Bill not drafted by TLC or Senate E&E.

      Line and page numbers may not match official copy.

      By Hirschi                                      H.B. No. 3208

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to funding of local emergency planning committees.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 505, Food, Drugs and Alcohol Code, is

 1-5     amended as follows:

 1-6           Sec. 505.016(d) is amended as follows:

 1-7           (d)  The department [may] shall  use [up to] at least  20

 1-8     percent of the fees collected under this section as [grants to]

 1-9     funding for local emergency planning committees to assist them to

1-10     fulfill their responsibilities under EPCRA. Upon receipt of fees

1-11     from a facility operator, the department shall within 30 days

1-12     disburse 20% of that fee to the local emergency planning committee

1-13     in whose jurisdiction the facility lies.  The department may

1-14     disburse additional funds from that fee to further assist the local

1-15     emergency planning committee to fulfill its responsibilities under

1-16     EPCRA.  The department may require the local emergency planning

1-17     committee to submit a list of facilities within the committee's

1-18     jurisdiction.  The department may also by rule identify procedures

1-19     for justification of funding in excess of the 20% minimum.  The

1-20     department may use up to 15 percent of the fees collected under

1-21     this chapter and Chapter 506, or the amount of fees paid by the

1-22     state and its political subdivisions under Chapter 506, whichever

1-23     is greater, to administer Chapter 502.

1-24           SECTION 2.  Chapter 503, Food, Drug and Alcohol Code, is

 2-1     amended as follows:

 2-2           Sec. 507.013 is amended as follows:

 2-3           Sec. 507.013.  RULES; FEES.  The department [may] shall  use

 2-4     [up to] at least 20 percent of the fees collected under this

 2-5     section as [grants to] funding for  local emergency planning

 2-6     committees to assist them to fulfill their responsibilities under

 2-7     EPCRA.  Upon receipt of fees from a facility operator, the

 2-8     department shall within 30 days disburse 20% of that fee to the

 2-9     local emergency planning committee in whose jurisdiction the

2-10     facility lies.  The department may require the local emergency

2-11     planning committee to submit a list of facilities within the

2-12     committee's jurisdiction.  The department may disburse additional

2-13     funds from that fee to further assist the local emergency planning

2-14     committee to fulfill its responsibilities under EPCRA.  The

2-15     department may require the local emergency planning committee to

2-16     submit a list of facilities within the committee's jurisdiction.

2-17     The department may also by rule identify procedures for

2-18     justification of funding in excess of the 20% minimum.

2-19           SECTION 3.  This Act takes effect September 1, 1997, and

2-20     applies only to fees collected on or after that date.

2-21           SECTION 4.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.