By: Montford S.B. No. 1243
A BILL TO BE ENTITLED
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. The amount of cash to be
2-4 transferred shall not exceed $120 million. The transfer shall be
2-5 made on September 1, 1993, or as soon as practicable thereafter.
2-6 (2) Notwithstanding other law, fees collected under
2-7 Section 26.3574, Water Code, in the amount of the cash transfer
2-8 authorized in subdivision (1) above, shall be deposited to the
2-9 credit of the general revenue fund until the amount of the
2-10 temporary cash transfer has been repaid. Fees collected in excess
2-11 of the amount required for repayment of the cash transfer shall be
2-12 deposited to the credit of the petroleum storage tank remediation
2-13 fund.
2-14 (3) The amount transferred under Subdivision (1) is a
2-15 receivable of the general revenue fund for the purpose of
2-16 statements that the comptroller submits under Article III, Section
2-17 49A, of the Texas Constitution. The transferred amount is
2-18 available for appropriation by the legislature.
2-19 (4) This subsection expires August 31, 1995 or upon
2-20 full repayment to the general revenue fund of the cash transfer.
2-21 SECTION 2. Section 26.3573, Water Code, is amended by
2-22 amending Subsections (b) and (g) and adding Subsection (p) to read
2-23 as follows:
2-24 (b) The petroleum storage tank remediation fund consists of
2-25 money from:
3-1 (1) fees charged under Section 26.3574 of this code;
3-2 (2) the interest and penalties for the late payment of
3-3 the fee charged under Section 26.3574 of this code; <and>
3-4 (3) funds received from cost recovery for corrective
3-5 action and enforcement actions concerning petroleum storage tanks
3-6 as provided by this subchapter; and
3-7 (4) temporary cash transfers from the General Revenue
3-8 fund as described in Government Code, Section 403.092(c).
3-9 (g) The commission shall administer the petroleum storage
3-10 tank remediation fund and by rule adopt guidelines and procedures
3-11 for the use of and eligibility for that fund, subject to the
3-12 availability of money in the fund, as the commission finds
3-13 necessary to:
3-14 (1) make the most efficient use of the money
3-15 available, including:
3-16 (A) establishing priorities for payments from
3-17 the fund; and
3-18 (B) suspending payments from the fund; and
3-19 (2) provide the most effective protection to the
3-20 environment and provide for the public health and safety.
3-21 (p) An owner or operator shall not be entitled to, nor shall
3-22 be paid, interest on any claim for payment from the petroleum
3-23 storage tank remediation fund.
3-24 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
3-25 by adding Section 26.35735 to read as follows:
4-1 Sec. 26.35735. CLAIMS AUDIT. (a) The commission annually
4-2 shall audit claims for payment from the petroleum storage tank
4-3 remediation fund.
4-4 (b) The commission shall conduct the audit in accordance
4-5 with generally accepted accounting standards as prescribed by the
4-6 American Institute of Certified Public Accountants, the
4-7 Governmental Accounting Standards Board, the United States General
4-8 Accounting Office, or other professionally recognized entities that
4-9 prescribe auditing standards.
4-10 (c) The commission may use generally recognized sampling
4-11 techniques to audit claims if the commission determines that the
4-12 use of those techniques would be cost-effective and would promote
4-13 greater efficiency in administering claims for payment from the
4-14 petroleum storage tank remediation fund.
4-15 (d) The commission may adopt rules necessary to implement
4-16 this section.
4-17 SECTION 4. This Act takes effect September 1, 1993.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended.