By:  Greenberg                                        H.B. No. 2652
       73R5259 CBH-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to water quality and the water quality assurance revolving
    1-3  fund.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5        SECTION 1.  Chapter 15, Water Code, is amended by adding
    1-6  Subchapter M to read as follows:
    1-7          SUBCHAPTER M.  ASSISTANCE TO POLITICAL SUBDIVISIONS
    1-8                           FOR WATER QUALITY
    1-9        Sec. 15.901.  DEFINITIONS.  In this subchapter:
   1-10              (1)  "Environmentally hazardous products" means:
   1-11                    (A)  motor oil, motor oil additives, and motor
   1-12  oil filters;
   1-13                    (B)  gasoline or diesel fuel additives marketed
   1-14  in separate containers for ultimate consumer use;
   1-15                    (C)  degreasers other than soap or dishwashing
   1-16  and laundry detergents;
   1-17                    (D)  household and automotive paints, other than
   1-18  latex paints;
   1-19                    (E)  stains, lacquers, and varnishes, other than
   1-20  latex-based stains, lacquers, or varnishes;
   1-21                    (F)  petroleum-based thinners and strippers;
   1-22                    (G)  nonagricultural pesticides, fungicides,
   1-23  herbicides, and rodenticides;
   1-24                    (H)  drain and septic tank cleaners;
    2-1                    (I)  oven cleaners; and
    2-2                    (J)  petroleum-based spot and stain removers.
    2-3              (2)  "Fund" means the Texas water quality assurance
    2-4  revolving fund.
    2-5              (3)  "Manufacturer" means a person who manufactures in
    2-6  this state or imports environmentally hazardous products.
    2-7        Sec. 15.902.  FUND.  (a)  A special revolving fund is
    2-8  established outside the state treasury to be known as the Texas
    2-9  water quality assurance revolving fund.
   2-10        (b)  The fund consists of:
   2-11              (1)  fees imposed on manufacturers of certain
   2-12  environmentally hazardous products under Section 15.904 of this
   2-13  code;
   2-14              (2)  money the legislature appropriates to the fund;
   2-15              (3)  private contributions; and
   2-16              (4)  depository interest and investment income earned
   2-17  on amounts in the fund.
   2-18        (c)  The board shall administer the fund in the same manner
   2-19  the board administers the plumbing loan fund under Sections 15.732
   2-20  and 15.733 of this code, but the fund may be used only to provide
   2-21  financial assistance to political subdivisions of this state for:
   2-22              (1)  water pollution control and abatement; and
   2-23              (2)  development of a new water supply.
   2-24        (d)  The board may use the fund only:
   2-25              (1)  to make loans to political subdivisions;
   2-26              (2)  to make grants to political subdivisions; and
   2-27              (3)  as a source of revenue or security for the payment
    3-1  of the principal of and interest on revenue bonds issued by the
    3-2  board if the proceeds of the sale of those bonds will be deposited
    3-3  in the fund.
    3-4        (e)  The board may require a grant recipient to match a grant
    3-5  in a ratio determined by the board.
    3-6        Sec. 15.903.  REVENUE BONDS.  The board may issue revenue
    3-7  bonds to provide money for the fund.  The board shall issue the
    3-8  bonds in the same manner and using the same procedures the board
    3-9  uses to issue revenue bonds under Subchapter I, Chapter 17, of this
   3-10  code.
   3-11        Sec. 15.904.  FEE ON CERTAIN ENVIRONMENTALLY HAZARDOUS
   3-12  PRODUCTS.  (a)  Quarterly, a manufacturer shall pay to the
   3-13  comptroller a fee equal to two percent of the proceeds of sales in
   3-14  this state of environmentally hazardous products.
   3-15        (b)  The manufacturer shall file a report with the
   3-16  remittance.  The report and remittance are due not later than the
   3-17  20th day after the end of the calendar quarter.
   3-18        (c)  The comptroller shall adopt rules necessary for the
   3-19  administration, collection, reporting, and payment of the fees
   3-20  imposed under this section.
   3-21        (d)  A manufacturer who does not file a report as provided by
   3-22  this section or who does not remit a fee imposed under this section
   3-23  at the time and in the manner required by this section and the
   3-24  rules of the comptroller shall pay a penalty of five percent of the
   3-25  amount of the fee due and payable.  If the manufacturer does not
   3-26  file the report or pay the fee before the 30th day after the date
   3-27  on which the fee or report is due, the manufacturer shall pay a
    4-1  penalty of an additional five percent of the amount of the fee due
    4-2  and payable.
    4-3        (e)  Except as provided by this section, the provisions of
    4-4  Chapters 111-113, Tax Code, apply to the administration, payment,
    4-5  collection, and enforcement of fees under this section in the same
    4-6  manner that those provisions apply to the administration, payment,
    4-7  collection, and enforcement of taxes under Title 2, Tax Code.
    4-8        (f)  Fees, penalties, and interest collected by the
    4-9  comptroller under this section shall be deposited in the fund.
   4-10        SECTION 2.  This Act takes effect September 1, 1993.
   4-11        SECTION 3.  The importance of this legislation and the
   4-12  crowded condition of the calendars in both houses create an
   4-13  emergency and an imperative public necessity that the
   4-14  constitutional rule requiring bills to be read on three several
   4-15  days in each house be suspended, and this rule is hereby suspended.