1-1  By:  Armbrister                                       S.B. No. 1201
    1-2        (In the Senate - Filed March 12, 1993; March 16, 1993, read
    1-3  first time and referred to Committee on Finance; April 15, 1993,
    1-4  reported adversely, with favorable Committee Substitute by the
    1-5  following vote:  Yeas 11, Nays 0; April 15, 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. 1201              By:  Armbrister
   1-22                         A BILL TO BE ENTITLED
   1-23                                AN ACT
   1-24  relating to industrial solid waste and hazardous waste fee
   1-25  revenues; recovery of regulatory and remediation costs.
   1-26        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-27        SECTION 1.  Section 361.131, Health and Safety Code, is
   1-28  amended to read as follows:
   1-29        Sec. 361.131.  Definitions.  In this subchapter:
   1-30              (1)  "Captured facility" means a manufacturing or
   1-31  production facility which generates an industrial solid waste or
   1-32  hazardous waste which is routinely stored, processed, or disposed,
   1-33  on a shared basis, in an integrated waste management unit owned and
   1-34  operated by and located within a contiguous manufacturing facility.
   1-35              (2)  "Commercial waste storage, processing, or disposal
   1-36  facility" includes any facility that accepts an industrial solid
   1-37  waste or a hazardous waste for storage, processing, including
   1-38  incineration, or disposal for a charge.
   1-39              (3)  "Dry weight" means the weight of constituents
   1-40  other than water.
   1-41              (4)  "Generator" means a person whose act or process
   1-42  produces industrial solid waste or hazardous waste or whose act
   1-43  first causes an industrial solid waste or a hazardous waste to be
   1-44  regulated by the commission.
   1-45              (5)  "Hazardous waste" means solid waste not otherwise
   1-46  exempt that is identified or listed as hazardous waste by the
   1-47  administrator of the United States Environmental Protection Agency
   1-48  under the federal Solid Waste Disposal Act, as amended (42 U.S.C.
   1-49  Section 6901 et seq.).
   1-50              (6)  "Land disposal" does not include the normal
   1-51  application of agricultural chemicals or fertilizers.
   1-52              (7)  "Land disposal facility" includes:
   1-53                    (A)  a landfill;
   1-54                    (B)  a surface impoundment, excluding an
   1-55  impoundment treating or storing waste that is disposed of under
   1-56  Chapter 26 or 27, Water Code;
   1-57                    (C)  a waste pile;
   1-58                    (D)  a facility at which land treatment, land
   1-59  farming, or a land application process is used; and
   1-60                    (E)  an injection well.
   1-61              (8)  "Noncommercial waste storage, processing, or
   1-62  disposal facility" includes any facility that accepts an industrial
   1-63  solid waste or a hazardous waste for storage, processing, including
   1-64  incineration, or disposal for no charge or that stores, processes,
   1-65  or disposes of waste generated on site.
   1-66              <(9)  "Primary metals high volume, low-hazard waste" is
   1-67  hazardous waste from the extraction, beneficiation, and processing
   1-68  of ores, minerals, or scrap metal and whose constituents are
    2-1  subject to the criteria for the identification or listing as a
    2-2  hazardous waste under Section 3001(a) of the Resource Conservation
    2-3  and Recovery Act of 1976 (42 U.S.C. Section 6901 et seq.) and
    2-4  account for 10 percent or less of its total dry weight volume.>
    2-5        SECTION 2.  Section 361.132, Health and Safety Code, is
    2-6  amended to read as follows:
    2-7        Sec. 361.132.  Hazardous and Solid Waste Fees Fund.  (a)  The
    2-8  hazardous and solid waste fees fund is in the state treasury.
    2-9        (b)  The fund consists of money collected by the commission
   2-10  from:
   2-11              (1)  fees imposed on generators of industrial solid
   2-12  waste or hazardous waste under Section 361.134;
   2-13              (2)  fees imposed on owners or operators of permitted
   2-14  industrial solid waste or hazardous waste facilities, or owners or
   2-15  operators of industrial solid waste or hazardous waste facilities
   2-16  subject to the requirement of permit authorization, under Section
   2-17  361.135;
   2-18              (3)  fees imposed on the owner or operator of an
   2-19  industrial solid waste or hazardous waste facility for
   2-20  noncommercial and commercial management or disposal of industrial
   2-21  solid waste or hazardous waste under Section 361.136;
   2-22              (4)  fees imposed on applicants for industrial solid
   2-23  waste and hazardous waste permits under Section 361.137; and
   2-24              (5)  interest and penalties imposed under Section
   2-25  361.140 for late payment of industrial solid waste and hazardous
   2-26  waste fees authorized under this subchapter.
   2-27        (c)  Except as provided by Section 361.136(l)(1), the
   2-28  commission may use the money in the fund only for regulation of
   2-29  industrial solid and hazardous waste under this chapter, including
   2-30  payment to other state agencies for services provided under
   2-31  contract concerning enforcement of this chapter.
   2-32        (d)  <The total amount of generation fees and facility fees
   2-33  collected and deposited to the credit of the hazardous and solid
   2-34  waste fees fund in a fiscal year may not be less than $4.5 million
   2-35  or more than $6.0 million.>
   2-36        <(e)>  Any unobligated balance in the fund <in excess of $1
   2-37  million> at the end of the state fiscal year may, at the discretion
   2-38  of the commission, <shall> be transferred to the hazardous and
   2-39  solid waste remediation fee fund.
   2-40        SECTION 3.  Section 361.133, Health and Safety Code, is
   2-41  amended to read as follows:
   2-42        Sec. 361.133.  Hazardous and Solid Waste Remediation Fee
   2-43  Fund.  (a)  The hazardous and solid waste remediation fee fund is
   2-44  in the state treasury.
   2-45        (b)  The fund consists of money collected by the commission
   2-46  from:
   2-47              (1)  fees imposed on the owner or operator of an
   2-48  industrial solid waste or hazardous waste facility for commercial
   2-49  and noncommercial management or disposal of industrial solid waste
   2-50  or hazardous waste under Section 361.136 and fees imposed under
   2-51  Section 361.138;
   2-52              (2)  interest and penalties imposed under Section
   2-53  361.140 for late payment of a fee or late filing of a report;
   2-54              (3)  money paid by a person liable for facility cleanup
   2-55  and maintenance under Section 361.197;
   2-56              (4)  the interest received from the investment of this
   2-57  fund, in accounts under the charge of the treasurer, to be credited
   2-58  pro rata to the hazardous and solid waste remediation fee fund; and
   2-59              (5)  monies transferred from other agencies under
   2-60  provisions of this code or grants or other payments from any person
   2-61  made for the purpose of remediation of facilities under this
   2-62  chapter or the investigation, cleanup, or removal of a spill or
   2-63  release of a hazardous substance.
   2-64        (c)  The commission may use the money collected and deposited
   2-65  to the credit of the fund under this section, including interest
   2-66  credited under Subsection (b)(4), only for:
   2-67              (1)  necessary and appropriate removal and remedial
   2-68  action at sites at which solid waste or hazardous substances have
   2-69  been disposed if funds from a liable person, independent third
   2-70  person, or the federal government are not sufficient for the
    3-1  removal or remedial action;
    3-2              (2)  necessary and appropriate maintenance of removal
    3-3  and remedial actions for the expected life of those actions if:
    3-4                    (A)  funds from a liable person have been
    3-5  collected and deposited to the credit of the fund for that purpose;
    3-6  or
    3-7                    (B)  funds from a liable person, independent
    3-8  third person, or the federal government are not sufficient for the
    3-9  maintenance;
   3-10              (3)  expenses concerning compliance with:
   3-11                    (A)  the Comprehensive Environmental Response,
   3-12  Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
   3-13  seq.) as amended;
   3-14                    (B)  the federal Superfund Amendments and
   3-15  Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
   3-16                    (C)  Subchapters F and I;
   3-17              (4)  expenses concerning the regulation and management
   3-18  of household hazardous substances and the prevention of pollution
   3-19  of the water resources of the state from the uncontrolled release
   3-20  of hazardous substances; and
   3-21              (5)  expenses concerning the cleanup or removal of a
   3-22  spill, release, or potential threat of release of a hazardous
   3-23  substance where immediate action is appropriate to protect human
   3-24  health and the environment.
   3-25        (d)  The commission shall establish the fee rates for waste
   3-26  management under Section 361.136 and revise them as necessary.  The
   3-27  <so that the> amount collected each year shall not exceed <equals
   3-28  between $12 million and> $16 million after making payments to
   3-29  counties under Section 361.136(l)(1).
   3-30        (e)  The commission shall monitor the unobligated balance in
   3-31  the hazardous and solid waste remediation fee fund and all sources
   3-32  of revenue to the fund and may adjust the amount of fees collected
   3-33  under Subsection (d) of this section and Section 361.138 of this
   3-34  chapter, within prescribed limits, to maintain an unobligated
   3-35  balance of at least $5 million and no more than $25 million at the
   3-36  end of each fiscal year.
   3-37        (f)  For the purpose of Subsection (e) of this section, the
   3-38  unobligated balance in the hazardous and solid waste remediation
   3-39  fee fund shall be determined by subtracting from the cash balance
   3-40  of the fund at the end of each quarter:
   3-41              (1)  the total of all operating expenses encumbered by
   3-42  the commission from the fund;
   3-43              (2)  the sum of the total balances remaining on all
   3-44  contracts entered into by the commission to be paid from the fund;
   3-45  and
   3-46              (3)  the estimated total cost of investigation and
   3-47  remedial action at any site eligible for funding under the
   3-48  Comprehensive Environmental Response, Compensation and Liability
   3-49  Act, as amended, or Subchapters F or I and not currently under
   3-50  contract.
   3-51        SECTION 4.  Section 361.134, Health and Safety Code, is
   3-52  amended to read as follows:
   3-53        Sec. 361.134.  Industrial Solid Waste and Hazardous Waste
   3-54  Generation Fee.  (a)  The annual generation fee prescribed by this
   3-55  section is imposed on each generator who generates Class I
   3-56  industrial solid waste or hazardous waste during any part of the
   3-57  year.
   3-58        (b)  The commission shall:
   3-59              (1)  require each generator of industrial solid waste
   3-60  or hazardous waste to register its activities; and
   3-61              (2)  collect the annual generation fee imposed under
   3-62  this section.
   3-63        (c)  The commission by rule shall adopt a generation fee
   3-64  schedule for use in determining the amount of fees to be charged.
   3-65  The annual generation fee may not be less than $50 and may not be
   3-66  <or> more than $50,000 for generation of hazardous waste or more
   3-67  than $10,000 <$25,000, except that the fee> for generation of
   3-68  nonhazardous waste <shall not be more than $1,000>.
   3-69        (d)  The commission by rule may exempt generators of small
   3-70  quantities of Class I industrial solid waste or hazardous waste
    4-1  from the payment of a generation fee under this section.
    4-2        (e)  Wastes generated in a removal or remedial action
    4-3  accomplished through the expenditure of public funds from the
    4-4  hazardous and solid waste remediation fee fund shall be exempt from
    4-5  any generation fee assessed under this section.
    4-6        (f)  Wastewaters containing hazardous wastes which are
    4-7  designated as hazardous solely because they exhibit a hazardous
    4-8  characteristic as defined in 40 Code of Federal Regulations, Part
    4-9  261, Subpart C, relating to characteristics of hazardous waste, and
   4-10  are rendered nonhazardous by neutralization or other treatment
   4-11  on-site in totally enclosed treatment facilities or wastewater
   4-12  treatment units for which no permit is required under this chapter
   4-13  are exempt from the assessment of hazardous waste generation fees.
   4-14  By rule, the commission may authorize additional exemptions if
   4-15  consistent with state waste management policy.  An exemption from
   4-16  fee assessment does not limit a generator's obligation to report
   4-17  waste generation or waste management activity under any applicable
   4-18  regulation of the commission.
   4-19        SECTION 5.  Section 361.136, Health and Safety Code, is
   4-20  amended to read as follows:
   4-21        Sec. 361.136.  INDUSTRIAL SOLID WASTE AND Hazardous Waste
   4-22  Management Fee.  (a)  Except as provided by Subsections (e) through
   4-23  (i), a fee shall be imposed on the owner or operator of a waste
   4-24  storage, processing, or disposal facility for industrial solid
   4-25  waste and hazardous waste that is managed on site.  This fee is in
   4-26  addition to any other fee that may be imposed under this chapter.
   4-27        (b)  The commission by rule shall establish fee rates for
   4-28  management <both commercial and noncommercial storage, processing,
   4-29  and disposal> of industrial solid waste and hazardous waste, as
   4-30  well as the manner of collection, and shall revise the fee amounts
   4-31  as necessary.
   4-32              (1)  Fees under this section may apply to the
   4-33  commercial and noncommercial storage, processing, or disposal of
   4-34  hazardous waste.
   4-35              (2)  Fees under this section may apply to the
   4-36  commercial disposal of Class I nonhazardous industrial solid waste.
   4-37              (3)  A fee established for the disposal of a
   4-38  nonhazardous industrial solid waste shall not exceed 20 percent of
   4-39  the fee established for the disposal of a hazardous waste by the
   4-40  same method of disposal.
   4-41              (4)  A fee under this section shall not be assessed for
   4-42  the disposal of a waste subject to an assessment under Section
   4-43  361.013.
   4-44        (c)  The <hazardous> waste management fee shall be based on
   4-45  the total weight or volume of a <hazardous> waste other than wastes
   4-46  that are disposed of in an underground injection well.  The fee for
   4-47  those wastes shall be based on the dry weight of the waste.
   4-48        (d)  The <hazardous> waste management fee for wastes
   4-49  generated in this state may not exceed $40 <$20> per ton for wastes
   4-50  that are landfilled.  The commission by rule shall establish the
   4-51  amount of the fee for all other waste management methods at a
   4-52  lesser amount and shall base the amount on the factors specified in
   4-53  Section 361.139.
   4-54        (e)  A fee, which must be the same for wastes generated both
   4-55  in state and out of state and consistent with fees assessed for the
   4-56  management of other hazardous wastes, shall be established by the
   4-57  commission for the storage, processing, incineration, and disposal
   4-58  of hazardous waste fuels that the commission by rule shall define
   4-59  considering:
   4-60              (1)  Btu content;
   4-61              (2)  metals content;
   4-62              (3)  chlorinated hydrocarbon content; and
   4-63              (4)  the degree to which the waste fuel is used for
   4-64  energy recovery.
   4-65        (f)  A fee imposed on the owner or operator of a commercial
   4-66  industrial solid waste or hazardous waste storage, processing, or
   4-67  disposal facility, for <hazardous> wastes that are generated in
   4-68  this state and received from an affiliate or wholly-owned
   4-69  subsidiary of the commercial facility, or from a captured facility,
   4-70  shall be the same fee imposed on a noncommercial facility.  For the
    5-1  purpose of this subsection, an affiliate of a commercial industrial
    5-2  solid waste or hazardous waste facility must have a controlling
    5-3  interest in common with that facility.
    5-4        (g)  A fee may not be imposed on the owner or operator of a
    5-5  waste storage, processing, or disposal facility for the storage of
    5-6  hazardous wastes for fewer than 90 days.
    5-7        (h)  A fee may not be imposed under this section on the
    5-8  operation of a facility permitted under Chapter 26, Water Code, or
    5-9  the federal National Pollutant Discharge Elimination System program
   5-10  for wastes treated, processed, or disposed of in a wastewater
   5-11  treatment system that discharges into surface water of the state.
   5-12        (i)  The storage, processing, or disposal of industrial solid
   5-13  wastes or hazardous wastes generated in a removal or remedial
   5-14  action accomplished through the expenditure of public funds from
   5-15  the hazardous and solid waste remediation fee fund shall be exempt
   5-16  from the assessment of a waste management fee under this section.
   5-17        (j)  The owner or operator of a waste storage, processing, or
   5-18  disposal facility receiving industrial solid waste or hazardous
   5-19  waste from out-of-state generators shall be assessed a fee amount
   5-20  required on wastes generated in state plus an additional increment
   5-21  that the commission by rule shall establish.  In establishing an
   5-22  incremental fee for out-of-state wastes, the commission shall
   5-23  consider:
   5-24              (1)  factors specified by Section 361.139;
   5-25              (2)  added costs to the state of regulating the
   5-26  interstate transport and subsequent management and disposal of
   5-27  imported industrial solid wastes and hazardous wastes and their
   5-28  <its> associated risks;
   5-29              (3)  similar fees that may be imposed in a generator's
   5-30  state of origin for the storage, processing, or disposal of
   5-31  hazardous waste; and
   5-32              (4)  contributions in both fees and taxes paid by
   5-33  generators in this state to the support of the state's industrial
   5-34  solid waste and hazardous waste regulatory programs.
   5-35        (k)  A fee for industrial solid wastes or hazardous wastes
   5-36  that are legitimately reclaimed, reused, or recycled at a waste
   5-37  storage, processing, or disposal facility must be the same for
   5-38  wastes generated in state and out of state.
   5-39        (l)  Fees collected under this section shall be credited as
   5-40  follows:
   5-41              (1)  25 percent of the <commercial hazardous> waste
   5-42  management fees <fee> collected from each commercial waste storage,
   5-43  processing, or disposal facility under this section shall be
   5-44  credited to the hazardous and solid waste fees fund to be
   5-45  distributed to the county in which the facility is located to
   5-46  assist that county in defraying the costs associated with
   5-47  commercial industrial solid waste and hazardous waste management
   5-48  facilities; and
   5-49              (2)  of the remaining amount of the commercial
   5-50  <hazardous> waste management fees <fee> and of the total amount of
   5-51  the noncommercial <hazardous> waste management fees <fee> collected
   5-52  from each waste storage, processing, or disposal facility:
   5-53                    (A)  50 percent of each amount shall be credited
   5-54  to the hazardous and solid waste remediation fee fund; and
   5-55                    (B)  50 percent of each amount shall be credited
   5-56  to the hazardous and solid waste fees fund.
   5-57        (m)  Funds due an affected county under Subsection (l)(1)
   5-58  shall be paid by the commission not later than the 60th day after
   5-59  the receipt and verification of the payments from commercial
   5-60  facilities in the county.
   5-61        (n)  The commission by rule shall provide:
   5-62              (1)  for methods of computing the dry weight of
   5-63  industrial solid waste and hazardous waste; and
   5-64              (2)  for a method to determine or estimate the dry
   5-65  weight of small volumes of <hazardous> waste delivered to
   5-66  <hazardous> waste disposal facilities for which the costs of a dry
   5-67  weight analysis are disproportionate to the costs of disposal.
   5-68        (o)  A generator of industrial solid waste or hazardous waste
   5-69  shall provide to the operator of a land disposal facility
   5-70  certification of the computation of the dry weight of a <hazardous>
    6-1  waste to be disposed.
    6-2        SECTION 6.  Section 361.138, Health and Safety Code, is
    6-3  amended by amending Subsections (a) and (b) and adding Subsection
    6-4  (k) to read as follows:
    6-5        (a)  In this section, "lead-acid battery" means any battery
    6-6  <with a capacity of six or more volts> which contains lead and
    6-7  sulfuric acid.
    6-8        (b)  A wholesale or retail battery dealer who sells or offers
    6-9  to sell lead-acid batteries not for resale shall collect at the
   6-10  time and place of sale a fee for each nonexempt lead-acid battery
   6-11  sold, according to the following schedule:
   6-12              (1)  for a lead-acid battery with a capacity of less
   6-13  than 12 volts, a fee of $2;
   6-14              (2)  for a lead-acid battery with a capacity of 12 or
   6-15  more volts, a fee of $3.
   6-16        (k)  A battery is exempt from this section if it meets all of
   6-17  the following criteria:
   6-18              (1)  the ampere-hour rating of the battery is less than
   6-19  10 ampere-hours;
   6-20              (2)  the sum of the dimensions of the battery (height,
   6-21  width, and length) is less than 15 inches; and
   6-22              (3)  the battery is sealed so that no access to the
   6-23  interior of the battery is possible without destroying the battery.
   6-24        SECTION 7.  Section 361.139, Health and Safety Code, is
   6-25  amended to read as follows:
   6-26        Sec. 361.139.  Factors to be Considered in Setting Fees.
   6-27  (a)  To promote the public policy of preferred waste management
   6-28  methods under Section 361.023 and to provide for an equitable fee
   6-29  rate structure, the commission shall consider the following in
   6-30  establishing the fees authorized under this subchapter:
   6-31              (1)  the variation in risks to the public associated
   6-32  with different waste management methods, including storage,
   6-33  specifically:
   6-34                    (A)  promoting the establishment and maintenance
   6-35  of industrial solid waste and hazardous waste reclamation, reuse,
   6-36  and recycling facilities;
   6-37                    (B)  promoting the public policy of preferred
   6-38  waste management methods for waste streams that are amenable to
   6-39  multiple waste management methods; and
   6-40                    (C)  considering whether the waste is ultimately
   6-41  disposed of in the state;
   6-42              (2)  the funding needed to adequately and equitably
   6-43  support the regulation of industrial solid waste and hazardous
   6-44  waste generation, storage, processing, and disposal activities and
   6-45  the remediation of contaminated disposal sites, considering:
   6-46                    (A)  the nature and extent of regulated
   6-47  activities and the variation in the cost of regulating different
   6-48  types of facilities;
   6-49                    (B)  the cost to the state of operating an
   6-50  effective program for the regulation of industrial solid waste and
   6-51  hazardous waste which protects human health and the environment and
   6-52  is consistent with state and federal authority;
   6-53                    (C)  the higher costs of regulation and oversight
   6-54  that may be required for commercial <hazardous> waste management
   6-55  facilities;
   6-56                    (D)  the sources and causes of contamination at
   6-57  sites in need of remediation; and
   6-58                    (E)  the benefits and beneficiaries of the
   6-59  regulatory programs and activities supported through fees assessed
   6-60  under this subchapter;
   6-61              (3)  promoting the efficient and effective use of
   6-62  existing industrial solid waste and hazardous waste storage,
   6-63  processing, and disposal facilities within the state;
   6-64              (4)  whether a volume of waste received by a facility
   6-65  has been or will be assessed a <hazardous> waste management fee at
   6-66  other facilities under Section 361.136; and
   6-67              (5)  the prevailing rates of similar fees for
   6-68  industrial solid waste and hazardous waste activities charged in
   6-69  other states to which wastes from this state may be exported or
   6-70  from which wastes may be imported for storage, processing, or
    7-1  disposal.
    7-2        (b)  In addition to the factors prescribed in Subsection (a),
    7-3  the commission, in establishing fees for the management of
    7-4  hazardous waste under Section 361.136, shall also consider:
    7-5              (1)  the amount of state matching funds necessary for
    7-6  remedial actions under the Comprehensive Environmental Response,
    7-7  Compensation and Liability Act; and
    7-8              (2)  the costs of state-funded remedial actions under
    7-9  Subchapter F.
   7-10        SECTION 8.  Section 361.140, Health and Safety Code, is
   7-11  amended to read as follows:
   7-12        Sec. 361.140.  Interest and Penalties.  (a)  The commission
   7-13  by rule shall establish requirements for the assessment of
   7-14  penalties and interest for late payment of fees owed the state
   7-15  <Interest at an annual rate of 15 percent of the amount of a fee
   7-16  due> under Sections 361.134 through 361.137 <and unpaid accrues
   7-17  from the date on which the fee is due>.  Penalties and interest
   7-18  established under this section shall not exceed rates established
   7-19  for delinquent taxes under Sections 111.060 and 111.061, Tax Code.
   7-20        (b)  A person is subject to a civil penalty of up to $100 for
   7-21  each day the violation continues for failure to timely submit a
   7-22  properly completed report as required by commission rule under
   7-23  Section 361.035.
   7-24        (c)  Interest collected under this section for late payment
   7-25  of a fee shall be deposited in the state treasury to the credit of
   7-26  the respective fund to which the late fee is credited.
   7-27        (d)  Any penalty collected under this section for late filing
   7-28  of reports shall be deposited in the state treasury to the credit
   7-29  of the hazardous and solid waste remediation fee fund.
   7-30        SECTION 9.  The importance of this legislation and the
   7-31  crowded condition of the calendars in both houses create an
   7-32  emergency and an imperative public necessity that the
   7-33  constitutional rule requiring bills to be read on three several
   7-34  days in each house be suspended, and this rule is hereby suspended,
   7-35  and that this Act take effect and be in force from and after its
   7-36  passage, and it is so enacted.
   7-37                               * * * * *
   7-38                                                         Austin,
   7-39  Texas
   7-40                                                         April 15, 1993
   7-41  Hon. Bob Bullock
   7-42  President of the Senate
   7-43  Sir:
   7-44  We, your Committee on Finance to which was referred S.B. No. 1201,
   7-45  have had the same under consideration, and I am instructed to
   7-46  report it back to the Senate with the recommendation that it do not
   7-47  pass, but that the Committee Substitute adopted in lieu thereof do
   7-48  pass and be printed.
   7-49                                                         Montford,
   7-50  Chairman
   7-51                               * * * * *
   7-52                               WITNESSES
   7-53                                                  FOR   AGAINST  ON
   7-54  ___________________________________________________________________
   7-55  Name:  Bob Leonard, Jr.                          x
   7-56  Representing:  Tx Burglar & Fire Alarm Assoc
   7-57  City:  Austin
   7-58  -------------------------------------------------------------------
   7-59  Name:  Stephen Minick                                          x
   7-60  Representing:  Tx. Water Commission
   7-61  City:  Austin
   7-62  -------------------------------------------------------------------