1-1 By: Armbrister S.B. No. 1058
1-2 (In the Senate - Filed March 12, 1993; March 15, 1993, read
1-3 first time and referred to Committee on Finance; April 20, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 12, Nays 0; April 20, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Montford x
1-9 Turner x
1-10 Armbrister x
1-11 Barrientos x
1-12 Bivins x
1-13 Ellis x
1-14 Haley x
1-15 Moncrief x
1-16 Parker x
1-17 Ratliff x
1-18 Sims x
1-19 Truan x
1-20 Zaffirini x
1-21 COMMITTEE SUBSTITUTE FOR S.B. No. 1058 By: Armbrister
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to fees imposed and collected and other revenue received
1-25 by agencies of state and local government.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-28 adding Section 12.031 to read as follows:
1-29 Sec. 12.031. PUBLICATIONS. (a) The department may provide
1-30 or sell information, including books, magazines, photographs,
1-31 prints, and bulletins, to the public concerning agriculture,
1-32 horticulture, or related industries.
1-33 (b) The department may receive royalties on department-owned
1-34 materials that are sold or supplied to others by the department for
1-35 publication.
1-36 (c) The department may contract for the publication of
1-37 information concerning agriculture, horticulture, or related
1-38 industries.
1-39 (d) Money received under this section shall be deposited in
1-40 the state treasury to the credit of the fund from which expenses
1-41 for the publication were paid.
1-42 SECTION 2. (a) Chapter 102, Code of Criminal Procedure, is
1-43 amended by adding Subchapter E to read as follows:
1-44 SUBCHAPTER E. DEATH BENEFITS FOR SURVIVORS OF PUBLIC SERVANTS
1-45 Art. 102.091. MISDEMEANOR AND FELONY COSTS. (a) In
1-46 addition to other court costs, a defendant convicted of a
1-47 misdemeanor or felony shall pay as a cost of court 25 cents.
1-48 (b) An officer shall collect the costs in the same manner as
1-49 other costs are collected in the case.
1-50 Art. 102.092. RECORD OF COLLECTION. (a) An officer
1-51 collecting costs due under this subchapter in cases in municipal
1-52 court shall keep separate records of the funds collected as costs
1-53 under this subchapter and shall deposit the funds in the municipal
1-54 treasury.
1-55 (b) An officer collecting costs due under this subchapter in
1-56 justice, county, and district courts shall keep separate records of
1-57 the funds collected as costs under this subchapter and shall
1-58 deposit the funds in the county treasury.
1-59 (c) An officer collecting costs due under this subchapter in
1-60 county courts on appeal from justice or municipal courts shall keep
1-61 separate records of the funds collected under this subchapter and
1-62 shall deposit the funds in the county treasury.
1-63 Art. 102.093. REPORTS REQUIRED. (a) Officers collecting
1-64 funds due as costs under this subchapter shall file the report
1-65 required under Article 103.005 of this code.
1-66 (b) If no funds due as costs under this subchapter have been
1-67 collected in any quarter, the report required for each quarter
1-68 shall be filed in the regular manner, and the report shall state
2-1 that no funds due under this subchapter were collected.
2-2 Art. 102.094. TRANSFER OF FUNDS TO COMPTROLLER. (a) The
2-3 custodians of the municipal and county treasuries may deposit the
2-4 funds collected under this subchapter in interest-bearing accounts.
2-5 The custodians shall keep records of the amount of funds collected
2-6 under this subchapter that are on deposit with them and shall on or
2-7 before the last day of the month following each calendar quarter
2-8 remit to the comptroller of public accounts funds collected under
2-9 this subchapter during the preceding quarter.
2-10 (b) A municipal or county treasury may retain all interest
2-11 accrued on the funds if the custodian of the treasury keeps records
2-12 of the amount of funds collected under this subchapter that are on
2-13 deposit with the treasury and remits the funds to the comptroller
2-14 within the period prescribed in Subsection (a) of this article.
2-15 Art. 102.095. COMPTROLLER'S DUTY. The comptroller of public
2-16 accounts shall deposit the funds received by the comptroller under
2-17 this subchapter in an account in the general revenue fund to be
2-18 used only for the payment of benefits under Chapter 86, Acts of the
2-19 60th Legislature, Regular Session, 1967 (Article 6228f, Vernon's
2-20 Texas Civil Statutes).
2-21 (b) This section is contingent on the enactment by the
2-22 legislature and the becoming law of S.B. No. 97, 73rd Legislature,
2-23 Regular Session, 1993. If that bill does not become law, this
2-24 section has no effect.
2-25 SECTION 3. (a) Subsections (d) and (e), Section 242.033,
2-26 Health and Safety Code, are amended to read as follows:
2-27 (d) A license is renewable every two years <annually> after:
2-28 (1) an inspection, unless an inspection is not
2-29 required as provided by Section 242.047;
2-30 (2) payment of the <annual> license fee; and
2-31 (3) department approval of the <annual> report filed
2-32 every two years by the licensee.
2-33 (e) The <annual> report required for license renewal under
2-34 Subsection (d)(3) must comply with rules adopted by the board that
2-35 specify the date of submission of the report, the information it
2-36 must contain, and its form.
2-37 (b) Section 242.034, Health and Safety Code, is amended by
2-38 amending Subsections (a) and (b) and adding Subsection (f) to read
2-39 as follows:
2-40 (a) The board may establish by rule license fees for
2-41 institutions licensed by the department under this chapter. The
2-42 license fee may not exceed $150 <is $50> plus $5 <$2> for each unit
2-43 of capacity or bed space for which a license is sought. An
2-44 additional license fee may be charged as provided by Section
2-45 242.097.
2-46 (b) The license fee must be paid <annually> with each
2-47 application for an initial license, a renewal <of the
2-48 institution's> license, or a change of ownership license.
2-49 (f) The license fees established under this chapter are an
2-50 allowable cost for reimbursement under the medical assistance
2-51 program administered by the Texas Department of Human Services
2-52 under Chapter 32, Human Resources Code. Any fee increases shall be
2-53 reflected in reimbursement rates prospectively.
2-54 SECTION 4. (a) Section 401.120, Health and Safety Code, as
2-55 added by S.B. No. 392, Acts of the 73rd Legislature, Regular
2-56 Session, 1993, is amended by adding Subsection (g) to read as
2-57 follows:
2-58 (g) The department may set the fees authorized under Section
2-59 401.301 to cover the expenses incurred in administering this
2-60 section.
2-61 (b) This section is contingent on the enactment by the
2-62 legislature and the becoming law of S.B. No. 392, 73rd Legislature,
2-63 Regular Session, 1993. If that bill does not become law, this
2-64 section has no effect.
2-65 SECTION 5. Section 431.241, Health and Safety Code, is
2-66 amended by adding Subsection (g) to read as follows:
2-67 (g) The department may assess a fee for the issuance of a
2-68 certificate of free sale and another certification issued under
2-69 this chapter. The board by rule shall set each fee in an amount
2-70 sufficient to recover the cost to the department of issuing the
3-1 particular certificate.
3-2 SECTION 6. Section 3, Article 21.60, Insurance Code, is
3-3 amended to read as follows:
3-4 Sec. 3. Administration and Enforcement. (a) The board
3-5 shall administer and enforce this article. The board shall
3-6 establish reasonable and necessary fees in an amount not to exceed
3-7 $20 per year for each amusement ride covered by this Act.
3-8 (b) For purposes of establishing fees under this section, an
3-9 amusement ride that consists of two or more self-propelled,
3-10 four-wheeled vehicles designed to be operated independently and to
3-11 carry fewer than three persons, including vehicles known as
3-12 go-carts, is a single amusement ride.
3-13 (c) Funds raised through said fees shall be deposited in the
3-14 State Treasury and shall be credited to the account of the board
3-15 for administration of this Act.
3-16 SECTION 7. (a) Subsection (a), Section 118.011, Local
3-17 Government Code, is amended to read as follows:
3-18 (a) A county clerk shall collect the following fees for
3-19 services rendered to any person:
3-20 (1) Personal Property Records Filing (Sec.
3-21 118.012).................................. $ 2.00
3-22 (2) Real Property Records Filing (Sec.
3-23 118.013):
3-24 for the first page.......................... $ 3.00
3-25 for each additional page or part of a page
3-26 on which there are visible marks of any
3-27 kind...................................... $ 2.00
3-28 for all or part of each 8-1/2" X 14"
3-29 attachment or rider....................... $ 2.00
3-30 for each name in excess of five names that
3-31 has to be indexed in all records in
3-32 which the document must be indexed........ $ 0.25
3-33 (3) Certified Papers (Sec. 118.014):
3-34 for the clerk's certificate on<............. $ 1.00>
3-35 <plus a fee for> each page or part of a
3-36 page <of>................................. $ 1.00
3-37 (4) Noncertified Papers (Sec. 118.0145):
3-38 for each page or part of a page............. $ 1.00
3-39 (5) Birth or Death Certificate (Sec.
3-40 118.015)................ same as state registrar
3-41 (6) <(5)> Bond Approval (Sec. 118.016).......... $ 3.00
3-42 (7) <(6)> Notary Appointment (Sec. 118.017)..... $ 4.00
3-43 (8) <(7)> Marriage License (Sec. 118.018)....... $25.00
3-44 (9) <(8)> Declaration of Informal Marriage
3-45 (Sec. 118.019)...................... $25.00
3-46 (10) <(9)> Brand Registration (Sec. 118.020).... $ 5.00
3-47 (11) <(10)> Oath Administration (Sec. 118.021)
3-48 .................................... $ 1.00
3-49 (b) Subchapter B, Chapter 118, Local Government Code, is
3-50 amended by adding Section 118.0145 to read as follows:
3-51 Sec. 118.0145. NONCERTIFIED PAPERS. The fee for
3-52 "Noncertified Papers" under Section 118.011 is for issuing a
3-53 noncertified copy of a document. The fee must be paid at the time
3-54 the order is placed.
3-55 (c) Section 118.052, Local Government Code, is amended to
3-56 read as follows:
3-57 Sec. 118.052. Fee Schedule. Each clerk of a county court
3-58 shall collect the following fees for services rendered to any
3-59 person:
3-60 (1) CIVIL COURT ACTIONS
3-61 (A) Filing of Original Action (Sec.
3-62 118.053):
3-63 (i) Garnishment after judgment........ $15.00
3-64 (ii) All others........................ $40.00
3-65 (B) Filing of Action Other than Original
3-66 (Sec. 118.054) ...................... $30.00
3-67 (C) Services Rendered After Judgment in
3-68 Original Action (Sec. 118.0545):
3-69 (i) Abstract of judgment .............. $5.00
3-70 (ii) Execution, order of sale, writ,
4-1 or other process ................ $5.00
4-2 (2) PROBATE COURT ACTIONS
4-3 (A) Probate Original Action (Sec.
4-4 118.055):
4-5 (i) Probate of a will with
4-6 independent executor,
4-7 administration with will
4-8 attached, administration of an
4-9 estate, guardianship or
4-10 receivership of an estate, or
4-11 muniment of title .............. $35.00
4-12 (ii) Community survivors .............. $20.00
4-13 (iii) Small estates .................... $10.00
4-14 (iv) Affidavits of heirship ........... $10.00
4-15 (v) Mental health or chemical
4-16 dependency services ............ $40.00
4-17 (vi) Additional, special fee (Sec.
4-18 118.064) ....................... $ 3.00
4-19 (B) Services in Pending Probate Action
4-20 (Sec. 118.056):
4-21 (i) Filing and recording a document:
4-22 for the first page ............... $ 3.00
4-23 for each additional page or part
4-24 of a page ..................... $ 2.00
4-25 (ii) Approving and recording bond ..... $ 3.00
4-26 (iii) Administering oath ............... $ 2.00
4-27 (C) Adverse Probate Action (Sec. 118.057)
4-28 ..................................... $35.00
4-29 (D) Claim Against Estate (Sec. 118.058) ... $ 2.00
4-30 (3) OTHER FEES
4-31 (A) Issuing Document <Requiring a Return,
4-32 No Pending Action> (Sec. 118.059):
4-33 original document and one copy ........ $ 4.00
4-34 each additional set of an original
4-35 and one copy ........................ $ 4.00
4-36 (B) Certified Papers<, No Return
4-37 Required> (Sec. 118.060):
4-38 for the clerk's certificate ........... $ 1.00
4-39 plus a fee per page or part of a page
4-40 of .................................. $ 1.00
4-41 (C) Noncertified Papers (Sec. 118.0605):
4-42 for each page or part of a page ....... $ 1.00
4-43 (D) Letters Testamentary, Letter of
4-44 Guardianship, Letter of
4-45 Administration, or Abstract of
4-46 Judgment (Sec. 118.061) ............. $ 2.00
4-47 (E) <(D)> Safekeeping of Wills (Sec.
4-48 118.062) ...................... $ 5.00
4-49 (F) <(E)> Mail Service of Process (Sec.
4-50 118.063) ............. same as sheriff
4-51 (d) Subchapter C, Chapter 118, Local Government Code, is
4-52 amended by adding Section 118.0605 to read as follows:
4-53 Sec. 118.0605. NONCERTIFIED PAPERS. (a) The fee for
4-54 "Noncertified Papers" under Section 118.052(3) is for issuing a
4-55 noncertified copy of a document.
4-56 (b) The fee must be paid at the time the order is placed.
4-57 (e) This section is contingent on the enactment by the
4-58 legislature and the becoming law of S.B. No. 1269 or H.B. No. 1743,
4-59 73rd Legislature, Regular Session, 1993. If neither of those bills
4-60 becomes law, this section has no effect.
4-61 SECTION 8. (a) Subchapter G, Chapter 12, Parks and Wildlife
4-62 Code, is amended by adding Section 12.6035 to read as follows:
4-63 Sec. 12.6035. PERMIT AND REGISTRATION FEES. The commission
4-64 by rule may establish fees for restricted wild animal permits
4-65 issued under this subchapter and registrations required of persons
4-66 holding a restricted wild animal under a permit not issued by the
4-67 department. The commission shall set the fees in amounts
4-68 sufficient to recover the costs to the department of administering
4-69 this subchapter, including the costs of maintaining and disposing
4-70 of restricted wild animals.
5-1 (b) This section is contingent on the enactment by the
5-2 legislature and the becoming law of S.B. No. 23, 73rd Legislature,
5-3 Regular Session, 1993. If that bill does not become law, this
5-4 section has no effect.
5-5 SECTION 9. (a) Subchapter Q, Chapter 43, Parks and Wildlife
5-6 Code, as added by S.B. No. 521 or H.B. No. 2037, Acts of the 73rd
5-7 Legislature, Regular Session, 1993, is amended by adding Section
5-8 43.5821 to read as follows:
5-9 Sec. 43.5821. FEE. (a) The fee for a muzzleloader stamp is
5-10 $10 or a greater amount set by the commission as an amount
5-11 sufficient to recover the costs to the department of administering
5-12 this subchapter.
5-13 (b) Fifty cents of each fee collected under this chapter may
5-14 be retained as a collection fee by an agent of the department other
5-15 than a department employee.
5-16 (c) After deduction of any collection fee, the net receipts
5-17 from stamp sales shall be sent to the department.
5-18 (b) This section is contingent on the enactment by the
5-19 legislature and the becoming law of S.B. No. 521 or H.B. No. 2037,
5-20 73rd Legislature, Regular Session, 1993. If neither of those bills
5-21 becomes law, this section has no effect.
5-22 SECTION 10. (a) Subchapter A, Chapter 46, Parks and
5-23 Wildlife Code, is amended by adding Section 46.0045 to read as
5-24 follows:
5-25 Sec. 46.0045. TAG FEES. The commission by rule may
5-26 establish fees for initial and duplicate tags issued under this
5-27 subchapter and issuance and/or collection fees for the license
5-28 deputies issuing the tags. The commission shall set the fees in
5-29 amounts sufficient to recover the costs to the department of this
5-30 program.
5-31 (b) This section is contingent on the enactment by the
5-32 legislature and the becoming law of S.B. No. 441, 73rd Legislature,
5-33 Regular Session, 1993. If that bill does not become law, this
5-34 section has no effect.
5-35 SECTION 11. Section 5.235, Water Code, is amended to read as
5-36 follows:
5-37 Sec. 5.235. Fees. (a) The executive director shall charge
5-38 and collect the fees prescribed by law <this section>. The
5-39 executive director shall make a record of fees prescribed when due
5-40 and shall render an account to the person charged with the fees.
5-41 Each fee is a separate charge and is in addition to other fees
5-42 unless provided otherwise.
5-43 (b) Notwithstanding any provision of law to the contrary,
5-44 the commission by rule may establish due dates, schedules, and
5-45 procedures for the assessment, collection, and remittance of fees
5-46 due the commission to ensure the cost-effective administration of
5-47 revenue collection and cash management programs.
5-48 (c) Notwithstanding any provision of law to the contrary,
5-49 the commission by rule shall establish uniform and consistent
5-50 requirements for the assessment of penalties and interest for late
5-51 payment of fees owed the state under the commission's jurisdiction.
5-52 Penalties and interest established under this section shall not
5-53 exceed rates established for delinquent taxes under Sections
5-54 111.060 and 111.061, Tax Code.
5-55 (d) Except as otherwise <specifically> provided by law <this
5-56 section>, the commission may collect a fee from a person who
5-57 receives a service from the commission. For the purpose of this
5-58 section, the services may include the publication of public notice
5-59 and the review and processing of applications, petitions,
5-60 registrations, certifications, or other forms of approval received
5-61 from the commission or the performance of related technical or
5-62 administrative services <fee for filing an application or petition
5-63 is $100 plus the cost of any required notice. The fee for a
5-64 by-pass permit shall be set by the commission at a reasonable
5-65 amount to recover costs, but not less than $100>.
5-66 (e) A fee under this section shall be set by rule of the
5-67 commission and may not exceed the demonstrable costs of the
5-68 commission in providing the service rendered <(c) The fee for
5-69 filing a water permit application is $100 plus the cost of required
5-70 notice>.
6-1 (f) Except as otherwise provided by law, a fee assessed
6-2 under this section shall be deposited to the credit of the Texas
6-3 Natural Resource Conservation Commission operating fund and may be
6-4 appropriated only to the commission for the purpose of services
6-5 provided by the commission. The commission shall maintain records
6-6 of income and expense to ensure that fees are expended for the
6-7 purposes intended under this section and demonstrate the costs
6-8 recovered <(d) The fee for filing an application for fixing or
6-9 adjusting rates is $100 plus the cost of required notice>.
6-10 (g) <(e)> A person who files with the commission a petition
6-11 for the creation of a water district or addition of sewage and
6-12 drainage powers or a resolution for a water district conversion
6-13 must pay a one-time nonrefundable application fee. The commission
6-14 by rule may set the application fee in an amount not to exceed the
6-15 costs of reviewing and processing the application <$700>, plus the
6-16 cost of required notice. This fee is the only fee that the
6-17 commission may charge with regard to the processing of an
6-18 application for creation of a water district, addition of sewage or
6-19 drainage powers, or conversion under this code.
6-20 (h) <(f)> A person who files a bond issue application with
6-21 the commission must pay an application fee set by the commission.
6-22 The commission by rule may set the application fee in an amount not
6-23 to exceed the costs of reviewing and processing the application
6-24 <$500>, plus the cost of required notice. If the bonds are
6-25 approved by the commission, the seller shall pay to the commission
6-26 a percentage of the bond proceeds not later than the seventh
6-27 business day after receipt of the bond proceeds. The commission by
6-28 rule may set the percentage of the proceeds in an amount not to
6-29 exceed 0.25 percent of the principal amount of the bonds actually
6-30 issued. Revenue from these fees and application fees under
6-31 Subsection (g) of this section shall be deposited in the state
6-32 treasury and credited to the water utility <quality> fund.
6-33 Proceeds of the fees shall be used to supplement any other funds
6-34 available for paying expenses of the commission in supervising the
6-35 various bond and construction activities of the districts filing
6-36 the applications.
6-37 (i) <(g)> The fee for recording an instrument in the office
6-38 of the commission is $1.25 per page.
6-39 (j) <(h)> The fee for the use of water for irrigation is 50
6-40 cents per acre to be irrigated.
6-41 (k) <(i)> The fee for impounding water, except under Section
6-42 11.142 of this code, is 50 cents per acre-foot of storage, based on
6-43 the total holding capacity of the reservoir at normal operating
6-44 level.
6-45 (l) <(j)> The fee for other uses of water not specifically
6-46 named in this section is $1 per acre-foot, except that no political
6-47 subdivision may be required to pay fees to use water for recharge
6-48 of underground freshwater-bearing sands and aquifers or for
6-49 abatement of natural pollution.
6-50 (m) <(k)> A fee charged under Subsections (j) through (l) of
6-51 this section for one use of water under a permit from the
6-52 commission may not exceed $50,000 <$25,000>. The fee for each
6-53 additional use of water under a permit for which the maximum fee is
6-54 paid may not exceed $10,000 <$5,000>.
6-55 (n) <(l)> The fees prescribed by Subsections (j) <(h)>
6-56 through (l) <(j)> of this section are one-time fees, payable when
6-57 the application for an appropriation is made. However, if the
6-58 total fee for a permit exceeds $1,000, the applicant shall pay
6-59 one-half <one-tenth> of the fee when the application is filed and
6-60 one-half<, one-tenth> within 180 <30> days after notice is mailed
6-61 to him that the permit is granted<, and the balance before he
6-62 begins to use water under the permit>. If the applicant does not
6-63 pay all of the amount owed before beginning to use water under the
6-64 permit, the permit is annulled.
6-65 (o) <(m)> If a permit is annulled, the matter reverts to the
6-66 status of a pending, filed application and, on the payment of use
6-67 fees as provided by Subsections (j) through (n) of this section
6-68 <this subsection> together with sufficient postage fees for mailing
6-69 notice of hearing, the commission shall set the application for
6-70 hearing and proceed as provided by this code.
7-1 (p) <(n)>(1) Each provider of potable water or sewer utility
7-2 service shall collect a regulatory assessment from each retail
7-3 customer as follows:
7-4 (A) A public utility as defined in Section
7-5 13.002 of this code shall collect from each retail customer a
7-6 regulatory assessment equal to one percent of the charge for retail
7-7 water or sewer service.
7-8 (B) A water supply or sewer service corporation
7-9 as defined in Section 13.002 of this code shall collect from each
7-10 retail customer a regulatory assessment equal to one-half of one
7-11 percent of the charge for retail water or sewer service.
7-12 (C) A district as defined in Section 50.001 of
7-13 this code that provides potable water or sewer utility service to
7-14 retail customers shall collect from each retail customer a
7-15 regulatory assessment equal to one-half of one percent of the
7-16 charge for retail water or sewer service.
7-17 (2) The regulatory assessment may be listed on the
7-18 customer's bill as a separate item and shall be collected in
7-19 addition to other charges for utility services.
7-20 (3) The commission shall use the assessments collected
7-21 under this subsection <from districts> solely to pay costs and
7-22 expenses incurred by the commission in the regulation of districts,
7-23 water supply or sewer service corporations, and public utilities
7-24 under Chapter 13 of this code.
7-25 (4) <The commission shall use the assessments
7-26 collected from water supply or sewer service corporations solely to
7-27 pay costs and expenses incurred by the commission in the regulation
7-28 of water supply or sewer service corporations.>
7-29 <(5) The commission shall use the assessments
7-30 collected from public utilities solely to pay costs and expenses
7-31 incurred by the commission in the regulation of public utilities.>
7-32 <(6)> The commission shall annually use a portion of
7-33 the assessments to provide on-site technical assistance and
7-34 training to public utilities, water supply or sewer service
7-35 corporations, and districts. The commission may <shall> contract
7-36 with others to provide the services.
7-37 (5) The commission by rule may establish due dates,
7-38 collection procedures, and penalties for late payment related to
7-39 regulatory assessments under this subsection <(7) Except as
7-40 provided by Paragraph (A) of this subdivision, assessments
7-41 collected from retail customers for the prior 12 months are due on
7-42 January 15 of each year>. The executive director shall collect all
7-43 assessments from the utility service providers, and those funds
7-44 shall be paid into the state treasury and credited to the water
7-45 utility fund.
7-46 (6) <(A) A utility service provider may make quarterly
7-47 payments due on January 15, April 15, July 15, and October 15 of
7-48 each year. If payments are made quarterly and received by the
7-49 commission not later than the 30th day after the due date, the
7-50 utility service provider may retain an administrative fee equal to
7-51 10 percent of the amount due for costs incurred in collecting and
7-52 remitting the assessment.>
7-53 <(B) The commission shall assess on a utility
7-54 service provider a penalty equal to 10 percent of the amount due
7-55 for any payment received after January 31. Funds delinquent for
7-56 more than 30 days shall draw interest at the rate of 10 percent a
7-57 year on the assessment and penalty due.>
7-58 <(C)> The commission shall assess a penalty
7-59 against a municipality with a population of more than 1.5 million
7-60 that does not provide municipal water and sewer services in an
7-61 annexed area on or before 4-1/2 years after the annexation takes
7-62 effect in accordance with Section 43.056, Local Government Code. A
7-63 penalty assessed under this paragraph shall be not more than $1,000
7-64 for each day the services are not provided after 4-1/2 years after
7-65 the annexation. A penalty collected under this paragraph shall be
7-66 deposited to the credit of the water utility <into a special> fund
7-67 in the state treasury to be used to provide water and sewer service
7-68 to residents of the city.
7-69 (7) <(8)> The regulatory assessment does not apply to
7-70 water that has not been treated for the purpose of human
8-1 consumption.
8-2 SECTION 12. Subsection (a), Section 11A, The Real Estate
8-3 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
8-4 amended to read as follows:
8-5 (a) Each of the following fees imposed by or under another
8-6 section of this Act is increased by $200:
8-7 (1) fee for filing an original application for an
8-8 individual <a> real estate broker license; and
8-9 (2) fee for annual renewal of an individual <a> real
8-10 estate broker license.
8-11 SECTION 13. (a) Section 5p, Chapter 88, General Laws, Acts
8-12 of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-1
8-13 et seq., Vernon's Texas Civil Statutes), as added by S.B. No. 1116,
8-14 Acts of the 73rd Legislature, Regular Session, 1993, is amended by
8-15 adding Subsections (f) through (i) to read as follows:
8-16 (f) The department shall set an annual fee for license
8-17 plates under this section in an amount that the department
8-18 estimates is three times the amount sufficient to recover the costs
8-19 of the department in issuing the plates. The fee is in addition to
8-20 the regular registration fee for the vehicle imposed by Section 5
8-21 of this Act and, if personalized prestige license plates are
8-22 issued, in addition to the fee imposed by Section 5c of this Act.
8-23 (g) The department shall deposit 65 percent of each fee
8-24 collected under this section in the state treasury to the credit of
8-25 an account in the general revenue fund to be known as the Texas
8-26 Environmental Education Advisory Committee account. Money in the
8-27 account may be used only for support of programs administered or
8-28 supported by the Central Education Agency under Section 11.53,
8-29 Education Code. Fees deposited under this subsection are
8-30 supplementary and are not income for purposes of reducing general
8-31 revenue appropriations to the Central Education Agency in the
8-32 General Appropriations Act.
8-33 (h) After the deposit provided for by Subsection (g) of this
8-34 section, the department shall deposit the remainder of each fee
8-35 collected under this section in the state treasury to the credit of
8-36 the state highway fund to be used only to defray the cost of
8-37 administering this section.
8-38 (i) If license plates issued under this section are lost,
8-39 stolen, or mutilated, the owner of the vehicle for which the plates
8-40 were issued may obtain replacement plates from the department by
8-41 paying a replacement fee of $5. If the owner of a vehicle for
8-42 which plates are issued under this section disposes of the vehicle
8-43 during a registration year, the owner shall return the special
8-44 license plates to the department.
8-45 (b) This section is contingent on the enactment by the
8-46 legislature and the becoming law of S.B. No. 1116, 73rd
8-47 Legislature, Regular Session, 1993. If that bill does not become
8-48 law, this section has no effect.
8-49 SECTION 14. (a) Except as provided by Subsections (b) and
8-50 (c) of this section, this Act takes effect immediately.
8-51 (b) Sections 2, 3, 5, 7, 8, 9, 10, 11, and 13 of this Act
8-52 take effect September 1, 1993.
8-53 (c) Section 6 of this Act takes effect January 1, 1994.
8-54 SECTION 15. (a) The changes in law made by this Act in the
8-55 amount or application of a fee apply only to a fee that becomes due
8-56 on or after the effective date of the change and, as applicable,
8-57 the effective date of a rule adopted under the change. A fee that
8-58 became due before the effective date of the change in law made by
8-59 this Act in the fee is governed by the law as it existed when the
8-60 fee became due, and the former law is continued in effect for that
8-61 purpose.
8-62 (b) Subchapter E, Chapter 102, Code of Criminal Procedure,
8-63 as added by this Act, applies only to the imposition of a court
8-64 cost following the conviction of a person for an offense committed
8-65 on or after the effective date of that subchapter.
8-66 SECTION 16. The importance of this legislation and the
8-67 crowded condition of the calendars in both houses create an
8-68 emergency and an imperative public necessity that the
8-69 constitutional rule requiring bills to be read on three several
8-70 days in each house be suspended, and this rule is hereby suspended,
9-1 and that this Act take effect and be in force according to its
9-2 terms, and it is so enacted.
9-3 * * * * *
9-4 Austin,
9-5 Texas
9-6 April 20, 1993
9-7 Hon. Bob Bullock
9-8 President of the Senate
9-9 Sir:
9-10 We, your Committee on Finance to which was referred S.B. No. 1058,
9-11 have had the same under consideration, and I am instructed to
9-12 report it back to the Senate with the recommendation that it do not
9-13 pass, but that the Committee Substitute adopted in lieu thereof do
9-14 pass and be printed.
9-15 Montford,
9-16 Chairman
9-17 * * * * *
9-18 WITNESSES
9-19 No witnesses appeared on S.B. No. 1058.