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.