HBA-KDB H.B. 1897 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1897
By: Turner, Sylvester
Environmental Regulation
3/29/2001
Introduced



BACKGROUND AND PURPOSE 

Current law does not expressly address violations relating to the handling
of used oil by persons other than an individual, such as a corporation.  As
a result, the maximum criminal penalty that can be assessed against an
indicted corporation is a fine in the amount of $20,000.  Whereas, the
maximum fine that can be assessed against an individual is $50,000.  House
Bill 1897 establishes a criminal penalty for a person other than an
individual that violates provisions relating to the handling of used oil. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1897 amends the Water Code to provide that a person commits an
offense if the person knowingly discharges used oil into a sewer, drainage
system, septic tank, surface water or groundwater, watercourse, or marine
water and knowingly, instead of 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.  A person other than an
individual that commits an offense involving handling of used oil is
subject to a fine of not less than $1,000 or more than $250,000.  If it is
shown on the trial of the defendant that the defendant has been previously
convicted of such an offense, the offense is punishable by a fine of not
less than $2,000 or more than $500,000. 

EFFECTIVE DATE

September 1, 2001.