H.B. No. 2587
    1-1                                AN ACT
    1-2  relating to the regulation of certain aboveground and underground
    1-3  storage tanks and the regulation of underground storage tank
    1-4  installers; providing penalties.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Section 26.341(b), Water Code, is amended to read
    1-7  as follows:
    1-8        (b)  The legislature declares that it is the policy of this
    1-9  state and the purpose of this subchapter to:
   1-10              (1)  maintain and protect the quality of groundwater
   1-11  and surface water resources in the state from certain substances in
   1-12  underground and aboveground storage tanks that may pollute
   1-13  groundwater and surface water resources; and
   1-14              (2)  require the use of all reasonable methods,
   1-15  including risk-based corrective action, to implement this policy.
   1-16        SECTION 2.  Section 26.342, Water Code, is amended by adding
   1-17  a new Subdivision (13) and renumbering subsequent subdivisions to
   1-18  read as follows:
   1-19              (13)  "Risk-based corrective action" means site
   1-20  assessment or site remediation, the timing, type, and degree of
   1-21  which is determined according to case-by-case consideration of
   1-22  actual or potential risk to public health from environmental
   1-23  exposure to a regulated substance released from a leaking
   1-24  underground or aboveground storage tank.
    2-1              (14) <(13)>  "Spent oil" means a regulated substance
    2-2  that is a lubricating oil or similar petroleum substance which has
    2-3  been refined from crude oil, used for its designed or intended
    2-4  purposes, and contaminated as a result of that use by physical or
    2-5  chemical impurities, including spent motor vehicle lubricating
    2-6  oils, transmission fluid, or brake fluid.
    2-7              (15) <(14)>  "Underground storage tank" means any one
    2-8  or combination of underground tanks and any connecting underground
    2-9  pipes used to contain an accumulation of regulated substances, the
   2-10  volume of which, including the volume of the connecting underground
   2-11  pipes, is 10 percent or more beneath the surface of the ground.
   2-12              (16) <(15)>  "Vehicle service and fueling facility"
   2-13  means a facility where motor vehicles are serviced or repaired and
   2-14  where petroleum products are stored and dispensed from fixed
   2-15  equipment into the fuel tanks of motor vehicles.
   2-16        SECTION 3.  Section 26.346, Water Code, is amended by adding
   2-17  Subsections (e) and (f) to read as follows:
   2-18        (e)  The owner or operator of an underground or aboveground
   2-19  storage tank installed before December 1, 1995, that is required to
   2-20  be registered under this section and that has not been registered
   2-21  on or before December 31, 1995, is not eligible to receive
   2-22  reimbursement for that tank from the petroleum storage tank
   2-23  remediation fund except for:
   2-24              (1)  an owner of a registered facility who discovers an
   2-25  unregistered tank while removing, upgrading, or replacing a tank or
   2-26  while performing a site assessment;
   2-27              (2)  a state or local governmental agency that
    3-1  purchases a right-of-way and discovers during construction an
    3-2  unregistered tank in the right-of-way; or
    3-3              (3)  a property owner who reasonably could not have
    3-4  known that a tank was located on the property because a title
    3-5  search or the previous use of the property does not indicate a tank
    3-6  on the property.
    3-7        (f)  The owner or operator of an underground or aboveground
    3-8  storage tank installed on or after December 1, 1995, must register
    3-9  the tank under this section not later than the 30th day after the
   3-10  date the installation is completed to be eligible for reimbursement
   3-11  for the new tank.
   3-12        SECTION 4.  Subchapter I, Chapter 26, Water Code, is amended
   3-13  by adding Section 26.3475 to read as follows:
   3-14        Sec. 26.3475.  RELEASE DETECTION REQUIREMENTS; SPILL AND
   3-15  OVERFILL PREVENTION; CORROSION PROTECTION; NOTICE OF VIOLATION;
   3-16  SHUTDOWN.  (a)  All piping in an underground storage tank system
   3-17  that routinely conveys regulated substances under pressure must
   3-18  comply with commission requirements for pressurized piping release
   3-19  detection equipment.
   3-20        (b)  All piping in an underground storage tank system that
   3-21  routinely conveys regulated substances under suction must comply
   3-22  with commission requirements for suction-type piping release
   3-23  detection equipment.
   3-24        (c)  A tank in an underground storage tank system must comply
   3-25  with commission requirements for:
   3-26              (1)  tank release detection equipment; and
   3-27              (2)  spill and overfill equipment.
    4-1        (d)  An underground storage tank system must comply with
    4-2  commission requirements for applicable tank integrity assessment
    4-3  and corrosion protection not later than December 22, 1998.
    4-4        (e)  The commission may issue a notice of violation to the
    4-5  owner or operator of an underground storage tank system that does
    4-6  not comply with this section, informing the owner or operator of
    4-7  the nature of the violation and that the commission may order the
    4-8  noncomplying underground storage tank system placed out of service
    4-9  if the owner or operator does not correct the violation within 30
   4-10  days after the date the notice is received.  If the owner or
   4-11  operator does not correct the violation within the prescribed time,
   4-12  the commission may order the noncomplying underground storage tank
   4-13  system out of service.
   4-14        SECTION 5.  Section 26.3512, Water Code, is amended by
   4-15  amending Subsections (b) and (e) and by adding Subsections (f)-(k)
   4-16  to read as follows:
   4-17        (b)  Funds from the petroleum storage tank remediation fund
   4-18  may not be used to pay, and the owner or operator of a petroleum
   4-19  storage tank ordered by the commission to take corrective action is
   4-20  responsible for payment of, the following:
   4-21              (1)  the owner or operator contribution described by
   4-22  Subsections (e)-(k) <Subsection (e) of this section>;
   4-23              (2)  any expenses for corrective action that exceed the
   4-24  applicable amount specified by Section 26.3573(l) <$1 million for
   4-25  each occurrence>;
   4-26              (3)  any expenses for corrective action that are not
   4-27  covered by payment from the petroleum storage tank remediation fund
    5-1  under the rules or decisions of the commission under this
    5-2  subchapter; <or>
    5-3              (4)  any expenses for corrective action not ordered or
    5-4  agreed to by the commission; or
    5-5              (5)  any expenses for corrective action incurred for
    5-6  confirmed releases initially discovered and reported to the
    5-7  commission after December 22, 1998.
    5-8        (e)  If an owner or operator submits a site assessment in
    5-9  accordance with commission rules before December 23, 1996, the <An>
   5-10  owner or operator shall pay under Subsection (b)(1) <of this
   5-11  section> the first expenses for corrective action taken for each
   5-12  occurrence as follows:
   5-13              (1)  a person who owns or operates 1,000 or more single
   5-14  petroleum storage tanks, the first $10,000;
   5-15              (2)  a person who owns or operates not fewer than 100
   5-16  or more than 999 single petroleum storage tanks, the first $5,000;
   5-17              (3)  a person who owns or operates not fewer than 13 or
   5-18  more than 99 single petroleum storage tanks, the first $2,500; and
   5-19              (4)  a person who owns or operates fewer than 13 single
   5-20  petroleum storage tanks, the first $1,000.
   5-21        (f)  If an owner or operator does not submit a site
   5-22  assessment in accordance with commission rules before December 23,
   5-23  1996, the owner or operator shall pay under Subsection (b)(1) the
   5-24  first expenses for corrective action taken for each occurrence as
   5-25  follows:
   5-26              (1)  a person who owns or operates 1,000 or more single
   5-27  petroleum storage tanks, the first $20,000;
    6-1              (2)  a person who owns or operates not fewer than 100
    6-2  or more than 999 single petroleum storage tanks, the first $10,000;
    6-3              (3)  a person who owns or operates not fewer than 13 or
    6-4  more than 99 single petroleum storage tanks, the first $5,000; and
    6-5              (4)  a person who owns or operates fewer than 13 single
    6-6  petroleum storage tanks, the first $2,000.
    6-7        (g)  If an owner or operator's corrective action plan is
    6-8  approved by the commission under Section 26.3572 before December
    6-9  23, 1997, the owner or operator shall pay under Subsection (b)(1)
   6-10  the amount provided by Subsection (e) for the first expenses for
   6-11  corrective action taken for each occurrence.
   6-12        (h)  If an owner or operator's corrective action plan is not
   6-13  approved by the commission under Section 26.3572 before December
   6-14  23, 1997, the owner or operator shall pay under Subsection (b)(1)
   6-15  the first expenses for corrective action taken for each occurrence
   6-16  as follows:
   6-17              (1)  a person who owns or operates 1,000 or more single
   6-18  petroleum storage tanks, the first $40,000;
   6-19              (2)  a person who owns or operates not fewer than 100
   6-20  or more than 999 single petroleum storage tanks, the first $20,000;
   6-21              (3)  a person who owns or operates not fewer than 13 or
   6-22  more than 99 single petroleum storage tanks, the first $10,000; and
   6-23              (4)  a person who owns or operates fewer than 13 single
   6-24  petroleum storage tanks, the first $4,000.
   6-25        (i)  If an owner or operator has a corrective action plan
   6-26  approved by the commission under Section 26.3572 and before
   6-27  December 23, 1998, has met the goals specified in the plan to be
    7-1  met by that date, the owner or operator shall pay under Subsection
    7-2  (b)(1) the amount specified by Subsection (e) for the first
    7-3  expenses for corrective action taken for each occurrence.
    7-4        (j)  If an owner or operator does not have a corrective
    7-5  action plan approved by the commission under Section 26.3572 or, on
    7-6  December 23, 1998, has not met the goals specified in the plan to
    7-7  be met by that date, the owner or operator shall pay under
    7-8  Subsection (b)(1) the first expenses for corrective action taken
    7-9  for each occurrence as follows:
   7-10              (1)  a person who owns or operates 1,000 or more single
   7-11  petroleum storage tanks, the first $80,000;
   7-12              (2)  a person who owns or operates not fewer than 100
   7-13  or more than 999 single petroleum storage tanks, the first $40,000;
   7-14              (3)  a person who owns or operates not fewer than 13 or
   7-15  more than 99 single petroleum storage tanks, the first $20,000; and
   7-16              (4)  a person who owns or operates fewer than 13 single
   7-17  petroleum storage tanks, the first $8,000.
   7-18        (k)  An owner or operator of a site for which a closure
   7-19  letter has been issued under Section 26.3572 shall pay under
   7-20  Subsection (b)(1) the first $50,000 of expenses for corrective
   7-21  action for each occurrence.
   7-22        SECTION 6.  Section 26.3513, Water Code, is amended by adding
   7-23  Subsection (m) to read as follows:
   7-24        (m)  The commission shall consider the person who is in
   7-25  day-to-day control of a petroleum storage tank system at a site
   7-26  that is in violation of this subchapter to be the:
   7-27              (1)  person primarily responsible for taking corrective
    8-1  action, for corrective action costs, for receiving a notice of
    8-2  violation, or for paying a penalty assessed; and
    8-3              (2)  primary subject of an enforcement action or order
    8-4  under this subchapter.
    8-5        SECTION 7.  Section 26.3514, Water Code, is amended by adding
    8-6  Subsections (f), (g), (h), and (i) to read as follows:
    8-7        (f)  A lender described by Subsection (a) is not liable as an
    8-8  owner or operator under this subchapter because the lender sells,
    8-9  re-leases, liquidates, or winds up operations and takes measures to
   8-10  preserve, protect, or prepare the secured aboveground or
   8-11  underground storage tank before sale or other disposition of the
   8-12  storage tank or the property if the lender:
   8-13              (1)  did not participate in the management of an
   8-14  aboveground or underground storage tank or real or personal
   8-15  property described by Subsection (a) before foreclosure or its
   8-16  equivalent on the storage tank or the property; and
   8-17              (2)  establishes, as provided by Subsection (g), that
   8-18  the ownership indicia maintained after foreclosure continue to be
   8-19  held primarily to protect a security interest.
   8-20        (g)  A lender may establish that the ownership indicia
   8-21  maintained after foreclosure continue to be held primarily to
   8-22  protect a security interest if, within 12 months after foreclosure,
   8-23  the lender:
   8-24              (1)  lists the aboveground or underground storage tank,
   8-25  or the facility or property on which the tank is located, with a
   8-26  broker, dealer, or agent who deals in that type of property; or
   8-27              (2)  advertises the aboveground or underground storage
    9-1  tank for sale or other disposition, at least monthly, in:
    9-2                    (A)  a real estate publication;
    9-3                    (B)  a trade or other publication appropriate for
    9-4  the aboveground or underground storage tank being advertised; or
    9-5                    (C)  a newspaper of general circulation in the
    9-6  area in which the aboveground or underground storage tank is
    9-7  located.
    9-8        (h)  For purposes of Subsection (g), the 12-month period
    9-9  begins:
   9-10              (1)  when the lender acquires marketable title, if the
   9-11  lender, after the expiration of any redemption period or other
   9-12  waiting period required by law, was acting diligently to acquire
   9-13  marketable title; or
   9-14              (2)  on the date of foreclosure or its equivalent, if
   9-15  the lender does not act diligently to acquire marketable title.
   9-16        (i)  If a lender outbids, rejects, or does not act on an
   9-17  offer of fair consideration for the aboveground or underground
   9-18  storage tank or the facility or property on which the storage tank
   9-19  is located, it is presumed that the lender is not holding the
   9-20  ownership indicia primarily to protect the security interest unless
   9-21  the lender is required, in order to avoid liability under federal
   9-22  or state law, to make the higher bid, obtain the higher offer, or
   9-23  seek or obtain an offer in a different manner.
   9-24        SECTION 8.  Section 26.352, Water Code, is amended to read as
   9-25  follows:
   9-26        Sec. 26.352.  FINANCIAL RESPONSIBILITY.  (a)  The commission
   9-27  by rule shall adopt requirements for maintaining evidence of
   10-1  financial responsibility for taking corrective action and
   10-2  compensating third parties for bodily injury and property damage
   10-3  caused by sudden and nonsudden accidental releases arising from
   10-4  operating an underground storage tank.
   10-5        (b)  The rules must require that, after December 22, 1998,
   10-6  the owner or operator of a site for which a closure letter has been
   10-7  issued under Section 26.3572 shall have insurance coverage or
   10-8  evidence of financial responsibility sufficient to satisfy all
   10-9  financial responsibility requirements under federal law or
  10-10  regulations.  The rules must require that an owner or operator of a
  10-11  site that has been issued a closure letter and who is eligible to
  10-12  have a portion of any future corrective action costs paid under
  10-13  Section 26.3512 shall have insurance coverage or evidence of
  10-14  financial responsibility sufficient to satisfy the first expenses
  10-15  for corrective action as provided by Section 26.3512(k).
  10-16        (c)  The commission shall seek the assistance of the Texas
  10-17  Department of Insurance in developing the minimum requirements for
  10-18  insurance coverage required under this section.
  10-19        (d)  An owner or operator of an underground storage tank may
  10-20  submit the registration certificate issued by the commission to the
  10-21  owner or operator under Section 26.346 of this code to the United
  10-22  States Environmental Protection Agency as evidence of the owner's
  10-23  or operator's eligibility for funds for any expense for corrective
  10-24  action incurred for confirmed releases initially discovered and
  10-25  reported to the commission on or before December 22, 1998 <from the
  10-26  petroleum storage tank remediation fund>.
  10-27        (e)  A registration certificate issued under Section 26.346
   11-1  is not acceptable evidence of financial responsibility for:
   11-2              (1)  an underground storage tank that contains a
   11-3  petroleum substance other than:
   11-4                    (A)  a petroleum product; or
   11-5                    (B)  spent oil or hydraulic fluid if the tank is
   11-6  located at a vehicle service and fueling facility and is used as
   11-7  part of the operations of that facility; or
   11-8              (2)  any expenses for corrective action for confirmed
   11-9  releases initially discovered and reported to the commission after
  11-10  December 22, 1998.
  11-11        (f)  The commission shall enforce this section and may impose
  11-12  administrative and civil penalties on the owners or operators of
  11-13  underground storage tanks if acceptable evidence of financial
  11-14  responsibility is not maintained.  An owner or operator commits an
  11-15  offense if the owner or operator operates an underground storage
  11-16  tank knowing that acceptable evidence of financial responsibility
  11-17  does not exist and is subject to criminal prosecution as provided
  11-18  by Subchapter F.  The commission may seek injunctive relief in the
  11-19  district courts of Travis County to force the temporary or
  11-20  permanent closure of an underground storage tank for which
  11-21  acceptable evidence of financial responsibility is not maintained.
  11-22        SECTION 9.  Section 26.3572, Water Code, is amended by
  11-23  amending Subsections (b) and (c) and by adding Subsection (d) to
  11-24  read as follows:
  11-25        (b)  In administering the program, the commission shall:
  11-26              (1)  negotiate with or direct responsible parties in
  11-27  site assessment and remediation matters using risk-based corrective
   12-1  action;
   12-2              (2)  approve site-specific corrective action plans for
   12-3  each site as necessary, using risk-based corrective action;
   12-4              (3)  review and inspect site assessment and remedial
   12-5  activities and reports; <and>
   12-6              (4)  use risk-based corrective action procedures as
   12-7  determined by commission rule to establish cleanup levels;
   12-8              (5)  adopt by rule criteria for assigning a priority to
   12-9  each site using risk-based corrective action and assign a priority
  12-10  to each site according to those criteria;
  12-11              (6)  adopt by rule criteria for:
  12-12                    (A)  risk-based corrective action site closures;
  12-13  and
  12-14                    (B)  the issuance of a closure letter to the
  12-15  owner or operator of a tank site on completion of the commission's
  12-16  corrective action requirements; and
  12-17              (7)  process claims for petroleum storage tank
  12-18  remediation fund disbursement.
  12-19        (c)  The commission by rule may approve site assessment
  12-20  methodologies.  The commission shall approve or disapprove a site
  12-21  assessment or corrective action plan, as defined by commission
  12-22  rule, on or before the 30th day after the commission receives the
  12-23  assessment or plan.  The commission shall adopt by rule criteria to
  12-24  be used to determine:
  12-25              (1)  the necessity for site assessment; and
  12-26              (2)  the nature of the site assessment required.
  12-27        (d)  The commission may not approve a corrective action plan
   13-1  until the commission and the owner or operator of the site by
   13-2  agreement set specific goals in the plan for completing discrete
   13-3  corrective action tasks before specified dates.  The owner or
   13-4  operator is responsible for meeting the goals.
   13-5        SECTION 10.  Sections 26.3573(d), (f), (h), (i), (k), and
   13-6  (p), Water Code, are amended to read as follows:
   13-7        (d)  The commission may use the money in the petroleum
   13-8  storage tank remediation fund to pay:
   13-9              (1)  necessary expenses associated with the
  13-10  administration of the petroleum storage tank remediation fund and
  13-11  the groundwater protection cleanup program, not to exceed an amount
  13-12  equal to five percent of the gross receipts of that fund, provided
  13-13  that the increment between two and five <three> percent of the
  13-14  gross receipts may be used only to pay administrative expenses
  13-15  associated with regulating petroleum storage tanks, reimbursing
  13-16  eligible owners and operators, <and> disposing of contaminated
  13-17  soils, and <further provided that the increment between three and
  13-18  five percent of the gross receipts may be used only to pay
  13-19  administrative expenses associated with> conducting claims audits
  13-20  in accordance with Section 26.35735 of this code<, reimbursing
  13-21  eligible owners and operators, and disposing of contaminated
  13-22  soils>;
  13-23              (2)  expenses associated with investigation, cleanup,
  13-24  or corrective action measures performed in response to a release or
  13-25  threatened release from a petroleum storage tank, whether those
  13-26  expenses are incurred by the commission or pursuant to a contract
  13-27  between a contractor and an eligible owner or operator as
   14-1  authorized by this subchapter; and
   14-2              (3)  subject to the conditions of Subsection (e) of
   14-3  this section, expenses associated with investigation, cleanup, or
   14-4  corrective action measures performed in response to a release or
   14-5  threatened release of hydraulic fluid or spent oil from hydraulic
   14-6  lift systems or tanks located at a vehicle service and fueling
   14-7  facility and used as part of the operations of that facility.
   14-8        (f)  The commission, in accordance with this subchapter and
   14-9  rules adopted under this subchapter, may:
  14-10              (1)  contract directly with a person to perform
  14-11  corrective action and pay the contractor from the petroleum storage
  14-12  tank remediation fund;
  14-13              (2)  reimburse an eligible owner or operator from the
  14-14  petroleum storage tank remediation fund for the expenses of a
  14-15  corrective action that was:
  14-16                    (A)  performed on or after September 1, 1987; and
  14-17                    (B)  conducted in response to a confirmed release
  14-18  that was initially discovered and reported to the commission on or
  14-19  before December 22, 1998; or
  14-20              (3)  pay the claim of a person who has contracted with
  14-21  an eligible owner or operator to perform corrective action with
  14-22  funds from the petroleum storage tank remediation fund.
  14-23        (h)  Consistent with the objectives provided under Subsection
  14-24  (g) of this section and this subchapter, the commission may by rule
  14-25  adopt:
  14-26              (1)  guidelines the commission considers necessary for
  14-27  determining the amounts that may be paid from the petroleum storage
   15-1  tank remediation fund; and
   15-2              (2)  guidelines concerning reimbursement for expenses
   15-3  incurred by an eligible owner or operator and covered under Section
   15-4  26.3512(d) of this code<; and>
   15-5              <(3)  minimum qualifications the commission considers
   15-6  necessary for a person with whom an eligible owner or operator may
   15-7  contract to participate in corrective action>.
   15-8        (i)  The commission by rule may implement a registration
   15-9  program for persons who contract with an owner or operator of an
  15-10  underground storage tank or an aboveground storage tank, or with
  15-11  any other person, to perform corrective action under this
  15-12  subchapter.  The commission, on the request of an appropriately
  15-13  licensed or registered professional engineer, shall register the
  15-14  engineer in the program.  An engineer registered in the program may
  15-15  contract to perform corrective action under this subchapter unless
  15-16  the State Board of Registration for Professional Engineers
  15-17  determines the engineer is not qualified to perform a corrective
  15-18  action.  An engineer registered in the program is subject only to
  15-19  the examination requirements, continuing education requirements,
  15-20  fees, and disciplinary procedures adopted by the State Board of
  15-21  Registration for Professional Engineers.  The commission may adopt
  15-22  minimum qualifications for a person, other than an appropriately
  15-23  licensed or registered professional engineer, with whom an eligible
  15-24  owner or operator <and> may contract to participate in a corrective
  15-25  action and for a person, other than an appropriately licensed or
  15-26  registered professional engineer, who performs or supervises the
  15-27  corrective action.  The commission may require <registration and>
   16-1  the use of registered contractors and registered corrective action
   16-2  supervisors by an eligible owner or operator as a prerequisite to
   16-3  the payment of <receiving> money from the petroleum storage tank
   16-4  remediation fund for corrective action under this subchapter.  Any
   16-5  qualified registered contractor may conduct the characterization,
   16-6  study, appraisal, or investigation of a site.  If a site
   16-7  remediation involves the installation or construction of on-site
   16-8  equipment, structures, or systems used in the extraction or
   16-9  management of wastes, except for soil excavation and landfill
  16-10  disposal or well sampling and monitoring, the owner or operator is
  16-11  not eligible for reimbursement from the petroleum storage tank
  16-12  remediation fund unless the plans and specifications for the
  16-13  equipment, structures, or systems are sealed by an appropriately
  16-14  licensed or registered professional engineer and the equipment,
  16-15  structures, or systems are constructed under the supervision of an
  16-16  appropriately licensed or registered professional engineer.  The
  16-17  commission by rule may establish a fee schedule and charge fees
  16-18  necessary to defray the costs of administering the registration
  16-19  program, including fees for processing applications, printing
  16-20  certificates, conducting examinations, and similar activities.
  16-21  Fees collected under this subsection shall be deposited in the
  16-22  state treasury to the credit of the storage tank fund.  A person
  16-23  who violates a rule or order adopted by the commission under this
  16-24  subsection is subject to the appropriate sanctions and penalties
  16-25  imposed under this chapter.
  16-26        (k)  The commission shall satisfy a claim for payment that is
  16-27  eligible to be paid under this subchapter and the rules adopted
   17-1  under this subchapter made by a contractor, from the petroleum
   17-2  storage tank remediation fund as provided by this section and rules
   17-3  adopted by the commission under this section <Chapter 82, Acts of
   17-4  the 69th Legislature, Regular Session, 1985 (Article 601f, Vernon's
   17-5  Texas Civil Statutes)>, regardless of whether the commission:
   17-6              (1)  contracts directly for the goods or services; or
   17-7              (2)  pays a claim under a contract executed by a
   17-8  petroleum storage tank owner or operator.
   17-9        (p)  Notwithstanding any other law to the contrary, an <An>
  17-10  owner or operator, or an agent of an owner or operator, is <shall>
  17-11  not <be> entitled to and may not<, nor shall> be paid<,> interest
  17-12  on any claim for payment from the petroleum storage tank
  17-13  remediation fund.
  17-14        SECTION 11.  Subchapter I, Chapter 26, Water Code, is amended
  17-15  by adding Section 26.35731 to read as follows:
  17-16        Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS
  17-17  FOR REIMBURSEMENT.  (a)  Except as provided by Subsection (b), the
  17-18  commission shall consider and process a claim by an eligible owner
  17-19  or operator for reimbursement from the petroleum storage tank
  17-20  remediation fund in the order in which it is received.  The
  17-21  commission shall consider and process all claims by eligible owners
  17-22  and operators for reimbursement from the fund that were received
  17-23  before September 1, 1995, before the commission considers a claim
  17-24  received after that date.
  17-25        (b)  The commission may not consider, process, or pay a claim
  17-26  for reimbursement from the petroleum storage tank remediation fund
  17-27  for corrective action work begun after September 1, 1993, and
   18-1  without prior commission approval until all claims for
   18-2  reimbursement for corrective action work preapproved by the
   18-3  commission have been considered, processed, and paid.
   18-4        SECTION 12.  Section 26.35735, Water Code, is amended by
   18-5  adding Subsections (e) and (f) to read as follows:
   18-6        (e)  The commission may audit a claim for payment as required
   18-7  by this section only:
   18-8              (1)  under guidelines adopted by commission rule that
   18-9  relate to conducting an audit under this section and denying a
  18-10  claim as a result of that audit and that are in effect when the
  18-11  audit is conducted; or
  18-12              (2)  in a case of suspected fraud.
  18-13        (f)  Not later than the 90th day after an audit under this
  18-14  section has been completed, the commission shall send a copy of the
  18-15  audit to the person whose claim for payment is the subject of the
  18-16  audit.
  18-17        SECTION 13.  Sections 26.3574(b), (x), and (y), Water Code,
  18-18  are amended to read as follows:
  18-19        (b)  A fee is imposed on the delivery of a petroleum product
  18-20  on withdrawal from bulk of that product as provided by this
  18-21  subsection.  Each operator of a bulk facility on withdrawal from
  18-22  bulk of a petroleum product shall collect from the person who
  18-23  orders the withdrawal a fee in an amount determined as follows:
  18-24              (1)  $25 <$12.50> for each delivery into a cargo tank
  18-25  having a capacity of less than 2,500 gallons;
  18-26              (2)  $50 <$25> for each delivery into a cargo tank
  18-27  having a capacity of 2,500 gallons or more but less than 5,000
   19-1  gallons;
   19-2              (3)  $75 <$37.50> for each delivery into a cargo tank
   19-3  having a capacity of 5,000 gallons or more but less than 8,000
   19-4  gallons;
   19-5              (4)  $100 <$50> for each delivery into a cargo tank
   19-6  having a capacity of 8,000 gallons or more but less than 10,000
   19-7  gallons; and
   19-8              (5)  a $50 <$25> fee for each increment of 5,000
   19-9  gallons or any part thereof delivered into a cargo tank having a
  19-10  capacity of 10,000 gallons or more.
  19-11        (x)  After the deposits have been made to the credit of the
  19-12  general revenue fund as required by Section 403.092(c)(1),
  19-13  Government Code, as added by Chapter 533, Acts of the 73rd
  19-14  Legislature, 1993, the <The> fee imposed under this section may not
  19-15  be collected or required to be paid on or after the first day of
  19-16  the second month following notification by the commission of the
  19-17  date on which the unobligated balance in the petroleum storage tank
  19-18  remediation fund equals or exceeds $125 million <during the
  19-19  1990-1991 state fiscal biennium or $100 million thereafter>.  The
  19-20  commission shall notify the comptroller in writing of the date on
  19-21  which the unobligated balance equals or exceeds $125 million
  19-22  <during the 1990-1991 state fiscal biennium or $100 million
  19-23  thereafter>.
  19-24        (y)  If the unobligated balance in the petroleum storage tank
  19-25  remediation fund falls below <$50 million during the 1990-1991
  19-26  state fiscal biennium or> $25 million <thereafter>, the fee shall
  19-27  be reinstated, effective on the first day of the second month
   20-1  following notification by the commission, in amounts determined as
   20-2  follows:
   20-3              (1)  $12.50 for each delivery into a cargo tank having
   20-4  a capacity of less than 2,500 gallons;
   20-5              (2)  $25 for each delivery into a cargo tank having a
   20-6  capacity of 2,500 gallons or more but less than 5,000 gallons;
   20-7              (3)  $37.50 for each delivery into a cargo tank having
   20-8  a capacity of 5,000 gallons or more but less than 8,000 gallons;
   20-9              (4)  $50 for each delivery into a cargo tank having a
  20-10  capacity of 8,000 gallons or more but less than 10,000 gallons; and
  20-11              (5)  a $25 fee for each increment of 5,000 gallons or
  20-12  any part thereof delivered into a cargo tank having a capacity of
  20-13  10,000 gallons or more.
  20-14        SECTION 14.  Subchapter I, Chapter 26, Water Code, is amended
  20-15  by adding Sections 26.360-26.363 to read as follows:
  20-16        Sec. 26.360.  PRIVATIZATION OF PROGRAM.  Notwithstanding
  20-17  other provisions of this subchapter, the commission by rule may
  20-18  authorize the privatization of any part of the program established
  20-19  under this subchapter.
  20-20        Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.
  20-21  Notwithstanding any other provision of this subchapter, the
  20-22  reimbursement program established under this subchapter expires
  20-23  September 1, 2001.  On or after September 1, 2001, the commission
  20-24  may not:
  20-25              (1)  use money from the petroleum storage tank
  20-26  remediation fund to reimburse an eligible owner or operator for any
  20-27  expenses of corrective action or to pay the claim of a person who
   21-1  has contracted with an eligible owner or operator to perform
   21-2  corrective action; or
   21-3              (2)  collect a fee under Section 26.3574 of this code.
   21-4        Sec. 26.362.  SUIT TO TEST VALIDITY OF CLOSURE LETTER.  The
   21-5  commission is immune from liability in any action against the
   21-6  commission to test the validity of a closure letter issued under
   21-7  Section 26.3572 if the letter is issued in accordance with
   21-8  commission rules.
   21-9        Sec. 26.363.  RELIANCE ON CLOSURE LETTER.  An owner or
  21-10  operator to whom a closure letter for a site has been issued under
  21-11  Section 26.3572 may not be held liable for the owner's or
  21-12  operator's conduct taken in reliance on and within the scope of the
  21-13  closure letter.
  21-14        SECTION 15.  Chapter 244, Acts of the 71st Legislature,
  21-15  Regular Session, 1989 (Article 8900, Vernon's Texas Civil
  21-16  Statutes), is redesignated as Subchapter K, Chapter 26, Water Code,
  21-17  and amended to read as follows:
  21-18          SUBCHAPTER K <Art. 8900>.  UNDERGROUND STORAGE TANK
  21-19                 INSTALLERS<; REGULATIONS; PENALTIES>
  21-20        Sec. 26.451 <1>.  DEFINITIONS.  In this subchapter <Act>:
  21-21              (1)  "Certificate of registration" means the document
  21-22  issued to an underground storage tank contractor authorizing that
  21-23  contractor to engage in the underground storage tank business in
  21-24  this state.  <"Commission" means the Texas Water Commission.>
  21-25              (2)  "Committee" means the Petroleum Storage Tank
  21-26  Advisory Committee.
  21-27              (3)  "Critical junctures" means, in the case of an
   22-1  installation, repair, or removal, all of the following steps:
   22-2                    (A)  preparation of the tank bedding immediately
   22-3  before receiving the tank;
   22-4                    (B)  setting of the tank and the piping,
   22-5  including placement of any anchoring devices, backfill to the level
   22-6  of the tank, and strapping, if any;
   22-7                    (C)  connection of piping systems to the tank;
   22-8                    (D)  all pressure testing of the underground
   22-9  storage tank, including associated piping, performed during the
  22-10  installation;
  22-11                    (E)  completion of backfill and filling of the
  22-12  excavation;
  22-13                    (F)  any time during the repair in which the
  22-14  piping system is connected or reconnected to the tank;
  22-15                    (G)  any time during the repair in which the tank
  22-16  or its associated piping is tested; and
  22-17                    (H)  any time during the removal of the tank.
  22-18              (4)  "Installation" means the installation of
  22-19  underground storage tanks and ancillary equipment.
  22-20              (5) <(4)>  "Installer" means a person who participates
  22-21  in or supervises the installation, repair, or removal of
  22-22  underground storage tanks.
  22-23              (6)  "License" means the document issued to an
  22-24  installer or on-site supervisor authorizing that person to engage
  22-25  in the underground storage tank business in this state.
  22-26              (7)  "On-site supervisor" means:
  22-27                    (A)  a professional engineer registered to
   23-1  practice in this state who has met the licensing requirements under
   23-2  Section 26.456; or
   23-3                    (B)  a person who has at least two years of
   23-4  active experience in the vocation of installation of underground
   23-5  storage tanks, underground utilities, or other engineering
   23-6  construction in this state and who meets the licensing requirements
   23-7  under Section 26.456.
   23-8              (8) <(5)>  "Operator" means any person in control of,
   23-9  or having responsibility for, the daily operation of the
  23-10  underground storage tank system.
  23-11              (9) <(6)>  "Owner" means any person who owns an
  23-12  underground storage tank system used for storage, use, or
  23-13  dispensing of regulated substances.
  23-14              (10) <(7)>  "Person" means a natural person, including
  23-15  an owner, manager, officer, employee, or occupant.
  23-16              (11) <(8)>  "Removal" means the process of removing and
  23-17  disposing of an underground storage tank that is no longer in
  23-18  service, or the process of abandoning an underground storage tank
  23-19  in place after purging the tank of vapors and filling the vessel of
  23-20  the tank with an inert material.
  23-21              (12) <(9)>  "Repair" means the modification or
  23-22  correction of an underground storage tank and ancillary equipment.
  23-23  The term does not include:
  23-24                    (A)  relining an underground storage tank through
  23-25  the application of epoxy resins or similar materials;
  23-26                    (B)  the performance of a tightness test to
  23-27  ascertain the integrity of the tank;
   24-1                    (C)  the maintenance and inspection of cathodic
   24-2  protection devices by a corrosion expert or corrosion technician;
   24-3                    (D)  emergency actions to halt or prevent leaks
   24-4  or ruptures; or
   24-5                    (E)  minor maintenance on ancillary aboveground
   24-6  equipment.
   24-7              (13) <(10)>  "Underground storage tank" has the meaning
   24-8  assigned by Section 26.342<, Water Code>.
   24-9              <(11)  "On-site supervisor" means:>
  24-10                    <(A)  a professional engineer registered to
  24-11  practice in this state who has met the licensing requirements under
  24-12  Section 6 of this Act; or>
  24-13                    <(B)  an individual with at least two years of
  24-14  active experience in the vocation of installation of underground
  24-15  storage tanks, underground utilities, or other engineering
  24-16  construction in the State of Texas and who meets the licensing
  24-17  requirements under Section 6 of this Act.>
  24-18              (14) <(12)>  "Underground storage tank contractor"
  24-19  means a person or business entity who <that> offers to undertake,
  24-20  represents itself as being able to undertake, or does undertake to
  24-21  install, repair, or remove underground storage tanks.
  24-22              <(13)  "Certificate of registration" means the document
  24-23  issued to an underground storage tank contractor authorizing same
  24-24  to engage in the underground storage tank business in this state.>
  24-25              <(14)  "License" means the document issued to an
  24-26  installer or on-site supervisor authorizing same to engage in the
  24-27  underground storage tank business in this state.>
   25-1              <(15)  "Critical junctures" means, in the case of an
   25-2  installation, repair, or removal, all of the following steps:>
   25-3                    <(A)  preparation of the tank bedding immediately
   25-4  prior to receiving the tank;>
   25-5                    <(B)  setting of the tank and the piping,
   25-6  including placement of any anchoring devices, backfill to the level
   25-7  of the tank, and strapping, if any;>
   25-8                    <(C)  connection of piping systems to the tank;>
   25-9                    <(D)  all pressure testing of the underground
  25-10  storage tank, including associated piping, performed during the
  25-11  installation;>
  25-12                    <(E)  completion of backfill and filling of the
  25-13  excavation;>
  25-14                    <(F)  any time during the repair in which the
  25-15  piping system is connected or reconnected to the tank;>
  25-16                    <(G)  any time during the repair in which the
  25-17  tank or its associated piping is tested; and>
  25-18                    <(H)  any time during the removal of the tank.>
  25-19        Sec. 26.452 <2>.  Certificate of registration.  (a)  An
  25-20  underground storage tank contractor must apply to the commission
  25-21  for a certificate of registration on a form prescribed by the
  25-22  commission.  If the contractor is a partnership or joint venture,
  25-23  it need not register in its own name if each partner or joint
  25-24  venture is registered.
  25-25        (b)  A certificate of registration is valid for one year from
  25-26  the date of issue and is renewable annually on payment of the
  25-27  annual fee.  An<; provided, however, that the> initial
   26-1  certification of registration <issued on or after September 1,
   26-2  1989,> may be issued for a period <periods> of less than one year
   26-3  and the annual fee shall be prorated proportionally.
   26-4        (c)  Each certificate of registration must be posted in a
   26-5  conspicuous place in the contractor's place of business.
   26-6        (d)  All bids, proposals, offers, and installation drawings
   26-7  must prominently display the contractor's certificate of
   26-8  registration number.
   26-9        (e)  A certificate of registration issued under this
  26-10  subchapter <Act> is not transferable.
  26-11        Sec. 26.453 <3>.  License required.  (a)  An <Except as
  26-12  provided for by Subsection (b) of this section, an> underground
  26-13  storage tank may not be installed, repaired, or removed except by
  26-14  an underground storage tank contractor who has an installer or an
  26-15  on-site supervisor who is licensed by the commission under Section
  26-16  26.456 <6 of this Act> at the site at all times during the critical
  26-17  junctures of the installation, repair, or removal.
  26-18        (b)  <A license issued under this Act is not transferable.>
  26-19        <(c)>  This subchapter <Act> does not apply to the
  26-20  installation of a storage tank or other facility exempt from
  26-21  regulation under Section 26.344<, Water Code>.
  26-22        Sec. 26.454 <4>.  Powers and duties of commission.  (a)  The
  26-23  commission shall:
  26-24              (1)  prescribe application forms for original and
  26-25  renewal licenses; and
  26-26              (2)  take other action necessary to enforce this
  26-27  subchapter <Act>.
   27-1        (b)  With the advice of the committee, the commission shall
   27-2  adopt rules for the licensing of installers and on-site
   27-3  supervisors.
   27-4        (c)  The commission may adopt rules relating to continuing
   27-5  education requirements for installers and on-site supervisors.
   27-6        Sec. 26.455 <5>.  Examination.  (a)  At times and places
   27-7  designated by the commission, the commission shall conduct an
   27-8  examination of applicants for licensing as installers and on-site
   27-9  supervisors.
  27-10        (b)  The commission shall prescribe the contents of the
  27-11  examination.  Questions used in the examination must be derived
  27-12  from standards, instructions, and recommended practices published
  27-13  by organizations with expertise in various aspects of installation,
  27-14  removal, and repair of underground storage tanks, including the:
  27-15              (1)  Petroleum Equipment Institute;
  27-16              (2)  American Petroleum Institute;
  27-17              (3)  Steel Tank Institute;
  27-18              (4)  National Association of Corrosion Engineers;
  27-19              (5)  Fiberglass Petroleum Tank and Pipe Institute; and
  27-20              (6)  National Fire Protection Association.
  27-21        (c)  The commission shall determine standards for acceptable
  27-22  performance on the examination.
  27-23        (d)  If requested by a license applicant who fails the
  27-24  examination, the commission shall provide to the applicant an
  27-25  analysis of the applicant's performance on the examination.
  27-26        Sec. 26.456 <6>.  License.  (a)  The commission shall issue
  27-27  an installer or on-site supervisor license to an applicant who:
   28-1              (1)  is at least 18 years of age;
   28-2              (2)  meets the application requirements prescribed by
   28-3  commission rule, including experience in installation of
   28-4  underground storage tanks, underground utilities, or other
   28-5  engineering construction in this state <the State of Texas>, not to
   28-6  exceed two years of active experience;
   28-7              (3)  passes the licensing examination;
   28-8              (4)  pays the application, examination, and licensing
   28-9  fees; and
  28-10              (5)  meets reasonable training requirements as
  28-11  determined by the commission.
  28-12        (b)  A license issued under this subchapter <Act> is valid
  28-13  throughout this state but is not assignable or transferable.
  28-14        Sec. 26.457 <7>.  License renewal.  (a)  A license is valid
  28-15  for one year and may be renewed annually on or before February 1 on
  28-16  payment of the required renewal fee and presentation of evidence
  28-17  satisfactory to the commission of compliance with any continuing
  28-18  education requirements adopted by the commission.
  28-19        (b)  If a licensee fails to renew the license by the required
  28-20  date, the licensee may renew the license on payment of the renewal
  28-21  fee and a late fee set by the commission.  If the license is not
  28-22  renewed earlier than one year after the date on which the license
  28-23  expired, the licensee must retake the licensing examination
  28-24  administered by the commission.
  28-25        Sec. 26.458 <8>.  Fees.  (a)  The commission shall charge
  28-26  necessary fees to defray the costs of administering this subchapter
  28-27  <the provisions of this Act>, which shall be deposited in the state
   29-1  treasury to the credit of the <underground> storage tank account
   29-2  <fund> and shall be used by the commission in administering <the
   29-3  provisions of> this subchapter <Act>.  The fees may not exceed the
   29-4  following amounts:
   29-5              (1)  examination fee..............................$ 50;
   29-6              (2)  initial license application..................$200;
   29-7              (3)  annual license renewal fee...................$175;
   29-8              (4)  late renewal fee.............................$ 25;
   29-9              (5)  duplicate license fee........................$ 10;
  29-10              (6)  certification   of   registration   application
  29-11  fee...........................................................$ 50;
  29-12              (7)  certification of registration issuance fee...$100;
  29-13              (8)  certification  of  registration  annual renewal
  29-14  fee...........................................................$ 75;
  29-15              (9)  duplicate  certification  of registration or
  29-16  license.......................................................$ 10;
  29-17              (10)  application to  change  certificate of
  29-18  registration.................................................$ 70.
  29-19        (b)  If a person remits an examination fee and initial
  29-20  license application fee, the examination fee shall be applied to
  29-21  the license application fee so that an applicant does not <no
  29-22  person shall> pay more than $200 for an initial application and
  29-23  examination.
  29-24        Sec. 26.459 <9>.  Denial, suspension, or revocation of
  29-25  license or certificate of registration; reinstatement.  (a)  The
  29-26  commission may deny, suspend, revoke, or reinstate a license or
  29-27  certificate of registration.
   30-1        (b)  The commission shall adopt rules establishing the
   30-2  grounds for denial, suspension, revocation, or reinstatement of a
   30-3  license or certificate of registration, and establishing procedures
   30-4  for disciplinary actions.
   30-5        (c)  Proceedings relating to the suspension or revocation of
   30-6  a license or certificate of registration issued under this
   30-7  subchapter <Act> are subject to Chapter 2001, Government Code <the
   30-8  Administrative Procedure and Texas Register Act (Article 6252-13a,
   30-9  Vernon's Texas Civil Statutes)>.
  30-10        (d)  A person or business entity whose license or certificate
  30-11  of registration has been revoked may apply for a new license or
  30-12  certificate of registration after the expiration of one year from
  30-13  the date of the revocation.
  30-14        Sec. 26.460 <10.  ADVISORY COMMITTEE.  (a)  The Petroleum
  30-15  Storage Tank Advisory Committee is established.>
  30-16        <(b)  The committee is composed of nine members appointed by
  30-17  the governor with the advice and consent of the senate.  Committee
  30-18  members serve for staggered six-year terms, with the terms of three
  30-19  members expiring February 1 of each odd-numbered year.  A member is
  30-20  not eligible for appointment to successive terms.>
  30-21        <(c)  The governor shall appoint all members of the
  30-22  committee, of whom:>
  30-23              <(1)  no more than three members may be appointed from
  30-24  a single metropolitan area;>
  30-25              <(2)  three members must be persons with experience in
  30-26  the operation of underground storage tanks;>
  30-27              <(3)  one member must be a professional engineer
   31-1  registered to practice in this state;>
   31-2              <(4)  one member must be a person who is not eligible
   31-3  for a license under this Act but who has demonstrated experience in
   31-4  environmental protection, fire protection, or the operation and
   31-5  maintenance of underground storage tanks;>
   31-6              <(5)  three members must be persons who own
   31-7  construction firms engaged in installation of underground petroleum
   31-8  storage tanks in the State of Texas; and>
   31-9              <(6)  one member must be a representative of the
  31-10  financial industry with experience in underground storage tank
  31-11  corrective action.>
  31-12        <(d)  The governor annually shall designate one member to
  31-13  serve as chairman.  The committee, at a minimum, shall meet
  31-14  quarterly, at the call of the chairman, or at the call of the
  31-15  chairman of the commission.>
  31-16        <(e)  The committee shall provide technical expertise to the
  31-17  commission regarding petroleum storage tanks and shall advise the
  31-18  commission in the adoption of rules pertaining to the commission's
  31-19  petroleum storage tank program (31 TAC Chapter 334) and for the
  31-20  licensing and regulation of installers and corrective action
  31-21  specialists.>
  31-22        <Sec. 11>.  Criminal, Civil, and Administrative Penalties.
  31-23  (a)  A person or business entity commits an offense if the person
  31-24  or business entity engages in <supervises> the installation,
  31-25  repair, or removal of an underground storage tank and the person or
  31-26  business entity:
  31-27              (1)  does not hold a certificate of registration issued
   32-1  under Section 26.452; and
   32-2              (2)  is not under the substantial control of a person
   32-3  or business entity who holds a certificate of registration issued
   32-4  under Section 26.452.
   32-5        (b)  A person commits an offense if the person performs or
   32-6  supervises the installation, repair, or removal of an underground
   32-7  storage tank unless:
   32-8              (1)  the person holds a license issued under Section
   32-9  26.456; or
  32-10              (2)  another person who holds a license issued under
  32-11  Section 26.456 is substantially responsible for the performance or
  32-12  supervision of the installation, repair, or removal.
  32-13        (c)  A person or business entity commits an offense if the
  32-14  person or business entity:
  32-15              (1)  authorizes or allows the installation, repair, or
  32-16  removal of an underground storage tank to be conducted by a person
  32-17  or business entity who does not hold a certificate of registration
  32-18  issued under Section 26.452; or
  32-19              (2)  authorizes or allows the installation, repair, or
  32-20  removal of an underground storage tank to be performed or
  32-21  supervised by a person or business entity who does not hold a
  32-22  license issued under Section 26.456.
  32-23        (d)  A person or business entity commits an offense if the
  32-24  conduct of the person or business entity makes the person or
  32-25  business entity responsible for a violation of this subchapter or
  32-26  of a rule adopted or order issued under this subchapter.  <in a
  32-27  manner that fails to comply with the requirements of Section 3 of
   33-1  this Act.>
   33-2        (e) <(b)>  An offense under <Subsection (a) of> this section
   33-3  is a Class A misdemeanor.
   33-4        (f) <(c)>  A person or business entity who commits
   33-5  <committing> an offense under <Subsection (a) of> this section may
   33-6  be assessed a civil penalty by the commission in an amount not to
   33-7  exceed $2,500 for each day of violation.
   33-8        (g)  In addition to the criminal and civil penalties imposed
   33-9  under this section, a person or business entity who commits an
  33-10  offense under this section or who violates Subchapter I or a rule
  33-11  adopted or order issued under Subchapter I is subject to an
  33-12  administrative penalty as provided by Section 26.136.  <(d)  If an
  33-13  owner fails to comply with the requirements of Section 3 of this
  33-14  Act, or a rule adopted by the commission to implement this Act, the
  33-15  person may be assessed a civil penalty by the commission in an
  33-16  amount not to exceed $2,500 for each day of the violation.>
  33-17        <Sec. 12.  ><Initial appointments><.  In making the initial
  33-18  appointments to the advisory committee, the governor shall
  33-19  designate three members for terms expiring in 1991, three members
  33-20  for terms expiring in 1993, and three members for terms expiring in
  33-21  1995.>
  33-22        <Sec. 13.  ><Effective date for license requirement><.  A person
  33-23  is not required to obtain a license under this Act until February
  33-24  1, 1990.>
  33-25        SECTION 16.  Section 403.092(c), Government Code, as added by
  33-26  Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
  33-27  amended to read as follows:
   34-1        (c)(1)  The comptroller may temporarily transfer cash from
   34-2  the general revenue fund to the petroleum storage tank remediation
   34-3  fund during the 1996-1997 <1994-1995> biennium for the purpose of
   34-4  paying reimbursement claims against that fund that are filed with
   34-5  the Texas Natural Resource Conservation Commission on or before
   34-6  August 31, 1995, and for paying the necessary expenses associated
   34-7  with the administration of that fund.  The amount of cash to be
   34-8  transferred shall not exceed $120 million.  The transfer shall be
   34-9  made on September 1, 1995 <1993>, or as soon as practicable
  34-10  thereafter.
  34-11              (2)  Notwithstanding other law, $80 million of the fees
  34-12  collected under Section 26.3574, Water Code, shall be deposited to
  34-13  the credit of the general revenue fund not later than August 31,
  34-14  1996, and $40 million of those fees shall be deposited to the
  34-15  credit of that fund not later than May 31, 1997 <until the amount
  34-16  of the fee collections so deposited to the credit of the general
  34-17  revenue fund equals the amount of the temporary cash transfer
  34-18  authorized in Subdivision (1)>.  The remaining fees <Fees>
  34-19  collected under that section in excess of the amounts <amount>
  34-20  required by this subdivision to be deposited to the credit of the
  34-21  general revenue fund shall be deposited to the credit of the
  34-22  petroleum storage tank remediation fund.
  34-23              (3)  The amount transferred under Subdivision (1) is a
  34-24  receivable of the general revenue fund for the purpose of
  34-25  statements that the comptroller submits under Article III, Section
  34-26  49a, of the Texas Constitution.  The transferred amount is
  34-27  available for appropriation by the legislature.
   35-1              (4)  This subsection expires on the latter of August
   35-2  31, 1997 <1995>, or the date of full repayment to the general
   35-3  revenue fund of the amount required under Subdivision (2).
   35-4        SECTION 17.  (a)  The change in law made by Section 26.460,
   35-5  Water Code, as added by this Act, applies only to an offense
   35-6  committed or violation that occurs on or after the effective date
   35-7  of this Act.  For purposes of this section, an offense is committed
   35-8  before the effective date of this Act if any element of the offense
   35-9  occurred before that date.
  35-10        (b)  An offense committed or violation that occurred before
  35-11  the effective date of this Act is governed by the law in effect
  35-12  when the offense was committed or violation occurred, and the
  35-13  former law is continued in effect for that purpose.
  35-14        SECTION 18.  This Act takes effect September 1, 1995.
  35-15        SECTION 19.  The importance of this legislation and the
  35-16  crowded condition of the calendars in both houses create an
  35-17  emergency and an imperative public necessity that the
  35-18  constitutional rule requiring bills to be read on three several
  35-19  days in each house be suspended, and this rule is hereby suspended.