S.B. No. 1243
AN ACT
1-1 relating to the receipt, management, and expenditure of funds in
1-2 the state treasury and the petroleum storage tank remediation fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 403.092, Government Code, is amended to
1-5 read as follows:
1-6 Sec. 403.092. TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
1-7 (a) To allow efficient management of the cash flow of the general
1-8 revenue fund and to avoid temporary cash deficiency in that fund,
1-9 the comptroller, with the consent of the state treasurer, may
1-10 transfer surplus cash, except constitutionally dedicated revenues,
1-11 between funds in the state treasury. As soon as practicable the
1-12 comptroller shall return the surplus cash to the fund from which it
1-13 was transferred. The comptroller shall preserve the fund equity
1-14 and the state treasurer shall allocate the depository interest as
1-15 if the transfer had not been made.
1-16 (b) If the comptroller submits a statement under Article
1-17 III, Section 49a, of the Texas Constitution when surplus cash
1-18 transferred under Subsection (a) <this section> is in the general
1-19 revenue fund, the comptroller shall indicate in that statement that
1-20 the transferred surplus cash is in the general revenue fund, is a
1-21 liability of that fund, and is not available for appropriation by
1-22 the legislature.
1-23 (c)(1) The comptroller may temporarily transfer cash from
2-1 the general revenue fund to the petroleum storage tank remediation
2-2 fund during the 1994-1995 biennium for the purpose of paying
2-3 reimbursement claims against that fund and for paying the necessary
2-4 expenses associated with the administration of that fund. The
2-5 amount of cash to be transferred shall not exceed $120 million.
2-6 The transfer shall be made on September 1, 1993, or as soon as
2-7 practicable thereafter.
2-8 (2) Notwithstanding other law, fees collected under
2-9 Section 26.3574, Water Code, shall be deposited to the credit of
2-10 the general revenue fund until the amount of the fee collections so
2-11 deposited to the credit of the general revenue fund equals the
2-12 amount of the temporary cash transfer authorized in Subdivision
2-13 (1). Fees collected in excess of the amount required by this
2-14 subdivision shall be deposited to the credit of the petroleum
2-15 storage tank remediation fund.
2-16 (3) The amount transferred under Subdivision (1) is a
2-17 receivable of the general revenue fund for the purpose of
2-18 statements that the comptroller submits under Article III, Section
2-19 49a, of the Texas Constitution. The transferred amount is
2-20 available for appropriation by the legislature.
2-21 (4) This subsection expires on the latter of
2-22 August 31, 1995, or the date of full repayment to the general
2-23 revenue fund of the amount required under Subdivision (2).
2-24 SECTION 2. Section 26.3573, Water Code, is amended by
2-25 amending Subsections (b), (d), and (g) and by adding Subsection (p)
3-1 to read as follows:
3-2 (b) The petroleum storage tank remediation fund consists of
3-3 money from:
3-4 (1) fees charged under Section 26.3574 of this code;
3-5 (2) the interest and penalties for the late payment of
3-6 the fee charged under Section 26.3574 of this code; <and>
3-7 (3) funds received from cost recovery for corrective
3-8 action and enforcement actions concerning petroleum storage tanks
3-9 as provided by this subchapter; and
3-10 (4) temporary cash transfers and other transfers from
3-11 the general revenue fund authorized by Section 403.092(c),
3-12 Government Code.
3-13 (d) The commission may use the money in the petroleum
3-14 storage tank remediation fund to pay:
3-15 (1) necessary expenses associated with the
3-16 administration of the petroleum storage tank remediation fund and
3-17 the groundwater protection cleanup program, not to exceed an amount
3-18 equal to five <three> percent of the gross receipts of that fund,
3-19 provided that the increment between two and three percent of the
3-20 gross receipts may be used only to pay administrative expenses
3-21 associated with regulating petroleum storage tanks, reimbursing
3-22 eligible owners and operators, and disposing of contaminated soils,
3-23 and further provided that the increment between three and five
3-24 percent of the gross receipts may be used only to pay
3-25 administrative expenses associated with conducting claims audits in
4-1 accordance with Section 26.35735 of this code, reimbursing eligible
4-2 owners and operators, and disposing of contaminated soils;
4-3 (2) expenses associated with investigation, cleanup,
4-4 or corrective action measures performed in response to a release or
4-5 threatened release from a petroleum storage tank, whether those
4-6 expenses are incurred by the commission or pursuant to a contract
4-7 between a contractor and an eligible owner or operator as
4-8 authorized by this subchapter; and
4-9 (3) subject to the conditions of Subsection (e) of
4-10 this section, expenses associated with investigation, cleanup, or
4-11 corrective action measures performed in response to a release or
4-12 threatened release of hydraulic fluid or spent oil from hydraulic
4-13 lift systems or tanks located at a vehicle service and fueling
4-14 facility and used as part of the operations of that facility.
4-15 (g) The commission shall administer the petroleum storage
4-16 tank remediation fund and by rule adopt guidelines and procedures
4-17 for the use of and eligibility for that fund, subject to the
4-18 availability of money in that fund, as the commission finds
4-19 necessary to:
4-20 (1) make the most efficient use of the money
4-21 available, including:
4-22 (A) establishing priorities for payments from
4-23 the fund; and
4-24 (B) suspending payments from the fund; and
4-25 (2) provide the most effective protection to the
5-1 environment and provide for the public health and safety.
5-2 (p) An owner or operator shall not be entitled to, nor shall
5-3 be paid, interest on any claim for payment from the petroleum
5-4 storage tank remediation fund.
5-5 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
5-6 by adding Section 26.35735 to read as follows:
5-7 Sec. 26.35735. CLAIMS AUDIT. (a) The commission annually
5-8 shall audit claims for payment from the petroleum storage tank
5-9 remediation fund.
5-10 (b) The commission shall conduct the audit in accordance
5-11 with generally accepted accounting standards as prescribed by the
5-12 American Institute of Certified Public Accountants, the
5-13 Governmental Accounting Standards Board, the United States General
5-14 Accounting Office, or other professionally recognized entities that
5-15 prescribe auditing standards.
5-16 (c) The commission may use generally recognized sampling
5-17 techniques to audit claims if the commission determines that the
5-18 use of those techniques would be cost-effective and would promote
5-19 greater efficiency in administering claims for payment from the
5-20 petroleum storage tank remediation fund.
5-21 (d) The commission may adopt rules necessary to implement
5-22 this section.
5-23 SECTION 4. This Act takes effect September 1, 1993.
5-24 SECTION 5. The importance of this legislation and the
5-25 crowded condition of the calendars in both houses create an
6-1 emergency and an imperative public necessity that the
6-2 constitutional rule requiring bills to be read on three several
6-3 days in each house be suspended, and this rule is hereby suspended.