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.