75R10819 MI-F                           

         By Swinford                                           H.B. No. 3231

         Substitute the following for H.B. No. 3231:

         By Howard                                         C.S.H.B. No. 3231

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the consolidation and use of certain accounts and funds

 1-3     of the Texas Natural Resource Conservation Commission.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Sections 5.235(a), (b), (f), and (n), Water Code,

 1-6     are amended to read as follows:

 1-7           (a)  The executive director shall charge and collect the fees

 1-8     prescribed by law. The executive director shall make a record of

 1-9     fees prescribed when due and shall render an account to the person

1-10     charged with the fees.  Each fee is a separate charge and is in

1-11     addition to other fees unless provided otherwise. Except as

1-12     otherwise provided, a fee assessed and collected under this section

1-13     shall be deposited to the credit of the water resource management

1-14     account.

1-15                 (1)  Notwithstanding other provisions, the commission

1-16     by rule may establish due dates, schedules, and procedures for

1-17     assessment, collection, and remittance of fees due the commission

1-18     to ensure the cost-effective administration of revenue collection

1-19     and cash management programs.

1-20                 (2)  Notwithstanding other provisions, the commission

1-21     by rule shall establish uniform and consistent requirements for the

1-22     assessment of penalties and interest for late payment of fees owed

1-23     the state under the commission's jurisdiction.  Penalties and

1-24     interest established under this section shall not exceed rates

 2-1     established for delinquent taxes under Sections 111.060 and

 2-2     111.061, Tax Code.

 2-3           (b)  Except as otherwise [specifically] provided by law [this

 2-4     section], the fee for filing an application or petition is $100

 2-5     plus the cost of any required notice.  The fee for a by-pass permit

 2-6     shall be set by the commission at a reasonable amount to recover

 2-7     costs, but not less than $100.

 2-8           (f)  A person who files a bond issue application with the

 2-9     commission must pay an application fee set by the commission.  The

2-10     commission by rule may set the application fee in an amount not to

2-11     exceed the costs of reviewing and processing the application, plus

2-12     the cost of required notice.  If the bonds are approved by the

2-13     commission, the seller shall pay to the commission a percentage of

2-14     the bond proceeds not later than the seventh business day after

2-15     receipt of the bond proceeds.  The commission by rule may set the

2-16     percentage of the proceeds in an amount not to exceed 0.25 percent

2-17     of the principal amount of the bonds actually issued.  [Revenue

2-18     from these fees and application fees under Subsection (e) of this

2-19     section shall be deposited in the state treasury and credited to

2-20     the water utility fund.]  Proceeds of the fees shall be used to

2-21     supplement any other funds available for paying expenses of the

2-22     commission in supervising the various bond and construction

2-23     activities of the districts filing the applications.

2-24           (n)(1)  Each provider of potable water or sewer utility

2-25     service shall collect a regulatory assessment from each retail

2-26     customer as follows:

2-27                       (A)  A public utility as defined in Section

 3-1     13.002 of this code shall collect from each retail customer a

 3-2     regulatory assessment equal to one percent of the charge for retail

 3-3     water or sewer service.

 3-4                       (B)  A water supply or sewer service corporation

 3-5     as defined in Section 13.002 of this code shall collect from each

 3-6     retail customer a regulatory assessment equal to one-half of one

 3-7     percent of the charge for retail water or sewer service.

 3-8                       (C)  A district as defined in Section 49.001

 3-9     [50.001] of this code that provides potable water or sewer utility

3-10     service to retail customers shall collect from each retail customer

3-11     a regulatory assessment equal to one-half of one percent of the

3-12     charge for retail water or sewer service.

3-13                 (2)  The regulatory assessment may be listed on the

3-14     customer's bill as a separate item and shall be collected in

3-15     addition to other charges for utility services.

3-16                 (3)  The commission shall use the assessments collected

3-17     under this subsection solely to pay costs and expenses incurred by

3-18     the commission in the regulation of districts, water supply or

3-19     sewer service corporations, and public utilities under Chapter 13,

3-20     Water Code.

3-21                 (4)  The commission shall annually use a portion of the

3-22     assessments to provide on-site technical assistance and training to

3-23     public utilities, water supply or sewer service corporations, and

3-24     districts.  The commission shall contract with others to provide

3-25     the services.

3-26                 (5)  The commission by rule may establish due dates,

3-27     collection procedures, and penalties for late payment related to

 4-1     regulatory assessments under this subsection.  The executive

 4-2     director shall collect all assessments from the utility service

 4-3     providers[, and those funds shall be paid into the state treasury

 4-4     and credited to the water utility fund].

 4-5                 (6)  The commission shall assess a penalty against a

 4-6     municipality with a population of more than 1.5 million that does

 4-7     not provide municipal water and sewer services in an annexed area

 4-8     in accordance with Section 43.0565, Local Government Code.  A

 4-9     penalty assessed under this paragraph shall be not more than $1,000

4-10     for each day the services are not provided after March 1, 1998, for

4-11     areas annexed before January 1, 1993, or not provided within 4 1/2

4-12     years after the effective date of the annexation for areas annexed

4-13     on or after January 1, 1993.  A penalty collected under this

4-14     paragraph shall be deposited to the credit of [into] the water

4-15     resource management account [utility fund in the state treasury] to

4-16     be used to provide water and sewer service to residents of the

4-17     city.

4-18                 (7)  The regulatory assessment does not apply to water

4-19     that has not been treated for the purpose of human consumption.

4-20           SECTION 2.  Subchapter F, Chapter 5, Water Code, is amended

4-21     by adding Section 5.238 to read as follows:

4-22           Sec. 5.238.  ADMINISTRATIVE ACCOUNT.  The commission

4-23     administrative account is an account in the general revenue fund.

4-24     The account consists of reimbursements to the commission for

4-25     services provided by the commission and other sources specified by

4-26     law and authorized by legislative appropriation.

4-27           SECTION 3.  Section 11.329(d), Water Code, is amended to read

 5-1     as follows:

 5-2           (d)  The executive director shall deposit [transmit] all

 5-3     collections under this section to the credit of the watermaster

 5-4     administration account [State Treasurer].

 5-5           SECTION 4.  Section 12.113(b), Water Code, is amended to read

 5-6     as follows:

 5-7           (b)  The commission shall deposit all costs collected under

 5-8     Subchapter G [F], Chapter 11 of this code in the State Treasury to

 5-9     the credit of the watermaster [water rights] administration account

5-10     [fund], from which the commission shall pay all expenses necessary

5-11     to efficiently administer and perform the duties described in

5-12     Sections 11.325 through 11.335 of this code.

5-13           SECTION 5.  Section 13.453, Water Code, is amended to read as

5-14     follows:

5-15           Sec. 13.453.  COLLECTION AND DISPOSITION OF FEES [PAYMENT

5-16     INTO GENERAL REVENUE FUND].  All fees paid under Sections 13.4521

5-17     and 13.4522 of this code shall be collected by the executive

5-18     director and paid into the water resource management account

5-19     [General Revenue Fund].

5-20           SECTION 6.  Section 26.0135(h), Water Code, is amended to

5-21     read as follows:

5-22           (h)  The commission shall apportion, assess, and recover the

5-23     reasonable costs of administering the water quality management

5-24     programs under this section through the fiscal year ending August

5-25     31, 1998, from users of water and wastewater permit holders in the

5-26     watershed according to the records of the commission generally in

5-27     proportion to their right, through permit or contract, to use water

 6-1     from and discharge wastewater in the watershed.  Irrigation water

 6-2     rights will not be subject to this assessment.  The cost to river

 6-3     authorities and others to conduct regional water quality assessment

 6-4     shall be subject to prior review and approval by the commission as

 6-5     to methods of allocation and total amount to be recovered.  The

 6-6     commission shall adopt rules to supervise and implement the water

 6-7     quality assessment and associated costs.  The rules shall ensure

 6-8     that water users and wastewater dischargers do not pay excessive

 6-9     amounts, that a river authority may recover no more than the actual

6-10     costs of administering the water quality management programs called

6-11     for in this section, and that no municipality shall be assessed

6-12     cost for any efforts that duplicate water quality management

6-13     activities described in Section 26.177 of this chapter.  The rules

6-14     concerning the apportionment and assessment of reasonable costs

6-15     shall provide for a recovery of not more than $5,000,000 annually

6-16     through the fiscal year ending August 31, 1998.  Costs recovered by

6-17     the commission are to be deposited to the credit of the water

6-18     resource management account [quality fund].  The commission may

6-19     apply not more than 10 percent of the costs recovered annually

6-20     toward the commission's overhead costs for the administration of

6-21     this section and the implementation of regional water quality

6-22     assessments.  The commission shall file a final written report

6-23     accounting for the costs recovered under this section with the

6-24     governor, the lieutenant governor, and the speaker of the house of

6-25     representatives on or before December 31, 1998.  This subsection

6-26     expires January 1, 1999.

6-27           SECTION 7.  Section 26.0291(c), Water Code (effective until

 7-1     delegation of NPDES permit authority), is amended to read as

 7-2     follows:

 7-3           (c)  The fees collected under this section shall be deposited

 7-4     to the credit of the [in a special fund in the state treasury to be

 7-5     known as the] water resource management account, an account in the

 7-6     general revenue [quality] fund.  [Money in the fund shall be used

 7-7     as follows:]

 7-8                 [(1)  to supplement any other funds available for

 7-9     paying expenses of the commission in inspecting waste treatment

7-10     facilities;]

7-11                 [(2)  to pay for the issuance and renewal of

7-12     certificates of competency under and to administer Section 26.0301

7-13     of this code; and]

7-14                 [(3)  to pay for processing plans or amendments to

7-15     plans and inspecting the construction of projects under those plans

7-16     pursuant to Section 26.0461 of this code and rules of the

7-17     commission adopted under Sections 26.046 and 26.0461 of this code.]

7-18           SECTION 8.  Sections 26.0291(a) and (c), Water Code

7-19     (effective upon delegation of NPDES permit authority), are amended

7-20     to read as follows:

7-21           (a)  An annual waste treatment inspection fee is imposed on

7-22     each permittee for each waste discharge permit held by the

7-23     permittee.  The fee is to supplement any other funds available to

7-24     pay expenses of the commission in inspecting waste treatment

7-25     facilities and enforcing the laws of the state and the rules of the

7-26     commission governing waste discharge and waste treatment

7-27     facilities, including any expenses of the commission necessary to

 8-1     obtain from the federal government delegation of and to administer

 8-2     the national pollutant discharge elimination system (NPDES)

 8-3     program.  The fee for each year is imposed on each permit in effect

 8-4     during any part of the year.

 8-5           (c)  The fees collected under this section shall be deposited

 8-6     to the credit of [in a special fund in the state treasury to be

 8-7     known as] the water resource management account, an account in the

 8-8     general revenue [quality] fund.  [Money in the fund shall be used

 8-9     as follows:]

8-10                 [(1)  to supplement any other funds available for

8-11     paying expenses of the commission in inspecting waste treatment

8-12     facilities;]

8-13                 [(2)  to pay for the issuance and renewal of

8-14     certificates of competency under and to administer Section 26.0301

8-15     of this code;]

8-16                 [(3)  to pay for processing plans or amendments to

8-17     plans and inspecting the construction of projects under those plans

8-18     pursuant to Section 26.0461 of this code and rules of the

8-19     commission adopted under Sections 26.046 and 26.0461 of this code;

8-20     and]

8-21                 [(4)  to pay for any expenses of the commission

8-22     necessary to obtain and administer the NPDES program in lieu of the

8-23     federal government.]

8-24           SECTION 9.  Section 26.0301(e), Water Code, is amended to

8-25     read as follows:

8-26           (e)  The commission by rule shall set a fee to be paid by

8-27     each applicant or licensee on the issuance or renewal of a

 9-1     certificate of competency under this section.  The amount of the

 9-2     fee is determined according to the costs of the commission in

 9-3     administering this section, but may not exceed $25 annually for an

 9-4     individual wastewater treatment plant operator and $500 annually

 9-5     for a person, company, corporation, firm, or partnership that is in

 9-6     the business as a wastewater treatment facility operations company.

 9-7     The commission shall deposit any fees collected under this

 9-8     subsection in the state treasury to the credit of the commission

 9-9     occupational licensing account [water quality fund].

9-10           SECTION 10.  Section 26.044(c), Water Code, is amended to

9-11     read as follows:

9-12           (c)  The commission may delegate the administration and

9-13     performance of the certification function to the executive director

9-14     or to any other governmental entity.  The commission shall collect

9-15     the following fees from applicants for certification:

9-16             Boat Certificates (annual):                       

9-17             Initial Certificates for Pump-out              $35

9-18             Pump-out Renewal                               $25

9-19             Marine Sanitation Device (biennial):              

9-20             Boat over 26 Feet or Houseboat                 $15

9-21             Boat 26 Feet or less with Permanent Device     $15

9-22     All certification fees shall be paid to the entity performing the

9-23     certification function.  All fees collected by any state agency

9-24     shall be deposited to the credit of the water resource management

9-25     account [in a special fund] for use by that agency in administering

9-26     and  performing the certification function [and shall not be

9-27     deposited in the General Revenue Fund of the state].

 10-1          SECTION 11.  Section 26.0461(h), Water Code, is amended to

 10-2    read as follows:

 10-3          (h)  A fee collected under this section shall be deposited in

 10-4    the State Treasury to the credit of a special program to be used

 10-5    only for the commission's Edwards Aquifer programs [the water

 10-6    quality fund].

 10-7          SECTION 12.  Section 26.263(2), Water Code, is amended to

 10-8    read as follows:

 10-9                (2)  "Account" ["Fund"] means the Texas spill response

10-10    account [Spill Response Fund].

10-11          SECTION 13.  Section 26.264(f), Water Code, is amended to

10-12    read as follows:

10-13          (f)  The commission and the Texas Department of

10-14    Transportation, in cooperation with the governor, the United States

10-15    Coast Guard, and the Environmental Protection Agency, shall develop

10-16    a contractual agreement whereby personnel, equipment, and materials

10-17    in possession or under control of the Texas Department of

10-18    Transportation may be diverted and utilized for spill and discharge

10-19    cleanup as provided for in this subchapter.  Under the agreement,

10-20    the following conditions shall be met:

10-21                (1)  the commission and the Texas Department of

10-22    Transportation shall develop and maintain written agreements and

10-23    contracts on how such utilization will be effected, and designating

10-24    agents for this purpose;

10-25                (2)  personnel, equipment, and materials may be

10-26    diverted only with the approval of the commission and the Texas

10-27    Department of Transportation, acting through their designated

 11-1    agents, or by action of the governor;

 11-2                (3)  all expenses and costs of acquisition of such

 11-3    equipment and materials or resulting from such cleanup activities

 11-4    shall be paid from the account [fund], subject to reimbursement as

 11-5    provided in this subchapter; and

 11-6                (4)  subsequent to such activities, a full report of

 11-7    all expenditures and significant actions shall be prepared and

 11-8    submitted to the governor and the Legislative Budget Board, and

 11-9    shall be reviewed by the commission.

11-10          SECTION 14.  Section 26.265, Water Code, is amended to read

11-11    as follows:

11-12          Sec. 26.265.  TEXAS SPILL RESPONSE ACCOUNT [FUND].  (a)  The

11-13    [There is hereby created the] Texas spill response account is an

11-14    account in the general revenue fund [Spill Response Fund].  This

11-15    account [fund] shall not exceed $5 million, exclusive of fines  and

11-16    penalties received under this subchapter.

11-17          (b)  The account [fund] shall consist of money appropriated

11-18    to it by the legislature and any fines, civil penalties, or other

11-19    reimbursement to the account [fund] provided for under this

11-20    subchapter.

11-21          (c)  The commission may expend money in the account [fund]

11-22    only for the purposes of:

11-23                (1)  response to and investigation of spills and

11-24    discharges;

11-25                (2)  obtaining personnel, equipment, and supplies

11-26    required in the cleanup of discharges and spills; and

11-27                (3)  the assessment of damages to and the restoration

 12-1    of land and aquatic resources held in trust or owned by the state.

 12-2          (d)  In addition to any cause of action under Chapter 40,

 12-3    Natural Resources Code, the state has a cause of action against any

 12-4    responsible person for recovery of:

 12-5                (1)  expenditures out of the account [fund]; and

 12-6                (2)  costs that would have been incurred or paid by the

 12-7    responsible person if the responsible person had fully carried out

 12-8    the duties under Section 26.266 of this code, including:

 12-9                      (A)  reasonable costs of reasonable and necessary

12-10    scientific studies to determine impacts of the spill on the

12-11    environment and natural resources and to determine the manner in

12-12    which to respond to spill impacts;

12-13                      (B)  costs of attorney services;

12-14                      (C)  out-of-pocket costs associated with state

12-15    agency action;

12-16                      (D)  reasonable costs incurred by the state in

12-17    cleanup operations, including costs of personnel, equipment, and

12-18    supplies and restoration of land and aquatic resources held in

12-19    trust or owned by the state; and

12-20                      (E)  costs of remediating injuries proximately

12-21    caused by reasonable cleanup activities.

12-22          (e)  The state's right to recover under Subsection (d) of

12-23    this section arises whether or not expenditures have actually been

12-24    made out of the account [fund].

12-25          (f)  It is the intent of the legislature that the state

12-26    attempt to recover the costs of cleanup according to the following

12-27    priority:

 13-1                (1)  a responsible person; and

 13-2                (2)  the federal government to the extent that recovery

 13-3    from a responsible person is insufficient to pay the costs of

 13-4    cleanup.

 13-5          (g)  In a suit brought under Subsection (d) of this section,

 13-6    any responsible person who, after reasonable notice has been given

 13-7    by the executive director, has failed, after a reasonable period,

 13-8    to carry out his duties under Section 26.266 of this code is liable

 13-9    to the state for twice the costs incurred by the state under this

13-10    subchapter in cleaning up the spill or discharge.  Reasonable

13-11    notice under this subsection must include a statement as to the

13-12    basis for finding the person to whom notice is sent to be a

13-13    responsible person.  Any responsible person held liable under this

13-14    subsection or Subsection (d) of this section has the right to

13-15    recover indemnity or contribution from any third party who caused,

13-16    suffered, allowed, or permitted the spill or discharge.  Liability

13-17    arising under this subsection or Subsection (d) of this section

13-18    does not affect any rights the responsible person has against a

13-19    third party whose acts caused or contributed to the spill or

13-20    discharge.

13-21          SECTION 15.  Section 26.266(c), Water Code, is amended to

13-22    read as follows:

13-23          (c)  Any discharge or spill of a hazardous substance, the

13-24    source of which is unknown, occurring in or having a potentially

13-25    harmful effect on waters in this state or in waters beyond the

13-26    jurisdiction of this state and which may reasonably be expected to

13-27    enter waters in this state may be removed by or under the direction

 14-1    of the executive director.  Any expense involved in the removal of

 14-2    an unexplained discharge pursuant to this subsection shall be paid,

 14-3    on the commission's approval, from the account [fund], subject to

 14-4    the authority of the commission to seek reimbursement from an

 14-5    agency of the federal government, and from the responsible person

 14-6    if the identity of that person is discovered.

 14-7          SECTION 16.  Sections 26.346(c) and (e), Water Code, are

 14-8    amended to read as follows:

 14-9          (c)  The commission shall issue to each person who owns or

14-10    operates a petroleum storage tank that is registered under this

14-11    section a registration certificate that includes a brief

14-12    description of:

14-13                (1)  the responsibility of the owner or operator under

14-14    Section 26.3512 of this code; and

14-15                (2)  the rights of the owner or operator to participate

14-16    in the petroleum storage tank remediation account [fund] and

14-17    groundwater protection cleanup program established under this

14-18    subchapter.

14-19          (e)  The owner or operator of an underground or aboveground

14-20    storage tank installed before December 1, 1995, that is required to

14-21    be registered under this section and that has not been registered

14-22    on or before December 31, 1995, is not eligible to receive

14-23    reimbursement for that tank from the petroleum storage tank

14-24    remediation account [fund] except for:

14-25                (1)  an owner of a registered facility who discovers an

14-26    unregistered tank while removing, upgrading, or replacing a tank or

14-27    while performing a site assessment;

 15-1                (2)  a state or local governmental agency that

 15-2    purchases a right-of-way and discovers during construction an

 15-3    unregistered tank in the right-of-way; or

 15-4                (3)  a property owner who reasonably could not have

 15-5    known that a tank was located on the property because a title

 15-6    search or the previous use of the property does not indicate a tank

 15-7    on the property.

 15-8          SECTION 17.  Section 26.351(d), Water Code, is amended to

 15-9    read as follows:

15-10          (d)  The commission may retain agents to take corrective

15-11    action it considers necessary under this section.  The agents shall

15-12    operate under the direction of the executive director.  Any

15-13    expenses arising from corrective action taken by the commission or

15-14    the executive director may be paid from the waste management

15-15    account [storage tank fund].

15-16          SECTION 18.  Section 26.3511(a), Water Code, is amended to

15-17    read as follows:

15-18          (a)  Notwithstanding Section 26.351(c) of this code, to the

15-19    extent that the commission pays from the petroleum storage tank

15-20    remediation account [fund] or from sources other than the waste

15-21    management account [storage tank fund] the expenses of the

15-22    investigations, cleanups, and corrective action measures it

15-23    performs, the commission may undertake those corrective action

15-24    measures described in Section 26.351 of this code in response to a

15-25    release or a threatened release from an underground or aboveground

15-26    storage tank under any circumstances in which the commission

15-27    considers it necessary to protect the public health and safety or

 16-1    the environment.

 16-2          SECTION 19.  Section 26.3512, Water Code, is amended to read

 16-3    as follows:

 16-4          Sec. 26.3512.  OWNER OR OPERATOR RESPONSIBILITY; LIMITATIONS

 16-5    ON ACCOUNT [FUND] PAYMENTS FOR CORRECTIVE ACTION.  (a)  The

 16-6    provisions of this subchapter relating to the groundwater

 16-7    protection cleanup program and to the petroleum storage tank

 16-8    remediation account [fund] do not limit the responsibility or

 16-9    liability of an owner or operator of a petroleum storage tank

16-10    required to take corrective action under an order issued in

16-11    accordance with this subchapter by the commission.

16-12          (b)  Funds from the petroleum storage tank remediation

16-13    account [fund] may not be used to pay, and the owner or operator of

16-14    a petroleum  storage tank ordered by the commission to take

16-15    corrective action is responsible for payment of, the following:

16-16                (1)  the owner or operator contribution described by

16-17    Subsections (e)-(k);

16-18                (2)  any expenses for corrective action that exceed the

16-19    applicable amount specified by Section 26.3573(m) [26.3573(l)];

16-20                (3)  any expenses for corrective action that are not

16-21    covered by payment from the petroleum storage tank remediation

16-22    account [fund] under the rules or decisions of the commission under

16-23    this subchapter;

16-24                (4)  any expenses for corrective action not ordered or

16-25    agreed to by the commission; or

16-26                (5)  any expenses for corrective action incurred for

16-27    confirmed releases initially discovered and reported to the

 17-1    commission after December 22, 1998.

 17-2          (c)  The owner or operator contribution under Subsection

 17-3    (b)(1) of this section may include the costs of site assessment.

 17-4          (d)  Subsection (b)(1) of this section does not prohibit

 17-5    payment from the petroleum storage tank remediation account [fund]

 17-6    of expenses incurred by an eligible owner or operator as a result

 17-7    of an order issued by the commission under Section 26.356 of this

 17-8    code if the commission finds that the eligible owner or operator is

 17-9    not responsible for the release from a petroleum storage tank.  An

17-10    eligible owner or operator covered by this subsection is eligible

17-11    for reimbursement from the petroleum storage tank remediation

17-12    account [fund] for the expenses incurred relating to corrective

17-13    action that result from the order issued by the commission under

17-14    Section 26.356 of this code.

17-15          (e)  If an owner or operator submits a site assessment in

17-16    accordance with commission rules before December 23, 1996, the

17-17    owner or operator shall pay under Subsection (b)(1) the first

17-18    expenses for corrective action taken for each occurrence as

17-19    follows:

17-20                (1)  a person who owns or operates 1,000 or more single

17-21    petroleum storage tanks, the first $10,000;

17-22                (2)  a person who owns or operates not fewer than 100

17-23    or more than 999 single petroleum storage tanks, the first $5,000;

17-24                (3)  a person who owns or operates not fewer than 13 or

17-25    more than 99 single petroleum storage tanks, the first $2,500; and

17-26                (4)  a person who owns or operates fewer than 13 single

17-27    petroleum storage tanks, the first $1,000.

 18-1          (f)  If an owner or operator does not submit a site

 18-2    assessment in accordance with commission rules before December 23,

 18-3    1996, the owner or operator shall pay under Subsection (b)(1) the

 18-4    first expenses for corrective action taken for each occurrence as

 18-5    follows:

 18-6                (1)  a person who owns or operates 1,000 or more single

 18-7    petroleum storage tanks, the first $20,000;

 18-8                (2)  a person who owns or operates not fewer than 100

 18-9    or more than 999 single petroleum storage tanks, the first $10,000;

18-10                (3)  a person who owns or operates not fewer than 13 or

18-11    more than 99 single petroleum storage tanks, the first $5,000; and

18-12                (4)  a person who owns or operates fewer than 13 single

18-13    petroleum storage tanks, the first $2,000.

18-14          (g)  If an owner or operator's corrective action plan is

18-15    approved by the commission under Section 26.3572 before December

18-16    23, 1997, the owner or operator shall pay under Subsection (b)(1)

18-17    the amount provided by Subsection (e) for the first expenses for

18-18    corrective action taken for each occurrence.

18-19          (h)  If an owner or operator's corrective action plan is not

18-20    approved by the commission under Section 26.3572 before December

18-21    23, 1997, the owner or operator shall pay under Subsection (b)(1)

18-22    the first expenses for corrective action taken for each occurrence

18-23    as follows:

18-24                (1)  a person who owns or operates 1,000 or more single

18-25    petroleum storage tanks, the first $40,000;

18-26                (2)  a person who owns or operates not fewer than 100

18-27    or more than 999 single petroleum storage tanks, the first $20,000;

 19-1                (3)  a person who owns or operates not fewer than 13 or

 19-2    more than 99 single petroleum storage tanks, the first $10,000; and

 19-3                (4)  a person who owns or operates fewer than 13 single

 19-4    petroleum storage tanks, the first $4,000.

 19-5          (i)  If an owner or operator has a corrective action plan

 19-6    approved by the commission under Section 26.3572 and before

 19-7    December 23, 1998, has met the goals specified in the plan to be

 19-8    met by that date, the owner or operator shall pay under Subsection

 19-9    (b)(1) the amount specified by Subsection (e) for the first

19-10    expenses for corrective action taken for each occurrence.

19-11          (j)  If an owner or operator does not have a corrective

19-12    action plan approved by the commission under Section 26.3572 or, on

19-13    December 23, 1998, has not met the goals specified in the plan to

19-14    be met by that date, the owner or operator shall pay under

19-15    Subsection (b)(1) the first expenses for corrective action taken

19-16    for each occurrence as follows:

19-17                (1)  a person who owns or operates 1,000 or more single

19-18    petroleum storage tanks, the first $80,000;

19-19                (2)  a person who owns or operates not fewer than 100

19-20    or more than 999 single petroleum storage tanks, the first $40,000;

19-21                (3)  a person who owns or operates not fewer than 13 or

19-22    more than 99 single petroleum storage tanks, the first $20,000; and

19-23                (4)  a person who owns or operates fewer than 13 single

19-24    petroleum storage tanks, the first $8,000.

19-25          (k)  An owner or operator of a site for which a closure

19-26    letter has been issued under Section 26.3572 shall pay under

19-27    Subsection (b)(1) the first $50,000 of expenses for corrective

 20-1    action for each occurrence.

 20-2          SECTION 20.  Sections 26.3513(i) and (k), Water Code, are

 20-3    amended to read as follows:

 20-4          (i)  The commission may use the petroleum storage tank

 20-5    remediation account [fund] to take corrective action at any time

 20-6    before, during, or after the conclusion of apportionment

 20-7    proceedings commenced under this section.

 20-8          (k)  Nothing in this section:

 20-9                (1)  prohibits the commission from using the waste

20-10    management account [storage tank fund] to take corrective action as

20-11    provided by this  subchapter and having cost recovery for the waste

20-12    management account [storage tank fund]; or

20-13                (2)  affects the assessment of administrative penalties

20-14    by the commission for violations of this subchapter or rules or

20-15    orders adopted thereunder.

20-16          SECTION 21.  Sections 26.355(c), (d), (h), and (i), Water

20-17    Code, are amended to read as follows:

20-18          (c)  The state's right to recover under this section arises

20-19    whether or not the commission:

20-20                (1)  uses funds from the waste management account

20-21    [storage tank fund] or the petroleum storage tank remediation

20-22    account [fund]; or

20-23                (2)  receives or will receive funds from the state, the

20-24    federal government, or any other source for the purpose of

20-25    corrective action or enforcement.

20-26          (d)  If the commission uses money from the petroleum storage

20-27    tank remediation account [fund] for corrective action or

 21-1    enforcement and if the costs are recovered under this section, the

 21-2    commission may not recover more than the amount of the applicable

 21-3    owner or operator contribution described by Section 26.3512(e) of

 21-4    this code from an eligible owner or operator for corrective action

 21-5    for each occurrence.

 21-6          (h)  Except as provided by Subsection (i) of this section,

 21-7    money recovered in a court proceeding under this section shall be

 21-8    deposited in the State Treasury to the credit of the waste

 21-9    management account [storage tank fund].

21-10          (i)  If the commission uses money from the petroleum storage

21-11    tank remediation account [fund] for corrective action or

21-12    enforcement as provided by this subchapter, money recovered in a

21-13    court proceeding  under this section shall be deposited in the

21-14    state treasury to the credit of the petroleum storage tank

21-15    remediation account [fund].

21-16          SECTION 22.  Section 26.3572(b), Water Code, is amended to

21-17    read as follows:

21-18          (b)  In administering the program, the commission shall:

21-19                (1)  negotiate with or direct responsible parties in

21-20    site assessment and remediation matters using risk-based corrective

21-21    action;

21-22                (2)  approve site-specific corrective action plans for

21-23    each site as necessary, using risk-based corrective action;

21-24                (3)  review and inspect site assessment and remedial

21-25    activities and reports;

21-26                (4)  use risk-based corrective action procedures as

21-27    determined by commission rule to establish cleanup levels;

 22-1                (5)  adopt by rule criteria for assigning a priority to

 22-2    each site using risk-based corrective action and assign a priority

 22-3    to each site according to those criteria;

 22-4                (6)  adopt by rule criteria for:

 22-5                      (A)  risk-based corrective action site closures;

 22-6    and

 22-7                      (B)  the issuance of a closure letter to the

 22-8    owner or operator of a tank site on completion of the commission's

 22-9    corrective action requirements; and

22-10                (7)  process claims for petroleum storage tank

22-11    remediation account [fund] disbursement.

22-12          SECTION 23.  Section 26.3573, Water Code, is amended to read

22-13    as follows:

22-14          Sec. 26.3573.  PETROLEUM STORAGE TANK REMEDIATION ACCOUNT

22-15    [FUND].  (a)  The petroleum storage tank remediation account [fund]

22-16    is an account in the general revenue fund [created in the state

22-17    treasury].  The commission shall administer the account [fund] in

22-18    accordance with this subchapter.

22-19          (b)  The petroleum storage tank remediation account [fund]

22-20    consists of money from:

22-21                (1)  fees charged under Section 26.3574 of this code;

22-22                (2)  the interest and penalties for the late payment of

22-23    the fee charged under Section 26.3574 of this code;

22-24                (3)  funds received from cost recovery for corrective

22-25    action and enforcement actions concerning petroleum storage tanks

22-26    as provided by this subchapter; and

22-27                (4)  temporary cash transfers and other transfers from

 23-1    the general revenue fund authorized by Section 403.092(c),

 23-2    Government Code.

 23-3          (c)  Interest earned on amounts in the petroleum storage tank

 23-4    remediation account [fund] shall be credited to the general revenue

 23-5    fund.

 23-6          (d)  The commission may use the money in the petroleum

 23-7    storage tank remediation account [fund] to pay:

 23-8                (1)  necessary expenses associated with the

 23-9    administration of the petroleum storage tank remediation account

23-10    [fund] and the groundwater protection cleanup program, not to

23-11    exceed an amount equal to five percent of the gross receipts of

23-12    that account [fund], provided that the increment between two and

23-13    five percent of the gross receipts may be used only to pay

23-14    administrative expenses associated with regulating petroleum

23-15    storage tanks, reimbursing eligible owners and operators, disposing

23-16    of contaminated soils, and conducting claims audits in accordance

23-17    with Section 26.35735 of this code;

23-18                (2)  expenses associated with investigation, cleanup,

23-19    or corrective action measures performed in response to a release or

23-20    threatened release from a petroleum storage tank, whether those

23-21    expenses are incurred by the commission or pursuant to a contract

23-22    between a contractor and an eligible owner or operator as

23-23    authorized by this subchapter; and

23-24                (3)  subject to the conditions of Subsection (e) of

23-25    this section, expenses associated with investigation, cleanup, or

23-26    corrective action measures performed in response to a release or

23-27    threatened release of hydraulic fluid or spent oil from hydraulic

 24-1    lift systems or tanks located at a vehicle service and fueling

 24-2    facility and used as part of the operations of that facility.

 24-3          (e)  To consolidate appropriations, the commission may

 24-4    transfer from the petroleum storage tank remediation account to the

 24-5    waste management account an amount equal to the amounts authorized

 24-6    under Subsection (d)(1), subject to the requirements of that

 24-7    subsection.

 24-8          (f)  The commission may pay from the account [fund] expenses

 24-9    under Subsection (d)(3) of this section, whether or not the

24-10    hydraulic fluid or spent oil contamination is mixed with petroleum

24-11    product contamination, but the commission may require an eligible

24-12    owner or operator to demonstrate that the release of spent oil is

24-13    not mixed with any substance except:

24-14                (1)  hydraulic fluid from a hydraulic lift system;

24-15                (2)  petroleum products from a petroleum storage tank

24-16    system; or

24-17                (3)  another substance that was contained in the

24-18    hydraulic lift system or the spent oil tank owned or operated by

24-19    the person claiming reimbursement.

24-20          (g) [(f)]  The commission, in accordance with this subchapter

24-21    and rules adopted under this subchapter, may:

24-22                (1)  contract directly with a person to perform

24-23    corrective action and pay the contractor from the petroleum storage

24-24    tank remediation account [fund];

24-25                (2)  reimburse an eligible owner or operator from the

24-26    petroleum storage tank remediation account [fund] for the expenses

24-27    of a corrective action that was:

 25-1                      (A)  performed on or after September 1, 1987; and

 25-2                      (B)  conducted in response to a confirmed release

 25-3    that was initially discovered and reported to the commission on or

 25-4    before December 22, 1998; or

 25-5                (3)  pay the claim of a person who has contracted with

 25-6    an eligible owner or operator to perform corrective action with

 25-7    funds from the petroleum storage tank remediation account [fund].

 25-8          (h) [(g)]  The commission shall administer the petroleum

 25-9    storage tank remediation account [fund] and by rule adopt

25-10    guidelines and  procedures for the use of and eligibility for that

25-11    account [fund], subject to the availability of money in that

25-12    account [fund], as the  commission finds necessary to:

25-13                (1)  make the most efficient use of the money

25-14    available, including:

25-15                      (A)  establishing priorities for payments from

25-16    the account [fund]; and

25-17                      (B)  suspending payments from the account [fund];

25-18    and

25-19                (2)  provide the most effective protection to the

25-20    environment and provide for the public health and safety.

25-21          (i) [(h)]  Consistent with the objectives provided under

25-22    Subsection (h) [(g)] of this section and this subchapter, the

25-23    commission may  by rule adopt:

25-24                (1)  guidelines the commission considers necessary for

25-25    determining the amounts that may be paid from the petroleum storage

25-26    tank remediation account [fund]; and

25-27                (2)  guidelines concerning reimbursement for expenses

 26-1    incurred by an eligible owner or operator and covered under Section

 26-2    26.3512(d) of this code.

 26-3          (j) [(i)]  The commission by rule may implement a

 26-4    registration program for persons who contract with an owner or

 26-5    operator of an underground storage tank or an aboveground storage

 26-6    tank, or with any other person, to perform corrective action under

 26-7    this subchapter.  The commission, on the request of an

 26-8    appropriately licensed or registered professional engineer, shall

 26-9    register the engineer in the program.  An engineer registered in

26-10    the program may contract to perform corrective action under this

26-11    subchapter unless the State Board of Registration for Professional

26-12    Engineers determines the engineer is not qualified to perform a

26-13    corrective action.  An engineer registered in the program is

26-14    subject only to the examination requirements, continuing education

26-15    requirements, fees, and disciplinary procedures adopted by the

26-16    State Board of Registration for Professional Engineers.  The

26-17    commission may adopt minimum qualifications for a person, other

26-18    than an appropriately licensed or registered professional engineer,

26-19    with whom an eligible owner or operator may contract to participate

26-20    in a corrective action and for a person, other than an

26-21    appropriately licensed or registered professional engineer, who

26-22    performs or supervises the corrective action.  The commission may

26-23    require the use of registered contractors and registered corrective

26-24    action supervisors by an eligible owner or operator as a

26-25    prerequisite to the payment of money from the petroleum storage

26-26    tank remediation account [fund] for corrective action under this

26-27    subchapter.  Any qualified registered contractor may conduct the

 27-1    characterization, study, appraisal, or investigation of a site.  If

 27-2    a site remediation involves the installation or construction of

 27-3    on-site equipment, structures, or systems used in the extraction or

 27-4    management of wastes, except for soil excavation and landfill

 27-5    disposal or well sampling and monitoring, the owner or operator is

 27-6    not eligible for reimbursement from the petroleum storage tank

 27-7    remediation account [fund] unless the plans and specifications for

 27-8    the equipment, structures, or systems are sealed by an

 27-9    appropriately licensed or registered professional engineer and the

27-10    equipment, structures, or systems are constructed under the

27-11    supervision of an appropriately licensed or registered professional

27-12    engineer.  The commission by rule may establish a fee schedule and

27-13    charge fees necessary to defray the costs of administering the

27-14    registration program, including fees for processing applications,

27-15    printing certificates, conducting examinations, and similar

27-16    activities.  Fees collected under this subsection shall be

27-17    deposited in the state treasury to the credit of the commission

27-18    occupational licensing account [storage tank fund].  A person who

27-19    violates a rule or order adopted by the commission under this

27-20    subsection is subject to the appropriate sanctions and penalties

27-21    imposed under this chapter.

27-22          (k) [(j)]  The commission shall hear any complaint regarding

27-23    the payment of a claim from the petroleum storage tank remediation

27-24    account [fund] arising from a contract between a contractor and an

27-25    eligible owner or operator.  A hearing held under this subsection

27-26    shall be conducted in accordance with the procedures for a

27-27    contested case under Chapter 2001, Government Code.  An appeal of a

 28-1    commission decision under this subsection shall be to the district

 28-2    court of Travis County and the substantial evidence rule applies.

 28-3          (l) [(k)]  The commission shall satisfy a claim for payment

 28-4    that is eligible to be paid under this subchapter and the rules

 28-5    adopted under this subchapter made by a contractor, from the

 28-6    petroleum storage tank remediation account [fund] as provided by

 28-7    this section and rules adopted by the commission under this

 28-8    section, regardless of whether the commission:

 28-9                (1)  contracts directly for the goods or services; or

28-10                (2)  pays a claim under a contract executed by a

28-11    petroleum storage tank owner or operator.

28-12          (m) [(l)]  The commission may use any amount up to $1 million

28-13    from the petroleum storage tank remediation account [fund] to pay

28-14    expenses associated with the corrective action for each occurrence

28-15    taken in response to a release from a petroleum storage tank.

28-16          (n) [(m)]  The petroleum storage tank remediation account

28-17    [fund] may not be used for corrective action taken in response to a

28-18    release from an underground storage tank if the sole or principal

28-19    substance in the tank is a hazardous substance.

28-20          (o) [(n)]  The petroleum storage tank remediation account

28-21    [fund] may be used to pay for corrective action in response to a

28-22    release whether the action is taken inside or outside of the

28-23    boundaries of the property on which the leaking petroleum storage

28-24    tank is located.

28-25          (p) [(o)]  The petroleum storage tank remediation account

28-26    [fund] may not be used to compensate third parties for bodily

28-27    injury or property damage.

 29-1          (q) [(p)]  Notwithstanding any other law to the contrary, an

 29-2    owner or operator, or an agent of an owner or operator, is not

 29-3    entitled to and may not be paid interest on any claim for payment

 29-4    from the petroleum storage tank remediation account [fund].

 29-5          SECTION 24.  Section 26.35731, Water Code, is amended to read

 29-6    as follows:

 29-7          Sec. 26.35731.  CONSIDERATION AND PROCESSING OF APPLICATIONS

 29-8    FOR REIMBURSEMENT.  (a)  Except as provided by Subsection (b), the

 29-9    commission shall consider and process a claim by an eligible owner

29-10    or operator for reimbursement from the petroleum storage tank

29-11    remediation account [fund] in the order in which it is received.

29-12    The commission shall consider and process all claims by eligible

29-13    owners and operators for reimbursement from the account [fund] that

29-14    were received before September 1, 1995, before the commission

29-15    considers a claim received after that date.

29-16          (b)  The commission may not consider, process, or pay a claim

29-17    for reimbursement from the petroleum storage tank remediation

29-18    account [fund] for corrective action work begun after September 1,

29-19    1993, and without prior commission approval until all claims for

29-20    reimbursement for corrective action work preapproved by the

29-21    commission have been considered, processed, and paid.

29-22          SECTION 25.  Sections 26.35735(a) and (c), Water Code, are

29-23    amended to read as follows:

29-24          (a)  The commission annually shall audit claims for payment

29-25    from the petroleum storage tank remediation account [fund].

29-26          (c)  The commission may use generally recognized sampling

29-27    techniques to audit claims if the commission determines that the

 30-1    use of those techniques would be cost-effective and would promote

 30-2    greater efficiency in administering claims for payment from the

 30-3    petroleum storage tank remediation account [fund].

 30-4          SECTION 26.  Sections 26.3574(w), (x), (y), and (z), Water

 30-5    Code, are amended to read as follows:

 30-6          (w)  The comptroller shall deduct two percent of the amount

 30-7    collected under this section as the state's charge for its services

 30-8    and shall credit the amount deducted to the general revenue fund.

 30-9    The balance of the fees, penalties, and interest collected by the

30-10    comptroller shall be deposited in the state treasury to the credit

30-11    of the petroleum storage tank remediation account [fund].

30-12          (x)  After the deposits have been made to the credit of the

30-13    general revenue fund under [as required by] Section 403.092(c)(1),

30-14    Government Code, as added by Chapter 533, Acts of the 73rd

30-15    Legislature, 1993, the fee imposed under this section may not be

30-16    collected or required to be paid on or after the first day of the

30-17    second month following notification by the commission of the date

30-18    on which the unobligated balance in the petroleum storage tank

30-19    remediation account [fund] equals or exceeds $125 million. The

30-20    commission shall notify the comptroller in writing of the date on

30-21    which the unobligated balance equals or exceeds $125 million.

30-22          (y)  If the unobligated balance in the petroleum storage tank

30-23    remediation account [fund] falls below $25 million, the fee shall

30-24    be reinstated, effective on the first day of the second month

30-25    following notification by the commission, in amounts determined as

30-26    follows:

30-27                (1)  $12.50 for each delivery into a cargo tank having

 31-1    a capacity of less than 2,500 gallons;

 31-2                (2)  $25 for each delivery into a cargo tank having a

 31-3    capacity of 2,500 gallons or more but less than 5,000 gallons;

 31-4                (3)  $37.50 for each delivery into a cargo tank having

 31-5    a capacity of 5,000 gallons or more but less than 8,000 gallons;

 31-6                (4)  $50 for each delivery into a cargo tank having a

 31-7    capacity of 8,000 gallons or more but less than 10,000 gallons; and

 31-8                (5)  a $25 fee for each increment of 5,000 gallons or

 31-9    any part thereof delivered into a cargo tank having a capacity of

31-10    10,000 gallons or more.

31-11          (z)  For purposes of Subsections (x) and (y) of this section,

31-12    the unobligated balance in the petroleum storage tank remediation

31-13    account [fund] shall be determined by subtracting from the cash

31-14    balance of the account [fund] at the end of each month the sum of

31-15    the total balances remaining on all contracts entered by the

31-16    commission or an eligible owner for corrective action plus the

31-17    total estimates made by the commission of allowable costs for

31-18    corrective action that are unpaid relating to all commission orders

31-19    issued before that date to enforce this subchapter.

31-20          SECTION 27.  Section 26.358, Water Code, is amended to read

31-21    as follows:

31-22          Sec. 26.358.  COLLECTION, USE, AND DISPOSITION OF STORAGE

31-23    TANK [FUND;] FEES AND OTHER REVENUES.  (a)  Revenues collected by

31-24    the commission under this section shall be deposited to the credit

31-25    of the waste management account  [The storage tank fund is created

31-26    in the State Treasury].

31-27          (b)  Under this subchapter, [The storage tank fund consists

 32-1    of money collected by] the commission may collect [from]:

 32-2                (1)  fees imposed on facilities with underground or

 32-3    aboveground storage tanks used for the storage of regulated

 32-4    substances;

 32-5                (2)  the interest and penalties imposed under this

 32-6    section for the late payment of those fees;

 32-7                (3)  funds received from cost recovery for corrective

 32-8    and enforcement actions taken under this subchapter, except as

 32-9    provided by Subsection (c) of this section;

32-10                (4)  funds received from insurers, guarantors, or other

32-11    sources of financial responsibility; and

32-12                (5)  funds from the federal government and other

32-13    sources for use in connection with the storage tank program.

32-14          (c)  If the commission uses money from the petroleum storage

32-15    tank remediation account [fund] for corrective action or

32-16    enforcement as provided by this subchapter, money recovered in a

32-17    court proceeding under Section 26.355 of this code shall be

32-18    deposited in the state treasury to the credit of the petroleum

32-19    storage tank remediation account [fund].

32-20          (d)  The commission shall impose an annual facility fee on a

32-21    facility that operates one or more underground or aboveground

32-22    storage tanks.  The commission may also impose reasonable interest

32-23    and penalties for late payment of the fee as provided by commission

32-24    rule.  The commission may establish a fee schedule that will

32-25    generate an amount of money sufficient to fund the commission's

32-26    budget for the regulatory program regarding underground and

32-27    aboveground storage tanks authorized by this subchapter.

 33-1          (e)  Under this subchapter, the [The] commission may use

 33-2    money in the waste management account [storage tank fund] to:

 33-3                (1)  pay the costs of taking corrective action;

 33-4                (2)  provide matching funds for grants and to fund

 33-5    contracts executed under this subchapter; and

 33-6                (3)  pay for administrative expenses, rules

 33-7    development, enforcement, monitoring, and inspection costs, and

 33-8    other costs incurred in the course of carrying out the purposes and

 33-9    duties of this subchapter.

33-10          (f)  The maximum annual fee that the commission may impose on

33-11    a facility is $25 for each aboveground storage tank and $50 for

33-12    each underground storage tank operated at the facility.

33-13          (g)  The commission shall collect the fees imposed under this

33-14    section on dates set by commission rule.  The period between

33-15    collection dates may not exceed two years.  [The commission shall

33-16    deposit all fees collected and all interest and penalties for late

33-17    payment in the State Treasury to the credit of the storage tank

33-18    fund.]

33-19          (h)  The commission shall adopt rules necessary to administer

33-20    this section.

33-21          SECTION 28.  Section 26.361, Water Code, is amended to read

33-22    as follows:

33-23          Sec. 26.361.  EXPIRATION OF REIMBURSEMENT PROGRAM.

33-24    Notwithstanding any other provision of this subchapter, the

33-25    reimbursement program established under this subchapter expires

33-26    September 1, 2001.  On or after September 1, 2001, the commission

33-27    may not:

 34-1                (1)  use money from the petroleum storage tank

 34-2    remediation account [fund] to reimburse an eligible owner or

 34-3    operator for any expenses of corrective action or to pay the claim

 34-4    of a person who has contracted with an eligible owner or operator

 34-5    to perform corrective action; or

 34-6                (2)  collect a fee under Section 26.3574 of this code.

 34-7          SECTION 29.  Section 26.458(a), Water Code, is amended to

 34-8    read as follows:

 34-9          (a)  The commission shall charge necessary fees to defray the

34-10    costs of administering this subchapter, which shall be deposited in

34-11    the state treasury to the credit of the commission occupational

34-12    licensing [storage tank] account and shall be used by the

34-13    commission in administering this subchapter. The fees may not

34-14    exceed the following amounts:

34-15     (1)  examination fee ..................................... $ 50;

34-16     (2)  initial license application ......................... $200;

34-17     (3)  annual license renewal fee .......................... $175;

34-18     (4)  late renewal fee .................................... $ 25;

34-19     (5)  duplicate license fee ............................... $ 10;

34-20     (6)  certification of registration application fee ....... $ 50;

34-21     (7)  certification of registration issuance fee .......... $100;

34-22     (8)  certification of registration annual renewal fee .... $ 75;

34-23     (9)  duplicate certification of registration or license .. $ 10;

34-24    (10)  application to change certificate of registration ... $ 70.

34-25          SECTION 30.  Section 32.014(b), Water Code, is amended to

34-26    read as follows:

34-27          (b)  All money collected by the commission under this chapter

 35-1    shall be deposited to the credit of the commission occupational

 35-2    licensing account [water well drillers fund] and may be used only

 35-3    to administer this chapter.  The commission shall allocate not more

 35-4    than 20 percent of the money collected under this chapter [water

 35-5    well drillers fund] to cover administrative costs of the

 35-6    commission.

 35-7          SECTION 31.  Section 33.012(b), Water Code, is amended to

 35-8    read as follows:

 35-9          (b)  All money collected by the commission under this chapter

35-10    shall be deposited to the credit of the commission occupational

35-11    licensing account [water well drillers fund].

35-12          SECTION 32.  Section 34.005, Water Code, is amended to read

35-13    as follows:

35-14          Sec. 34.005.  COMMISSION FINANCES.  (a)  Money paid to the

35-15    commission under this chapter shall be deposited to the credit of

35-16    an account in the general revenue fund [in the state treasury in a

35-17    special fund] known as the commission occupational licensing

35-18    account [Texas irrigators fund].

35-19          (b)  Revenues collected under this chapter [The Texas

35-20    irrigators fund] shall be used to pay only expenses approved by the

35-21    commission that are incurred in the administration and enforcement

35-22    of this chapter.

35-23          SECTION 33.  Section 341.034, Health and Safety Code, is

35-24    amended by adding Subsection (c) to read as follows:

35-25          (c)  Fees collected by the commission under this section

35-26    shall be deposited to the credit of the commission occupational

35-27    licensing account.

 36-1          SECTION 34.  Section 341.041, Health and Safety Code, is

 36-2    amended by adding Subsection (c) to read as follows:

 36-3          (c)  Revenues collected by the commission under this

 36-4    subchapter shall be deposited to the credit of the water resource

 36-5    management account.

 36-6          SECTION 35.  Section 361.014, Health and Safety Code, is

 36-7    amended by amending Subsections (a) and (c) and adding Subsection

 36-8    (d) to read as follows:

 36-9          (a)  Revenue received by the commission under Section 361.013

36-10    shall be deposited in the state treasury to the credit of the

36-11    commission.  Half of the revenue is dedicated to the commission's

36-12    municipal solid waste permitting and enforcement programs and

36-13    related support activities and to pay for activities that will

36-14    enhance the state's solid waste management program, including:

36-15                (1)  provision of funds for the municipal solid waste

36-16    management planning fund and the municipal solid waste resource

36-17    recovery applied research and technical assistance fund established

36-18    by the Comprehensive Municipal Solid Waste Management, Resource

36-19    Recovery, and Conservation Act (Chapter 363);

36-20                (2)  conduct of demonstration projects and studies to

36-21    help local governments of various populations and the private

36-22    sector to convert to accounting systems and set rates that reflect

36-23    the full costs of providing waste management services and are

36-24    proportionate to the amount of waste generated;

36-25                (3)  provision of technical assistance to local

36-26    governments concerning solid waste management;

36-27                (4)  establishment of a solid waste resource center in

 37-1    the commission and an office of waste minimization and recycling;

 37-2                (5)  provision of supplemental funding to local

 37-3    governments for the enforcement of this chapter, the Texas Litter

 37-4    Abatement Act (Chapter 365), and Chapters 391 and 683,

 37-5    Transportation Code [Chapter 741, Acts of the 67th Legislature,

 37-6    Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil

 37-7    Statutes)];

 37-8                (6)  conduct of a statewide public awareness program

 37-9    concerning solid waste management;

37-10                (7)  provision of supplemental funds for other state

37-11    agencies with responsibilities concerning solid waste management,

37-12    recycling, and other initiatives with the purpose of diverting

37-13    recyclable waste from landfills;

37-14                (8)  conduct of research to promote the development and

37-15    stimulation of markets for recycled waste products;

37-16                (9)  creation of a state municipal solid waste

37-17    superfund for:

37-18                      (A)  the cleanup of unauthorized tire dumps and

37-19    solid waste dumps for which a responsible party cannot be located

37-20    or is not immediately financially able to provide the cleanup; and

37-21                      (B)  the cleanup or proper closure of abandoned

37-22    or contaminated municipal solid waste sites for which a responsible

37-23    party is not immediately financially able to provide the cleanup;

37-24                (10)  provision of funds to mitigate the economic and

37-25    environmental impacts of lead-acid battery recycling activities on

37-26    local governments; and

37-27                (11)  provision of funds for the conduct of research by

 38-1    a public or private entity to assist the state in developing new

 38-2    technologies and methods to reduce the amount of municipal waste

 38-3    disposed of in landfills.

 38-4          (c)  Revenue derived from fees charged under Section

 38-5    361.013(c) to a transporter of whole used or scrap tires or

 38-6    shredded tire pieces shall be deposited to the credit of the waste

 38-7    tire recycling account [fund].

 38-8          (d)  Revenues allocated to the commission for the purposes

 38-9    authorized by Subsection (a)  shall be deposited to the credit of

38-10    the waste management account.  Revenues allocated to local and

38-11    regional solid waste projects shall be deposited to the credit of

38-12    an account in the general revenue fund known as the municipal solid

38-13    waste disposal account.

38-14          SECTION 36.  Section 361.027(c), Health and Safety Code, is

38-15    amended to read as follows:

38-16          (c)  The commission may:

38-17                (1)  prescribe standards of training required for the

38-18    program;

38-19                (2)  determine the duration of the letter of

38-20    competency;

38-21                (3)  award one or more categories of letters of

38-22    competency with each category reflecting a different degree of

38-23    training or skill;

38-24                (4)  require a reasonable, nonrefundable fee, in an

38-25    amount determined from time to time by the commission, to be paid

38-26    by participants, deposited to the credit of the commission

38-27    occupational licensing account [general revenue fund], and used to

 39-1    administer the  program;

 39-2                (5)  extend or renew letters of competency issued by

 39-3    the commission; and

 39-4                (6)  withdraw a letter of competency for good cause,

 39-5    which may include a violation of this chapter or a rule of the

 39-6    commission concerning the technician's duties and responsibilities.

 39-7          SECTION 37.  Section 361.132, Health and Safety Code, is

 39-8    amended to read as follows:

 39-9          Sec. 361.132.  HAZARDOUS AND SOLID WASTE FEES; WASTE

39-10    MANAGEMENT ACCOUNT [FUND].  (a)  The waste management account is an

39-11    account  [hazardous and solid waste fees fund is] in the general

39-12    revenue fund [state treasury].

39-13          (b)  The account [fund] consists of money:

39-14                (1)  collected by the commission under this subchapter

39-15    as [from]:

39-16                      (A) [(1)]  fees imposed on generators of

39-17    industrial solid waste or hazardous waste under Section 361.134;

39-18                      (B) [(2)]  fees imposed on owners or operators of

39-19    permitted industrial solid waste or hazardous waste facilities, or

39-20    owners or operators of industrial solid waste or hazardous waste

39-21    facilities subject to the requirement of permit authorization,

39-22    under Section 361.135;

39-23                      (C) [(3)]  fees imposed on the owner or operator

39-24    of an industrial solid waste or hazardous waste facility for

39-25    noncommercial and commercial management or disposal of hazardous

39-26    waste or commercial disposal of industrial solid waste under

39-27    Section 361.136;

 40-1                      (D) [(4)]  fees imposed on applicants for

 40-2    industrial solid waste and hazardous waste permits under Section

 40-3    361.137; and

 40-4                      (E) [(5)]  interest and penalties imposed under

 40-5    Section 361.140 for late payment of industrial solid waste and

 40-6    hazardous waste fees authorized under this subchapter; or

 40-7                (2)  deposited to the account as otherwise provided by

 40-8    law.

 40-9          (c)  Except as provided by Section 361.136(l)(1), the

40-10    commission may use the money collected under this subchapter [in

40-11    the fund] only for regulation of industrial solid and hazardous

40-12    waste under this chapter, including payment to other state agencies

40-13    for services provided under contract concerning enforcement of this

40-14    chapter.

40-15          (d)  Any unobligated balance in the account [fund] at the end

40-16    of the state fiscal year may, at the discretion of the commission,

40-17    be transferred to the hazardous and solid waste remediation fee

40-18    account [fund].

40-19          SECTION 38.  Section 361.133, Health and Safety Code, is

40-20    amended to read as follows:

40-21          Sec. 361.133.  HAZARDOUS AND SOLID WASTE REMEDIATION FEE

40-22    ACCOUNT [FUND].  (a)  The hazardous and solid waste remediation fee

40-23    account [fund] is an account in the general revenue fund [state

40-24    treasury].

40-25          (b)  The account [fund] consists of money collected by the

40-26    commission from:

40-27                (1)  fees imposed on the owner or operator of an

 41-1    industrial solid waste or hazardous waste facility for commercial

 41-2    and noncommercial management or disposal of hazardous waste or

 41-3    commercial disposal of industrial solid waste under Section 361.136

 41-4    and fees imposed under Section 361.138;

 41-5                (2)  interest and penalties imposed under Section

 41-6    361.140 for late payment of a fee or late filing of a report;

 41-7                (3)  money paid by a person liable for facility cleanup

 41-8    and maintenance under Section 361.197;

 41-9                (4)  the interest received from the investment of this

41-10    account [fund], in accounts under the charge of the treasurer, to

41-11    be credited pro rata to the hazardous and solid waste remediation

41-12    fee account [fund];

41-13                (5)  monies transferred from other agencies under

41-14    provisions of this code or grants or other payments from any person

41-15    made for the purpose of remediation of facilities under this

41-16    chapter or the investigation, cleanup, or removal of a spill or

41-17    release of a hazardous substance;

41-18                (6)  fees imposed under Section 361.604; and

41-19                (7)  federal grants received for the implementation or

41-20    administration of state voluntary cleanup programs.

41-21          (c)  The commission may use the money collected and deposited

41-22    to the credit of the account [fund] under this section, including

41-23    interest credited under Subsection (b)(4), only for:

41-24                (1)  necessary and appropriate removal and remedial

41-25    action at sites at which solid waste or hazardous substances have

41-26    been disposed if funds from a liable person, independent third

41-27    person, or the federal government are not sufficient for the

 42-1    removal or remedial action;

 42-2                (2)  necessary and appropriate maintenance of removal

 42-3    and remedial actions for the expected life of those actions if:

 42-4                      (A)  funds from a liable person have been

 42-5    collected and deposited to the credit of the account [fund] for

 42-6    that purpose; or

 42-7                      (B)  funds from a liable person, independent

 42-8    third person, or the federal government are not sufficient for the

 42-9    maintenance;

42-10                (3)  expenses concerning compliance with:

42-11                      (A)  the Comprehensive Environmental Response,

42-12    Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et

42-13    seq.) as amended;

42-14                      (B)  the federal Superfund Amendments and

42-15    Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and

42-16                      (C)  Subchapters F and I;

42-17                (4)  expenses concerning the regulation and management

42-18    of household hazardous substances and the prevention of pollution

42-19    of the water resources of the state from the uncontrolled release

42-20    of hazardous substances;

42-21                (5)  expenses concerning the cleanup or removal of a

42-22    spill, release, or potential threat of release of a hazardous

42-23    substance where immediate action is appropriate to protect human

42-24    health and the environment; and

42-25                (6)  expenses concerning implementation of the

42-26    voluntary cleanup program under Subchapter S.

42-27          (d)  The commission shall establish the fee rates for waste

 43-1    management under Section 361.136 and revise them as necessary.  The

 43-2    amount collected each year shall not exceed $16 million after

 43-3    making payments to counties under Section 361.136(l)(1).

 43-4          (e)  The commission shall monitor the unobligated balance in

 43-5    the hazardous and solid waste remediation fee account [fund] and

 43-6    all sources of revenue to the account [fund] and may adjust the

 43-7    amount of fees collected under Subsection (d) [of this section] and

 43-8    Section 361.138 [of this chapter], within prescribed limits, to

 43-9    maintain an unobligated balance of no more than $25 million at the

43-10    end of each fiscal year.

43-11          (f)  For the purpose of Subsection (e) [of this section], the

43-12    unobligated balance in the hazardous and solid waste remediation

43-13    fee account [fund] shall be determined by subtracting from the cash

43-14    balance of the account [fund] at the end of each quarter:

43-15                (1)  the total of all operating expenses encumbered by

43-16    the commission from the account [fund];

43-17                (2)  the sum of the total balances remaining on all

43-18    contracts entered into by the commission to be paid from the

43-19    account [fund]; and

43-20                (3)  the estimated total cost of investigation and

43-21    remedial action at any site eligible for funding under the

43-22    Comprehensive Environmental Response, Compensation and Liability

43-23    Act, as amended, or Subchapter [Subchapters] F or I and not

43-24    currently under contract.

43-25          SECTION 39.  Section 361.134(e), Health and Safety Code, is

43-26    amended to read as follows:

43-27          (e)  Wastes generated in a removal or remedial action

 44-1    accomplished through the expenditure of public funds from the

 44-2    hazardous and solid waste remediation fee account [fund] shall be

 44-3    exempt from any generation fee assessed under this section.

 44-4          SECTION 40.  Sections 361.136(i) and (l), Health and Safety

 44-5    Code, are amended to read as follows:

 44-6          (i)  The storage, processing, or disposal of industrial solid

 44-7    wastes or hazardous wastes generated in a removal or remedial

 44-8    action accomplished through the expenditure of public funds from

 44-9    the hazardous and solid waste remediation fee account [fund] shall

44-10    be exempt from the assessment of a waste management fee under this

44-11    section.

44-12          (l)  Fees collected under this section shall be credited as

44-13    follows:

44-14                (1)  25 percent of the waste management fees collected

44-15    from each commercial waste storage, processing, or disposal

44-16    facility under this section shall be credited to the [hazardous and

44-17    solid] waste management account [fees fund] to be distributed to

44-18    the county in which the facility is located to assist that county

44-19    in defraying the costs associated with commercial industrial solid

44-20    waste and hazardous waste management facilities; and

44-21                (2)  of the remaining amount of the commercial waste

44-22    management fees and of the total amount of the noncommercial waste

44-23    management fees collected from each waste storage, processing, or

44-24    disposal facility:

44-25                      (A)  50 percent of each amount shall be credited

44-26    to the hazardous and solid waste remediation fee account [fund];

44-27    and

 45-1                      (B)  50 percent of each amount shall be credited

 45-2    to the [hazardous and solid] waste management account [fees fund].

 45-3          SECTION 41.  Section 361.137(d), Health and Safety Code, is

 45-4    amended to read as follows:

 45-5          (d)  Application fees collected under this section shall be

 45-6    deposited to the credit of the [hazardous and solid] waste

 45-7    management account [fees fund].

 45-8          SECTION 42.  Section 361.138(j), Health and Safety Code, is

 45-9    amended to read as follows:

45-10          (j)  The comptroller may deduct a percentage of the fees

45-11    collected under this section, not to exceed four percent of

45-12    receipts, to pay the reasonable and necessary costs of

45-13    administering and enforcing this section.  The comptroller shall

45-14    credit the amount deducted to the general revenue fund.  The

45-15    balance of the fees, penalties, and interest collected by the

45-16    comptroller under this section shall be deposited to the hazardous

45-17    and solid waste remediation fee account [fund].

45-18          SECTION 43.  Section 361.140(d), Health and Safety Code, is

45-19    amended to read as follows:

45-20          (d)  Any penalty collected under this section for late filing

45-21    of reports shall be deposited in the state treasury to the credit

45-22    of the hazardous and solid waste remediation fee account [fund].

45-23          SECTION 44.  Section 361.195, Health and Safety Code, is

45-24    amended to read as follows:

45-25          Sec. 361.195.  PAYMENTS FROM HAZARDOUS AND SOLID WASTE

45-26    REMEDIATION [DISPOSAL] FEE ACCOUNT [FUND].  (a)  Money for actions

45-27    taken  or to be taken by the commission in connection with the

 46-1    elimination of an imminent and substantial endangerment to the

 46-2    public health and safety or the environment under this subchapter

 46-3    is payable directly to the commission from the hazardous and solid

 46-4    waste  remediation [disposal] fee account [fund].  These payments

 46-5    include any costs of inspection or sampling and laboratory analysis

 46-6    of wastes, soils, air, surface water, and groundwater done on

 46-7    behalf of a state agency and the costs of investigations to

 46-8    identify and locate potentially responsible parties.

 46-9          (b)  The commission shall seek remediation of facilities by

46-10    potentially responsible parties before expenditure of federal or

46-11    state funds for the remediations.

46-12          SECTION 45.  Sections 361.201(b) and (c), Health and Safety

46-13    Code, are amended to read as follows:

46-14          (b)  If no financially capable, potentially responsible

46-15    parties exist for a facility, the commission shall issue an

46-16    administrative order stating its determination that the facility

46-17    constitutes an imminent and substantial endangerment and that there

46-18    are no financially capable, potentially responsible parties.  The

46-19    commission shall then conduct its own remediation study and

46-20    remedial action, using federal funds if available, or, if federal

46-21    funds are not available, using state funds from the hazardous and

46-22    solid waste remediation [disposal] fee account [fund].

46-23          (c)  Generally, the remediation of listed facilities shall be

46-24    achieved first by private party funding, second with the aid of

46-25    federal funds, and third, if necessary, with state funds from the

46-26    hazardous and solid waste remediation [disposal] fee account

46-27    [fund].

 47-1          SECTION 46.  Section 361.471(1), Health and Safety Code, is

 47-2    amended to read as follows:

 47-3                (1)  "Account" ["Fund"] means the waste tire recycling

 47-4    account [fund].

 47-5          SECTION 47.  Sections 361.474 and 361.475, Health and Safety

 47-6    Code, are amended to read as follows:

 47-7          Sec. 361.474.  DISPOSITION OF FEES AND PENALTIES.  Fees and

 47-8    penalties collected under this subchapter shall be deposited in the

 47-9    state treasury to the credit of the waste tire recycling account

47-10    [fund].

47-11          Sec. 361.475.  WASTE TIRE RECYCLING ACCOUNT [FUND].  (a)  The

47-12    waste tire recycling account [fund] is a special account in the

47-13    general  revenue fund.

47-14          (b)  The commission shall administer the account [fund].

47-15          (c)  The account [fund] consists of fees and penalties

47-16    collected under this subchapter, interest on money in the account

47-17    [fund], and  money from gifts, grants, or any other source intended

47-18    to be used for the purposes of this subchapter.

47-19          (d)  The account [fund] shall be used only to:

47-20                (1)  pay waste tire processors, waste tire energy

47-21    recovery facility owners or operators, or waste tire recyclers that

47-22    meet the requirements for payment under Section 361.477, 361.4771,

47-23    361.4772, or 361.4773 and rules adopted under those sections;

47-24                (2)  pay the commission's reasonable and necessary

47-25    administrative costs of performing its duties under this subchapter

47-26    in an amount not to exceed six percent of the money annually

47-27    accruing to the account [fund];

 48-1                (3)  pay the comptroller's reasonable and necessary

 48-2    administrative costs of performing the comptroller's duties under

 48-3    this subchapter in an amount not to exceed two percent of the money

 48-4    annually accruing to the account [fund];

 48-5                (4)  provide grants to waste tire energy recovery

 48-6    facility owners or operators to cover equipment capital investment

 48-7    costs and equipment installation costs to enable a facility to use

 48-8    tire shreds as fuel; and

 48-9                (5)  provide grants for recycling facility construction

48-10    costs.

48-11          (e)  Registration fees received under Section 361.4725 shall

48-12    be allocated to the commission for its reasonable and necessary

48-13    costs associated with reviewing applications for registration of

48-14    and with registering:

48-15                (1)  fixed and mobile tire processing facilities and

48-16    storage sites;

48-17                (2)  waste tire energy recovery facilities and storage

48-18    sites; and

48-19                (3)  waste tire recyclers.

48-20          (f)  The account [fund] may not be used to reimburse

48-21    shredding or burning of:

48-22                (1)  inner tubes;

48-23                (2)  scrap rubber products;

48-24                (3)  green tires;

48-25                (4)  industrial solid waste, excluding waste tires;

48-26                (5)  oversized tires, as defined by commission rule,

48-27    unless the oversized tires are collected from a priority

 49-1    enforcement list site;

 49-2                (6)  manufacturer reject tires; or

 49-3                (7)  nonpneumatic tires.

 49-4          (g)  The commission may classify special authorization tires,

 49-5    as defined by commission rule, as priority enforcement list tires.

 49-6          (h)  The account [fund] shall maintain a balance of not less

 49-7    than $500,000.

 49-8          (i)  If the commission has reason to believe that the balance

 49-9    of money appropriated from the account [fund] will fall below

49-10    $500,000, the commission may:

49-11                (1)  suspend the requirement to reimburse priority

49-12    enforcement list tires shredded in excess of the minimum percentage

49-13    identified in Section 361.477(c)(3)(C);

49-14                (2)  limit the number of waste tires for which a

49-15    processor, waste tire energy recovery facility owner or operator,

49-16    or waste tire recycler will be reimbursed; or

49-17                (3)  discontinue paid carryover.

49-18          (j)  The revenues obtained from the waste tire recycling fees

49-19    shall be deposited to the credit of the waste tire recycling

49-20    account [fund] and may be used only to pay for those activities and

49-21    costs identified in Subsection (d) or (e).

49-22          (k)  To consolidate appropriations, the commission may

49-23    transfer the amounts authorized under Subsection (d)(2) to the

49-24    waste management account, subject to the limitations of that

49-25    subsection.

49-26          SECTION 48.  Section 361.477(j), Health and Safety Code, is

49-27    amended to read as follows:

 50-1          (j)  The commission shall adopt rules to manage payments from

 50-2    the account [fund] to prevent depletion of the account [fund].

 50-3    Rules adopted under this subsection shall consider appropriate

 50-4    payments to processors that reflect the varying amounts of money

 50-5    available in the account [fund].  In any allocation adopted for

 50-6    processors under this section, the commission shall consider the

 50-7    monthly average percentage of shredded tires the processor has

 50-8    forwarded to an end-use or recycling market.  In addition, the

 50-9    commission may consider the historical average number of tires for

50-10    which the processor has been reimbursed and such other factors as

50-11    may be determined by the commission.

50-12          SECTION 49.  Section 361.4771(e), Health and Safety Code, is

50-13    amended to read as follows:

50-14          (e)  The commission shall adopt rules to manage payments from

50-15    the account [fund] to prevent depletion of the account [fund].

50-16    Before using any allocation method authorized by this subchapter

50-17    and before making other payments from the account [fund], the

50-18    commission shall pay reimbursements to processors under Section

50-19    361.477 who have established end-use markets and pay reimbursements

50-20    under this section and Sections 361.4772 and 361.4773.

50-21          SECTION 50.  Section 361.4774, Health and Safety Code, is

50-22    amended to read as follows:

50-23          Sec. 361.4774.  LIMITED USE OF WASTE TIRE RECYCLING ACCOUNT

50-24    [FUND]; GRANTS, REIMBURSEMENT, AND ADMINISTRATIVE EXPENSES.  (a)

50-25    For performing duties related to the waste tire program, each

50-26    fiscal year the comptroller may expend up to $680,000 or an amount

50-27    equal to two percent of the waste tire recycling account [recovery

 51-1    fund], whichever is greater.

 51-2          (b)  For administering the waste tire recycling program, each

 51-3    fiscal year the commission may expend not more than the lesser of

 51-4    $2.05 million or an amount equal to six percent of the amount

 51-5    appropriated from the waste tire recycling account [fund] for the

 51-6    administration and operation of the waste tire recycling program.

 51-7          (c)  Each fiscal year, the commission may expend not more

 51-8    than:

 51-9                (1)  $1.4 million for paying accrued carryover credits

51-10    as provided by Section 361.499;

51-11                (2)  $15.2 million for tire shredding under Section

51-12    361.477;

51-13                (3)  $3.52 million for the cleanup and closure of

51-14    priority enforcement list tire sites as provided by Sections

51-15    361.476 and 361.477;

51-16                (4)  $2 million for providing recycling facility

51-17    construction grants under Section 361.4772;

51-18                (5)  $600,000 for payments to energy recovery

51-19    facilities under Section 361.4773 at a rate of 40 cents per weighed

51-20    tire unit; and

51-21                (6)  $6 million to provide grants for retrofitting

51-22    facilities to use whole or shredded tires for fuel or for paying

51-23    for facilities to use whole tires for fuel as provided by

51-24    Subsections (d) and (e).

51-25          (d)  For fiscal year 1996, the commission may expend not more

51-26    than $4 million for:

51-27                (1)  providing grants to waste tire energy recovery

 52-1    facilities that are not using tire-derived fuel and apply for

 52-2    assistance to cover retrofitting costs the commission determines

 52-3    are necessary to enable the facilities to use whole tires as fuel;

 52-4    and

 52-5                (2)  paying a facility eligible for a grant under

 52-6    Subdivision (1), but for which the commission has not made a grant,

 52-7    an amount of up to 80 cents per weighed tire unit.

 52-8          (e)  A person receiving payments for weighed tires under

 52-9    Subsection (d)(2) may not receive reimbursements that exceed the

52-10    total of:

52-11                (1)  the amount of the retrofitting costs the facility

52-12    would have received if the person had applied for a grant under

52-13    Subsection (d)(1); and

52-14                (2)  the cost, as determined by the commission, of

52-15    transporting to the facility the number of whole tires used for

52-16    fuel until the payments under Subsection (d)(2) equal the amount of

52-17    the retrofitting costs the facility would have received.

52-18          (f)  For fiscal year 1996, the commission may expend not more

52-19    than $2 million to provide grants to waste tire energy recovery

52-20    facilities that are not using tire-derived fuel and apply for

52-21    assistance to cover retrofitting costs the commission determines

52-22    are necessary to enable the facilities to use shredded tires as

52-23    fuel.

52-24          (g)  For the period beginning September 1, 1996, and ending

52-25    December 31, 1997, the commission may expend not more than $6

52-26    million for payments to waste tire energy recovery facilities that

52-27    burn whole tires at a rate of 80 cents per weighed tire unit used.

 53-1          (h)  After the third quarter of each year of the fiscal

 53-2    biennium, funds that remain unused for the purposes specified in

 53-3    Subsections (a)-(g) may be transferred for use for a purpose

 53-4    specified in Subsections (c)-(g) at the discretion of the

 53-5    commission to promote recycling and energy recovery.

 53-6          SECTION 51.  Section 361.478(a), Health and Safety Code, is

 53-7    amended to read as follows:

 53-8          (a)  Beginning January 1, 1996, and every two years after

 53-9    that date, the commission shall evaluate according to standards

53-10    adopted by commission rule the recycling and energy recovery

53-11    activities of each waste tire processor that received payment from

53-12    the waste tire recycling account [fund].

53-13          SECTION 52.  Section 361.479(e), Health and Safety Code, is

53-14    amended to read as follows:

53-15          (e)  Evidence of financial responsibility may be in the form

53-16    of:

53-17                (1)  a performance bond or a letter of credit

53-18    acceptable to the commission that is from a financial institution,

53-19    a trust fund, or insurance for a privately owned facility; or

53-20                (2)  a self-insurance test designed by the commission

53-21    for a publicly owned facility.  A person who makes an initial

53-22    request for reimbursement from the waste tire recycling account

53-23    [fund] on or after September 1, 1993, must provide evidence of

53-24    financial responsibility for the full amount determined under

53-25    Subsection (d).

53-26          SECTION 53.  Section 361.483(c), Health and Safety Code, is

53-27    amended to read as follows:

 54-1          (c)  A penalty collected under this section shall be

 54-2    deposited to the credit of the waste tire recycling account [fund].

 54-3          SECTION 54.  Sections 361.489(a) and (e), Health and Safety

 54-4    Code, are amended to read as follows:

 54-5          (a)  The commission may, with the funds available to the

 54-6    commission from the waste tire recycling account [fund], undertake

 54-7    immediate remediation of a site if, after investigation, the

 54-8    commission finds:

 54-9                (1)  that there exists a situation caused by the

54-10    illegal dumping of scrap tires that is causing or may cause

54-11    imminent and substantial endangerment to the public health and

54-12    safety or the environment; and

54-13                (2)  the immediacy of the situation makes it

54-14    prejudicial to the public interest to delay action until an

54-15    administrative order can be issued to potentially responsible

54-16    parties or until a judgment can be entered in an appeal of an

54-17    administrative order.

54-18          (e)  Money collected in a suit to recover costs shall be

54-19    deposited to the credit of the waste tire recycling account [fund].

54-20          SECTION 55.  Section 361.498, Health and Safety Code, is

54-21    amended to read as follows:

54-22          Sec. 361.498.  COMMUNITY SERVICE.  Persons seeking

54-23    reimbursement from the waste tire recycling account [fund] shall

54-24    perform community service on an annual basis.  Community service

54-25    includes cooperation with local civic groups to clean up abandoned

54-26    tire sites that are not classified as priority enforcement list

54-27    sites.  The tires collected under this section are eligible for

 55-1    reimbursement.

 55-2          SECTION 56.  Section 361.499, Health and Safety Code, is

 55-3    amended to read as follows:

 55-4          Sec. 361.499.  PRIORITY FOR CARRYOVER CREDIT PAYMENTS.

 55-5    Notwithstanding any other provision of this subchapter, any amounts

 55-6    paid from the waste tire recycling account [fund] shall be used

 55-7    first to compensate waste tire processors for carryover credits

 55-8    that accrued before September 1, 1995, for waste tires shredded in

 55-9    excess of allocations.  The carryover credits shall be paid as soon

55-10    as practicable up to the amount appropriated for that purpose.

55-11          SECTION 57.  Section 361.604(e), Health and Safety Code, is

55-12    amended to read as follows:

55-13          (e)  Fees collected under this section shall be deposited to

55-14    the credit of the waste management account [hazardous and solid

55-15    waste remediation fee fund].

55-16          SECTION 58.  Section 366.013, Health and Safety Code, is

55-17    amended by adding Subsection (c) to read as follows:

55-18          (c)  Fees collected under this section shall be deposited to

55-19    the credit of the commission occupational licensing account.

55-20          SECTION 59.  Section 366.014, Health and Safety Code, is

55-21    amended by adding Subsection (c) to read as follows:

55-22          (c)  Fees collected under this section shall be deposited to

55-23    the credit of the commission occupational licensing account.

55-24          SECTION 60.  Section 366.058, Health and Safety Code, is

55-25    amended by adding Subsection (c) to read as follows:

55-26          (c)  Fees collected under this section shall be deposited to

55-27    the credit of the water resource management account.

 56-1          SECTION 61.  Section 366.059, Health and Safety Code, is

 56-2    amended by adding Subsection (c) to read as follows:

 56-3          (c)  Fees collected under this section shall be deposited to

 56-4    the credit of the water resource management account.

 56-5          SECTION 62.  Section 366.074, Health and Safety Code, is

 56-6    amended to read as follows:

 56-7          Sec. 366.074.  REGISTRATION FEE.  The commission shall

 56-8    establish and collect a reasonable registration fee to cover the

 56-9    cost of issuing registrations under this chapter.  Fees collected

56-10    under this section shall be deposited to the credit of the

56-11    commission occupational licensing account.

56-12          SECTION 63.  Section 370.008(d), Health and Safety Code, is

56-13    amended to read as follows:

56-14          (d)  Fees collected under this section shall be deposited in

56-15    the state treasury to the credit of the [hazardous and solid] waste

56-16    management account [fee fund].

56-17          SECTION 64.  The heading to Subchapter D, Chapter 371, Health

56-18    and Safety Code, is amended to read as follows:

56-19          SUBCHAPTER D.  USED OIL RECYCLING ACCOUNT [FUND]; FEES

56-20          SECTION 65.  Section 371.0245(e), Health and Safety Code, is

56-21    amended to read as follows:

56-22          (e)  Reimbursements made under this section shall be paid out

56-23    of the used oil recycling account [fund] and may not exceed an

56-24    aggregate amount of $500,000 each fiscal year.

56-25          SECTION 66.  Section 371.0246(d), Health and Safety Code, is

56-26    amended to read as follows:

56-27          (d)  All claims for reimbursement filed under this section

 57-1    and Section 371.0245 are subject to funds available for

 57-2    disbursement in the used oil recycling account [fund] and to

 57-3    Section 371.0245(e).  This subchapter does not create an

 57-4    entitlement to money in the used oil recycling account [fund] or

 57-5    any other fund.

 57-6          SECTION 67.  Section 371.043(b), Health and Safety Code, is

 57-7    amended to read as follows:

 57-8          (b)  A civil penalty recovered in a suit brought by a local

 57-9    government under this section shall be divided equally between the

57-10    state and the local government that brought the suit.  The state

57-11    shall deposit its recovery to the credit of the used oil recycling

57-12    account [fund].

57-13          SECTION 68.  Section 371.061, Health and Safety Code, is

57-14    amended to read as follows:

57-15          Sec. 371.061.  USED OIL RECYCLING ACCOUNT [FUND].  (a)  The

57-16    used oil recycling account [fund] is in the state treasury.

57-17          (b)  The account [fund] consists of:

57-18                (1)  fees collected under Sections 371.024, 371.026,

57-19    and 371.062;

57-20                (2)  interest and penalties imposed under this chapter

57-21    for late payment of fees, failure to file a report, or other

57-22    violations of this chapter; and

57-23                (3)  gifts, grants, donations, or other financial

57-24    assistance the commission is authorized to receive under Section

57-25    371.027.

57-26          (c)  The [Except as provided by Subsection (d), the]

57-27    commission may use money in the account [fund] only for purposes

 58-1    authorized by this chapter, including:

 58-2                (1)  public education;

 58-3                (2)  grants to public and private do-it-yourselfer used

 58-4    oil collection centers and used oil collection centers;

 58-5                (3)  registration of do-it-yourselfer used oil

 58-6    collection centers, used oil collection centers, and used oil

 58-7    handlers other than generators; and

 58-8                (4)  administrative costs of implementing this chapter.

 58-9          (d) [(e)]  The account [fund] is exempt from the application

58-10    of Section [Sections 403.094(h) and] 403.095, Government Code.

58-11          (e)  For the purpose of consolidating appropriations, the

58-12    commission may transfer any amount authorized under Subsection

58-13    (c)(4) or by legislative appropriation to the waste management

58-14    account subject to the limitations and requirements of this

58-15    chapter.

58-16          SECTION 69.  Section 371.062(l), Health and Safety Code, is

58-17    amended to read as follows:

58-18          (l)  The comptroller may deduct a percentage of the fees

58-19    collected under this section in an amount sufficient to pay the

58-20    reasonable and necessary costs of administering and enforcing this

58-21    section.  The comptroller shall credit the amount deducted to the

58-22    general revenue fund.   The balance of fees and all penalties and

58-23    interest collected under this section shall be deposited to the

58-24    credit of the used oil recycling account [fund].

58-25          SECTION 70.  Section 371.063, Health and Safety Code, is

58-26    amended to read as follows:

58-27          Sec. 371.063.  ANNUAL REPORTING REQUIREMENT.  The commission

 59-1    shall monitor the balance of the used oil recycling account [fund]

 59-2    and shall provide a detailed report of all income, expenditures,

 59-3    and programs funded to the Texas Legislature on an annual basis.

 59-4          SECTION 71.  Section 372.002(d), Health and Safety Code, is

 59-5    amended to read as follows:

 59-6          (d)  The commission may assess against a manufacturer or an

 59-7    importer a reasonable fee for an inspection of a product to

 59-8    determine the accuracy of the manufacturer's or importer's

 59-9    certification in an amount determined by the commission to cover

59-10    the expenses incurred in the administration of this chapter.  A fee

59-11    received by the commission under this subsection shall be deposited

59-12    in the state treasury to the credit of the water resource

59-13    management account [commission] and may be used only for the

59-14    administration of  this chapter.

59-15          SECTION 72.  Subchapter B, Chapter 382, Health and Safety

59-16    Code, is amended  by adding Section 382.0335 to read as follows:

59-17          Sec. 382.0335.  AIR CONTROL ACCOUNT.  (a)  The commission may

59-18    apply for, solicit, contract for, receive, or accept money from any

59-19    source to carry out its duties under this chapter.

59-20          (b)  Money received by the commission under this section

59-21    shall be deposited to the credit of the air control account, an

59-22    account in the general revenue fund.  The commission may use money

59-23    in the account for any necessary expenses incurred in carrying out

59-24    commission duties under this chapter.

59-25          SECTION 73.  Section 382.037(k), Health and Safety Code, is

59-26    amended to read as follows:

59-27          (k)  The commission by rule may establish classes of vehicles

 60-1    that are exempt from vehicle emissions inspections and by rule may

 60-2    establish procedures to allow and review petitions for the

 60-3    exemption of individual vehicles, according to criteria established

 60-4    by commission rule.  Rules adopted by the commission under this

 60-5    subsection must be consistent with federal law.  The commission by

 60-6    rule may establish fees to recover the costs of administering this

 60-7    subsection.  Fees collected under this subsection shall be

 60-8    deposited to the credit of [remitted to the comptroller for deposit

 60-9    in] the clean air account, an account in the general revenue fund,

60-10    and may be used only for the purposes of this section.

60-11          SECTION 74.  Section 382.0622(b), Health and Safety Code, is

60-12    amended to read as follows:

60-13          (b)  Clean Air Act fees shall be deposited in the state

60-14    treasury to the credit of the clean air account [fund] and shall be

60-15    used to safeguard the air resources of the state.

60-16          SECTION 75.  Section 401.412(f), Health and Safety Code, is

60-17    amended to read as follows:

60-18          (f)  The commission shall establish by rule the amounts

60-19    appropriate for the fees collected under this section.  The fees

60-20    collected under this section shall be deposited in the waste

60-21    management account [radioactive substance fee fund] and

60-22    reappropriated for use by the commission for expenses incurred by

60-23    the commission in administering the provisions of this chapter.

60-24          SECTION 76.  Effective September 1, 1997:

60-25                (1)  the Texas Water Development Board administrative

60-26    fund 041, authorized under Section 17.075, Water Code, is renamed

60-27    as the Texas Natural Resource Conservation Commission

 61-1    administrative account and reestablished under Section 5.238, Water

 61-2    Code, as added by this Act;

 61-3                (2)  the Texas irrigators fund 468, authorized under

 61-4    Section 34.005, Water Code, is renamed as the commission

 61-5    occupational licensing account;

 61-6                (3)  the water rights administration fund 158,

 61-7    authorized under Section 12.113, Water Code, is renamed as the

 61-8    watermaster administration account;

 61-9                (4)  the water quality fund 153 is renamed as the water

61-10    resource management account;

61-11                (5)  the hazardous and solid waste fees fund 549 is

61-12    renamed as the waste management account;

61-13                (6)  the water well drillers fund 079 is abolished, and

61-14    any unexpended balance in that fund is transferred to the

61-15    commission occupational licensing account;

61-16                (7)  the water utility fund 172 is abolished and any

61-17    unexpended balance in that fund is transferred to the water

61-18    resource management account;

61-19                (8)  the radioactive substance fee fund 340 is

61-20    abolished and any unexpended balance in that fund is transferred to

61-21    the waste management account; and

61-22                (9)  the storage tank fund 583 is abolished and any

61-23    unexpended balance in that fund is transferred to the waste

61-24    management account.

61-25          SECTION 77.  The changes in law made by  this Act do not

61-26    authorize revenues that have been set aside by law for a particular

61-27    purpose to be used for a purpose that was not authorized by law

 62-1    before the effective date of this Act.  Except as otherwise

 62-2    provided by another Act of the 75th Legislature, Regular Session,

 62-3    1997, revenue dedicated to a particular purpose under the law in

 62-4    effect on August 31, 1997, continues to be dedicated to that

 62-5    purpose regardless of any provision of this Act consolidating,

 62-6    renaming, or abolishing a particular fund or account.

 62-7          SECTION 78.  An appropriation made by the 75th Legislature,

 62-8    Regular Session, to or from a fund abolished or consolidated by

 62-9    this Act is, unless otherwise expressly provided, an appropriation

62-10    to or from, as appropriate, the account or fund provided by this

62-11    Act as the replacement fund for the sources of revenue formerly

62-12    credited to the abolished or consolidated fund.

62-13          SECTION 79.  This Act takes effect September 1, 1997.

62-14          SECTION 80.  The importance of this legislation and the

62-15    crowded condition of the calendars in both houses create an

62-16    emergency and an imperative public necessity that the

62-17    constitutional rule requiring bills to be read on three several

62-18    days in each house be suspended, and this rule is hereby suspended.