates a provision of this act to civil and administrative


It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Texas Natural Resource Conservation
Commission in SECTION 1 (Section 371.109, Health and Safety Code) and
SECTION 2 of this bill. 


SECTION 1.  Amends Chapter 371, Health and Safety Code, by adding
Subchapter E, as follows: 


Sec.  371.101.  DEFINITIONS.  Defines "bill of lading," "component parts,"
"generator," "oil filter," "process," "processor," "store," "storage
facility," "transporter," and "used oil filter." 

Sec.  371.102.  APPLICABILITY.  (a) Sets forth that this chapter does not
apply to a prescribed type of  industrial generator, or a used oil filter
that has been separated into its component parts, except as provided by
Subsection (b). 

(b) Sets forth that certain filters may be transported to, stored by, or
processed by a registered processor only in compliance with applicable

Sec.  371.103.  GENERAL REQUIREMENTS.  Prohibits a person from storing,
processing, or disposing of a used oil filter in a manner that results in
the discharge of oil into soil or water.  Prohibits a person from knowingly
placing on land a used oil filter that contains oil. 

Sec.  371.104.  REGISTRATION AND REPORTING.  Prohibits a transporter or
processor from storing, processing, or disposing of used oil filters unless
the person is registered with the Texas Natural Resource Conservation
Commission (commission).  Prohibits a person from storing oil filters that
in the aggregate have a volume greater than six 55-gallon drums unless the
person is registered with the commission as a storage facility.  Requires a
registered transporter, storage facility, or processor to: 
_renew the registration biennially; and,
_report to the commission biennially:
 _the number of used oil filters the person transported, stored, or
processed in the previous two years; and  
_any other information commission rules require.

Sec.  371.105.  SHIPMENT RECORDS.  Provides that each shipment of used oil
filters must be accompanied by a bill of lading that conforms to commission
rules.  Provides that, in accordance with the commission rules, a copy of
the bill of lading must be maintained by the generator, transporter,
storage facility, and processor of the filters for at least three years
after the date the filters were transported, stored, or processed.
Provides that the bill of lading must be made available for the commission
to inspect at any reasonable time. 

Sec.  371.106.  LIMITATIONS ON STORAGE.  Prohibits a storage facility from
storing a used oil filter for more than 90 days.  Prohibits a transporter
from storing a used oil filter for more than 10 days.  Prohibits a
processor from storing a used oil filter for more than 30 days before it is

Sec.  371.107.  VARIANCES.  Authorizes the commission to grant an
individual variance to allow a facility to store used oil filters in
greater volume or for a longer period than prescribed herein.  Prohibits
the commission from granting a variance under this section for a period
longer than two years. 

Sec.  371.108.  SPILL PREVENTION AND CONTROL.  Requires each registered
storage facility and each facility of a registered processor to develop a
plan to prevent spills and respond to spills.  Provides that the plan must
be approved by the commission. 

Sec.  371.109.  FINANCIAL RESPONSIBILITY.  Requires the commission to adopt
rules requiring a person required to register under Section 371.104 to
demonstrate adequate financial responsibility. 

Sec.  371.110.  CIVIL AND ADMINISTRATIVE PENALTIES.  Subjects a person to
liability for a civil penalty of not less than $100 or more than $500 for
each violation and for each day of a continuing violation notwithstanding
Sections 7.052 (Maximum Penalty) and 7.102 (Maximum Penalty), Water Code.
Authorizes the commission or the attorney general at the request of the
commission to bring suit under Subchapter D (Civil Penalties), Chapter 7,
Water Code, to recover the penalty.  Authorizes a local government with
jurisdiction over the area in which the violation occurred to bring suit to
recover the penalty.  Requires the Texas comptroller of public accounts
(comptroller) to deposit the state's share of the penalty provided by
Section 7.107 (Division of Civil Penalty), Water Code, to the credit of the
used oil recycling fund.  Subjects a violation described in this section to
administrative penalty. Authorizes the commission to recover the
administrative penalty in a proceeding conducted as provided by Subchapter
C (Administrative Penalties), Chapter 7, Water Code. 

SECTION 2.  (a) Effective date: September 1, 1999, except as provided by
Subsection (b) of this section. 

(b) Provides that the following provisions take effect January 1, 2000:

(1) Sections 371.104-371.106, Health and Safety Code, as added by this Act;

(2) Section 371.110, Health and Safety Code, as added by this Act.

(c) Requires the commission to adopt rules so that the commission may begin
enforcement of Sections 371.104-371.106 on the date those sections take

(d) Provides that for the purposes of Section 371.106, Health and Safety
Code, as added by this Act, the period of storage of a used oil filter that
on January 1, 2000, is being stored by a person described by that section
begins on January 1, 2000, regardless of the date the storage of the oil
filter began. 

SECTION 3.  Emergency clause.