By Sims S.B. No. 396
74R3770 MI-D
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. Subchapter I, Chapter 26, Water Code, is amended
1-5 by adding Section 26.35731 to read as follows:
1-6 Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS
1-7 FOR REIMBURSEMENT. The commission shall consider and process a
1-8 claim by an eligible owner or operator for reimbursement from the
1-9 petroleum storage tank remediation fund in the order in which it is
1-10 received.
1-11 SECTION 2. Sections 26.3574(b), (x), and (y), Water Code,
1-12 are amended to read as follows:
1-13 (b) A fee is imposed on the delivery of a petroleum product
1-14 on withdrawal from bulk of that product as provided by this
1-15 subsection. Each operator of a bulk facility on withdrawal from
1-16 bulk of a petroleum product shall collect from the person who
1-17 orders the withdrawal a fee in an amount determined as follows:
1-18 (1) $25 <$12.50> for each delivery into a cargo tank
1-19 having a capacity of less than 2,500 gallons;
1-20 (2) $50 <$25> for each delivery into a cargo tank
1-21 having a capacity of 2,500 gallons or more but less than 5,000
1-22 gallons;
1-23 (3) $75 <$37.50> for each delivery into a cargo tank
1-24 having a capacity of 5,000 gallons or more but less than 8,000
2-1 gallons;
2-2 (4) $100 <$50> for each delivery into a cargo tank
2-3 having a capacity of 8,000 gallons or more but less than 10,000
2-4 gallons; and
2-5 (5) a $50 <$25> fee for each increment of 5,000
2-6 gallons or any part thereof delivered into a cargo tank having a
2-7 capacity of 10,000 gallons or more.
2-8 (x) The fee imposed under this section may not be collected
2-9 or required to be paid on or after the first day of the second
2-10 month following notification by the commission of the date on which
2-11 the unobligated balance in the petroleum storage tank remediation
2-12 fund equals or exceeds $50 <$125 million during the 1990-1991 state
2-13 fiscal biennium or $100> million <thereafter>. The commission
2-14 shall notify the comptroller in writing of the date on which the
2-15 unobligated balance equals or exceeds $50 <$125 million during the
2-16 1990-1991 state fiscal biennium or $100> million <thereafter>.
2-17 (y) If the unobligated balance in the petroleum storage tank
2-18 remediation fund falls below <$50 million during the 1990-1991
2-19 state fiscal biennium or> $25 million <thereafter>, the fee shall
2-20 be reinstated, effective on the first day of the second month
2-21 following notification by the commission, in amounts determined as
2-22 follows:
2-23 (1) $12.50 for each delivery into a cargo tank having
2-24 a capacity of less than 2,500 gallons;
2-25 (2) $25 for each delivery into a cargo tank having a
2-26 capacity of 2,500 gallons or more but less than 5,000 gallons;
2-27 (3) $37.50 for each delivery into a cargo tank having
3-1 a capacity of 5,000 gallons or more but less than 8,000 gallons;
3-2 (4) $50 for each delivery into a cargo tank having a
3-3 capacity of 8,000 gallons or more but less than 10,000 gallons; and
3-4 (5) a $25 fee for each increment of 5,000 gallons or
3-5 any part thereof delivered into a cargo tank having a capacity of
3-6 10,000 gallons or more.
3-7 SECTION 3. Section 403.092(c), Government Code, as added by
3-8 Section 1, Chapter 533, Acts of the 73rd Legislature, 1993, is
3-9 amended to read as follows:
3-10 (c)(1) The comptroller may temporarily transfer cash from
3-11 the general revenue fund to the petroleum storage tank remediation
3-12 fund during the 1996-1997 <1994-1995> biennium for the purpose of
3-13 paying reimbursement claims against that fund that are filed with
3-14 the Texas Natural Resource Conservation Commission on or before
3-15 August 31, 1995, and for paying the necessary expenses associated
3-16 with the administration of that fund. The amount of cash to be
3-17 transferred shall not exceed $120 million. The transfer shall be
3-18 made on September 1, 1995 <1993>, or as soon as practicable
3-19 thereafter.
3-20 (2) Notwithstanding other law, an amount equal to
3-21 one-half of the fees collected under Section 26.3574, Water Code,
3-22 shall be deposited to the credit of the general revenue fund until
3-23 the amount of the fee collections so deposited to the credit of the
3-24 general revenue fund equals the amount of the temporary cash
3-25 transfer authorized in Subdivision (1). The remaining one-half of
3-26 the fees <Fees> collected under that section <in excess of the
3-27 amount required by this subdivision> shall be deposited to the
4-1 credit of the petroleum storage tank remediation fund.
4-2 (3) The amount transferred under Subdivision (1) is a
4-3 receivable of the general revenue fund for the purpose of
4-4 statements that the comptroller submits under Article III, Section
4-5 49a, of the Texas Constitution. The transferred amount is
4-6 available for appropriation by the legislature.
4-7 (4) This subsection expires on the latter of August
4-8 31, 1997 <1995>, or the date of full repayment to the general
4-9 revenue fund of the amount required under Subdivision (2).
4-10 SECTION 4. This Act takes effect September 1, 1995.
4-11 SECTION 5. The importance of this legislation and the
4-12 crowded condition of the calendars in both houses create an
4-13 emergency and an imperative public necessity that the
4-14 constitutional rule requiring bills to be read on three several
4-15 days in each house be suspended, and this rule is hereby suspended.