By Swinford H.B. No. 3231
75R3434 MI-F
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 the water resource management
10-5 account and may be used only to implement and enforce this section
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) "Fund" means the Texas spill response account
10-10 [Spill Response Fund].
10-11 SECTION 13. Section 26.265, Water Code, is amended to read
10-12 as follows:
10-13 Sec. 26.265. TEXAS SPILL RESPONSE ACCOUNT [FUND]. (a) The
10-14 [There is hereby created the] Texas spill response account is an
10-15 account in the general revenue fund [Spill Response Fund]. This
10-16 account [fund] shall not exceed $5 million, exclusive of fines and
10-17 penalties received under this subchapter.
10-18 (b) The account [fund] shall consist of money appropriated
10-19 to it by the legislature and any fines, civil penalties, or other
10-20 reimbursement to the account [fund] provided for under this
10-21 subchapter.
10-22 (c) The commission may expend money in the account [fund]
10-23 only for the purposes of:
10-24 (1) response to and investigation of spills and
10-25 discharges;
10-26 (2) obtaining personnel, equipment, and supplies
10-27 required in the cleanup of discharges and spills; and
11-1 (3) the assessment of damages to and the restoration
11-2 of land and aquatic resources held in trust or owned by the state.
11-3 (d) In addition to any cause of action under Chapter 40,
11-4 Natural Resources Code, the state has a cause of action against any
11-5 responsible person for recovery of:
11-6 (1) expenditures out of the account [fund]; and
11-7 (2) costs that would have been incurred or paid by the
11-8 responsible person if the responsible person had fully carried out
11-9 the duties under Section 26.266 of this code, including:
11-10 (A) reasonable costs of reasonable and necessary
11-11 scientific studies to determine impacts of the spill on the
11-12 environment and natural resources and to determine the manner in
11-13 which to respond to spill impacts;
11-14 (B) costs of attorney services;
11-15 (C) out-of-pocket costs associated with state
11-16 agency action;
11-17 (D) reasonable costs incurred by the state in
11-18 cleanup operations, including costs of personnel, equipment, and
11-19 supplies and restoration of land and aquatic resources held in
11-20 trust or owned by the state; and
11-21 (E) costs of remediating injuries proximately
11-22 caused by reasonable cleanup activities.
11-23 (e) The state's right to recover under Subsection (d) of
11-24 this section arises whether or not expenditures have actually been
11-25 made out of the account [fund].
11-26 (f) It is the intent of the legislature that the state
11-27 attempt to recover the costs of cleanup according to the following
12-1 priority:
12-2 (1) a responsible person; and
12-3 (2) the federal government to the extent that recovery
12-4 from a responsible person is insufficient to pay the costs of
12-5 cleanup.
12-6 (g) In a suit brought under Subsection (d) of this section,
12-7 any responsible person who, after reasonable notice has been given
12-8 by the executive director, has failed, after a reasonable period,
12-9 to carry out his duties under Section 26.266 of this code is liable
12-10 to the state for twice the costs incurred by the state under this
12-11 subchapter in cleaning up the spill or discharge. Reasonable
12-12 notice under this subsection must include a statement as to the
12-13 basis for finding the person to whom notice is sent to be a
12-14 responsible person. Any responsible person held liable under this
12-15 subsection or Subsection (d) of this section has the right to
12-16 recover indemnity or contribution from any third party who caused,
12-17 suffered, allowed, or permitted the spill or discharge. Liability
12-18 arising under this subsection or Subsection (d) of this section
12-19 does not affect any rights the responsible person has against a
12-20 third party whose acts caused or contributed to the spill or
12-21 discharge.
12-22 SECTION 14. Sections 26.346(c) and (e), Water Code, are
12-23 amended to read as follows:
12-24 (c) The commission shall issue to each person who owns or
12-25 operates a petroleum storage tank that is registered under this
12-26 section a registration certificate that includes a brief
12-27 description of:
13-1 (1) the responsibility of the owner or operator under
13-2 Section 26.3512 of this code; and
13-3 (2) the rights of the owner or operator to participate
13-4 in the petroleum storage tank remediation account [fund] and
13-5 groundwater protection cleanup program established under this
13-6 subchapter.
13-7 (e) The owner or operator of an underground or aboveground
13-8 storage tank installed before December 1, 1995, that is required to
13-9 be registered under this section and that has not been registered
13-10 on or before December 31, 1995, is not eligible to receive
13-11 reimbursement for that tank from the petroleum storage tank
13-12 remediation account [fund] except for:
13-13 (1) an owner of a registered facility who discovers an
13-14 unregistered tank while removing, upgrading, or replacing a tank or
13-15 while performing a site assessment;
13-16 (2) a state or local governmental agency that
13-17 purchases a right-of-way and discovers during construction an
13-18 unregistered tank in the right-of-way; or
13-19 (3) a property owner who reasonably could not have
13-20 known that a tank was located on the property because a title
13-21 search or the previous use of the property does not indicate a tank
13-22 on the property.
13-23 SECTION 15. Section 26.351(d), Water Code, is amended to
13-24 read as follows:
13-25 (d) The commission may retain agents to take corrective
13-26 action it considers necessary under this section. The agents shall
13-27 operate under the direction of the executive director. Any
14-1 expenses arising from corrective action taken by the commission or
14-2 the executive director may be paid from the waste management
14-3 account [storage tank fund].
14-4 SECTION 16. Section 26.3511(a), Water Code, is amended to
14-5 read as follows:
14-6 (a) Notwithstanding Section 26.351(c) of this code, to the
14-7 extent that the commission pays from the petroleum storage tank
14-8 remediation account [fund] or from sources other than the waste
14-9 management account [storage tank fund] the expenses of the
14-10 investigations, cleanups, and corrective action measures it
14-11 performs, the commission may undertake those corrective action
14-12 measures described in Section 26.351 of this code in response to a
14-13 release or a threatened release from an underground or aboveground
14-14 storage tank under any circumstances in which the commission
14-15 considers it necessary to protect the public health and safety or
14-16 the environment.
14-17 SECTION 17. Section 26.3512, Water Code, is amended to read
14-18 as follows:
14-19 Sec. 26.3512. OWNER OR OPERATOR RESPONSIBILITY; LIMITATIONS
14-20 ON ACCOUNT [FUND] PAYMENTS FOR CORRECTIVE ACTION. (a) The
14-21 provisions of this subchapter relating to the groundwater
14-22 protection cleanup program and to the petroleum storage tank
14-23 remediation account [fund] do not limit the responsibility or
14-24 liability of an owner or operator of a petroleum storage tank
14-25 required to take corrective action under an order issued in
14-26 accordance with this subchapter by the commission.
14-27 (b) Funds from the petroleum storage tank remediation
15-1 account [fund] may not be used to pay, and the owner or operator of
15-2 a petroleum storage tank ordered by the commission to take
15-3 corrective action is responsible for payment of, the following:
15-4 (1) the owner or operator contribution described by
15-5 Subsections (e)-(k);
15-6 (2) any expenses for corrective action that exceed the
15-7 applicable amount specified by Section 26.3573(m) [26.3573(l)];
15-8 (3) any expenses for corrective action that are not
15-9 covered by payment from the petroleum storage tank remediation
15-10 account [fund] under the rules or decisions of the commission under
15-11 this subchapter;
15-12 (4) any expenses for corrective action not ordered or
15-13 agreed to by the commission; or
15-14 (5) any expenses for corrective action incurred for
15-15 confirmed releases initially discovered and reported to the
15-16 commission after December 22, 1998.
15-17 (c) The owner or operator contribution under Subsection
15-18 (b)(1) of this section may include the costs of site assessment.
15-19 (d) Subsection (b)(1) of this section does not prohibit
15-20 payment from the petroleum storage tank remediation account [fund]
15-21 of expenses incurred by an eligible owner or operator as a result
15-22 of an order issued by the commission under Section 26.356 of this
15-23 code if the commission finds that the eligible owner or operator is
15-24 not responsible for the release from a petroleum storage tank. An
15-25 eligible owner or operator covered by this subsection is eligible
15-26 for reimbursement from the petroleum storage tank remediation
15-27 account [fund] for the expenses incurred relating to corrective
16-1 action that result from the order issued by the commission under
16-2 Section 26.356 of this code.
16-3 (e) If an owner or operator submits a site assessment in
16-4 accordance with commission rules before December 23, 1996, the
16-5 owner or operator shall pay under Subsection (b)(1) the first
16-6 expenses for corrective action taken for each occurrence as
16-7 follows:
16-8 (1) a person who owns or operates 1,000 or more single
16-9 petroleum storage tanks, the first $10,000;
16-10 (2) a person who owns or operates not fewer than 100
16-11 or more than 999 single petroleum storage tanks, the first $5,000;
16-12 (3) a person who owns or operates not fewer than 13 or
16-13 more than 99 single petroleum storage tanks, the first $2,500; and
16-14 (4) a person who owns or operates fewer than 13 single
16-15 petroleum storage tanks, the first $1,000.
16-16 (f) If an owner or operator does not submit a site
16-17 assessment in accordance with commission rules before December 23,
16-18 1996, the owner or operator shall pay under Subsection (b)(1) the
16-19 first expenses for corrective action taken for each occurrence as
16-20 follows:
16-21 (1) a person who owns or operates 1,000 or more single
16-22 petroleum storage tanks, the first $20,000;
16-23 (2) a person who owns or operates not fewer than 100
16-24 or more than 999 single petroleum storage tanks, the first $10,000;
16-25 (3) a person who owns or operates not fewer than 13 or
16-26 more than 99 single petroleum storage tanks, the first $5,000; and
16-27 (4) a person who owns or operates fewer than 13 single
17-1 petroleum storage tanks, the first $2,000.
17-2 (g) If an owner or operator's corrective action plan is
17-3 approved by the commission under Section 26.3572 before December
17-4 23, 1997, the owner or operator shall pay under Subsection (b)(1)
17-5 the amount provided by Subsection (e) for the first expenses for
17-6 corrective action taken for each occurrence.
17-7 (h) If an owner or operator's corrective action plan is not
17-8 approved by the commission under Section 26.3572 before December
17-9 23, 1997, the owner or operator shall pay under Subsection (b)(1)
17-10 the first expenses for corrective action taken for each occurrence
17-11 as follows:
17-12 (1) a person who owns or operates 1,000 or more single
17-13 petroleum storage tanks, the first $40,000;
17-14 (2) a person who owns or operates not fewer than 100
17-15 or more than 999 single petroleum storage tanks, the first $20,000;
17-16 (3) a person who owns or operates not fewer than 13 or
17-17 more than 99 single petroleum storage tanks, the first $10,000; and
17-18 (4) a person who owns or operates fewer than 13 single
17-19 petroleum storage tanks, the first $4,000.
17-20 (i) If an owner or operator has a corrective action plan
17-21 approved by the commission under Section 26.3572 and before
17-22 December 23, 1998, has met the goals specified in the plan to be
17-23 met by that date, the owner or operator shall pay under Subsection
17-24 (b)(1) the amount specified by Subsection (e) for the first
17-25 expenses for corrective action taken for each occurrence.
17-26 (j) If an owner or operator does not have a corrective
17-27 action plan approved by the commission under Section 26.3572 or, on
18-1 December 23, 1998, has not met the goals specified in the plan to
18-2 be met by that date, the owner or operator shall pay under
18-3 Subsection (b)(1) the first expenses for corrective action taken
18-4 for each occurrence as follows:
18-5 (1) a person who owns or operates 1,000 or more single
18-6 petroleum storage tanks, the first $80,000;
18-7 (2) a person who owns or operates not fewer than 100
18-8 or more than 999 single petroleum storage tanks, the first $40,000;
18-9 (3) a person who owns or operates not fewer than 13 or
18-10 more than 99 single petroleum storage tanks, the first $20,000; and
18-11 (4) a person who owns or operates fewer than 13 single
18-12 petroleum storage tanks, the first $8,000.
18-13 (k) An owner or operator of a site for which a closure
18-14 letter has been issued under Section 26.3572 shall pay under
18-15 Subsection (b)(1) the first $50,000 of expenses for corrective
18-16 action for each occurrence.
18-17 SECTION 18. Sections 26.3513(i) and (k), Water Code, are
18-18 amended to read as follows:
18-19 (i) The commission may use the petroleum storage tank
18-20 remediation account [fund] to take corrective action at any time
18-21 before, during, or after the conclusion of apportionment
18-22 proceedings commenced under this section.
18-23 (k) Nothing in this section:
18-24 (1) prohibits the commission from using the waste
18-25 management account [storage tank fund] to take corrective action as
18-26 provided by this subchapter and having cost recovery for the waste
18-27 management account [storage tank fund]; or
19-1 (2) affects the assessment of administrative penalties
19-2 by the commission for violations of this subchapter or rules or
19-3 orders adopted thereunder.
19-4 SECTION 19. Sections 26.355(c), (d), (h), and (i), Water
19-5 Code, are amended to read as follows:
19-6 (c) The state's right to recover under this section arises
19-7 whether or not the commission:
19-8 (1) uses funds from the waste management account
19-9 [storage tank fund] or the petroleum storage tank remediation
19-10 account [fund]; or
19-11 (2) receives or will receive funds from the state, the
19-12 federal government, or any other source for the purpose of
19-13 corrective action or enforcement.
19-14 (d) If the commission uses money from the petroleum storage
19-15 tank remediation account [fund] for corrective action or
19-16 enforcement and if the costs are recovered under this section, the
19-17 commission may not recover more than the amount of the applicable
19-18 owner or operator contribution described by Section 26.3512(e) of
19-19 this code from an eligible owner or operator for corrective action
19-20 for each occurrence.
19-21 (h) Except as provided by Subsection (i) of this section,
19-22 money recovered in a court proceeding under this section shall be
19-23 deposited in the State Treasury to the credit of the waste
19-24 management account [storage tank fund].
19-25 (i) If the commission uses money from the petroleum storage
19-26 tank remediation account [fund] for corrective action or
19-27 enforcement as provided by this subchapter, money recovered in a
20-1 court proceeding under this section shall be deposited in the
20-2 state treasury to the credit of the petroleum storage tank
20-3 remediation account [fund].
20-4 SECTION 20. Section 26.3572(b), Water Code, is amended to
20-5 read as follows:
20-6 (b) In administering the program, the commission shall:
20-7 (1) negotiate with or direct responsible parties in
20-8 site assessment and remediation matters using risk-based corrective
20-9 action;
20-10 (2) approve site-specific corrective action plans for
20-11 each site as necessary, using risk-based corrective action;
20-12 (3) review and inspect site assessment and remedial
20-13 activities and reports;
20-14 (4) use risk-based corrective action procedures as
20-15 determined by commission rule to establish cleanup levels;
20-16 (5) adopt by rule criteria for assigning a priority to
20-17 each site using risk-based corrective action and assign a priority
20-18 to each site according to those criteria;
20-19 (6) adopt by rule criteria for:
20-20 (A) risk-based corrective action site closures;
20-21 and
20-22 (B) the issuance of a closure letter to the
20-23 owner or operator of a tank site on completion of the commission's
20-24 corrective action requirements; and
20-25 (7) process claims for petroleum storage tank
20-26 remediation account [fund] disbursement.
20-27 SECTION 21. Section 26.3573, Water Code, is amended to read
21-1 as follows:
21-2 Sec. 26.3573. PETROLEUM STORAGE TANK REMEDIATION ACCOUNT
21-3 [FUND]. (a) The petroleum storage tank remediation account [fund]
21-4 is an account in the general revenue fund [created in the state
21-5 treasury]. The commission shall administer the account [fund] in
21-6 accordance with this subchapter.
21-7 (b) The petroleum storage tank remediation account [fund]
21-8 consists of money from:
21-9 (1) fees charged under Section 26.3574 of this code;
21-10 (2) the interest and penalties for the late payment of
21-11 the fee charged under Section 26.3574 of this code;
21-12 (3) funds received from cost recovery for corrective
21-13 action and enforcement actions concerning petroleum storage tanks
21-14 as provided by this subchapter; and
21-15 (4) temporary cash transfers and other transfers from
21-16 the general revenue fund authorized by Section 403.092(c),
21-17 Government Code.
21-18 (c) Interest earned on amounts in the petroleum storage tank
21-19 remediation account [fund] shall be credited to the general revenue
21-20 fund.
21-21 (d) The commission may use the money in the petroleum
21-22 storage tank remediation account [fund] to pay:
21-23 (1) necessary expenses associated with the
21-24 administration of the petroleum storage tank remediation account
21-25 [fund] and the groundwater protection cleanup program, not to
21-26 exceed an amount equal to five percent of the gross receipts of
21-27 that account [fund], provided that the increment between two and
22-1 five percent of the gross receipts may be used only to pay
22-2 administrative expenses associated with regulating petroleum
22-3 storage tanks, reimbursing eligible owners and operators, disposing
22-4 of contaminated soils, and conducting claims audits in accordance
22-5 with Section 26.35735 of this code;
22-6 (2) expenses associated with investigation, cleanup,
22-7 or corrective action measures performed in response to a release or
22-8 threatened release from a petroleum storage tank, whether those
22-9 expenses are incurred by the commission or pursuant to a contract
22-10 between a contractor and an eligible owner or operator as
22-11 authorized by this subchapter; and
22-12 (3) subject to the conditions of Subsection (e) of
22-13 this section, expenses associated with investigation, cleanup, or
22-14 corrective action measures performed in response to a release or
22-15 threatened release of hydraulic fluid or spent oil from hydraulic
22-16 lift systems or tanks located at a vehicle service and fueling
22-17 facility and used as part of the operations of that facility.
22-18 (e) To consolidate appropriations, the commission may
22-19 transfer from the petroleum storage tank remediation account to the
22-20 waste management account an amount equal to the amounts authorized
22-21 under Subsection (d)(1), subject to the requirements of that
22-22 subsection.
22-23 (f) The commission may pay from the account [fund] expenses
22-24 under Subsection (d)(3) of this section, whether or not the
22-25 hydraulic fluid or spent oil contamination is mixed with petroleum
22-26 product contamination, but the commission may require an eligible
22-27 owner or operator to demonstrate that the release of spent oil is
23-1 not mixed with any substance except:
23-2 (1) hydraulic fluid from a hydraulic lift system;
23-3 (2) petroleum products from a petroleum storage tank
23-4 system; or
23-5 (3) another substance that was contained in the
23-6 hydraulic lift system or the spent oil tank owned or operated by
23-7 the person claiming reimbursement.
23-8 (g) [(f)] The commission, in accordance with this subchapter
23-9 and rules adopted under this subchapter, may:
23-10 (1) contract directly with a person to perform
23-11 corrective action and pay the contractor from the petroleum storage
23-12 tank remediation account [fund];
23-13 (2) reimburse an eligible owner or operator from the
23-14 petroleum storage tank remediation account [fund] for the expenses
23-15 of a corrective action that was:
23-16 (A) performed on or after September 1, 1987; and
23-17 (B) conducted in response to a confirmed release
23-18 that was initially discovered and reported to the commission on or
23-19 before December 22, 1998; or
23-20 (3) pay the claim of a person who has contracted with
23-21 an eligible owner or operator to perform corrective action with
23-22 funds from the petroleum storage tank remediation account [fund].
23-23 (h) [(g)] The commission shall administer the petroleum
23-24 storage tank remediation account [fund] and by rule adopt
23-25 guidelines and procedures for the use of and eligibility for that
23-26 account [fund], subject to the availability of money in that
23-27 account [fund], as the commission finds necessary to:
24-1 (1) make the most efficient use of the money
24-2 available, including:
24-3 (A) establishing priorities for payments from
24-4 the account [fund]; and
24-5 (B) suspending payments from the account [fund];
24-6 and
24-7 (2) provide the most effective protection to the
24-8 environment and provide for the public health and safety.
24-9 (i) [(h)] Consistent with the objectives provided under
24-10 Subsection (h) [(g)] of this section and this subchapter, the
24-11 commission may by rule adopt:
24-12 (1) guidelines the commission considers necessary for
24-13 determining the amounts that may be paid from the petroleum storage
24-14 tank remediation account [fund]; and
24-15 (2) guidelines concerning reimbursement for expenses
24-16 incurred by an eligible owner or operator and covered under Section
24-17 26.3512(d) of this code.
24-18 (j) [(i)] The commission by rule may implement a
24-19 registration program for persons who contract with an owner or
24-20 operator of an underground storage tank or an aboveground storage
24-21 tank, or with any other person, to perform corrective action under
24-22 this subchapter. The commission, on the request of an
24-23 appropriately licensed or registered professional engineer, shall
24-24 register the engineer in the program. An engineer registered in
24-25 the program may contract to perform corrective action under this
24-26 subchapter unless the State Board of Registration for Professional
24-27 Engineers determines the engineer is not qualified to perform a
25-1 corrective action. An engineer registered in the program is
25-2 subject only to the examination requirements, continuing education
25-3 requirements, fees, and disciplinary procedures adopted by the
25-4 State Board of Registration for Professional Engineers. The
25-5 commission may adopt minimum qualifications for a person, other
25-6 than an appropriately licensed or registered professional engineer,
25-7 with whom an eligible owner or operator may contract to participate
25-8 in a corrective action and for a person, other than an
25-9 appropriately licensed or registered professional engineer, who
25-10 performs or supervises the corrective action. The commission may
25-11 require the use of registered contractors and registered corrective
25-12 action supervisors by an eligible owner or operator as a
25-13 prerequisite to the payment of money from the petroleum storage
25-14 tank remediation account [fund] for corrective action under this
25-15 subchapter. Any qualified registered contractor may conduct the
25-16 characterization, study, appraisal, or investigation of a site. If
25-17 a site remediation involves the installation or construction of
25-18 on-site equipment, structures, or systems used in the extraction or
25-19 management of wastes, except for soil excavation and landfill
25-20 disposal or well sampling and monitoring, the owner or operator is
25-21 not eligible for reimbursement from the petroleum storage tank
25-22 remediation account [fund] unless the plans and specifications for
25-23 the equipment, structures, or systems are sealed by an
25-24 appropriately licensed or registered professional engineer and the
25-25 equipment, structures, or systems are constructed under the
25-26 supervision of an appropriately licensed or registered professional
25-27 engineer. The commission by rule may establish a fee schedule and
26-1 charge fees necessary to defray the costs of administering the
26-2 registration program, including fees for processing applications,
26-3 printing certificates, conducting examinations, and similar
26-4 activities. Fees collected under this subsection shall be
26-5 deposited in the state treasury to the credit of the commission
26-6 occupational licensing account [storage tank fund]. A person who
26-7 violates a rule or order adopted by the commission under this
26-8 subsection is subject to the appropriate sanctions and penalties
26-9 imposed under this chapter.
26-10 (k) [(j)] The commission shall hear any complaint regarding
26-11 the payment of a claim from the petroleum storage tank remediation
26-12 account [fund] arising from a contract between a contractor and an
26-13 eligible owner or operator. A hearing held under this subsection
26-14 shall be conducted in accordance with the procedures for a
26-15 contested case under Chapter 2001, Government Code. An appeal of a
26-16 commission decision under this subsection shall be to the district
26-17 court of Travis County and the substantial evidence rule applies.
26-18 (l) [(k)] The commission shall satisfy a claim for payment
26-19 that is eligible to be paid under this subchapter and the rules
26-20 adopted under this subchapter made by a contractor, from the
26-21 petroleum storage tank remediation account [fund] as provided by
26-22 this section and rules adopted by the commission under this
26-23 section, regardless of whether the commission:
26-24 (1) contracts directly for the goods or services; or
26-25 (2) pays a claim under a contract executed by a
26-26 petroleum storage tank owner or operator.
26-27 (m) [(l)] The commission may use any amount up to $1 million
27-1 from the petroleum storage tank remediation account [fund] to pay
27-2 expenses associated with the corrective action for each occurrence
27-3 taken in response to a release from a petroleum storage tank.
27-4 (n) [(m)] The petroleum storage tank remediation account
27-5 [fund] may not be used for corrective action taken in response to a
27-6 release from an underground storage tank if the sole or principal
27-7 substance in the tank is a hazardous substance.
27-8 (o) [(n)] The petroleum storage tank remediation account
27-9 [fund] may be used to pay for corrective action in response to a
27-10 release whether the action is taken inside or outside of the
27-11 boundaries of the property on which the leaking petroleum storage
27-12 tank is located.
27-13 (p) [(o)] The petroleum storage tank remediation account
27-14 [fund] may not be used to compensate third parties for bodily
27-15 injury or property damage.
27-16 (q) [(p)] Notwithstanding any other law to the contrary, an
27-17 owner or operator, or an agent of an owner or operator, is not
27-18 entitled to and may not be paid interest on any claim for payment
27-19 from the petroleum storage tank remediation account [fund].
27-20 SECTION 22. Section 26.35731, Water Code, is amended to read
27-21 as follows:
27-22 Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS
27-23 FOR REIMBURSEMENT. (a) Except as provided by Subsection (b), the
27-24 commission shall consider and process a claim by an eligible owner
27-25 or operator for reimbursement from the petroleum storage tank
27-26 remediation account [fund] in the order in which it is received.
27-27 The commission shall consider and process all claims by eligible
28-1 owners and operators for reimbursement from the account [fund] that
28-2 were received before September 1, 1995, before the commission
28-3 considers a claim received after that date.
28-4 (b) The commission may not consider, process, or pay a claim
28-5 for reimbursement from the petroleum storage tank remediation
28-6 account [fund] for corrective action work begun after September 1,
28-7 1993, and without prior commission approval until all claims for
28-8 reimbursement for corrective action work preapproved by the
28-9 commission have been considered, processed, and paid.
28-10 SECTION 23. Sections 26.35735(a) and (c), Water Code, are
28-11 amended to read as follows:
28-12 (a) The commission annually shall audit claims for payment
28-13 from the petroleum storage tank remediation account [fund].
28-14 (c) The commission may use generally recognized sampling
28-15 techniques to audit claims if the commission determines that the
28-16 use of those techniques would be cost-effective and would promote
28-17 greater efficiency in administering claims for payment from the
28-18 petroleum storage tank remediation account [fund].
28-19 SECTION 24. Sections 26.3574(w), (x), (y), and (z), Water
28-20 Code, are amended to read as follows:
28-21 (w) The comptroller shall deduct two percent of the amount
28-22 collected under this section as the state's charge for its services
28-23 and shall credit the amount deducted to the general revenue fund.
28-24 The balance of the fees, penalties, and interest collected by the
28-25 comptroller shall be deposited in the state treasury to the credit
28-26 of the petroleum storage tank remediation account [fund].
28-27 (x) After the deposits have been made to the credit of the
29-1 general revenue fund under [as required by] Section 403.092(c)(1),
29-2 Government Code, as added by Chapter 533, Acts of the 73rd
29-3 Legislature, 1993, the fee imposed under this section may not be
29-4 collected or required to be paid on or after the first day of the
29-5 second month following notification by the commission of the date
29-6 on which the unobligated balance in the petroleum storage tank
29-7 remediation account [fund] equals or exceeds $125 million. The
29-8 commission shall notify the comptroller in writing of the date on
29-9 which the unobligated balance equals or exceeds $125 million.
29-10 (y) If the unobligated balance in the petroleum storage tank
29-11 remediation account [fund] falls below $25 million, the fee shall
29-12 be reinstated, effective on the first day of the second month
29-13 following notification by the commission, in amounts determined as
29-14 follows:
29-15 (1) $12.50 for each delivery into a cargo tank having
29-16 a capacity of less than 2,500 gallons;
29-17 (2) $25 for each delivery into a cargo tank having a
29-18 capacity of 2,500 gallons or more but less than 5,000 gallons;
29-19 (3) $37.50 for each delivery into a cargo tank having
29-20 a capacity of 5,000 gallons or more but less than 8,000 gallons;
29-21 (4) $50 for each delivery into a cargo tank having a
29-22 capacity of 8,000 gallons or more but less than 10,000 gallons; and
29-23 (5) a $25 fee for each increment of 5,000 gallons or
29-24 any part thereof delivered into a cargo tank having a capacity of
29-25 10,000 gallons or more.
29-26 (z) For purposes of Subsections (x) and (y) of this section,
29-27 the unobligated balance in the petroleum storage tank remediation
30-1 account [fund] shall be determined by subtracting from the cash
30-2 balance of the account [fund] at the end of each month the sum of
30-3 the total balances remaining on all contracts entered by the
30-4 commission or an eligible owner for corrective action plus the
30-5 total estimates made by the commission of allowable costs for
30-6 corrective action that are unpaid relating to all commission orders
30-7 issued before that date to enforce this subchapter.
30-8 SECTION 25. Section 26.358, Water Code, is amended to read
30-9 as follows:
30-10 Sec. 26.358. COLLECTION, USE, AND DISPOSITION OF STORAGE
30-11 TANK [FUND;] FEES AND OTHER REVENUES. (a) Revenues collected by
30-12 the commission under this section shall be deposited to the credit
30-13 of the waste management account [The storage tank fund is created
30-14 in the State Treasury].
30-15 (b) Under this subchapter, [The storage tank fund consists
30-16 of money collected by] the commission may collect [from]:
30-17 (1) fees imposed on facilities with underground or
30-18 aboveground storage tanks used for the storage of regulated
30-19 substances;
30-20 (2) the interest and penalties imposed under this
30-21 section for the late payment of those fees;
30-22 (3) funds received from cost recovery for corrective
30-23 and enforcement actions taken under this subchapter, except as
30-24 provided by Subsection (c) of this section;
30-25 (4) funds received from insurers, guarantors, or other
30-26 sources of financial responsibility; and
30-27 (5) funds from the federal government and other
31-1 sources for use in connection with the storage tank program.
31-2 (c) If the commission uses money from the petroleum storage
31-3 tank remediation account [fund] for corrective action or
31-4 enforcement as provided by this subchapter, money recovered in a
31-5 court proceeding under Section 26.355 of this code shall be
31-6 deposited in the state treasury to the credit of the petroleum
31-7 storage tank remediation account [fund].
31-8 (d) The commission shall impose an annual facility fee on a
31-9 facility that operates one or more underground or aboveground
31-10 storage tanks. The commission may also impose reasonable interest
31-11 and penalties for late payment of the fee as provided by commission
31-12 rule. The commission may establish a fee schedule that will
31-13 generate an amount of money sufficient to fund the commission's
31-14 budget for the regulatory program regarding underground and
31-15 aboveground storage tanks authorized by this subchapter.
31-16 (e) Under this subchapter, the [The] commission may use
31-17 money in the waste management account [storage tank fund] to:
31-18 (1) pay the costs of taking corrective action;
31-19 (2) provide matching funds for grants and to fund
31-20 contracts executed under this subchapter; and
31-21 (3) pay for administrative expenses, rules
31-22 development, enforcement, monitoring, and inspection costs, and
31-23 other costs incurred in the course of carrying out the purposes and
31-24 duties of this subchapter.
31-25 (f) The maximum annual fee that the commission may impose on
31-26 a facility is $25 for each aboveground storage tank and $50 for
31-27 each underground storage tank operated at the facility.
32-1 (g) The commission shall collect the fees imposed under this
32-2 section on dates set by commission rule. The period between
32-3 collection dates may not exceed two years. [The commission shall
32-4 deposit all fees collected and all interest and penalties for late
32-5 payment in the State Treasury to the credit of the storage tank
32-6 fund.]
32-7 (h) The commission shall adopt rules necessary to administer
32-8 this section.
32-9 SECTION 26. Section 26.361, Water Code, is amended to read
32-10 as follows:
32-11 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
32-12 Notwithstanding any other provision of this subchapter, the
32-13 reimbursement program established under this subchapter expires
32-14 September 1, 2001. On or after September 1, 2001, the commission
32-15 may not:
32-16 (1) use money from the petroleum storage tank
32-17 remediation account [fund] to reimburse an eligible owner or
32-18 operator for any expenses of corrective action or to pay the claim
32-19 of a person who has contracted with an eligible owner or operator
32-20 to perform corrective action; or
32-21 (2) collect a fee under Section 26.3574 of this code.
32-22 SECTION 27. Section 26.458(a), Water Code, is amended to
32-23 read as follows:
32-24 (a) The commission shall charge necessary fees to defray the
32-25 costs of administering this subchapter, which shall be deposited in
32-26 the state treasury to the credit of the commission occupational
32-27 licensing [storage tank] account and shall be used by the
33-1 commission in administering this subchapter. The fees may not
33-2 exceed the following amounts:
33-3 (1) examination fee ..................................... $ 50;
33-4 (2) initial license application ......................... $200;
33-5 (3) annual license renewal fee .......................... $175;
33-6 (4) late renewal fee .................................... $ 25;
33-7 (5) duplicate license fee ............................... $ 10;
33-8 (6) certification of registration application fee ....... $ 50;
33-9 (7) certification of registration issuance fee .......... $100;
33-10 (8) certification of registration annual renewal fee .... $ 75;
33-11 (9) duplicate certification of registration or license .. $ 10;
33-12 (10) application to change certificate of registration ... $ 70.
33-13 SECTION 28. Section 32.014(b), Water Code, is amended to
33-14 read as follows:
33-15 (b) All money collected by the commission under this chapter
33-16 shall be deposited to the credit of the commission occupational
33-17 licensing account [water well drillers fund] and may be used only
33-18 to administer this chapter. The commission shall allocate not more
33-19 than 20 percent of the money collected under this chapter [water
33-20 well drillers fund] to cover administrative costs of the
33-21 commission.
33-22 SECTION 29. Section 33.012(b), Water Code, is amended to
33-23 read as follows:
33-24 (b) All money collected by the commission under this chapter
33-25 shall be deposited to the credit of the commission occupational
33-26 licensing account [water well drillers fund].
33-27 SECTION 30. Section 34.005, Water Code, is amended to read
34-1 as follows:
34-2 Sec. 34.005. COMMISSION FINANCES. (a) Money paid to the
34-3 commission under this chapter shall be deposited to the credit of
34-4 an account in the general revenue fund [in the state treasury in a
34-5 special fund] known as the commission occupational licensing
34-6 account [Texas irrigators fund].
34-7 (b) Revenues collected under this chapter [The Texas
34-8 irrigators fund] shall be used to pay only expenses approved by the
34-9 commission that are incurred in the administration and enforcement
34-10 of this chapter.
34-11 SECTION 31. Section 341.034, Health and Safety Code, is
34-12 amended by adding Subsection (c) to read as follows:
34-13 (c) Fees collected by the commission under this section
34-14 shall be deposited to the credit of the commission occupational
34-15 licensing account.
34-16 SECTION 32. Section 341.041, Health and Safety Code, is
34-17 amended by adding Subsection (c) to read as follows:
34-18 (c) Revenues collected by the commission under this
34-19 subchapter shall be deposited to the credit of the water resource
34-20 management account.
34-21 SECTION 33. Section 361.014, Health and Safety Code, is
34-22 amended by amending Subsections (a) and (c) and adding Subsection
34-23 (d) to read as follows:
34-24 (a) Revenue received by the commission under Section 361.013
34-25 shall be deposited in the state treasury to the credit of the
34-26 commission. Half of the revenue is dedicated to the commission's
34-27 municipal solid waste permitting and enforcement programs and
35-1 related support activities and to pay for activities that will
35-2 enhance the state's solid waste management program, including:
35-3 (1) provision of funds for the municipal solid waste
35-4 management planning fund and the municipal solid waste resource
35-5 recovery applied research and technical assistance fund established
35-6 by the Comprehensive Municipal Solid Waste Management, Resource
35-7 Recovery, and Conservation Act (Chapter 363);
35-8 (2) conduct of demonstration projects and studies to
35-9 help local governments of various populations and the private
35-10 sector to convert to accounting systems and set rates that reflect
35-11 the full costs of providing waste management services and are
35-12 proportionate to the amount of waste generated;
35-13 (3) provision of technical assistance to local
35-14 governments concerning solid waste management;
35-15 (4) establishment of a solid waste resource center in
35-16 the commission and an office of waste minimization and recycling;
35-17 (5) provision of supplemental funding to local
35-18 governments for the enforcement of this chapter, the Texas Litter
35-19 Abatement Act (Chapter 365), and Chapters 391 and 683,
35-20 Transportation Code [Chapter 741, Acts of the 67th Legislature,
35-21 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
35-22 Statutes)];
35-23 (6) conduct of a statewide public awareness program
35-24 concerning solid waste management;
35-25 (7) provision of supplemental funds for other state
35-26 agencies with responsibilities concerning solid waste management,
35-27 recycling, and other initiatives with the purpose of diverting
36-1 recyclable waste from landfills;
36-2 (8) conduct of research to promote the development and
36-3 stimulation of markets for recycled waste products;
36-4 (9) creation of a state municipal solid waste
36-5 superfund for:
36-6 (A) the cleanup of unauthorized tire dumps and
36-7 solid waste dumps for which a responsible party cannot be located
36-8 or is not immediately financially able to provide the cleanup; and
36-9 (B) the cleanup or proper closure of abandoned
36-10 or contaminated municipal solid waste sites for which a responsible
36-11 party is not immediately financially able to provide the cleanup;
36-12 (10) provision of funds to mitigate the economic and
36-13 environmental impacts of lead-acid battery recycling activities on
36-14 local governments; and
36-15 (11) provision of funds for the conduct of research by
36-16 a public or private entity to assist the state in developing new
36-17 technologies and methods to reduce the amount of municipal waste
36-18 disposed of in landfills.
36-19 (c) Revenue derived from fees charged under Section
36-20 361.013(c) to a transporter of whole used or scrap tires or
36-21 shredded tire pieces shall be deposited to the credit of the waste
36-22 tire recycling account [fund].
36-23 (d) Revenues allocated to the commission for the purposes
36-24 authorized by Subsection (a) shall be deposited to the credit of
36-25 the waste management account. Revenues allocated to local and
36-26 regional solid waste projects shall be deposited to the credit of
36-27 an account in the general revenue fund known as the municipal solid
37-1 waste disposal account.
37-2 SECTION 34. Section 361.027(c), Health and Safety Code, is
37-3 amended to read as follows:
37-4 (c) The commission may:
37-5 (1) prescribe standards of training required for the
37-6 program;
37-7 (2) determine the duration of the letter of
37-8 competency;
37-9 (3) award one or more categories of letters of
37-10 competency with each category reflecting a different degree of
37-11 training or skill;
37-12 (4) require a reasonable, nonrefundable fee, in an
37-13 amount determined from time to time by the commission, to be paid
37-14 by participants, deposited to the credit of the commission
37-15 occupational licensing account [general revenue fund], and used to
37-16 administer the program;
37-17 (5) extend or renew letters of competency issued by
37-18 the commission; and
37-19 (6) withdraw a letter of competency for good cause,
37-20 which may include a violation of this chapter or a rule of the
37-21 commission concerning the technician's duties and responsibilities.
37-22 SECTION 35. Section 361.132, Health and Safety Code, is
37-23 amended to read as follows:
37-24 Sec. 361.132. HAZARDOUS AND SOLID WASTE FEES; WASTE
37-25 MANAGEMENT ACCOUNT [FUND]. (a) The waste management account is an
37-26 account [hazardous and solid waste fees fund is] in the general
37-27 revenue fund [state treasury].
38-1 (b) The account [fund] consists of money:
38-2 (1) collected by the commission under this subchapter
38-3 as [from]:
38-4 (A) [(1)] fees imposed on generators of
38-5 industrial solid waste or hazardous waste under Section 361.134;
38-6 (B) [(2)] fees imposed on owners or operators of
38-7 permitted industrial solid waste or hazardous waste facilities, or
38-8 owners or operators of industrial solid waste or hazardous waste
38-9 facilities subject to the requirement of permit authorization,
38-10 under Section 361.135;
38-11 (C) [(3)] fees imposed on the owner or operator
38-12 of an industrial solid waste or hazardous waste facility for
38-13 noncommercial and commercial management or disposal of hazardous
38-14 waste or commercial disposal of industrial solid waste under
38-15 Section 361.136;
38-16 (D) [(4)] fees imposed on applicants for
38-17 industrial solid waste and hazardous waste permits under Section
38-18 361.137; and
38-19 (E) [(5)] interest and penalties imposed under
38-20 Section 361.140 for late payment of industrial solid waste and
38-21 hazardous waste fees authorized under this subchapter; or
38-22 (2) deposited to the fund as otherwise provided by
38-23 law.
38-24 (c) Except as provided by Section 361.136(l)(1), the
38-25 commission may use the money collected under this subchapter [in
38-26 the fund] only for regulation of industrial solid and hazardous
38-27 waste under this chapter, including payment to other state agencies
39-1 for services provided under contract concerning enforcement of this
39-2 chapter.
39-3 (d) Any unobligated balance in the account [fund] at the end
39-4 of the state fiscal year may, at the discretion of the commission,
39-5 be transferred to the hazardous and solid waste remediation fee
39-6 account [fund].
39-7 SECTION 36. Section 361.133, Health and Safety Code, is
39-8 amended to read as follows:
39-9 Sec. 361.133. HAZARDOUS AND SOLID WASTE REMEDIATION FEE
39-10 ACCOUNT [FUND]. (a) The hazardous and solid waste remediation fee
39-11 account [fund] is an account in the general revenue fund [state
39-12 treasury].
39-13 (b) The account [fund] consists of money collected by the
39-14 commission from:
39-15 (1) fees imposed on the owner or operator of an
39-16 industrial solid waste or hazardous waste facility for commercial
39-17 and noncommercial management or disposal of hazardous waste or
39-18 commercial disposal of industrial solid waste under Section 361.136
39-19 and fees imposed under Section 361.138;
39-20 (2) interest and penalties imposed under Section
39-21 361.140 for late payment of a fee or late filing of a report;
39-22 (3) money paid by a person liable for facility cleanup
39-23 and maintenance under Section 361.197;
39-24 (4) the interest received from the investment of this
39-25 account [fund], in accounts under the charge of the treasurer, to
39-26 be credited pro rata to the hazardous and solid waste remediation
39-27 fee account [fund];
40-1 (5) monies transferred from other agencies under
40-2 provisions of this code or grants or other payments from any person
40-3 made for the purpose of remediation of facilities under this
40-4 chapter or the investigation, cleanup, or removal of a spill or
40-5 release of a hazardous substance;
40-6 (6) fees imposed under Section 361.604; and
40-7 (7) federal grants received for the implementation or
40-8 administration of state voluntary cleanup programs.
40-9 (c) The commission may use the money collected and deposited
40-10 to the credit of the account [fund] under this section, including
40-11 interest credited under Subsection (b)(4), only for:
40-12 (1) necessary and appropriate removal and remedial
40-13 action at sites at which solid waste or hazardous substances have
40-14 been disposed if funds from a liable person, independent third
40-15 person, or the federal government are not sufficient for the
40-16 removal or remedial action;
40-17 (2) necessary and appropriate maintenance of removal
40-18 and remedial actions for the expected life of those actions if:
40-19 (A) funds from a liable person have been
40-20 collected and deposited to the credit of the account [fund] for
40-21 that purpose; or
40-22 (B) funds from a liable person, independent
40-23 third person, or the federal government are not sufficient for the
40-24 maintenance;
40-25 (3) expenses concerning compliance with:
40-26 (A) the Comprehensive Environmental Response,
40-27 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
41-1 seq.) as amended;
41-2 (B) the federal Superfund Amendments and
41-3 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
41-4 (C) Subchapters F and I;
41-5 (4) expenses concerning the regulation and management
41-6 of household hazardous substances and the prevention of pollution
41-7 of the water resources of the state from the uncontrolled release
41-8 of hazardous substances;
41-9 (5) expenses concerning the cleanup or removal of a
41-10 spill, release, or potential threat of release of a hazardous
41-11 substance where immediate action is appropriate to protect human
41-12 health and the environment; and
41-13 (6) expenses concerning implementation of the
41-14 voluntary cleanup program under Subchapter S.
41-15 (d) The commission shall establish the fee rates for waste
41-16 management under Section 361.136 and revise them as necessary. The
41-17 amount collected each year shall not exceed $16 million after
41-18 making payments to counties under Section 361.136(l)(1).
41-19 (e) The commission shall monitor the unobligated balance in
41-20 the hazardous and solid waste remediation fee account [fund] and
41-21 all sources of revenue to the account [fund] and may adjust the
41-22 amount of fees collected under Subsection (d) [of this section] and
41-23 Section 361.138 [of this chapter], within prescribed limits, to
41-24 maintain an unobligated balance of no more than $25 million at the
41-25 end of each fiscal year.
41-26 (f) For the purpose of Subsection (e) of this section, the
41-27 unobligated balance in the hazardous and solid waste remediation
42-1 fee account [fund] shall be determined by subtracting from the cash
42-2 balance of the account [fund] at the end of each quarter:
42-3 (1) the total of all operating expenses encumbered by
42-4 the commission from the account [fund];
42-5 (2) the sum of the total balances remaining on all
42-6 contracts entered into by the commission to be paid from the
42-7 account [fund]; and
42-8 (3) the estimated total cost of investigation and
42-9 remedial action at any site eligible for funding under the
42-10 Comprehensive Environmental Response, Compensation and Liability
42-11 Act, as amended, or Subchapters F or I and not currently under
42-12 contract.
42-13 SECTION 37. Section 361.134(e), Health and Safety Code, is
42-14 amended to read as follows:
42-15 (e) Wastes generated in a removal or remedial action
42-16 accomplished through the expenditure of public funds from the
42-17 hazardous and solid waste remediation fee account [fund] shall be
42-18 exempt from any generation fee assessed under this section.
42-19 SECTION 38. Sections 361.136(i) and (l), Health and Safety
42-20 Code, are amended to read as follows:
42-21 (i) The storage, processing, or disposal of industrial solid
42-22 wastes or hazardous wastes generated in a removal or remedial
42-23 action accomplished through the expenditure of public funds from
42-24 the hazardous and solid waste remediation fee account [fund] shall
42-25 be exempt from the assessment of a waste management fee under this
42-26 section.
42-27 (l) Fees collected under this section shall be credited as
43-1 follows:
43-2 (1) 25 percent of the waste management fees collected
43-3 from each commercial waste storage, processing, or disposal
43-4 facility under this section shall be credited to the [hazardous and
43-5 solid] waste management account [fees fund] to be distributed to
43-6 the county in which the facility is located to assist that county
43-7 in defraying the costs associated with commercial industrial solid
43-8 waste and hazardous waste management facilities; and
43-9 (2) of the remaining amount of the commercial waste
43-10 management fees and of the total amount of the noncommercial waste
43-11 management fees collected from each waste storage, processing, or
43-12 disposal facility:
43-13 (A) 50 percent of each amount shall be credited
43-14 to the hazardous and solid waste remediation fee account [fund];
43-15 and
43-16 (B) 50 percent of each amount shall be credited
43-17 to the [hazardous and solid] waste management account [fees fund].
43-18 SECTION 39. Section 361.137(d), Health and Safety Code, is
43-19 amended to read as follows:
43-20 (d) Application fees collected under this section shall be
43-21 deposited to the credit of the [hazardous and solid] waste
43-22 management account [fees fund].
43-23 SECTION 40. Section 361.138(j), Health and Safety Code, is
43-24 amended to read as follows:
43-25 (j) The comptroller may deduct a percentage of the fees
43-26 collected under this section, not to exceed four percent of
43-27 receipts, to pay the reasonable and necessary costs of
44-1 administering and enforcing this section. The comptroller shall
44-2 credit the amount deducted to the general revenue fund. The
44-3 balance of the fees, penalties, and interest collected by the
44-4 comptroller under this section shall be deposited to the hazardous
44-5 and solid waste remediation fee account [fund].
44-6 SECTION 41. Section 361.140(d), Health and Safety Code, is
44-7 amended to read as follows:
44-8 (d) Any penalty collected under this section for late filing
44-9 of reports shall be deposited in the state treasury to the credit
44-10 of the hazardous and solid waste remediation fee account [fund].
44-11 SECTION 42. Section 361.195, Health and Safety Code, is
44-12 amended to read as follows:
44-13 Sec. 361.195. PAYMENTS FROM HAZARDOUS AND SOLID WASTE
44-14 REMEDIATION [DISPOSAL] FEE ACCOUNT [FUND]. (a) Money for actions
44-15 taken or to be taken by the commission in connection with the
44-16 elimination of an imminent and substantial endangerment to the
44-17 public health and safety or the environment under this subchapter
44-18 is payable directly to the commission from the hazardous and solid
44-19 waste remediation [disposal] fee account [fund]. These payments
44-20 include any costs of inspection or sampling and laboratory analysis
44-21 of wastes, soils, air, surface water, and groundwater done on
44-22 behalf of a state agency and the costs of investigations to
44-23 identify and locate potentially responsible parties.
44-24 (b) The commission shall seek remediation of facilities by
44-25 potentially responsible parties before expenditure of federal or
44-26 state funds for the remediations.
44-27 SECTION 43. Sections 361.201(b) and (c), Health and Safety
45-1 Code, are amended to read as follows:
45-2 (b) If no financially capable, potentially responsible
45-3 parties exist for a facility, the commission shall issue an
45-4 administrative order stating its determination that the facility
45-5 constitutes an imminent and substantial endangerment and that there
45-6 are no financially capable, potentially responsible parties. The
45-7 commission shall then conduct its own remediation study and
45-8 remedial action, using federal funds if available, or, if federal
45-9 funds are not available, using state funds from the hazardous and
45-10 solid waste remediation [disposal] fee account [fund].
45-11 (c) Generally, the remediation of listed facilities shall be
45-12 achieved first by private party funding, second with the aid of
45-13 federal funds, and third, if necessary, with state funds from the
45-14 hazardous and solid waste remediation [disposal] fee account
45-15 [fund].
45-16 SECTION 44. Section 361.471(1), Health and Safety Code, is
45-17 amended to read as follows:
45-18 (1) "Fund" means the waste tire recycling account
45-19 [fund].
45-20 SECTION 45. Sections 361.474 and 361.475, Health and Safety
45-21 Code, are amended to read as follows:
45-22 Sec. 361.474. DISPOSITION OF FEES AND PENALTIES. Fees and
45-23 penalties collected under this subchapter shall be deposited in the
45-24 state treasury to the credit of the waste tire recycling account
45-25 [fund].
45-26 Sec. 361.475. WASTE TIRE RECYCLING ACCOUNT [FUND]. (a) The
45-27 waste tire recycling account [fund] is a special account in the
46-1 general revenue fund.
46-2 (b) The commission shall administer the account [fund].
46-3 (c) The account [fund] consists of fees and penalties
46-4 collected under this subchapter, interest on money in the account
46-5 [fund], and money from gifts, grants, or any other source intended
46-6 to be used for the purposes of this subchapter.
46-7 (d) The account [fund] shall be used only to:
46-8 (1) pay waste tire processors, waste tire energy
46-9 recovery facility owners or operators, or waste tire recyclers that
46-10 meet the requirements for payment under Section 361.477, 361.4771,
46-11 361.4772, or 361.4773 and rules adopted under those sections;
46-12 (2) pay the commission's reasonable and necessary
46-13 administrative costs of performing its duties under this subchapter
46-14 in an amount not to exceed six percent of the money annually
46-15 accruing to the account [fund];
46-16 (3) pay the comptroller's reasonable and necessary
46-17 administrative costs of performing the comptroller's duties under
46-18 this subchapter in an amount not to exceed two percent of the money
46-19 annually accruing to the account [fund];
46-20 (4) provide grants to waste tire energy recovery
46-21 facility owners or operators to cover equipment capital investment
46-22 costs and equipment installation costs to enable a facility to use
46-23 tire shreds as fuel; and
46-24 (5) provide grants for recycling facility construction
46-25 costs.
46-26 (e) Registration fees received under Section 361.4725 shall
46-27 be allocated to the commission for its reasonable and necessary
47-1 costs associated with reviewing applications for registration of
47-2 and with registering:
47-3 (1) fixed and mobile tire processing facilities and
47-4 storage sites;
47-5 (2) waste tire energy recovery facilities and storage
47-6 sites; and
47-7 (3) waste tire recyclers.
47-8 (f) The account [fund] may not be used to reimburse
47-9 shredding or burning of:
47-10 (1) inner tubes;
47-11 (2) scrap rubber products;
47-12 (3) green tires;
47-13 (4) industrial solid waste, excluding waste tires;
47-14 (5) oversized tires, as defined by commission rule,
47-15 unless the oversized tires are collected from a priority
47-16 enforcement list site;
47-17 (6) manufacturer reject tires; or
47-18 (7) nonpneumatic tires.
47-19 (g) The commission may classify special authorization tires,
47-20 as defined by commission rule, as priority enforcement list tires.
47-21 (h) The account [fund] shall maintain a balance of not less
47-22 than $500,000.
47-23 (i) If the commission has reason to believe that the balance
47-24 of money appropriated from the account [fund] will fall below
47-25 $500,000, the commission may:
47-26 (1) suspend the requirement to reimburse priority
47-27 enforcement list tires shredded in excess of the minimum percentage
48-1 identified in Section 361.477(c)(3)(C);
48-2 (2) limit the number of waste tires for which a
48-3 processor, waste tire energy recovery facility owner or operator,
48-4 or waste tire recycler will be reimbursed; or
48-5 (3) discontinue paid carryover.
48-6 (j) The revenues obtained from the waste tire recycling fees
48-7 shall be deposited to the credit of the waste tire recycling
48-8 account [fund] and may be used only to pay for those activities and
48-9 costs identified in Subsection (d) or (e).
48-10 (k) To consolidate appropriations, the commission may
48-11 transfer the amounts authorized under Subsection (d)(2) to the
48-12 waste management account, subject to the limitations of that
48-13 subsection.
48-14 SECTION 46. Section 361.4774, Health and Safety Code, is
48-15 amended to read as follows:
48-16 Sec. 361.4774. LIMITED USE OF WASTE TIRE RECYCLING ACCOUNT
48-17 [FUND]; GRANTS, REIMBURSEMENT, AND ADMINISTRATIVE EXPENSES. (a)
48-18 For performing duties related to the waste tire program, each
48-19 fiscal year the comptroller may expend up to $680,000 or an amount
48-20 equal to two percent of the waste tire recycling account [recovery
48-21 fund], whichever is greater.
48-22 (b) For administering the waste tire recycling program, each
48-23 fiscal year the commission may expend not more than the lesser of
48-24 $2.05 million or an amount equal to six percent of the amount
48-25 appropriated from the waste tire recycling account [fund] for the
48-26 administration and operation of the waste tire recycling program.
48-27 (c) Each fiscal year, the commission may expend not more
49-1 than:
49-2 (1) $1.4 million for paying accrued carryover credits
49-3 as provided by Section 361.499;
49-4 (2) $15.2 million for tire shredding under Section
49-5 361.477;
49-6 (3) $3.52 million for the cleanup and closure of
49-7 priority enforcement list tire sites as provided by Sections
49-8 361.476 and 361.477;
49-9 (4) $2 million for providing recycling facility
49-10 construction grants under Section 361.4772;
49-11 (5) $600,000 for payments to energy recovery
49-12 facilities under Section 361.4773 at a rate of 40 cents per weighed
49-13 tire unit; and
49-14 (6) $6 million to provide grants for retrofitting
49-15 facilities to use whole or shredded tires for fuel or for paying
49-16 for facilities to use whole tires for fuel as provided by
49-17 Subsections (d) and (e).
49-18 (d) For fiscal year 1996, the commission may expend not more
49-19 than $4 million for:
49-20 (1) providing grants to waste tire energy recovery
49-21 facilities that are not using tire-derived fuel and apply for
49-22 assistance to cover retrofitting costs the commission determines
49-23 are necessary to enable the facilities to use whole tires as fuel;
49-24 and
49-25 (2) paying a facility eligible for a grant under
49-26 Subdivision (1), but for which the commission has not made a grant,
49-27 an amount of up to 80 cents per weighed tire unit.
50-1 (e) A person receiving payments for weighed tires under
50-2 Subsection (d)(2) may not receive reimbursements that exceed the
50-3 total of:
50-4 (1) the amount of the retrofitting costs the facility
50-5 would have received if the person had applied for a grant under
50-6 Subsection (d)(1); and
50-7 (2) the cost, as determined by the commission, of
50-8 transporting to the facility the number of whole tires used for
50-9 fuel until the payments under Subsection (d)(2) equal the amount of
50-10 the retrofitting costs the facility would have received.
50-11 (f) For fiscal year 1996, the commission may expend not more
50-12 than $2 million to provide grants to waste tire energy recovery
50-13 facilities that are not using tire-derived fuel and apply for
50-14 assistance to cover retrofitting costs the commission determines
50-15 are necessary to enable the facilities to use shredded tires as
50-16 fuel.
50-17 (g) For the period beginning September 1, 1996, and ending
50-18 December 31, 1997, the commission may expend not more than $6
50-19 million for payments to waste tire energy recovery facilities that
50-20 burn whole tires at a rate of 80 cents per weighed tire unit used.
50-21 (h) After the third quarter of each year of the fiscal
50-22 biennium, funds that remain unused for the purposes specified in
50-23 Subsections (a)-(g) may be transferred for use for a purpose
50-24 specified in Subsections (c)-(g) at the discretion of the
50-25 commission to promote recycling and energy recovery.
50-26 SECTION 47. Section 361.478(a), Health and Safety Code, is
50-27 amended to read as follows:
51-1 (a) Beginning January 1, 1996, and every two years after
51-2 that date, the commission shall evaluate according to standards
51-3 adopted by commission rule the recycling and energy recovery
51-4 activities of each waste tire processor that received payment from
51-5 the waste tire recycling account [fund].
51-6 SECTION 48. Section 361.479(e), Health and Safety Code, is
51-7 amended to read as follows:
51-8 (e) Evidence of financial responsibility may be in the form
51-9 of:
51-10 (1) a performance bond or a letter of credit
51-11 acceptable to the commission that is from a financial institution,
51-12 a trust fund, or insurance for a privately owned facility; or
51-13 (2) a self-insurance test designed by the commission
51-14 for a publicly owned facility. A person who makes an initial
51-15 request for reimbursement from the waste tire recycling account
51-16 [fund] on or after September 1, 1993, must provide evidence of
51-17 financial responsibility for the full amount determined under
51-18 Subsection (d).
51-19 SECTION 49. Section 361.483(c), Health and Safety Code, is
51-20 amended to read as follows:
51-21 (c) A penalty collected under this section shall be
51-22 deposited to the credit of the waste tire recycling account [fund].
51-23 SECTION 50. Sections 361.489(a) and (e), Health and Safety
51-24 Code, are amended to read as follows:
51-25 (a) The commission may, with the funds available to the
51-26 commission from the waste tire recycling account [fund], undertake
51-27 immediate remediation of a site if, after investigation, the
52-1 commission finds:
52-2 (1) that there exists a situation caused by the
52-3 illegal dumping of scrap tires that is causing or may cause
52-4 imminent and substantial endangerment to the public health and
52-5 safety or the environment; and
52-6 (2) the immediacy of the situation makes it
52-7 prejudicial to the public interest to delay action until an
52-8 administrative order can be issued to potentially responsible
52-9 parties or until a judgment can be entered in an appeal of an
52-10 administrative order.
52-11 (e) Money collected in a suit to recover costs shall be
52-12 deposited to the credit of the waste tire recycling account [fund].
52-13 SECTION 51. Section 361.498, Health and Safety Code, is
52-14 amended to read as follows:
52-15 Sec. 361.498. COMMUNITY SERVICE. Persons seeking
52-16 reimbursement from the waste tire recycling account [fund] shall
52-17 perform community service on an annual basis. Community service
52-18 includes cooperation with local civic groups to clean up abandoned
52-19 tire sites that are not classified as priority enforcement list
52-20 sites. The tires collected under this section are eligible for
52-21 reimbursement.
52-22 SECTION 52. Section 361.499, Health and Safety Code, is
52-23 amended to read as follows:
52-24 Sec. 361.499. PRIORITY FOR CARRYOVER CREDIT PAYMENTS.
52-25 Notwithstanding any other provision of this subchapter, any amounts
52-26 paid from the waste tire recycling account [fund] shall be used
52-27 first to compensate waste tire processors for carryover credits
53-1 that accrued before September 1, 1995, for waste tires shredded in
53-2 excess of allocations. The carryover credits shall be paid as soon
53-3 as practicable up to the amount appropriated for that purpose.
53-4 SECTION 53. Section 361.604(e), Health and Safety Code, is
53-5 amended to read as follows:
53-6 (e) Fees collected under this section shall be deposited to
53-7 the credit of the hazardous and solid waste remediation fee account
53-8 [fund].
53-9 SECTION 54. Section 366.013, Health and Safety Code, is
53-10 amended by adding Subsection (c) to read as follows:
53-11 (c) Fees collected under this section shall be deposited to
53-12 the credit of the commission occupational licensing account.
53-13 SECTION 55. Section 366.014, Health and Safety Code, is
53-14 amended by adding Subsection (c) to read as follows:
53-15 (c) Fees collected under this section shall be deposited to
53-16 the credit of the commission occupational licensing account.
53-17 SECTION 56. Section 366.058, Health and Safety Code, is
53-18 amended by adding Subsection (c) to read as follows:
53-19 (c) Fees collected under this section shall be deposited to
53-20 the credit of the water resource management account.
53-21 SECTION 57. Section 366.059, Health and Safety Code, is
53-22 amended by adding Subsection (c) to read as follows:
53-23 (c) Fees collected under this section shall be deposited to
53-24 the credit of the water resource management account.
53-25 SECTION 58. Section 366.074, Health and Safety Code, is
53-26 amended to read as follows:
53-27 Sec. 366.074. REGISTRATION FEE. The commission shall
54-1 establish and collect a reasonable registration fee to cover the
54-2 cost of issuing registrations under this chapter. Fees collected
54-3 under this section shall be deposited to the credit of the
54-4 commission occupational licensing account.
54-5 SECTION 59. Section 370.008(d), Health and Safety Code, is
54-6 amended to read as follows:
54-7 (d) Fees collected under this section shall be deposited in
54-8 the state treasury to the credit of the [hazardous and solid] waste
54-9 management account [fee fund].
54-10 SECTION 60. The title to Subchapter D, Chapter 371, Health
54-11 and Safety Code, is amended to read as follows:
54-12 SUBCHAPTER D. USED OIL RECYCLING ACCOUNT [FUND]; FEES
54-13 SECTION 61. Section 371.0245(e), Health and Safety Code, is
54-14 amended to read as follows:
54-15 (e) Reimbursements made under this section shall be paid out
54-16 of the used oil recycling account [fund] and may not exceed an
54-17 aggregate amount of $500,000 each fiscal year.
54-18 SECTION 62. Section 371.0246(d), Health and Safety Code, is
54-19 amended to read as follows:
54-20 (d) All claims for reimbursement filed under this section
54-21 and Section 371.0245 are subject to funds available for
54-22 disbursement in the used oil recycling account [fund] and to
54-23 Section 371.0245(e). This subchapter does not create an
54-24 entitlement to money in the used oil recycling account [fund] or
54-25 any other fund.
54-26 SECTION 63. Section 371.043(b), Health and Safety Code, is
54-27 amended to read as follows:
55-1 (b) A civil penalty recovered in a suit brought by a local
55-2 government under this section shall be divided equally between the
55-3 state and the local government that brought the suit. The state
55-4 shall deposit its recovery to the credit of the used oil recycling
55-5 account [fund].
55-6 SECTION 64. Section 371.061, Health and Safety Code, is
55-7 amended to read as follows:
55-8 Sec. 371.061. USED OIL RECYCLING ACCOUNT [FUND]. (a) The
55-9 used oil recycling account [fund] is in the state treasury.
55-10 (b) The account [fund] consists of:
55-11 (1) fees collected under Sections 371.024, 371.026,
55-12 and 371.062;
55-13 (2) interest and penalties imposed under this chapter
55-14 for late payment of fees, failure to file a report, or other
55-15 violations of this chapter; and
55-16 (3) gifts, grants, donations, or other financial
55-17 assistance the commission is authorized to receive under Section
55-18 371.027.
55-19 (c) Except as provided by Subsection (d), the commission may
55-20 use money in the account [fund] only for purposes authorized by
55-21 this chapter, including:
55-22 (1) public education;
55-23 (2) grants to public and private do-it-yourselfer used
55-24 oil collection centers and used oil collection centers;
55-25 (3) registration of do-it-yourselfer used oil
55-26 collection centers, used oil collection centers, and used oil
55-27 handlers other than generators; and
56-1 (4) administrative costs of implementing this chapter.
56-2 (e) The account [fund] is exempt from the application of
56-3 Section [Sections 403.094(h) and] 403.095, Government Code.
56-4 (f) For the purpose of consolidating appropriations, the
56-5 commission may transfer any amount authorized under Subsection
56-6 (c)(4) or by legislative appropriation to the waste management
56-7 account subject to the limitations and requirements of this
56-8 chapter.
56-9 SECTION 65. Section 371.062(l), Health and Safety Code, is
56-10 amended to read as follows:
56-11 (l) The comptroller may deduct a percentage of the fees
56-12 collected under this section in an amount sufficient to pay the
56-13 reasonable and necessary costs of administering and enforcing this
56-14 section. The comptroller shall credit the amount deducted to the
56-15 general revenue fund. The balance of fees and all penalties and
56-16 interest collected under this section shall be deposited to the
56-17 credit of the used oil recycling account [fund].
56-18 SECTION 66. Section 371.063, Health and Safety Code, is
56-19 amended to read as follows:
56-20 Sec. 371.063. ANNUAL REPORTING REQUIREMENT. The commission
56-21 shall monitor the balance of the used oil recycling account [fund]
56-22 and shall provide a detailed report of all income, expenditures,
56-23 and programs funded to the Texas Legislature on an annual basis.
56-24 SECTION 67. Section 372.002(d), Health and Safety Code, is
56-25 amended to read as follows:
56-26 (d) The commission may assess against a manufacturer or an
56-27 importer a reasonable fee for an inspection of a product to
57-1 determine the accuracy of the manufacturer's or importer's
57-2 certification in an amount determined by the commission to cover
57-3 the expenses incurred in the administration of this chapter. A fee
57-4 received by the commission under this subsection shall be deposited
57-5 in the state treasury to the credit of the water resource
57-6 management account [commission] and may be used only for the
57-7 administration of this chapter.
57-8 SECTION 68. Subchapter B, Chapter 382, Health and Safety
57-9 Code, is amended by adding Section 382.0335 to read as follows:
57-10 Sec. 382.0335. AIR CONTROL ACCOUNT. (a) The commission may
57-11 apply for, solicit, contract for, receive, or accept money from any
57-12 source to carry out its duties under this chapter.
57-13 (b) Money received by the commission under this section
57-14 shall be deposited to the credit of the air control account, an
57-15 account in the general revenue fund. The commission may use money
57-16 in the account for any necessary expenses incurred in carrying out
57-17 commission duties under this chapter.
57-18 SECTION 69. Section 382.037(k), Health and Safety Code, is
57-19 amended to read as follows:
57-20 (k) The commission by rule may establish classes of vehicles
57-21 that are exempt from vehicle emissions inspections and by rule may
57-22 establish procedures to allow and review petitions for the
57-23 exemption of individual vehicles, according to criteria established
57-24 by commission rule. Rules adopted by the commission under this
57-25 subsection must be consistent with federal law. The commission by
57-26 rule may establish fees to recover the costs of administering this
57-27 subsection. Fees collected under this subsection shall be
58-1 deposited to the credit of [remitted to the comptroller for deposit
58-2 in] the clean air account, an account in the general revenue fund,
58-3 and may be used only for the purposes of this section.
58-4 SECTION 70. Section 382.0622(b), Health and Safety Code, is
58-5 amended to read as follows:
58-6 (b) Clean Air Act fees shall be deposited in the state
58-7 treasury to the credit of the clean air account [fund] and shall be
58-8 used to safeguard the air resources of the state.
58-9 SECTION 71. Section 401.412(f), Health and Safety Code, is
58-10 amended to read as follows:
58-11 (f) The commission shall establish by rule the amounts
58-12 appropriate for the fees collected under this section. The fees
58-13 collected under this section shall be deposited in the water
58-14 management account [radioactive substance fee fund] and
58-15 reappropriated for use by the commission for expenses incurred by
58-16 the commission in administering the provisions of this chapter.
58-17 SECTION 72. Effective September 1, 1997:
58-18 (1) the Texas Water Development Board administrative
58-19 fund 041, authorized under Section 17.075, Water Code, is renamed
58-20 as the Texas Natural Resource Conservation Commission
58-21 administrative account and reestablished under Section 5.238, Water
58-22 Code, as added by this Act;
58-23 (2) the Texas irrigators fund 468, authorized under
58-24 Section 34.005, Water Code, is renamed as the commission
58-25 occupational licensing account;
58-26 (3) the water rights administration fund 158,
58-27 authorized under Section 12.113, Water Code, is renamed as the
59-1 watermaster administration account;
59-2 (4) the water quality fund 153 is renamed as the water
59-3 resource management account;
59-4 (5) the hazardous and solid waste fees fund 549 is
59-5 renamed as the waste management account;
59-6 (6) the water well drillers fund 079 is abolished, and
59-7 any unexpended balance in that fund is transferred to the
59-8 commission occupational licensing account;
59-9 (7) the water utility fund 172 is abolished and any
59-10 unexpended balance in that fund is transferred to the water
59-11 resource management account;
59-12 (8) the radioactive substance fee fund 340 is
59-13 abolished and any unexpended balance in that fund is transferred to
59-14 the waste management account; and
59-15 (9) the storage tank fund 583 is abolished and any
59-16 unexpended balance in that fund is transferred to the waste
59-17 management account.
59-18 SECTION 73. The changes in law made by this Act do not
59-19 authorize revenues that have been set aside by law for a particular
59-20 purpose to be used for a purpose that was not authorized by law
59-21 before the effective date of this Act. Except as otherwise
59-22 provided by another Act of the 75th Legislature, Regular Session,
59-23 1997, revenue dedicated to a particular purpose under the law in
59-24 effect on August 31, 1997, continues to be dedicated to that
59-25 purpose regardless of any provision of this Act consolidating,
59-26 renaming, or abolishing a particular fund or account.
59-27 SECTION 74. An appropriation made by the 75th Legislature,
60-1 Regular Session, to or from a fund abolished or consolidated by
60-2 this Act is, unless otherwise expressly provided, an appropriation
60-3 to or from, as appropriate, the account or fund provided by this
60-4 Act as the replacement fund for the sources of revenue formerly
60-5 credited to the abolished or consolidated fund.
60-6 SECTION 75. This Act takes effect September 1, 1997.
60-7 SECTION 76. The importance of this legislation and the
60-8 crowded condition of the calendars in both houses create an
60-9 emergency and an imperative public necessity that the
60-10 constitutional rule requiring bills to be read on three several
60-11 days in each house be suspended, and this rule is hereby suspended.