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.