1-1 By: Montford S.B. No. 1243
1-2 (In the Senate - Filed March 12, 1993; March 16, 1993, read
1-3 first time and referred to Committee on Finance; March 31, 1993,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 11, Nays 0; March 31, 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. 1243 By: Montford
1-22 A BILL TO BE ENTITLED
1-23 AN ACT
1-24 relating to the receipt, management, and expenditure of funds in
1-25 the state treasury and the petroleum storage tank remediation fund.
1-26 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-27 SECTION 1. Section 403.092, Government Code, is amended to
1-28 read as follows:
1-29 Sec. 403.092. TEMPORARY TRANSFER OF SURPLUS AND OTHER CASH.
1-30 (a) To allow efficient management of the cash flow of the general
1-31 revenue fund and to avoid temporary cash deficiency in that fund,
1-32 the comptroller, with the consent of the state treasurer, may
1-33 transfer surplus cash, except constitutionally dedicated revenues,
1-34 between funds in the state treasury. As soon as practicable the
1-35 comptroller shall return the surplus cash to the fund from which it
1-36 was transferred. The comptroller shall preserve the fund equity
1-37 and the state treasurer shall allocate the depository interest as
1-38 if the transfer had not been made.
1-39 (b) If the comptroller submits a statement under Article
1-40 III, Section 49a, of the Texas Constitution when surplus cash
1-41 transferred under Subsection (a) <this section> is in the general
1-42 revenue fund, the comptroller shall indicate in that statement that
1-43 the transferred surplus cash is in the general revenue fund, is a
1-44 liability of that fund, and is not available for appropriation by
1-45 the legislature.
1-46 (c)(1) The comptroller may temporarily transfer cash from
1-47 the general revenue fund to the petroleum storage tank remediation
1-48 fund during the 1994-1995 biennium for the purpose of paying
1-49 reimbursement claims against that fund. The amount of cash to be
1-50 transferred shall not exceed $120 million. The transfer shall be
1-51 made on September 1, 1993, or as soon as practicable thereafter.
1-52 (2) Notwithstanding other law, fees collected under
1-53 Section 26.3574, Water Code, shall be deposited to the credit of
1-54 the general revenue fund until the amount of the fees collected and
1-55 so deposited to the credit of the general revenue fund equals the
1-56 amount of the temporary cash transfer authorized in Subdivision (1)
1-57 plus the amount of funds transferred to the petroleum storage tank
1-58 remediation fund under Subdivision (3). Fees collected in excess
1-59 of the amount required by this subdivision shall be deposited to
1-60 the credit of the petroleum storage tank remediation fund.
1-61 (3) The comptroller and the Texas Natural Resource
1-62 Conservation Commission shall develop a schedule to transfer funds
1-63 deposited to the credit of the general revenue fund under
1-64 Subdivision (2) to the petroleum storage tank remediation fund for
1-65 the commission's use in accordance with Section 26.3573(d), Water
1-66 Code.
1-67 (4) The amount transferred under Subdivisions (1) and
1-68 (3) is a receivable of the general revenue fund for the purpose of
2-1 statements that the comptroller submits under Article III, Section
2-2 49a, of the Texas Constitution. The transferred amount is
2-3 available for appropriation by the legislature.
2-4 (5) This subsection expires on the latter of August
2-5 31, 1995, or on the date of full repayment to the general revenue
2-6 fund of the amount required under Subdivision (2).
2-7 SECTION 2. Section 26.3573, Water Code, is amended by
2-8 amending Subsections (b), (d), and (g) and by adding Subsection (p)
2-9 to read as follows:
2-10 (b) The petroleum storage tank remediation fund consists of
2-11 money from:
2-12 (1) fees charged under Section 26.3574 of this code;
2-13 (2) the interest and penalties for the late payment of
2-14 the fee charged under Section 26.3574 of this code; <and>
2-15 (3) funds received from cost recovery for corrective
2-16 action and enforcement actions concerning petroleum storage tanks
2-17 as provided by this subchapter; and
2-18 (4) temporary cash transfers and other transfers from
2-19 the general revenue fund authorized by Section 403.092(c),
2-20 Government Code.
2-21 (d) The commission may use the money in the petroleum
2-22 storage tank remediation fund to pay:
2-23 (1) necessary expenses associated with the
2-24 administration of the petroleum storage tank remediation fund and
2-25 the groundwater protection cleanup program, not to exceed an amount
2-26 equal to five <three> percent of the gross receipts of that fund,
2-27 provided that the increment between two and three percent of the
2-28 gross receipts may be used only to pay administrative expenses
2-29 associated with regulating petroleum storage tanks, reimbursing
2-30 eligible owners and operators, and disposing of contaminated soils,
2-31 and further provided that the increment between three and five
2-32 percent of the gross receipts may be used only to pay
2-33 administrative expenses associated with conducting claims audits in
2-34 accordance with Section 26.35735 of this code, reimbursing eligible
2-35 owners and operators, and disposing of contaminated soils;
2-36 (2) expenses associated with investigation, cleanup,
2-37 or corrective action measures performed in response to a release or
2-38 threatened release from a petroleum storage tank, whether those
2-39 expenses are incurred by the commission or pursuant to a contract
2-40 between a contractor and an eligible owner or operator as
2-41 authorized by this subchapter; and
2-42 (3) subject to the conditions of Subsection (e) of
2-43 this section, expenses associated with investigation, cleanup, or
2-44 corrective action measures performed in response to a release or
2-45 threatened release of hydraulic fluid or spent oil from hydraulic
2-46 lift systems or tanks located at a vehicle service and fueling
2-47 facility and used as part of the operations of that facility.
2-48 (g) The commission shall administer the petroleum storage
2-49 tank remediation fund and by rule adopt guidelines and procedures
2-50 for the use of and eligibility for that fund, subject to the
2-51 availability of money in that fund, as the commission finds
2-52 necessary to:
2-53 (1) make the most efficient use of the money
2-54 available, including:
2-55 (A) establishing priorities for payments from
2-56 the fund; and
2-57 (B) suspending payments from the fund; and
2-58 (2) provide the most effective protection to the
2-59 environment and provide for the public health and safety.
2-60 (p) An owner or operator shall not be entitled to, nor shall
2-61 be paid, interest on any claim for payment from the petroleum
2-62 storage tank remediation fund.
2-63 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended
2-64 by adding Section 26.35735 to read as follows:
2-65 Sec. 26.35735. CLAIMS AUDIT. (a) The commission annually
2-66 shall audit claims for payment from the petroleum storage tank
2-67 remediation fund.
2-68 (b) The commission shall conduct the audit in accordance
2-69 with generally accepted accounting standards as prescribed by the
2-70 American Institute of Certified Public Accountants, the
3-1 Governmental Accounting Standards Board, the United States General
3-2 Accounting Office, or other professionally recognized entities that
3-3 prescribe auditing standards.
3-4 (c) The commission may use generally recognized sampling
3-5 techniques to audit claims if the commission determines that the
3-6 use of those techniques would be cost-effective and would promote
3-7 greater efficiency in administering claims for payment from the
3-8 petroleum storage tank remediation fund.
3-9 (d) The commission may adopt rules necessary to implement
3-10 this section.
3-11 SECTION 4. This Act takes effect September 1, 1993.
3-12 SECTION 5. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.
3-17 * * * * *
3-18 Austin,
3-19 Texas
3-20 March 31, 1993
3-21 Hon. Bob Bullock
3-22 President of the Senate
3-23 Sir:
3-24 We, your Committee on Finance to which was referred S.B. No. 1243,
3-25 have had the same under consideration, and I am instructed to
3-26 report it back to the Senate with the recommendation that it do not
3-27 pass, but that the Committee Substitute adopted in lieu thereof do
3-28 pass and be printed.
3-29 Montford,
3-30 Chairman
3-31 * * * * *
3-32 WITNESSES
3-33 FOR AGAINST ON
3-34 ___________________________________________________________________
3-35 Name: Brooks Smith x
3-36 Representing: Tx Oil Marketers Assoc.
3-37 City: Austin
3-38 -------------------------------------------------------------------
3-39 Name: Scott Fisher x
3-40 Representing: Tx Oil Marketers Assoc.
3-41 City: Austin
3-42 -------------------------------------------------------------------
3-43 Name: Jim Haley x
3-44 Representing: Texas Water Commission
3-45 City: Austin
3-46 -------------------------------------------------------------------
3-47 Name: Gayle Vickers x
3-48 Representing: Tx Bankers Assoc.
3-49 City: Austin
3-50 -------------------------------------------------------------------
3-51 Name: Roger G. Bourdeau x
3-52 Representing: Tx Assoc. of Storage Tank
3-53 City: Austin
3-54 -------------------------------------------------------------------
3-55 Name: Sam J. Susser x
3-56 Representing: Susser Companies
3-57 City: Corpus Christi
3-58 -------------------------------------------------------------------
3-59 Name: Gwen Montgomery x
3-60 Representing: Tx Assoc. Storage Tank Prof
3-61 City: Houston
3-62 -------------------------------------------------------------------
3-63 FOR AGAINST ON
3-64 ___________________________________________________________________
3-65 Name: Edwin C. Kettenbrink, Jr. x
3-66 Representing: Landmark Environmental
3-67 City: Euless
3-68 -------------------------------------------------------------------
3-69 Name: Jerry Susser x
3-70 Representing: Susser Environmental
4-1 City: Corpus Christi
4-2 -------------------------------------------------------------------
4-3 Name: Rich Atwell x
4-4 Representing: Coastal Transport Co., Inc.
4-5 City: San Antonio
4-6 -------------------------------------------------------------------
4-7 Name: Joseph F. Phillips x
4-8 Representing: Phillips Properties, Inc.
4-9 City: McAllen
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