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.