1-1  By:  Shapiro                                           S.B. No. 933
    1-2        (In the Senate - Filed March 6, 1995; March 7, 1995, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  May 5, 1995, reported favorably, as amended, by the following vote:
    1-5  Yeas 8, Nays 2; May 5, 1995, sent to printer.)
    1-6  COMMITTEE AMENDMENT NO. 1                              By:  Ratliff
    1-7  Amend S.B. No. 933 as follows:
    1-8        In SECTION 1 of the bill, amend Section 361.133(c)(5)(C), by
    1-9  inserting ", provided that funds may be provided to pay for debt
   1-10  service only for the part of a multiple-use capital project that is
   1-11  related to battery recycling during the time the project is used
   1-12  for battery recycling" after "local governments" and before ";"
   1-13  (introduced version, page 2, line 18; committee printing page 1,
   1-14  line 57).
   1-15                         A BILL TO BE ENTITLED
   1-16                                AN ACT
   1-17  relating to the use of the hazardous and solid waste remediation
   1-18  fee fund.
   1-19        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-20        SECTION 1.  Subsection (c), Section 361.133, Health and
   1-21  Safety Code, is amended to read as follows:
   1-22        (c)  The commission may use the money collected and deposited
   1-23  to the credit of the fund under this section, including interest
   1-24  credited under Subsection (b)(4), only for:
   1-25              (1)  necessary and appropriate removal and remedial
   1-26  action at sites at which solid waste or hazardous substances have
   1-27  been disposed if funds from a liable person, independent third
   1-28  person, or the federal government are not sufficient for the
   1-29  removal or remedial action;
   1-30              (2)  necessary and appropriate maintenance of removal
   1-31  and remedial actions for the expected life of those actions if:
   1-32                    (A)  funds from a liable person have been
   1-33  collected and deposited to the credit of the fund for that purpose;
   1-34  or
   1-35                    (B)  funds from a liable person, independent
   1-36  third person, or the federal government are not sufficient for the
   1-37  maintenance;
   1-38              (3)  expenses concerning compliance with:
   1-39                    (A)  the Comprehensive Environmental Response,
   1-40  Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
   1-41  seq.) as amended;
   1-42                    (B)  the federal Superfund Amendments and
   1-43  Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
   1-44                    (C)  Subchapters F and I;
   1-45              (4)  expenses concerning the regulation and management
   1-46  of household hazardous substances and the prevention of pollution
   1-47  of the water resources of the state from the uncontrolled release
   1-48  of hazardous substances; <and>
   1-49              (5)  expenses, not to exceed 20 percent annually of the
   1-50  fees on batteries collected under Section 361.138, related to
   1-51  lead-acid battery recycling activities, including expenses for
   1-52  programs:
   1-53                    (A)  for remediation;
   1-54                    (B)  to promote lead-acid battery recycling;
   1-55                    (C)  to mitigate the economic, infrastructure,
   1-56  and environmental impact of lead-acid battery recycling activities
   1-57  on local governments; and
   1-58                    (D)  to encourage the adoption of innovative
   1-59  technology in lead-acid battery recycling; and
   1-60              (6)  expenses concerning the cleanup or removal of a
   1-61  spill, release, or potential threat of release of a hazardous
   1-62  substance where immediate action is appropriate to protect human
   1-63  health and the environment.
   1-64        SECTION 2.  During each fiscal year of the biennium ending
   1-65  August 31, 1997, the Texas Natural Resource Conservation Commission
   1-66  shall allocate to battery-related programs authorized under
   1-67  Subdivision (5), Subsection (c), Section 361.133, Health and Safety
   1-68  Code, as amended by this Act, at least 10 percent of the fees on
    2-1  batteries collected under Section 361.138, Health and Safety Code,
    2-2  and appropriated to the commission.
    2-3        SECTION 3.  The importance of this legislation and the
    2-4  crowded condition of the calendars in both houses create an
    2-5  emergency and an imperative public necessity that the
    2-6  constitutional rule requiring bills to be read on three several
    2-7  days in each house be suspended, and this rule is hereby suspended,
    2-8  and that this Act take effect and be in force from and after its
    2-9  passage, and it is so enacted.
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