By:  Barrientos                                       S.B. No. 1560
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to clean air act operating permit fees.
    1-2        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-3        SECTION 1.  Sections 382.0681(d) and (e) are amended as
    1-4  follows by striking the following language:  <(d)  the board may
    1-5  not impose a fee for any amount of an air contaminant regulated
    1-6  under the federal Clean Air Act Amendments of 1990 (Pub. 1. no 101
    1-7  549) in excess of 4,000 tons per year from any source;> and
    1-8  replacing it with the following:
    1-9  Any affected person may petition the Commission to increase the fee
   1-10  to if they believe that the fees are insufficient to provide for
   1-11  permitting, monitoring, inventory and enforcement actions necessary
   1-12  to investigate complaints and protect the public health.  The
   1-13  Commission shall hold a hearing within 90 days and shall increase
   1-14  the fee if it has been demonstrated by the petitioner that requests
   1-15  for monitoring or enforcement have not met due to insufficient
   1-16  funds.
   1-17  section (e) is replaced with the following language and existing
   1-18  section (e) is renumbered (e)  The board shall assure that the fees
   1-19  paid by all sources are equitable and those paid by the smallest
   1-20  sources per ton do not exceed the fee paid by the largest sources.
   1-21  SECTION (2).
   1-22  Section 382.0622(b) is amended as follows:
   1-23  (b)  Clean Air Act fees shall be deposited in the state treasury to
    2-1  the credit of the clean air act fund and shall be used to safeguard
    2-2  the air resources of the state.  <All unexpended and unobligated
    2-3  money remaining in the fund on the last day of each fiscal biennium
    2-4  shall be transferred to the credit of the general revenue fund>
    2-5        SECTION 3:  The importance of this legislation and the
    2-6  crowded condition of the calendars in both houses create an
    2-7  emergency and an imperative public necessity that the
    2-8  constitutional rule requiring bills to be read on three several
    2-9  days in each house be suspended, and this rule is hereby suspended,
   2-10  and this Act take effect and be in force from and after its
   2-11  passage, and it is so enacted.