By Alexander, Craddick, Stiles, Chisum, Saunders       H.B. No. 843
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the regulation of petroleum storage tanks.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Section 26.346, Water Code, is amended by adding
    1-5  Subsection (e) to read as follows:
    1-6        (e)  The owner or operator of an underground or aboveground
    1-7  storage tank installed before December 1, 1995, that is required to
    1-8  be registered under this section and that has not been registered
    1-9  on or before December 31, 1995, is not eligible to receive
   1-10  reimbursement for that tank from the petroleum storage tank
   1-11  remediation fund.  The owner or operator of an underground or
   1-12  aboveground storage tank installed on or after December 1, 1995,
   1-13  must register the tank under this section not later than the 30th
   1-14  day after the date the installation is completed to be eligible for
   1-15  reimbursement for the new tank.
   1-16        SECTION 2.  Subchapter I, Chapter 26, Water Code, is amended
   1-17  by adding Section 26.35731 to read as follows:
   1-18        Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS
   1-19  FOR REIMBURSEMENT.  (a)  Except as provided by Subsection (b), the
   1-20  commission shall consider and process a claim by an eligible owner
   1-21  or operator for reimbursement from the petroleum storage tank
   1-22  remediation fund in the order in which it is received.
   1-23        (b)  The commission may not consider, process, or pay a claim
   1-24  for reimbursement from the petroleum storage tank remediation fund
    2-1  for remediation work begun after September 1, 1993, and without
    2-2  prior commission approval until all claims for reimbursement for
    2-3  remediation work preapproved by the commission have been
    2-4  considered, processed, and paid.
    2-5        SECTION 3.  Sections 26.3574(b), (x), and (y), Water Code,
    2-6  are amended to read as follows:
    2-7        (b)  A fee is imposed on the delivery of a petroleum product
    2-8  on withdrawal from bulk of that product as provided by this
    2-9  subsection.  Each operator of a bulk facility on withdrawal from
   2-10  bulk of a petroleum product shall collect from the person who
   2-11  orders the withdrawal a fee in an amount determined as follows:
   2-12              (1)  $25 <$12.50> for each delivery into a cargo tank
   2-13  having a capacity of less than 2,500 gallons;
   2-14              (2)  $50 <$25> for each delivery into a cargo tank
   2-15  having a capacity of 2,500 gallons or more but less than 5,000
   2-16  gallons;
   2-17              (3)  $75 <$37.50> for each delivery into a cargo tank
   2-18  having a capacity of 5,000 gallons or more but less than 8,000
   2-19  gallons;
   2-20              (4)  $100 <$50> for each delivery into a cargo tank
   2-21  having a capacity of 8,000 gallons or more but less than 10,000
   2-22  gallons; and
   2-23              (5)  a $50 <$25> fee for each increment of 5,000
   2-24  gallons or any part thereof delivered into a cargo tank having a
   2-25  capacity of 10,000 gallons or more.
   2-26        (x)  After the deposits have been made to the credit of the
   2-27  general revenue fund as required by Section 403.092(c)(2),
    3-1  Government Code, as added by Chapter 533, Acts of the 73rd
    3-2  Legislature, 1993, the <The> fee imposed under this section may not
    3-3  be collected or required to be paid on or after the first day of
    3-4  the second month following notification by the commission of the
    3-5  date on which the unobligated balance in the petroleum storage tank
    3-6  remediation fund equals or exceeds $50 <$125 million during the
    3-7  1990-1991 state fiscal biennium or $100> million <thereafter>.  The
    3-8  commission shall notify the comptroller in writing of the date on
    3-9  which the unobligated balance equals or exceeds $50 <$125 million
   3-10  during the 1990-1991 state fiscal biennium or $100> million
   3-11  <thereafter>.
   3-12        (y)  If the unobligated balance in the petroleum storage tank
   3-13  remediation fund falls below <$50 million during the 1990-1991
   3-14  state fiscal biennium or> $25 million <thereafter>, the fee shall
   3-15  be reinstated, effective on the first day of the second month
   3-16  following notification by the commission, in amounts determined as
   3-17  follows:
   3-18              (1)  $12.50 for each delivery into a cargo tank having
   3-19  a capacity of less than 2,500 gallons;
   3-20              (2)  $25 for each delivery into a cargo tank having a
   3-21  capacity of 2,500 gallons or more but less than 5,000 gallons;
   3-22              (3)  $37.50 for each delivery into a cargo tank having
   3-23  a capacity of 5,000 gallons or more but less than 8,000 gallons;
   3-24              (4)  $50 for each delivery into a cargo tank having a
   3-25  capacity of 8,000 gallons or more but less than 10,000 gallons; and
   3-26              (5)  a $25 fee for each increment of 5,000 gallons or
   3-27  any part thereof delivered into a cargo tank having a capacity of
    4-1  10,000 gallons or more.
    4-2        SECTION 4.  Section 403.092(c), Government Code, as added by
    4-3  Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
    4-4  amended to read as follows:
    4-5        (c)(1)  The comptroller may temporarily transfer cash from
    4-6  the general revenue fund to the petroleum storage tank remediation
    4-7  fund during the 1996-1997 <1994-1995> biennium for the purpose of
    4-8  paying reimbursement claims against that fund that are filed with
    4-9  the Texas Natural Resource Conservation Commission on or before
   4-10  August 31, 1995, and for paying the necessary expenses associated
   4-11  with the administration of that fund.  The amount of cash to be
   4-12  transferred shall not exceed $120 million.  The transfer shall be
   4-13  made on September 1, 1995 <1993>, or as soon as practicable
   4-14  thereafter.
   4-15              (2)  Notwithstanding other law, $80 million of the fees
   4-16  collected under Section 26.3574, Water Code, shall be deposited to
   4-17  the credit of the general revenue fund not later than August 31,
   4-18  1996, and $40 million of those fees shall be deposited to the
   4-19  credit of that fund not later than May 31, 1997 <until the amount
   4-20  of the fee collections so deposited to the credit of the general
   4-21  revenue fund equals the amount of the temporary cash transfer
   4-22  authorized in Subdivision (1)>.  The remaining fees <Fees>
   4-23  collected under that section in excess of the amounts <amount>
   4-24  required by this subdivision to be deposited to the credit of the
   4-25  general revenue fund shall be deposited to the credit of the
   4-26  petroleum storage tank remediation fund.
   4-27              (3)  The amount transferred under Subdivision (1) is a
    5-1  receivable of the general revenue fund for the purpose of
    5-2  statements that the comptroller submits under Article III, Section
    5-3  49a, of the Texas Constitution.  The transferred amount is
    5-4  available for appropriation by the legislature.
    5-5              (4)  This subsection expires on the latter of August
    5-6  31, 1997 <1995>, or the date of full repayment to the general
    5-7  revenue fund of the amount required under Subdivision (2).
    5-8        SECTION 5.  Subchapter I, Chapter 26, Water Code, is amended
    5-9  by adding Sections 26.360 and 26.361 to read as follows:
   5-10        Sec. 26.360.  PRIVATIZATION OF PROGRAM.  Notwithstanding
   5-11  other provisions of this subchapter, the commission by rule may
   5-12  authorize the privatization of any part of the program established
   5-13  under this subchapter.
   5-14        Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.
   5-15  Notwithstanding any other provision of this subchapter, the
   5-16  reimbursement program established under this subchapter expires
   5-17  September 1, 2001.  On or after September 1, 2001, the commission
   5-18  may not use money from the petroleum storage tank remediation fund
   5-19  to reimburse an eligible owner or operator for any expenses of
   5-20  corrective action or to pay the claim of a person who has
   5-21  contracted with an eligible owner or operator to perform corrective
   5-22  action.
   5-23        SECTION 6.  This Act takes effect September 1, 1995.
   5-24        SECTION 7.  The importance of this legislation and the
   5-25  crowded condition of the calendars in both houses create an
   5-26  emergency and an imperative public necessity that the
   5-27  constitutional rule requiring bills to be read on three several
    6-1  days in each house be suspended, and this rule is hereby suspended.