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.