1-1 By: Swinford (Senate Sponsor - Brown) H.B. No. 3231
1-2 (In the Senate - Received from the House April 27, 1997;
1-3 April 29, 1997, read first time and referred to Committee on
1-4 Finance; May 5, 1997, reported favorably by the following vote:
1-5 Yeas 12, Nays 0; May 5, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the consolidation and use of certain accounts and funds
1-9 of the Texas Natural Resource Conservation Commission.
1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11 SECTION 1. Sections 5.235(a), (b), (f), and (n), Water Code,
1-12 are amended to read as follows:
1-13 (a) The executive director shall charge and collect the fees
1-14 prescribed by law. The executive director shall make a record of
1-15 fees prescribed when due and shall render an account to the person
1-16 charged with the fees. Each fee is a separate charge and is in
1-17 addition to other fees unless provided otherwise. Except as
1-18 otherwise provided, a fee assessed and collected under this section
1-19 shall be deposited to the credit of the water resource management
1-20 account.
1-21 (1) Notwithstanding other provisions, the commission
1-22 by rule may establish due dates, schedules, and procedures for
1-23 assessment, collection, and remittance of fees due the commission
1-24 to ensure the cost-effective administration of revenue collection
1-25 and cash management programs.
1-26 (2) Notwithstanding other provisions, the commission
1-27 by rule shall establish uniform and consistent requirements for the
1-28 assessment of penalties and interest for late payment of fees owed
1-29 the state under the commission's jurisdiction. Penalties and
1-30 interest established under this section shall not exceed rates
1-31 established for delinquent taxes under Sections 111.060 and
1-32 111.061, Tax Code.
1-33 (b) Except as otherwise [specifically] provided by law [this
1-34 section], the fee for filing an application or petition is $100
1-35 plus the cost of any required notice. The fee for a by-pass permit
1-36 shall be set by the commission at a reasonable amount to recover
1-37 costs, but not less than $100.
1-38 (f) A person who files a bond issue application with the
1-39 commission must pay an application fee set by the commission. The
1-40 commission by rule may set the application fee in an amount not to
1-41 exceed the costs of reviewing and processing the application, plus
1-42 the cost of required notice. If the bonds are approved by the
1-43 commission, the seller shall pay to the commission a percentage of
1-44 the bond proceeds not later than the seventh business day after
1-45 receipt of the bond proceeds. The commission by rule may set the
1-46 percentage of the proceeds in an amount not to exceed 0.25 percent
1-47 of the principal amount of the bonds actually issued. [Revenue
1-48 from these fees and application fees under Subsection (e) of this
1-49 section shall be deposited in the state treasury and credited to
1-50 the water utility fund.] Proceeds of the fees shall be used to
1-51 supplement any other funds available for paying expenses of the
1-52 commission in supervising the various bond and construction
1-53 activities of the districts filing the applications.
1-54 (n)(1) Each provider of potable water or sewer utility
1-55 service shall collect a regulatory assessment from each retail
1-56 customer as follows:
1-57 (A) A public utility as defined in Section
1-58 13.002 of this code shall collect from each retail customer a
1-59 regulatory assessment equal to one percent of the charge for retail
1-60 water or sewer service.
1-61 (B) A water supply or sewer service corporation
1-62 as defined in Section 13.002 of this code shall collect from each
1-63 retail customer a regulatory assessment equal to one-half of one
1-64 percent of the charge for retail water or sewer service.
2-1 (C) A district as defined in Section 49.001
2-2 [50.001] of this code that provides potable water or sewer utility
2-3 service to retail customers shall collect from each retail customer
2-4 a regulatory assessment equal to one-half of one percent of the
2-5 charge for retail water or sewer service.
2-6 (2) The regulatory assessment may be listed on the
2-7 customer's bill as a separate item and shall be collected in
2-8 addition to other charges for utility services.
2-9 (3) The commission shall use the assessments collected
2-10 under this subsection solely to pay costs and expenses incurred by
2-11 the commission in the regulation of districts, water supply or
2-12 sewer service corporations, and public utilities under Chapter 13,
2-13 Water Code.
2-14 (4) The commission shall annually use a portion of the
2-15 assessments to provide on-site technical assistance and training to
2-16 public utilities, water supply or sewer service corporations, and
2-17 districts. The commission shall contract with others to provide
2-18 the services.
2-19 (5) The commission by rule may establish due dates,
2-20 collection procedures, and penalties for late payment related to
2-21 regulatory assessments under this subsection. The executive
2-22 director shall collect all assessments from the utility service
2-23 providers[, and those funds shall be paid into the state treasury
2-24 and credited to the water utility fund].
2-25 (6) The commission shall assess a penalty against a
2-26 municipality with a population of more than 1.5 million that does
2-27 not provide municipal water and sewer services in an annexed area
2-28 in accordance with Section 43.0565, Local Government Code. A
2-29 penalty assessed under this paragraph shall be not more than $1,000
2-30 for each day the services are not provided after March 1, 1998, for
2-31 areas annexed before January 1, 1993, or not provided within 4 1/2
2-32 years after the effective date of the annexation for areas annexed
2-33 on or after January 1, 1993. A penalty collected under this
2-34 paragraph shall be deposited to the credit of [into] the water
2-35 resource management account [utility fund in the state treasury] to
2-36 be used to provide water and sewer service to residents of the
2-37 city.
2-38 (7) The regulatory assessment does not apply to water
2-39 that has not been treated for the purpose of human consumption.
2-40 SECTION 2. Subchapter F, Chapter 5, Water Code, is amended
2-41 by adding Section 5.238 to read as follows:
2-42 Sec. 5.238. ADMINISTRATIVE ACCOUNT. The commission
2-43 administrative account is an account in the general revenue fund.
2-44 The account consists of reimbursements to the commission for
2-45 services provided by the commission and other sources specified by
2-46 law and authorized by legislative appropriation.
2-47 SECTION 3. Section 11.329(d), Water Code, is amended to read
2-48 as follows:
2-49 (d) The executive director shall deposit [transmit] all
2-50 collections under this section to the credit of the watermaster
2-51 administration account [State Treasurer].
2-52 SECTION 4. Section 12.113(b), Water Code, is amended to read
2-53 as follows:
2-54 (b) The commission shall deposit all costs collected under
2-55 Subchapter G [F], Chapter 11 of this code in the State Treasury to
2-56 the credit of the watermaster [water rights] administration account
2-57 [fund], from which the commission shall pay all expenses necessary
2-58 to efficiently administer and perform the duties described in
2-59 Sections 11.325 through 11.335 of this code.
2-60 SECTION 5. Section 13.453, Water Code, is amended to read as
2-61 follows:
2-62 Sec. 13.453. COLLECTION AND DISPOSITION OF FEES [PAYMENT
2-63 INTO GENERAL REVENUE FUND]. All fees paid under Sections 13.4521
2-64 and 13.4522 of this code shall be collected by the executive
2-65 director and paid into the water resource management account
2-66 [General Revenue Fund].
2-67 SECTION 6. Section 26.0135(h), Water Code, is amended to
2-68 read as follows:
2-69 (h) The commission shall apportion, assess, and recover the
3-1 reasonable costs of administering the water quality management
3-2 programs under this section through the fiscal year ending August
3-3 31, 1998, from users of water and wastewater permit holders in the
3-4 watershed according to the records of the commission generally in
3-5 proportion to their right, through permit or contract, to use water
3-6 from and discharge wastewater in the watershed. Irrigation water
3-7 rights will not be subject to this assessment. The cost to river
3-8 authorities and others to conduct regional water quality assessment
3-9 shall be subject to prior review and approval by the commission as
3-10 to methods of allocation and total amount to be recovered. The
3-11 commission shall adopt rules to supervise and implement the water
3-12 quality assessment and associated costs. The rules shall ensure
3-13 that water users and wastewater dischargers do not pay excessive
3-14 amounts, that a river authority may recover no more than the actual
3-15 costs of administering the water quality management programs called
3-16 for in this section, and that no municipality shall be assessed
3-17 cost for any efforts that duplicate water quality management
3-18 activities described in Section 26.177 of this chapter. The rules
3-19 concerning the apportionment and assessment of reasonable costs
3-20 shall provide for a recovery of not more than $5,000,000 annually
3-21 through the fiscal year ending August 31, 1998. Costs recovered by
3-22 the commission are to be deposited to the credit of the water
3-23 resource management account [quality fund]. The commission may
3-24 apply not more than 10 percent of the costs recovered annually
3-25 toward the commission's overhead costs for the administration of
3-26 this section and the implementation of regional water quality
3-27 assessments. The commission shall file a final written report
3-28 accounting for the costs recovered under this section with the
3-29 governor, the lieutenant governor, and the speaker of the house of
3-30 representatives on or before December 31, 1998. This subsection
3-31 expires January 1, 1999.
3-32 SECTION 7. Section 26.0291(c), Water Code (effective until
3-33 delegation of NPDES permit authority), is amended to read as
3-34 follows:
3-35 (c) The fees collected under this section shall be deposited
3-36 to the credit of the [in a special fund in the state treasury to be
3-37 known as the] water resource management account, an account in the
3-38 general revenue [quality] fund. [Money in the fund shall be used
3-39 as follows:]
3-40 [(1) to supplement any other funds available for
3-41 paying expenses of the commission in inspecting waste treatment
3-42 facilities;]
3-43 [(2) to pay for the issuance and renewal of
3-44 certificates of competency under and to administer Section 26.0301
3-45 of this code; and]
3-46 [(3) to pay for processing plans or amendments to
3-47 plans and inspecting the construction of projects under those plans
3-48 pursuant to Section 26.0461 of this code and rules of the
3-49 commission adopted under Sections 26.046 and 26.0461 of this code.]
3-50 SECTION 8. Sections 26.0291(a) and (c), Water Code
3-51 (effective upon delegation of NPDES permit authority), are amended
3-52 to read as follows:
3-53 (a) An annual waste treatment inspection fee is imposed on
3-54 each permittee for each waste discharge permit held by the
3-55 permittee. The fee is to supplement any other funds available to
3-56 pay expenses of the commission in inspecting waste treatment
3-57 facilities and enforcing the laws of the state and the rules of the
3-58 commission governing waste discharge and waste treatment
3-59 facilities, including any expenses of the commission necessary to
3-60 obtain from the federal government delegation of and to administer
3-61 the national pollutant discharge elimination system (NPDES)
3-62 program. The fee for each year is imposed on each permit in effect
3-63 during any part of the year.
3-64 (c) The fees collected under this section shall be deposited
3-65 to the credit of [in a special fund in the state treasury to be
3-66 known as] the water resource management account, an account in the
3-67 general revenue [quality] fund. [Money in the fund shall be used
3-68 as follows:]
3-69 [(1) to supplement any other funds available for
4-1 paying expenses of the commission in inspecting waste treatment
4-2 facilities;]
4-3 [(2) to pay for the issuance and renewal of
4-4 certificates of competency under and to administer Section 26.0301
4-5 of this code;]
4-6 [(3) to pay for processing plans or amendments to
4-7 plans and inspecting the construction of projects under those plans
4-8 pursuant to Section 26.0461 of this code and rules of the
4-9 commission adopted under Sections 26.046 and 26.0461 of this code;
4-10 and]
4-11 [(4) to pay for any expenses of the commission
4-12 necessary to obtain and administer the NPDES program in lieu of the
4-13 federal government.]
4-14 SECTION 9. Section 26.0301(e), Water Code, is amended to
4-15 read as follows:
4-16 (e) The commission by rule shall set a fee to be paid by
4-17 each applicant or licensee on the issuance or renewal of a
4-18 certificate of competency under this section. The amount of the
4-19 fee is determined according to the costs of the commission in
4-20 administering this section, but may not exceed $25 annually for an
4-21 individual wastewater treatment plant operator and $500 annually
4-22 for a person, company, corporation, firm, or partnership that is in
4-23 the business as a wastewater treatment facility operations company.
4-24 The commission shall deposit any fees collected under this
4-25 subsection in the state treasury to the credit of the commission
4-26 occupational licensing account [water quality fund].
4-27 SECTION 10. Section 26.044(c), Water Code, is amended to
4-28 read as follows:
4-29 (c) The commission may delegate the administration and
4-30 performance of the certification function to the executive director
4-31 or to any other governmental entity. The commission shall collect
4-32 the following fees from applicants for certification:
4-33 Boat Certificates (annual):
4-34 Initial Certificates for Pump-out $35
4-35 Pump-out Renewal $25
4-36 Marine Sanitation Device (biennial):
4-37 Boat over 26 Feet or Houseboat $15
4-38 Boat 26 Feet or less with Permanent Device $15
4-39 All certification fees shall be paid to the entity performing the
4-40 certification function. All fees collected by any state agency
4-41 shall be deposited to the credit of the water resource management
4-42 account [in a special fund] for use by that agency in administering
4-43 and performing the certification function [and shall not be
4-44 deposited in the General Revenue Fund of the state].
4-45 SECTION 11. Section 26.0461(h), Water Code, is amended to
4-46 read as follows:
4-47 (h) A fee collected under this section shall be deposited in
4-48 the State Treasury to the credit of a special program to be used
4-49 only for the commission's Edwards Aquifer programs [the water
4-50 quality fund].
4-51 SECTION 12. Section 26.263(2), Water Code, is amended to
4-52 read as follows:
4-53 (2) "Account" ["Fund"] means the Texas spill response
4-54 account [Spill Response Fund].
4-55 SECTION 13. Section 26.264(f), Water Code, is amended to
4-56 read as follows:
4-57 (f) The commission and the Texas Department of
4-58 Transportation, in cooperation with the governor, the United States
4-59 Coast Guard, and the Environmental Protection Agency, shall develop
4-60 a contractual agreement whereby personnel, equipment, and materials
4-61 in possession or under control of the Texas Department of
4-62 Transportation may be diverted and utilized for spill and discharge
4-63 cleanup as provided for in this subchapter. Under the agreement,
4-64 the following conditions shall be met:
4-65 (1) the commission and the Texas Department of
4-66 Transportation shall develop and maintain written agreements and
4-67 contracts on how such utilization will be effected, and designating
4-68 agents for this purpose;
4-69 (2) personnel, equipment, and materials may be
5-1 diverted only with the approval of the commission and the Texas
5-2 Department of Transportation, acting through their designated
5-3 agents, or by action of the governor;
5-4 (3) all expenses and costs of acquisition of such
5-5 equipment and materials or resulting from such cleanup activities
5-6 shall be paid from the account [fund], subject to reimbursement as
5-7 provided in this subchapter; and
5-8 (4) subsequent to such activities, a full report of
5-9 all expenditures and significant actions shall be prepared and
5-10 submitted to the governor and the Legislative Budget Board, and
5-11 shall be reviewed by the commission.
5-12 SECTION 14. Section 26.265, Water Code, is amended to read
5-13 as follows:
5-14 Sec. 26.265. TEXAS SPILL RESPONSE ACCOUNT [FUND]. (a) The
5-15 [There is hereby created the] Texas spill response account is an
5-16 account in the general revenue fund [Spill Response Fund]. This
5-17 account [fund] shall not exceed $5 million, exclusive of fines and
5-18 penalties received under this subchapter.
5-19 (b) The account [fund] shall consist of money appropriated
5-20 to it by the legislature and any fines, civil penalties, or other
5-21 reimbursement to the account [fund] provided for under this
5-22 subchapter.
5-23 (c) The commission may expend money in the account [fund]
5-24 only for the purposes of:
5-25 (1) response to and investigation of spills and
5-26 discharges;
5-27 (2) obtaining personnel, equipment, and supplies
5-28 required in the cleanup of discharges and spills; and
5-29 (3) the assessment of damages to and the restoration
5-30 of land and aquatic resources held in trust or owned by the state.
5-31 (d) In addition to any cause of action under Chapter 40,
5-32 Natural Resources Code, the state has a cause of action against any
5-33 responsible person for recovery of:
5-34 (1) expenditures out of the account [fund]; and
5-35 (2) costs that would have been incurred or paid by the
5-36 responsible person if the responsible person had fully carried out
5-37 the duties under Section 26.266 of this code, including:
5-38 (A) reasonable costs of reasonable and necessary
5-39 scientific studies to determine impacts of the spill on the
5-40 environment and natural resources and to determine the manner in
5-41 which to respond to spill impacts;
5-42 (B) costs of attorney services;
5-43 (C) out-of-pocket costs associated with state
5-44 agency action;
5-45 (D) reasonable costs incurred by the state in
5-46 cleanup operations, including costs of personnel, equipment, and
5-47 supplies and restoration of land and aquatic resources held in
5-48 trust or owned by the state; and
5-49 (E) costs of remediating injuries proximately
5-50 caused by reasonable cleanup activities.
5-51 (e) The state's right to recover under Subsection (d) of
5-52 this section arises whether or not expenditures have actually been
5-53 made out of the account [fund].
5-54 (f) It is the intent of the legislature that the state
5-55 attempt to recover the costs of cleanup according to the following
5-56 priority:
5-57 (1) a responsible person; and
5-58 (2) the federal government to the extent that recovery
5-59 from a responsible person is insufficient to pay the costs of
5-60 cleanup.
5-61 (g) In a suit brought under Subsection (d) of this section,
5-62 any responsible person who, after reasonable notice has been given
5-63 by the executive director, has failed, after a reasonable period,
5-64 to carry out his duties under Section 26.266 of this code is liable
5-65 to the state for twice the costs incurred by the state under this
5-66 subchapter in cleaning up the spill or discharge. Reasonable
5-67 notice under this subsection must include a statement as to the
5-68 basis for finding the person to whom notice is sent to be a
5-69 responsible person. Any responsible person held liable under this
6-1 subsection or Subsection (d) of this section has the right to
6-2 recover indemnity or contribution from any third party who caused,
6-3 suffered, allowed, or permitted the spill or discharge. Liability
6-4 arising under this subsection or Subsection (d) of this section
6-5 does not affect any rights the responsible person has against a
6-6 third party whose acts caused or contributed to the spill or
6-7 discharge.
6-8 SECTION 15. Section 26.266(c), Water Code, is amended to
6-9 read as follows:
6-10 (c) Any discharge or spill of a hazardous substance, the
6-11 source of which is unknown, occurring in or having a potentially
6-12 harmful effect on waters in this state or in waters beyond the
6-13 jurisdiction of this state and which may reasonably be expected to
6-14 enter waters in this state may be removed by or under the direction
6-15 of the executive director. Any expense involved in the removal of
6-16 an unexplained discharge pursuant to this subsection shall be paid,
6-17 on the commission's approval, from the account [fund], subject to
6-18 the authority of the commission to seek reimbursement from an
6-19 agency of the federal government, and from the responsible person
6-20 if the identity of that person is discovered.
6-21 SECTION 16. Sections 26.346(c) and (e), Water Code, are
6-22 amended to read as follows:
6-23 (c) The commission shall issue to each person who owns or
6-24 operates a petroleum storage tank that is registered under this
6-25 section a registration certificate that includes a brief
6-26 description of:
6-27 (1) the responsibility of the owner or operator under
6-28 Section 26.3512 of this code; and
6-29 (2) the rights of the owner or operator to participate
6-30 in the petroleum storage tank remediation account [fund] and
6-31 groundwater protection cleanup program established under this
6-32 subchapter.
6-33 (e) The owner or operator of an underground or aboveground
6-34 storage tank installed before December 1, 1995, that is required to
6-35 be registered under this section and that has not been registered
6-36 on or before December 31, 1995, is not eligible to receive
6-37 reimbursement for that tank from the petroleum storage tank
6-38 remediation account [fund] except for:
6-39 (1) an owner of a registered facility who discovers an
6-40 unregistered tank while removing, upgrading, or replacing a tank or
6-41 while performing a site assessment;
6-42 (2) a state or local governmental agency that
6-43 purchases a right-of-way and discovers during construction an
6-44 unregistered tank in the right-of-way; or
6-45 (3) a property owner who reasonably could not have
6-46 known that a tank was located on the property because a title
6-47 search or the previous use of the property does not indicate a tank
6-48 on the property.
6-49 SECTION 17. Section 26.351(d), Water Code, is amended to
6-50 read as follows:
6-51 (d) The commission may retain agents to take corrective
6-52 action it considers necessary under this section. The agents shall
6-53 operate under the direction of the executive director. Any
6-54 expenses arising from corrective action taken by the commission or
6-55 the executive director may be paid from the waste management
6-56 account [storage tank fund].
6-57 SECTION 18. Section 26.3511(a), Water Code, is amended to
6-58 read as follows:
6-59 (a) Notwithstanding Section 26.351(c) of this code, to the
6-60 extent that the commission pays from the petroleum storage tank
6-61 remediation account [fund] or from sources other than the waste
6-62 management account [storage tank fund] the expenses of the
6-63 investigations, cleanups, and corrective action measures it
6-64 performs, the commission may undertake those corrective action
6-65 measures described in Section 26.351 of this code in response to a
6-66 release or a threatened release from an underground or aboveground
6-67 storage tank under any circumstances in which the commission
6-68 considers it necessary to protect the public health and safety or
6-69 the environment.
7-1 SECTION 19. Section 26.3512, Water Code, is amended to read
7-2 as follows:
7-3 Sec. 26.3512. OWNER OR OPERATOR RESPONSIBILITY; LIMITATIONS
7-4 ON ACCOUNT [FUND] PAYMENTS FOR CORRECTIVE ACTION. (a) The
7-5 provisions of this subchapter relating to the groundwater
7-6 protection cleanup program and to the petroleum storage tank
7-7 remediation account [fund] do not limit the responsibility or
7-8 liability of an owner or operator of a petroleum storage tank
7-9 required to take corrective action under an order issued in
7-10 accordance with this subchapter by the commission.
7-11 (b) Funds from the petroleum storage tank remediation
7-12 account [fund] may not be used to pay, and the owner or operator of
7-13 a petroleum storage tank ordered by the commission to take
7-14 corrective action is responsible for payment of, the following:
7-15 (1) the owner or operator contribution described by
7-16 Subsections (e)-(k);
7-17 (2) any expenses for corrective action that exceed the
7-18 applicable amount specified by Section 26.3573(m) [26.3573(l)];
7-19 (3) any expenses for corrective action that are not
7-20 covered by payment from the petroleum storage tank remediation
7-21 account [fund] under the rules or decisions of the commission under
7-22 this subchapter;
7-23 (4) any expenses for corrective action not ordered or
7-24 agreed to by the commission; or
7-25 (5) any expenses for corrective action incurred for
7-26 confirmed releases initially discovered and reported to the
7-27 commission after December 22, 1998.
7-28 (c) The owner or operator contribution under Subsection
7-29 (b)(1) of this section may include the costs of site assessment.
7-30 (d) Subsection (b)(1) of this section does not prohibit
7-31 payment from the petroleum storage tank remediation account [fund]
7-32 of expenses incurred by an eligible owner or operator as a result
7-33 of an order issued by the commission under Section 26.356 of this
7-34 code if the commission finds that the eligible owner or operator is
7-35 not responsible for the release from a petroleum storage tank. An
7-36 eligible owner or operator covered by this subsection is eligible
7-37 for reimbursement from the petroleum storage tank remediation
7-38 account [fund] for the expenses incurred relating to corrective
7-39 action that result from the order issued by the commission under
7-40 Section 26.356 of this code.
7-41 (e) If an owner or operator submits a site assessment in
7-42 accordance with commission rules before December 23, 1996, the
7-43 owner or operator shall pay under Subsection (b)(1) the first
7-44 expenses for corrective action taken for each occurrence as
7-45 follows:
7-46 (1) a person who owns or operates 1,000 or more single
7-47 petroleum storage tanks, the first $10,000;
7-48 (2) a person who owns or operates not fewer than 100
7-49 or more than 999 single petroleum storage tanks, the first $5,000;
7-50 (3) a person who owns or operates not fewer than 13 or
7-51 more than 99 single petroleum storage tanks, the first $2,500; and
7-52 (4) a person who owns or operates fewer than 13 single
7-53 petroleum storage tanks, the first $1,000.
7-54 (f) If an owner or operator does not submit a site
7-55 assessment in accordance with commission rules before December 23,
7-56 1996, the owner or operator shall pay under Subsection (b)(1) the
7-57 first expenses for corrective action taken for each occurrence as
7-58 follows:
7-59 (1) a person who owns or operates 1,000 or more single
7-60 petroleum storage tanks, the first $20,000;
7-61 (2) a person who owns or operates not fewer than 100
7-62 or more than 999 single petroleum storage tanks, the first $10,000;
7-63 (3) a person who owns or operates not fewer than 13 or
7-64 more than 99 single petroleum storage tanks, the first $5,000; and
7-65 (4) a person who owns or operates fewer than 13 single
7-66 petroleum storage tanks, the first $2,000.
7-67 (g) If an owner or operator's corrective action plan is
7-68 approved by the commission under Section 26.3572 before December
7-69 23, 1997, the owner or operator shall pay under Subsection (b)(1)
8-1 the amount provided by Subsection (e) for the first expenses for
8-2 corrective action taken for each occurrence.
8-3 (h) If an owner or operator's corrective action plan is not
8-4 approved by the commission under Section 26.3572 before December
8-5 23, 1997, the owner or operator shall pay under Subsection (b)(1)
8-6 the first expenses for corrective action taken for each occurrence
8-7 as follows:
8-8 (1) a person who owns or operates 1,000 or more single
8-9 petroleum storage tanks, the first $40,000;
8-10 (2) a person who owns or operates not fewer than 100
8-11 or more than 999 single petroleum storage tanks, the first $20,000;
8-12 (3) a person who owns or operates not fewer than 13 or
8-13 more than 99 single petroleum storage tanks, the first $10,000; and
8-14 (4) a person who owns or operates fewer than 13 single
8-15 petroleum storage tanks, the first $4,000.
8-16 (i) If an owner or operator has a corrective action plan
8-17 approved by the commission under Section 26.3572 and before
8-18 December 23, 1998, has met the goals specified in the plan to be
8-19 met by that date, the owner or operator shall pay under Subsection
8-20 (b)(1) the amount specified by Subsection (e) for the first
8-21 expenses for corrective action taken for each occurrence.
8-22 (j) If an owner or operator does not have a corrective
8-23 action plan approved by the commission under Section 26.3572 or, on
8-24 December 23, 1998, has not met the goals specified in the plan to
8-25 be met by that date, the owner or operator shall pay under
8-26 Subsection (b)(1) the first expenses for corrective action taken
8-27 for each occurrence as follows:
8-28 (1) a person who owns or operates 1,000 or more single
8-29 petroleum storage tanks, the first $80,000;
8-30 (2) a person who owns or operates not fewer than 100
8-31 or more than 999 single petroleum storage tanks, the first $40,000;
8-32 (3) a person who owns or operates not fewer than 13 or
8-33 more than 99 single petroleum storage tanks, the first $20,000; and
8-34 (4) a person who owns or operates fewer than 13 single
8-35 petroleum storage tanks, the first $8,000.
8-36 (k) An owner or operator of a site for which a closure
8-37 letter has been issued under Section 26.3572 shall pay under
8-38 Subsection (b)(1) the first $50,000 of expenses for corrective
8-39 action for each occurrence.
8-40 SECTION 20. Sections 26.3513(i) and (k), Water Code, are
8-41 amended to read as follows:
8-42 (i) The commission may use the petroleum storage tank
8-43 remediation account [fund] to take corrective action at any time
8-44 before, during, or after the conclusion of apportionment
8-45 proceedings commenced under this section.
8-46 (k) Nothing in this section:
8-47 (1) prohibits the commission from using the waste
8-48 management account [storage tank fund] to take corrective action as
8-49 provided by this subchapter and having cost recovery for the waste
8-50 management account [storage tank fund]; or
8-51 (2) affects the assessment of administrative penalties
8-52 by the commission for violations of this subchapter or rules or
8-53 orders adopted thereunder.
8-54 SECTION 21. Sections 26.355(c), (d), (h), and (i), Water
8-55 Code, are amended to read as follows:
8-56 (c) The state's right to recover under this section arises
8-57 whether or not the commission:
8-58 (1) uses funds from the waste management account
8-59 [storage tank fund] or the petroleum storage tank remediation
8-60 account [fund]; or
8-61 (2) receives or will receive funds from the state, the
8-62 federal government, or any other source for the purpose of
8-63 corrective action or enforcement.
8-64 (d) If the commission uses money from the petroleum storage
8-65 tank remediation account [fund] for corrective action or
8-66 enforcement and if the costs are recovered under this section, the
8-67 commission may not recover more than the amount of the applicable
8-68 owner or operator contribution described by Section 26.3512(e) of
8-69 this code from an eligible owner or operator for corrective action
9-1 for each occurrence.
9-2 (h) Except as provided by Subsection (i) of this section,
9-3 money recovered in a court proceeding under this section shall be
9-4 deposited in the State Treasury to the credit of the waste
9-5 management account [storage tank fund].
9-6 (i) If the commission uses money from the petroleum storage
9-7 tank remediation account [fund] for corrective action or
9-8 enforcement as provided by this subchapter, money recovered in a
9-9 court proceeding under this section shall be deposited in the
9-10 state treasury to the credit of the petroleum storage tank
9-11 remediation account [fund].
9-12 SECTION 22. Section 26.3572(b), Water Code, is amended to
9-13 read as follows:
9-14 (b) In administering the program, the commission shall:
9-15 (1) negotiate with or direct responsible parties in
9-16 site assessment and remediation matters using risk-based corrective
9-17 action;
9-18 (2) approve site-specific corrective action plans for
9-19 each site as necessary, using risk-based corrective action;
9-20 (3) review and inspect site assessment and remedial
9-21 activities and reports;
9-22 (4) use risk-based corrective action procedures as
9-23 determined by commission rule to establish cleanup levels;
9-24 (5) adopt by rule criteria for assigning a priority to
9-25 each site using risk-based corrective action and assign a priority
9-26 to each site according to those criteria;
9-27 (6) adopt by rule criteria for:
9-28 (A) risk-based corrective action site closures;
9-29 and
9-30 (B) the issuance of a closure letter to the
9-31 owner or operator of a tank site on completion of the commission's
9-32 corrective action requirements; and
9-33 (7) process claims for petroleum storage tank
9-34 remediation account [fund] disbursement.
9-35 SECTION 23. Section 26.3573, Water Code, is amended to read
9-36 as follows:
9-37 Sec. 26.3573. PETROLEUM STORAGE TANK REMEDIATION ACCOUNT
9-38 [FUND]. (a) The petroleum storage tank remediation account [fund]
9-39 is an account in the general revenue fund [created in the state
9-40 treasury]. The commission shall administer the account [fund] in
9-41 accordance with this subchapter.
9-42 (b) The petroleum storage tank remediation account [fund]
9-43 consists of money from:
9-44 (1) fees charged under Section 26.3574 of this code;
9-45 (2) the interest and penalties for the late payment of
9-46 the fee charged under Section 26.3574 of this code;
9-47 (3) funds received from cost recovery for corrective
9-48 action and enforcement actions concerning petroleum storage tanks
9-49 as provided by this subchapter; and
9-50 (4) temporary cash transfers and other transfers from
9-51 the general revenue fund authorized by Section 403.092(c),
9-52 Government Code.
9-53 (c) Interest earned on amounts in the petroleum storage tank
9-54 remediation account [fund] shall be credited to the general revenue
9-55 fund.
9-56 (d) The commission may use the money in the petroleum
9-57 storage tank remediation account [fund] to pay:
9-58 (1) necessary expenses associated with the
9-59 administration of the petroleum storage tank remediation account
9-60 [fund] and the groundwater protection cleanup program, not to
9-61 exceed an amount equal to five percent of the gross receipts of
9-62 that account [fund], provided that the increment between two and
9-63 five percent of the gross receipts may be used only to pay
9-64 administrative expenses associated with regulating petroleum
9-65 storage tanks, reimbursing eligible owners and operators, disposing
9-66 of contaminated soils, and conducting claims audits in accordance
9-67 with Section 26.35735 of this code;
9-68 (2) expenses associated with investigation, cleanup,
9-69 or corrective action measures performed in response to a release or
10-1 threatened release from a petroleum storage tank, whether those
10-2 expenses are incurred by the commission or pursuant to a contract
10-3 between a contractor and an eligible owner or operator as
10-4 authorized by this subchapter; and
10-5 (3) subject to the conditions of Subsection (e) of
10-6 this section, expenses associated with investigation, cleanup, or
10-7 corrective action measures performed in response to a release or
10-8 threatened release of hydraulic fluid or spent oil from hydraulic
10-9 lift systems or tanks located at a vehicle service and fueling
10-10 facility and used as part of the operations of that facility.
10-11 (e) To consolidate appropriations, the commission may
10-12 transfer from the petroleum storage tank remediation account to the
10-13 waste management account an amount equal to the amounts authorized
10-14 under Subsection (d)(1), subject to the requirements of that
10-15 subsection.
10-16 (f) The commission may pay from the account [fund] expenses
10-17 under Subsection (d)(3) of this section, whether or not the
10-18 hydraulic fluid or spent oil contamination is mixed with petroleum
10-19 product contamination, but the commission may require an eligible
10-20 owner or operator to demonstrate that the release of spent oil is
10-21 not mixed with any substance except:
10-22 (1) hydraulic fluid from a hydraulic lift system;
10-23 (2) petroleum products from a petroleum storage tank
10-24 system; or
10-25 (3) another substance that was contained in the
10-26 hydraulic lift system or the spent oil tank owned or operated by
10-27 the person claiming reimbursement.
10-28 (g) [(f)] The commission, in accordance with this subchapter
10-29 and rules adopted under this subchapter, may:
10-30 (1) contract directly with a person to perform
10-31 corrective action and pay the contractor from the petroleum storage
10-32 tank remediation account [fund];
10-33 (2) reimburse an eligible owner or operator from the
10-34 petroleum storage tank remediation account [fund] for the expenses
10-35 of a corrective action that was:
10-36 (A) performed on or after September 1, 1987; and
10-37 (B) conducted in response to a confirmed release
10-38 that was initially discovered and reported to the commission on or
10-39 before December 22, 1998; or
10-40 (3) pay the claim of a person who has contracted with
10-41 an eligible owner or operator to perform corrective action with
10-42 funds from the petroleum storage tank remediation account [fund].
10-43 (h) [(g)] The commission shall administer the petroleum
10-44 storage tank remediation account [fund] and by rule adopt
10-45 guidelines and procedures for the use of and eligibility for that
10-46 account [fund], subject to the availability of money in that
10-47 account [fund], as the commission finds necessary to:
10-48 (1) make the most efficient use of the money
10-49 available, including:
10-50 (A) establishing priorities for payments from
10-51 the account [fund]; and
10-52 (B) suspending payments from the account [fund];
10-53 and
10-54 (2) provide the most effective protection to the
10-55 environment and provide for the public health and safety.
10-56 (i) [(h)] Consistent with the objectives provided under
10-57 Subsection (h) [(g)] of this section and this subchapter, the
10-58 commission may by rule adopt:
10-59 (1) guidelines the commission considers necessary for
10-60 determining the amounts that may be paid from the petroleum storage
10-61 tank remediation account [fund]; and
10-62 (2) guidelines concerning reimbursement for expenses
10-63 incurred by an eligible owner or operator and covered under Section
10-64 26.3512(d) of this code.
10-65 (j) [(i)] The commission by rule may implement a
10-66 registration program for persons who contract with an owner or
10-67 operator of an underground storage tank or an aboveground storage
10-68 tank, or with any other person, to perform corrective action under
10-69 this subchapter. The commission, on the request of an
11-1 appropriately licensed or registered professional engineer, shall
11-2 register the engineer in the program. An engineer registered in
11-3 the program may contract to perform corrective action under this
11-4 subchapter unless the State Board of Registration for Professional
11-5 Engineers determines the engineer is not qualified to perform a
11-6 corrective action. An engineer registered in the program is
11-7 subject only to the examination requirements, continuing education
11-8 requirements, fees, and disciplinary procedures adopted by the
11-9 State Board of Registration for Professional Engineers. The
11-10 commission may adopt minimum qualifications for a person, other
11-11 than an appropriately licensed or registered professional engineer,
11-12 with whom an eligible owner or operator may contract to participate
11-13 in a corrective action and for a person, other than an
11-14 appropriately licensed or registered professional engineer, who
11-15 performs or supervises the corrective action. The commission may
11-16 require the use of registered contractors and registered corrective
11-17 action supervisors by an eligible owner or operator as a
11-18 prerequisite to the payment of money from the petroleum storage
11-19 tank remediation account [fund] for corrective action under this
11-20 subchapter. Any qualified registered contractor may conduct the
11-21 characterization, study, appraisal, or investigation of a site. If
11-22 a site remediation involves the installation or construction of
11-23 on-site equipment, structures, or systems used in the extraction or
11-24 management of wastes, except for soil excavation and landfill
11-25 disposal or well sampling and monitoring, the owner or operator is
11-26 not eligible for reimbursement from the petroleum storage tank
11-27 remediation account [fund] unless the plans and specifications for
11-28 the equipment, structures, or systems are sealed by an
11-29 appropriately licensed or registered professional engineer and the
11-30 equipment, structures, or systems are constructed under the
11-31 supervision of an appropriately licensed or registered professional
11-32 engineer. The commission by rule may establish a fee schedule and
11-33 charge fees necessary to defray the costs of administering the
11-34 registration program, including fees for processing applications,
11-35 printing certificates, conducting examinations, and similar
11-36 activities. Fees collected under this subsection shall be
11-37 deposited in the state treasury to the credit of the commission
11-38 occupational licensing account [storage tank fund]. A person who
11-39 violates a rule or order adopted by the commission under this
11-40 subsection is subject to the appropriate sanctions and penalties
11-41 imposed under this chapter.
11-42 (k) [(j)] The commission shall hear any complaint regarding
11-43 the payment of a claim from the petroleum storage tank remediation
11-44 account [fund] arising from a contract between a contractor and an
11-45 eligible owner or operator. A hearing held under this subsection
11-46 shall be conducted in accordance with the procedures for a
11-47 contested case under Chapter 2001, Government Code. An appeal of a
11-48 commission decision under this subsection shall be to the district
11-49 court of Travis County and the substantial evidence rule applies.
11-50 (l) [(k)] The commission shall satisfy a claim for payment
11-51 that is eligible to be paid under this subchapter and the rules
11-52 adopted under this subchapter made by a contractor, from the
11-53 petroleum storage tank remediation account [fund] as provided by
11-54 this section and rules adopted by the commission under this
11-55 section, regardless of whether the commission:
11-56 (1) contracts directly for the goods or services; or
11-57 (2) pays a claim under a contract executed by a
11-58 petroleum storage tank owner or operator.
11-59 (m) [(l)] The commission may use any amount up to $1 million
11-60 from the petroleum storage tank remediation account [fund] to pay
11-61 expenses associated with the corrective action for each occurrence
11-62 taken in response to a release from a petroleum storage tank.
11-63 (n) [(m)] The petroleum storage tank remediation account
11-64 [fund] may not be used for corrective action taken in response to a
11-65 release from an underground storage tank if the sole or principal
11-66 substance in the tank is a hazardous substance.
11-67 (o) [(n)] The petroleum storage tank remediation account
11-68 [fund] may be used to pay for corrective action in response to a
11-69 release whether the action is taken inside or outside of the
12-1 boundaries of the property on which the leaking petroleum storage
12-2 tank is located.
12-3 (p) [(o)] The petroleum storage tank remediation account
12-4 [fund] may not be used to compensate third parties for bodily
12-5 injury or property damage.
12-6 (q) [(p)] Notwithstanding any other law to the contrary, an
12-7 owner or operator, or an agent of an owner or operator, is not
12-8 entitled to and may not be paid interest on any claim for payment
12-9 from the petroleum storage tank remediation account [fund].
12-10 SECTION 24. Section 26.35731, Water Code, is amended to read
12-11 as follows:
12-12 Sec. 26.35731. CONSIDERATION AND PROCESSING OF APPLICATIONS
12-13 FOR REIMBURSEMENT. (a) Except as provided by Subsection (b), the
12-14 commission shall consider and process a claim by an eligible owner
12-15 or operator for reimbursement from the petroleum storage tank
12-16 remediation account [fund] in the order in which it is received.
12-17 The commission shall consider and process all claims by eligible
12-18 owners and operators for reimbursement from the account [fund] that
12-19 were received before September 1, 1995, before the commission
12-20 considers a claim received after that date.
12-21 (b) The commission may not consider, process, or pay a claim
12-22 for reimbursement from the petroleum storage tank remediation
12-23 account [fund] for corrective action work begun after September 1,
12-24 1993, and without prior commission approval until all claims for
12-25 reimbursement for corrective action work preapproved by the
12-26 commission have been considered, processed, and paid.
12-27 SECTION 25. Sections 26.35735(a) and (c), Water Code, are
12-28 amended to read as follows:
12-29 (a) The commission annually shall audit claims for payment
12-30 from the petroleum storage tank remediation account [fund].
12-31 (c) The commission may use generally recognized sampling
12-32 techniques to audit claims if the commission determines that the
12-33 use of those techniques would be cost-effective and would promote
12-34 greater efficiency in administering claims for payment from the
12-35 petroleum storage tank remediation account [fund].
12-36 SECTION 26. Sections 26.3574(w), (x), (y), and (z), Water
12-37 Code, are amended to read as follows:
12-38 (w) The comptroller shall deduct two percent of the amount
12-39 collected under this section as the state's charge for its services
12-40 and shall credit the amount deducted to the general revenue fund.
12-41 The balance of the fees, penalties, and interest collected by the
12-42 comptroller shall be deposited in the state treasury to the credit
12-43 of the petroleum storage tank remediation account [fund].
12-44 (x) After the deposits have been made to the credit of the
12-45 general revenue fund under [as required by] Section 403.092(c)(1),
12-46 Government Code, as added by Chapter 533, Acts of the 73rd
12-47 Legislature, 1993, the fee imposed under this section may not be
12-48 collected or required to be paid on or after the first day of the
12-49 second month following notification by the commission of the date
12-50 on which the unobligated balance in the petroleum storage tank
12-51 remediation account [fund] equals or exceeds $125 million. The
12-52 commission shall notify the comptroller in writing of the date on
12-53 which the unobligated balance equals or exceeds $125 million.
12-54 (y) If the unobligated balance in the petroleum storage tank
12-55 remediation account [fund] falls below $25 million, the fee shall
12-56 be reinstated, effective on the first day of the second month
12-57 following notification by the commission, in amounts determined as
12-58 follows:
12-59 (1) $12.50 for each delivery into a cargo tank having
12-60 a capacity of less than 2,500 gallons;
12-61 (2) $25 for each delivery into a cargo tank having a
12-62 capacity of 2,500 gallons or more but less than 5,000 gallons;
12-63 (3) $37.50 for each delivery into a cargo tank having
12-64 a capacity of 5,000 gallons or more but less than 8,000 gallons;
12-65 (4) $50 for each delivery into a cargo tank having a
12-66 capacity of 8,000 gallons or more but less than 10,000 gallons; and
12-67 (5) a $25 fee for each increment of 5,000 gallons or
12-68 any part thereof delivered into a cargo tank having a capacity of
12-69 10,000 gallons or more.
13-1 (z) For purposes of Subsections (x) and (y) of this section,
13-2 the unobligated balance in the petroleum storage tank remediation
13-3 account [fund] shall be determined by subtracting from the cash
13-4 balance of the account [fund] at the end of each month the sum of
13-5 the total balances remaining on all contracts entered by the
13-6 commission or an eligible owner for corrective action plus the
13-7 total estimates made by the commission of allowable costs for
13-8 corrective action that are unpaid relating to all commission orders
13-9 issued before that date to enforce this subchapter.
13-10 SECTION 27. Section 26.358, Water Code, is amended to read
13-11 as follows:
13-12 Sec. 26.358. COLLECTION, USE, AND DISPOSITION OF STORAGE
13-13 TANK [FUND;] FEES AND OTHER REVENUES. (a) Revenues collected by
13-14 the commission under this section shall be deposited to the credit
13-15 of the waste management account [The storage tank fund is created
13-16 in the State Treasury].
13-17 (b) Under this subchapter, [The storage tank fund consists
13-18 of money collected by] the commission may collect [from]:
13-19 (1) fees imposed on facilities with underground or
13-20 aboveground storage tanks used for the storage of regulated
13-21 substances;
13-22 (2) the interest and penalties imposed under this
13-23 section for the late payment of those fees;
13-24 (3) funds received from cost recovery for corrective
13-25 and enforcement actions taken under this subchapter, except as
13-26 provided by Subsection (c) of this section;
13-27 (4) funds received from insurers, guarantors, or other
13-28 sources of financial responsibility; and
13-29 (5) funds from the federal government and other
13-30 sources for use in connection with the storage tank program.
13-31 (c) If the commission uses money from the petroleum storage
13-32 tank remediation account [fund] for corrective action or
13-33 enforcement as provided by this subchapter, money recovered in a
13-34 court proceeding under Section 26.355 of this code shall be
13-35 deposited in the state treasury to the credit of the petroleum
13-36 storage tank remediation account [fund].
13-37 (d) The commission shall impose an annual facility fee on a
13-38 facility that operates one or more underground or aboveground
13-39 storage tanks. The commission may also impose reasonable interest
13-40 and penalties for late payment of the fee as provided by commission
13-41 rule. The commission may establish a fee schedule that will
13-42 generate an amount of money sufficient to fund the commission's
13-43 budget for the regulatory program regarding underground and
13-44 aboveground storage tanks authorized by this subchapter.
13-45 (e) Under this subchapter, the [The] commission may use
13-46 money in the waste management account [storage tank fund] to:
13-47 (1) pay the costs of taking corrective action;
13-48 (2) provide matching funds for grants and to fund
13-49 contracts executed under this subchapter; and
13-50 (3) pay for administrative expenses, rules
13-51 development, enforcement, monitoring, and inspection costs, and
13-52 other costs incurred in the course of carrying out the purposes and
13-53 duties of this subchapter.
13-54 (f) The maximum annual fee that the commission may impose on
13-55 a facility is $25 for each aboveground storage tank and $50 for
13-56 each underground storage tank operated at the facility.
13-57 (g) The commission shall collect the fees imposed under this
13-58 section on dates set by commission rule. The period between
13-59 collection dates may not exceed two years. [The commission shall
13-60 deposit all fees collected and all interest and penalties for late
13-61 payment in the State Treasury to the credit of the storage tank
13-62 fund.]
13-63 (h) The commission shall adopt rules necessary to administer
13-64 this section.
13-65 SECTION 28. Section 26.361, Water Code, is amended to read
13-66 as follows:
13-67 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM.
13-68 Notwithstanding any other provision of this subchapter, the
13-69 reimbursement program established under this subchapter expires
14-1 September 1, 2001. On or after September 1, 2001, the commission
14-2 may not:
14-3 (1) use money from the petroleum storage tank
14-4 remediation account [fund] to reimburse an eligible owner or
14-5 operator for any expenses of corrective action or to pay the claim
14-6 of a person who has contracted with an eligible owner or operator
14-7 to perform corrective action; or
14-8 (2) collect a fee under Section 26.3574 of this code.
14-9 SECTION 29. Section 26.458(a), Water Code, is amended to
14-10 read as follows:
14-11 (a) The commission shall charge necessary fees to defray the
14-12 costs of administering this subchapter, which shall be deposited in
14-13 the state treasury to the credit of the commission occupational
14-14 licensing [storage tank] account and shall be used by the
14-15 commission in administering this subchapter. The fees may not
14-16 exceed the following amounts:
14-17 (1) examination fee ..................................... $ 50;
14-18 (2) initial license application ......................... $200;
14-19 (3) annual license renewal fee .......................... $175;
14-20 (4) late renewal fee .................................... $ 25;
14-21 (5) duplicate license fee ............................... $ 10;
14-22 (6) certification of registration application fee ....... $ 50;
14-23 (7) certification of registration issuance fee .......... $100;
14-24 (8) certification of registration annual renewal fee .... $ 75;
14-25 (9) duplicate certification of registration or license .. $ 10;
14-26 (10) application to change certificate of registration ... $ 70.
14-27 SECTION 30. Section 32.014(b), Water Code, is amended to
14-28 read as follows:
14-29 (b) All money collected by the commission under this chapter
14-30 shall be deposited to the credit of the commission occupational
14-31 licensing account [water well drillers fund] and may be used only
14-32 to administer this chapter. The commission shall allocate not more
14-33 than 20 percent of the money collected under this chapter [water
14-34 well drillers fund] to cover administrative costs of the
14-35 commission.
14-36 SECTION 31. Section 33.012(b), Water Code, is amended to
14-37 read as follows:
14-38 (b) All money collected by the commission under this chapter
14-39 shall be deposited to the credit of the commission occupational
14-40 licensing account [water well drillers fund].
14-41 SECTION 32. Section 34.005, Water Code, is amended to read
14-42 as follows:
14-43 Sec. 34.005. COMMISSION FINANCES. (a) Money paid to the
14-44 commission under this chapter shall be deposited to the credit of
14-45 an account in the general revenue fund [in the state treasury in a
14-46 special fund] known as the commission occupational licensing
14-47 account [Texas irrigators fund].
14-48 (b) Revenues collected under this chapter [The Texas
14-49 irrigators fund] shall be used to pay only expenses approved by the
14-50 commission that are incurred in the administration and enforcement
14-51 of this chapter.
14-52 SECTION 33. Section 341.034, Health and Safety Code, is
14-53 amended by adding Subsection (c) to read as follows:
14-54 (c) Fees collected by the commission under this section
14-55 shall be deposited to the credit of the commission occupational
14-56 licensing account.
14-57 SECTION 34. Section 341.041, Health and Safety Code, is
14-58 amended by adding Subsection (c) to read as follows:
14-59 (c) Revenues collected by the commission under this
14-60 subchapter shall be deposited to the credit of the water resource
14-61 management account.
14-62 SECTION 35. Section 361.014, Health and Safety Code, is
14-63 amended by amending Subsections (a) and (c) and adding Subsection
14-64 (d) to read as follows:
14-65 (a) Revenue received by the commission under Section 361.013
14-66 shall be deposited in the state treasury to the credit of the
14-67 commission. Half of the revenue is dedicated to the commission's
14-68 municipal solid waste permitting and enforcement programs and
14-69 related support activities and to pay for activities that will
15-1 enhance the state's solid waste management program, including:
15-2 (1) provision of funds for the municipal solid waste
15-3 management planning fund and the municipal solid waste resource
15-4 recovery applied research and technical assistance fund established
15-5 by the Comprehensive Municipal Solid Waste Management, Resource
15-6 Recovery, and Conservation Act (Chapter 363);
15-7 (2) conduct of demonstration projects and studies to
15-8 help local governments of various populations and the private
15-9 sector to convert to accounting systems and set rates that reflect
15-10 the full costs of providing waste management services and are
15-11 proportionate to the amount of waste generated;
15-12 (3) provision of technical assistance to local
15-13 governments concerning solid waste management;
15-14 (4) establishment of a solid waste resource center in
15-15 the commission and an office of waste minimization and recycling;
15-16 (5) provision of supplemental funding to local
15-17 governments for the enforcement of this chapter, the Texas Litter
15-18 Abatement Act (Chapter 365), and Chapters 391 and 683,
15-19 Transportation Code [Chapter 741, Acts of the 67th Legislature,
15-20 Regular Session, 1981 (Article 4477-9a, Vernon's Texas Civil
15-21 Statutes)];
15-22 (6) conduct of a statewide public awareness program
15-23 concerning solid waste management;
15-24 (7) provision of supplemental funds for other state
15-25 agencies with responsibilities concerning solid waste management,
15-26 recycling, and other initiatives with the purpose of diverting
15-27 recyclable waste from landfills;
15-28 (8) conduct of research to promote the development and
15-29 stimulation of markets for recycled waste products;
15-30 (9) creation of a state municipal solid waste
15-31 superfund for:
15-32 (A) the cleanup of unauthorized tire dumps and
15-33 solid waste dumps for which a responsible party cannot be located
15-34 or is not immediately financially able to provide the cleanup; and
15-35 (B) the cleanup or proper closure of abandoned
15-36 or contaminated municipal solid waste sites for which a responsible
15-37 party is not immediately financially able to provide the cleanup;
15-38 (10) provision of funds to mitigate the economic and
15-39 environmental impacts of lead-acid battery recycling activities on
15-40 local governments; and
15-41 (11) provision of funds for the conduct of research by
15-42 a public or private entity to assist the state in developing new
15-43 technologies and methods to reduce the amount of municipal waste
15-44 disposed of in landfills.
15-45 (c) Revenue derived from fees charged under Section
15-46 361.013(c) to a transporter of whole used or scrap tires or
15-47 shredded tire pieces shall be deposited to the credit of the waste
15-48 tire recycling account [fund].
15-49 (d) Revenues allocated to the commission for the purposes
15-50 authorized by Subsection (a) shall be deposited to the credit of
15-51 the waste management account. Revenues allocated to local and
15-52 regional solid waste projects shall be deposited to the credit of
15-53 an account in the general revenue fund known as the municipal solid
15-54 waste disposal account.
15-55 SECTION 36. Section 361.027(c), Health and Safety Code, is
15-56 amended to read as follows:
15-57 (c) The commission may:
15-58 (1) prescribe standards of training required for the
15-59 program;
15-60 (2) determine the duration of the letter of
15-61 competency;
15-62 (3) award one or more categories of letters of
15-63 competency with each category reflecting a different degree of
15-64 training or skill;
15-65 (4) require a reasonable, nonrefundable fee, in an
15-66 amount determined from time to time by the commission, to be paid
15-67 by participants, deposited to the credit of the commission
15-68 occupational licensing account [general revenue fund], and used to
15-69 administer the program;
16-1 (5) extend or renew letters of competency issued by
16-2 the commission; and
16-3 (6) withdraw a letter of competency for good cause,
16-4 which may include a violation of this chapter or a rule of the
16-5 commission concerning the technician's duties and responsibilities.
16-6 SECTION 37. Section 361.132, Health and Safety Code, is
16-7 amended to read as follows:
16-8 Sec. 361.132. HAZARDOUS AND SOLID WASTE FEES; WASTE
16-9 MANAGEMENT ACCOUNT [FUND]. (a) The waste management account is an
16-10 account [hazardous and solid waste fees fund is] in the general
16-11 revenue fund [state treasury].
16-12 (b) The account [fund] consists of money:
16-13 (1) collected by the commission under this subchapter
16-14 as [from]:
16-15 (A) [(1)] fees imposed on generators of
16-16 industrial solid waste or hazardous waste under Section 361.134;
16-17 (B) [(2)] fees imposed on owners or operators of
16-18 permitted industrial solid waste or hazardous waste facilities, or
16-19 owners or operators of industrial solid waste or hazardous waste
16-20 facilities subject to the requirement of permit authorization,
16-21 under Section 361.135;
16-22 (C) [(3)] fees imposed on the owner or operator
16-23 of an industrial solid waste or hazardous waste facility for
16-24 noncommercial and commercial management or disposal of hazardous
16-25 waste or commercial disposal of industrial solid waste under
16-26 Section 361.136;
16-27 (D) [(4)] fees imposed on applicants for
16-28 industrial solid waste and hazardous waste permits under Section
16-29 361.137; and
16-30 (E) [(5)] interest and penalties imposed under
16-31 Section 361.140 for late payment of industrial solid waste and
16-32 hazardous waste fees authorized under this subchapter; or
16-33 (2) deposited to the account as otherwise provided by
16-34 law.
16-35 (c) Except as provided by Section 361.136(l)(1), the
16-36 commission may use the money collected under this subchapter [in
16-37 the fund] only for regulation of industrial solid and hazardous
16-38 waste under this chapter, including payment to other state agencies
16-39 for services provided under contract concerning enforcement of this
16-40 chapter.
16-41 (d) Any unobligated balance in the account [fund] at the end
16-42 of the state fiscal year may, at the discretion of the commission,
16-43 be transferred to the hazardous and solid waste remediation fee
16-44 account [fund].
16-45 SECTION 38. Section 361.133, Health and Safety Code, is
16-46 amended to read as follows:
16-47 Sec. 361.133. HAZARDOUS AND SOLID WASTE REMEDIATION FEE
16-48 ACCOUNT [FUND]. (a) The hazardous and solid waste remediation fee
16-49 account [fund] is an account in the general revenue fund [state
16-50 treasury].
16-51 (b) The account [fund] consists of money collected by the
16-52 commission from:
16-53 (1) fees imposed on the owner or operator of an
16-54 industrial solid waste or hazardous waste facility for commercial
16-55 and noncommercial management or disposal of hazardous waste or
16-56 commercial disposal of industrial solid waste under Section 361.136
16-57 and fees imposed under Section 361.138;
16-58 (2) interest and penalties imposed under Section
16-59 361.140 for late payment of a fee or late filing of a report;
16-60 (3) money paid by a person liable for facility cleanup
16-61 and maintenance under Section 361.197;
16-62 (4) the interest received from the investment of this
16-63 account [fund], in accounts under the charge of the treasurer, to
16-64 be credited pro rata to the hazardous and solid waste remediation
16-65 fee account [fund];
16-66 (5) monies transferred from other agencies under
16-67 provisions of this code or grants or other payments from any person
16-68 made for the purpose of remediation of facilities under this
16-69 chapter or the investigation, cleanup, or removal of a spill or
17-1 release of a hazardous substance;
17-2 (6) fees imposed under Section 361.604; and
17-3 (7) federal grants received for the implementation or
17-4 administration of state voluntary cleanup programs.
17-5 (c) The commission may use the money collected and deposited
17-6 to the credit of the account [fund] under this section, including
17-7 interest credited under Subsection (b)(4), only for:
17-8 (1) necessary and appropriate removal and remedial
17-9 action at sites at which solid waste or hazardous substances have
17-10 been disposed if funds from a liable person, independent third
17-11 person, or the federal government are not sufficient for the
17-12 removal or remedial action;
17-13 (2) necessary and appropriate maintenance of removal
17-14 and remedial actions for the expected life of those actions if:
17-15 (A) funds from a liable person have been
17-16 collected and deposited to the credit of the account [fund] for
17-17 that purpose; or
17-18 (B) funds from a liable person, independent
17-19 third person, or the federal government are not sufficient for the
17-20 maintenance;
17-21 (3) expenses concerning compliance with:
17-22 (A) the Comprehensive Environmental Response,
17-23 Compensation and Liability Act of 1980 (42 U.S.C. Section 9601 et
17-24 seq.) as amended;
17-25 (B) the federal Superfund Amendments and
17-26 Reauthorization Act of 1986 (10 U.S.C. Section 2701 et seq.); and
17-27 (C) Subchapters F and I;
17-28 (4) expenses concerning the regulation and management
17-29 of household hazardous substances and the prevention of pollution
17-30 of the water resources of the state from the uncontrolled release
17-31 of hazardous substances;
17-32 (5) expenses concerning the cleanup or removal of a
17-33 spill, release, or potential threat of release of a hazardous
17-34 substance where immediate action is appropriate to protect human
17-35 health and the environment; and
17-36 (6) expenses concerning implementation of the
17-37 voluntary cleanup program under Subchapter S.
17-38 (d) The commission shall establish the fee rates for waste
17-39 management under Section 361.136 and revise them as necessary. The
17-40 amount collected each year shall not exceed $16 million after
17-41 making payments to counties under Section 361.136(l)(1).
17-42 (e) The commission shall monitor the unobligated balance in
17-43 the hazardous and solid waste remediation fee account [fund] and
17-44 all sources of revenue to the account [fund] and may adjust the
17-45 amount of fees collected under Subsection (d) [of this section] and
17-46 Section 361.138 [of this chapter], within prescribed limits, to
17-47 maintain an unobligated balance of no more than $25 million at the
17-48 end of each fiscal year.
17-49 (f) For the purpose of Subsection (e) [of this section], the
17-50 unobligated balance in the hazardous and solid waste remediation
17-51 fee account [fund] shall be determined by subtracting from the cash
17-52 balance of the account [fund] at the end of each quarter:
17-53 (1) the total of all operating expenses encumbered by
17-54 the commission from the account [fund];
17-55 (2) the sum of the total balances remaining on all
17-56 contracts entered into by the commission to be paid from the
17-57 account [fund]; and
17-58 (3) the estimated total cost of investigation and
17-59 remedial action at any site eligible for funding under the
17-60 Comprehensive Environmental Response, Compensation and Liability
17-61 Act, as amended, or Subchapter [Subchapters] F or I and not
17-62 currently under contract.
17-63 SECTION 39. Section 361.134(e), Health and Safety Code, is
17-64 amended to read as follows:
17-65 (e) Wastes generated in a removal or remedial action
17-66 accomplished through the expenditure of public funds from the
17-67 hazardous and solid waste remediation fee account [fund] shall be
17-68 exempt from any generation fee assessed under this section.
17-69 SECTION 40. Sections 361.136(i) and (l), Health and Safety
18-1 Code, are amended to read as follows:
18-2 (i) The storage, processing, or disposal of industrial solid
18-3 wastes or hazardous wastes generated in a removal or remedial
18-4 action accomplished through the expenditure of public funds from
18-5 the hazardous and solid waste remediation fee account [fund] shall
18-6 be exempt from the assessment of a waste management fee under this
18-7 section.
18-8 (l) Fees collected under this section shall be credited as
18-9 follows:
18-10 (1) 25 percent of the waste management fees collected
18-11 from each commercial waste storage, processing, or disposal
18-12 facility under this section shall be credited to the [hazardous and
18-13 solid] waste management account [fees fund] to be distributed to
18-14 the county in which the facility is located to assist that county
18-15 in defraying the costs associated with commercial industrial solid
18-16 waste and hazardous waste management facilities; and
18-17 (2) of the remaining amount of the commercial waste
18-18 management fees and of the total amount of the noncommercial waste
18-19 management fees collected from each waste storage, processing, or
18-20 disposal facility:
18-21 (A) 50 percent of each amount shall be credited
18-22 to the hazardous and solid waste remediation fee account [fund];
18-23 and
18-24 (B) 50 percent of each amount shall be credited
18-25 to the [hazardous and solid] waste management account [fees fund].
18-26 SECTION 41. Section 361.137(d), Health and Safety Code, is
18-27 amended to read as follows:
18-28 (d) Application fees collected under this section shall be
18-29 deposited to the credit of the [hazardous and solid] waste
18-30 management account [fees fund].
18-31 SECTION 42. Section 361.138(j), Health and Safety Code, is
18-32 amended to read as follows:
18-33 (j) The comptroller may deduct a percentage of the fees
18-34 collected under this section, not to exceed four percent of
18-35 receipts, to pay the reasonable and necessary costs of
18-36 administering and enforcing this section. The comptroller shall
18-37 credit the amount deducted to the general revenue fund. The
18-38 balance of the fees, penalties, and interest collected by the
18-39 comptroller under this section shall be deposited to the hazardous
18-40 and solid waste remediation fee account [fund].
18-41 SECTION 43. Section 361.140(d), Health and Safety Code, is
18-42 amended to read as follows:
18-43 (d) Any penalty collected under this section for late filing
18-44 of reports shall be deposited in the state treasury to the credit
18-45 of the hazardous and solid waste remediation fee account [fund].
18-46 SECTION 44. Section 361.195, Health and Safety Code, is
18-47 amended to read as follows:
18-48 Sec. 361.195. PAYMENTS FROM HAZARDOUS AND SOLID WASTE
18-49 REMEDIATION [DISPOSAL] FEE ACCOUNT [FUND]. (a) Money for actions
18-50 taken or to be taken by the commission in connection with the
18-51 elimination of an imminent and substantial endangerment to the
18-52 public health and safety or the environment under this subchapter
18-53 is payable directly to the commission from the hazardous and solid
18-54 waste remediation [disposal] fee account [fund]. These payments
18-55 include any costs of inspection or sampling and laboratory analysis
18-56 of wastes, soils, air, surface water, and groundwater done on
18-57 behalf of a state agency and the costs of investigations to
18-58 identify and locate potentially responsible parties.
18-59 (b) The commission shall seek remediation of facilities by
18-60 potentially responsible parties before expenditure of federal or
18-61 state funds for the remediations.
18-62 SECTION 45. Sections 361.201(b) and (c), Health and Safety
18-63 Code, are amended to read as follows:
18-64 (b) If no financially capable, potentially responsible
18-65 parties exist for a facility, the commission shall issue an
18-66 administrative order stating its determination that the facility
18-67 constitutes an imminent and substantial endangerment and that there
18-68 are no financially capable, potentially responsible parties. The
18-69 commission shall then conduct its own remediation study and
19-1 remedial action, using federal funds if available, or, if federal
19-2 funds are not available, using state funds from the hazardous and
19-3 solid waste remediation [disposal] fee account [fund].
19-4 (c) Generally, the remediation of listed facilities shall be
19-5 achieved first by private party funding, second with the aid of
19-6 federal funds, and third, if necessary, with state funds from the
19-7 hazardous and solid waste remediation [disposal] fee account
19-8 [fund].
19-9 SECTION 46. Section 361.471(1), Health and Safety Code, is
19-10 amended to read as follows:
19-11 (1) "Account" ["Fund"] means the waste tire recycling
19-12 account [fund].
19-13 SECTION 47. Sections 361.474 and 361.475, Health and Safety
19-14 Code, are amended to read as follows:
19-15 Sec. 361.474. DISPOSITION OF FEES AND PENALTIES. Fees and
19-16 penalties collected under this subchapter shall be deposited in the
19-17 state treasury to the credit of the waste tire recycling account
19-18 [fund].
19-19 Sec. 361.475. WASTE TIRE RECYCLING ACCOUNT [FUND]. (a) The
19-20 waste tire recycling account [fund] is a special account in the
19-21 general revenue fund.
19-22 (b) The commission shall administer the account [fund].
19-23 (c) The account [fund] consists of fees and penalties
19-24 collected under this subchapter, interest on money in the account
19-25 [fund], and money from gifts, grants, or any other source intended
19-26 to be used for the purposes of this subchapter.
19-27 (d) The account [fund] shall be used only to:
19-28 (1) pay waste tire processors, waste tire energy
19-29 recovery facility owners or operators, or waste tire recyclers that
19-30 meet the requirements for payment under Section 361.477, 361.4771,
19-31 361.4772, or 361.4773 and rules adopted under those sections;
19-32 (2) pay the commission's reasonable and necessary
19-33 administrative costs of performing its duties under this subchapter
19-34 in an amount not to exceed six percent of the money annually
19-35 accruing to the account [fund];
19-36 (3) pay the comptroller's reasonable and necessary
19-37 administrative costs of performing the comptroller's duties under
19-38 this subchapter in an amount not to exceed two percent of the money
19-39 annually accruing to the account [fund];
19-40 (4) provide grants to waste tire energy recovery
19-41 facility owners or operators to cover equipment capital investment
19-42 costs and equipment installation costs to enable a facility to use
19-43 tire shreds as fuel; and
19-44 (5) provide grants for recycling facility construction
19-45 costs.
19-46 (e) Registration fees received under Section 361.4725 shall
19-47 be allocated to the commission for its reasonable and necessary
19-48 costs associated with reviewing applications for registration of
19-49 and with registering:
19-50 (1) fixed and mobile tire processing facilities and
19-51 storage sites;
19-52 (2) waste tire energy recovery facilities and storage
19-53 sites; and
19-54 (3) waste tire recyclers.
19-55 (f) The account [fund] may not be used to reimburse
19-56 shredding or burning of:
19-57 (1) inner tubes;
19-58 (2) scrap rubber products;
19-59 (3) green tires;
19-60 (4) industrial solid waste, excluding waste tires;
19-61 (5) oversized tires, as defined by commission rule,
19-62 unless the oversized tires are collected from a priority
19-63 enforcement list site;
19-64 (6) manufacturer reject tires; or
19-65 (7) nonpneumatic tires.
19-66 (g) The commission may classify special authorization tires,
19-67 as defined by commission rule, as priority enforcement list tires.
19-68 (h) The account [fund] shall maintain a balance of not less
19-69 than $500,000.
20-1 (i) If the commission has reason to believe that the balance
20-2 of money appropriated from the account [fund] will fall below
20-3 $500,000, the commission may:
20-4 (1) suspend the requirement to reimburse priority
20-5 enforcement list tires shredded in excess of the minimum percentage
20-6 identified in Section 361.477(c)(3)(C);
20-7 (2) limit the number of waste tires for which a
20-8 processor, waste tire energy recovery facility owner or operator,
20-9 or waste tire recycler will be reimbursed; or
20-10 (3) discontinue paid carryover.
20-11 (j) The revenues obtained from the waste tire recycling fees
20-12 shall be deposited to the credit of the waste tire recycling
20-13 account [fund] and may be used only to pay for those activities and
20-14 costs identified in Subsection (d) or (e).
20-15 (k) To consolidate appropriations, the commission may
20-16 transfer the amounts authorized under Subsection (d)(2) to the
20-17 waste management account, subject to the limitations of that
20-18 subsection.
20-19 SECTION 48. Section 361.477(j), Health and Safety Code, is
20-20 amended to read as follows:
20-21 (j) The commission shall adopt rules to manage payments from
20-22 the account [fund] to prevent depletion of the account [fund].
20-23 Rules adopted under this subsection shall consider appropriate
20-24 payments to processors that reflect the varying amounts of money
20-25 available in the account [fund]. In any allocation adopted for
20-26 processors under this section, the commission shall consider the
20-27 monthly average percentage of shredded tires the processor has
20-28 forwarded to an end-use or recycling market. In addition, the
20-29 commission may consider the historical average number of tires for
20-30 which the processor has been reimbursed and such other factors as
20-31 may be determined by the commission.
20-32 SECTION 49. Section 361.4771(e), Health and Safety Code, is
20-33 amended to read as follows:
20-34 (e) The commission shall adopt rules to manage payments from
20-35 the account [fund] to prevent depletion of the account [fund].
20-36 Before using any allocation method authorized by this subchapter
20-37 and before making other payments from the account [fund], the
20-38 commission shall pay reimbursements to processors under Section
20-39 361.477 who have established end-use markets and pay reimbursements
20-40 under this section and Sections 361.4772 and 361.4773.
20-41 SECTION 50. Section 361.4774, Health and Safety Code, is
20-42 amended to read as follows:
20-43 Sec. 361.4774. LIMITED USE OF WASTE TIRE RECYCLING ACCOUNT
20-44 [FUND]; GRANTS, REIMBURSEMENT, AND ADMINISTRATIVE EXPENSES. (a)
20-45 For performing duties related to the waste tire program, each
20-46 fiscal year the comptroller may expend up to $680,000 or an amount
20-47 equal to two percent of the waste tire recycling account [recovery
20-48 fund], whichever is greater.
20-49 (b) For administering the waste tire recycling program, each
20-50 fiscal year the commission may expend not more than the lesser of
20-51 $2.05 million or an amount equal to six percent of the amount
20-52 appropriated from the waste tire recycling account [fund] for the
20-53 administration and operation of the waste tire recycling program.
20-54 (c) Each fiscal year, the commission may expend not more
20-55 than:
20-56 (1) $1.4 million for paying accrued carryover credits
20-57 as provided by Section 361.499;
20-58 (2) $15.2 million for tire shredding under Section
20-59 361.477;
20-60 (3) $3.52 million for the cleanup and closure of
20-61 priority enforcement list tire sites as provided by Sections
20-62 361.476 and 361.477;
20-63 (4) $2 million for providing recycling facility
20-64 construction grants under Section 361.4772;
20-65 (5) $600,000 for payments to energy recovery
20-66 facilities under Section 361.4773 at a rate of 40 cents per weighed
20-67 tire unit; and
20-68 (6) $6 million to provide grants for retrofitting
20-69 facilities to use whole or shredded tires for fuel or for paying
21-1 for facilities to use whole tires for fuel as provided by
21-2 Subsections (d) and (e).
21-3 (d) For fiscal year 1996, the commission may expend not more
21-4 than $4 million for:
21-5 (1) providing grants to waste tire energy recovery
21-6 facilities that are not using tire-derived fuel and apply for
21-7 assistance to cover retrofitting costs the commission determines
21-8 are necessary to enable the facilities to use whole tires as fuel;
21-9 and
21-10 (2) paying a facility eligible for a grant under
21-11 Subdivision (1), but for which the commission has not made a grant,
21-12 an amount of up to 80 cents per weighed tire unit.
21-13 (e) A person receiving payments for weighed tires under
21-14 Subsection (d)(2) may not receive reimbursements that exceed the
21-15 total of:
21-16 (1) the amount of the retrofitting costs the facility
21-17 would have received if the person had applied for a grant under
21-18 Subsection (d)(1); and
21-19 (2) the cost, as determined by the commission, of
21-20 transporting to the facility the number of whole tires used for
21-21 fuel until the payments under Subsection (d)(2) equal the amount of
21-22 the retrofitting costs the facility would have received.
21-23 (f) For fiscal year 1996, the commission may expend not more
21-24 than $2 million to provide grants to waste tire energy recovery
21-25 facilities that are not using tire-derived fuel and apply for
21-26 assistance to cover retrofitting costs the commission determines
21-27 are necessary to enable the facilities to use shredded tires as
21-28 fuel.
21-29 (g) For the period beginning September 1, 1996, and ending
21-30 December 31, 1997, the commission may expend not more than $6
21-31 million for payments to waste tire energy recovery facilities that
21-32 burn whole tires at a rate of 80 cents per weighed tire unit used.
21-33 (h) After the third quarter of each year of the fiscal
21-34 biennium, funds that remain unused for the purposes specified in
21-35 Subsections (a)-(g) may be transferred for use for a purpose
21-36 specified in Subsections (c)-(g) at the discretion of the
21-37 commission to promote recycling and energy recovery.
21-38 SECTION 51. Section 361.478(a), Health and Safety Code, is
21-39 amended to read as follows:
21-40 (a) Beginning January 1, 1996, and every two years after
21-41 that date, the commission shall evaluate according to standards
21-42 adopted by commission rule the recycling and energy recovery
21-43 activities of each waste tire processor that received payment from
21-44 the waste tire recycling account [fund].
21-45 SECTION 52. Section 361.479(e), Health and Safety Code, is
21-46 amended to read as follows:
21-47 (e) Evidence of financial responsibility may be in the form
21-48 of:
21-49 (1) a performance bond or a letter of credit
21-50 acceptable to the commission that is from a financial institution,
21-51 a trust fund, or insurance for a privately owned facility; or
21-52 (2) a self-insurance test designed by the commission
21-53 for a publicly owned facility. A person who makes an initial
21-54 request for reimbursement from the waste tire recycling account
21-55 [fund] on or after September 1, 1993, must provide evidence of
21-56 financial responsibility for the full amount determined under
21-57 Subsection (d).
21-58 SECTION 53. Section 361.483(c), Health and Safety Code, is
21-59 amended to read as follows:
21-60 (c) A penalty collected under this section shall be
21-61 deposited to the credit of the waste tire recycling account [fund].
21-62 SECTION 54. Sections 361.489(a) and (e), Health and Safety
21-63 Code, are amended to read as follows:
21-64 (a) The commission may, with the funds available to the
21-65 commission from the waste tire recycling account [fund], undertake
21-66 immediate remediation of a site if, after investigation, the
21-67 commission finds:
21-68 (1) that there exists a situation caused by the
21-69 illegal dumping of scrap tires that is causing or may cause
22-1 imminent and substantial endangerment to the public health and
22-2 safety or the environment; and
22-3 (2) the immediacy of the situation makes it
22-4 prejudicial to the public interest to delay action until an
22-5 administrative order can be issued to potentially responsible
22-6 parties or until a judgment can be entered in an appeal of an
22-7 administrative order.
22-8 (e) Money collected in a suit to recover costs shall be
22-9 deposited to the credit of the waste tire recycling account [fund].
22-10 SECTION 55. Section 361.498, Health and Safety Code, is
22-11 amended to read as follows:
22-12 Sec. 361.498. COMMUNITY SERVICE. Persons seeking
22-13 reimbursement from the waste tire recycling account [fund] shall
22-14 perform community service on an annual basis. Community service
22-15 includes cooperation with local civic groups to clean up abandoned
22-16 tire sites that are not classified as priority enforcement list
22-17 sites. The tires collected under this section are eligible for
22-18 reimbursement.
22-19 SECTION 56. Section 361.499, Health and Safety Code, is
22-20 amended to read as follows:
22-21 Sec. 361.499. PRIORITY FOR CARRYOVER CREDIT PAYMENTS.
22-22 Notwithstanding any other provision of this subchapter, any amounts
22-23 paid from the waste tire recycling account [fund] shall be used
22-24 first to compensate waste tire processors for carryover credits
22-25 that accrued before September 1, 1995, for waste tires shredded in
22-26 excess of allocations. The carryover credits shall be paid as soon
22-27 as practicable up to the amount appropriated for that purpose.
22-28 SECTION 57. Section 361.604(e), Health and Safety Code, is
22-29 amended to read as follows:
22-30 (e) Fees collected under this section shall be deposited to
22-31 the credit of the waste management account [hazardous and solid
22-32 waste remediation fee fund].
22-33 SECTION 58. Section 366.013, Health and Safety Code, is
22-34 amended by adding Subsection (c) to read as follows:
22-35 (c) Fees collected under this section shall be deposited to
22-36 the credit of the commission occupational licensing account.
22-37 SECTION 59. Section 366.014, Health and Safety Code, is
22-38 amended by adding Subsection (c) to read as follows:
22-39 (c) Fees collected under this section shall be deposited to
22-40 the credit of the commission occupational licensing account.
22-41 SECTION 60. Section 366.058, Health and Safety Code, is
22-42 amended by adding Subsection (c) to read as follows:
22-43 (c) Fees collected under this section shall be deposited to
22-44 the credit of the water resource management account.
22-45 SECTION 61. Section 366.059, Health and Safety Code, is
22-46 amended by adding Subsection (c) to read as follows:
22-47 (c) Fees collected under this section shall be deposited to
22-48 the credit of the water resource management account.
22-49 SECTION 62. Section 366.074, Health and Safety Code, is
22-50 amended to read as follows:
22-51 Sec. 366.074. REGISTRATION FEE. The commission shall
22-52 establish and collect a reasonable registration fee to cover the
22-53 cost of issuing registrations under this chapter. Fees collected
22-54 under this section shall be deposited to the credit of the
22-55 commission occupational licensing account.
22-56 SECTION 63. Section 370.008(d), Health and Safety Code, is
22-57 amended to read as follows:
22-58 (d) Fees collected under this section shall be deposited in
22-59 the state treasury to the credit of the [hazardous and solid] waste
22-60 management account [fee fund].
22-61 SECTION 64. The heading to Subchapter D, Chapter 371, Health
22-62 and Safety Code, is amended to read as follows:
22-63 SUBCHAPTER D. USED OIL RECYCLING ACCOUNT [FUND]; FEES
22-64 SECTION 65. Section 371.0245(e), Health and Safety Code, is
22-65 amended to read as follows:
22-66 (e) Reimbursements made under this section shall be paid out
22-67 of the used oil recycling account [fund] and may not exceed an
22-68 aggregate amount of $500,000 each fiscal year.
22-69 SECTION 66. Section 371.0246(d), Health and Safety Code, is
23-1 amended to read as follows:
23-2 (d) All claims for reimbursement filed under this section
23-3 and Section 371.0245 are subject to funds available for
23-4 disbursement in the used oil recycling account [fund] and to
23-5 Section 371.0245(e). This subchapter does not create an
23-6 entitlement to money in the used oil recycling account [fund] or
23-7 any other fund.
23-8 SECTION 67. Section 371.043(b), Health and Safety Code, is
23-9 amended to read as follows:
23-10 (b) A civil penalty recovered in a suit brought by a local
23-11 government under this section shall be divided equally between the
23-12 state and the local government that brought the suit. The state
23-13 shall deposit its recovery to the credit of the used oil recycling
23-14 account [fund].
23-15 SECTION 68. Section 371.061, Health and Safety Code, is
23-16 amended to read as follows:
23-17 Sec. 371.061. USED OIL RECYCLING ACCOUNT [FUND]. (a) The
23-18 used oil recycling account [fund] is in the state treasury.
23-19 (b) The account [fund] consists of:
23-20 (1) fees collected under Sections 371.024, 371.026,
23-21 and 371.062;
23-22 (2) interest and penalties imposed under this chapter
23-23 for late payment of fees, failure to file a report, or other
23-24 violations of this chapter; and
23-25 (3) gifts, grants, donations, or other financial
23-26 assistance the commission is authorized to receive under Section
23-27 371.027.
23-28 (c) The [Except as provided by Subsection (d), the]
23-29 commission may use money in the account [fund] only for purposes
23-30 authorized by this chapter, including:
23-31 (1) public education;
23-32 (2) grants to public and private do-it-yourselfer used
23-33 oil collection centers and used oil collection centers;
23-34 (3) registration of do-it-yourselfer used oil
23-35 collection centers, used oil collection centers, and used oil
23-36 handlers other than generators; and
23-37 (4) administrative costs of implementing this chapter.
23-38 (d) [(e)] The account [fund] is exempt from the application
23-39 of Section [Sections 403.094(h) and] 403.095, Government Code.
23-40 (e) For the purpose of consolidating appropriations, the
23-41 commission may transfer any amount authorized under Subsection
23-42 (c)(4) or by legislative appropriation to the waste management
23-43 account subject to the limitations and requirements of this
23-44 chapter.
23-45 SECTION 69. Section 371.062(l), Health and Safety Code, is
23-46 amended to read as follows:
23-47 (l) The comptroller may deduct a percentage of the fees
23-48 collected under this section in an amount sufficient to pay the
23-49 reasonable and necessary costs of administering and enforcing this
23-50 section. The comptroller shall credit the amount deducted to the
23-51 general revenue fund. The balance of fees and all penalties and
23-52 interest collected under this section shall be deposited to the
23-53 credit of the used oil recycling account [fund].
23-54 SECTION 70. Section 371.063, Health and Safety Code, is
23-55 amended to read as follows:
23-56 Sec. 371.063. ANNUAL REPORTING REQUIREMENT. The commission
23-57 shall monitor the balance of the used oil recycling account [fund]
23-58 and shall provide a detailed report of all income, expenditures,
23-59 and programs funded to the Texas Legislature on an annual basis.
23-60 SECTION 71. Section 372.002(d), Health and Safety Code, is
23-61 amended to read as follows:
23-62 (d) The commission may assess against a manufacturer or an
23-63 importer a reasonable fee for an inspection of a product to
23-64 determine the accuracy of the manufacturer's or importer's
23-65 certification in an amount determined by the commission to cover
23-66 the expenses incurred in the administration of this chapter. A fee
23-67 received by the commission under this subsection shall be deposited
23-68 in the state treasury to the credit of the water resource
23-69 management account [commission] and may be used only for the
24-1 administration of this chapter.
24-2 SECTION 72. Subchapter B, Chapter 382, Health and Safety
24-3 Code, is amended by adding Section 382.0335 to read as follows:
24-4 Sec. 382.0335. AIR CONTROL ACCOUNT. (a) The commission may
24-5 apply for, solicit, contract for, receive, or accept money from any
24-6 source to carry out its duties under this chapter.
24-7 (b) Money received by the commission under this section
24-8 shall be deposited to the credit of the air control account, an
24-9 account in the general revenue fund. The commission may use money
24-10 in the account for any necessary expenses incurred in carrying out
24-11 commission duties under this chapter.
24-12 SECTION 73. Section 382.037(k), Health and Safety Code, is
24-13 amended to read as follows:
24-14 (k) The commission by rule may establish classes of vehicles
24-15 that are exempt from vehicle emissions inspections and by rule may
24-16 establish procedures to allow and review petitions for the
24-17 exemption of individual vehicles, according to criteria established
24-18 by commission rule. Rules adopted by the commission under this
24-19 subsection must be consistent with federal law. The commission by
24-20 rule may establish fees to recover the costs of administering this
24-21 subsection. Fees collected under this subsection shall be
24-22 deposited to the credit of [remitted to the comptroller for deposit
24-23 in] the clean air account, an account in the general revenue fund,
24-24 and may be used only for the purposes of this section.
24-25 SECTION 74. Section 382.0622(b), Health and Safety Code, is
24-26 amended to read as follows:
24-27 (b) Clean Air Act fees shall be deposited in the state
24-28 treasury to the credit of the clean air account [fund] and shall be
24-29 used to safeguard the air resources of the state.
24-30 SECTION 75. Section 401.412(f), Health and Safety Code, is
24-31 amended to read as follows:
24-32 (f) The commission shall establish by rule the amounts
24-33 appropriate for the fees collected under this section. The fees
24-34 collected under this section shall be deposited in the waste
24-35 management account [radioactive substance fee fund] and
24-36 reappropriated for use by the commission for expenses incurred by
24-37 the commission in administering the provisions of this chapter.
24-38 SECTION 76. Effective September 1, 1997:
24-39 (1) the Texas Water Development Board administrative
24-40 fund 041, authorized under Section 17.075, Water Code, is renamed
24-41 as the Texas Natural Resource Conservation Commission
24-42 administrative account and reestablished under Section 5.238, Water
24-43 Code, as added by this Act;
24-44 (2) the Texas irrigators fund 468, authorized under
24-45 Section 34.005, Water Code, is renamed as the commission
24-46 occupational licensing account;
24-47 (3) the water rights administration fund 158,
24-48 authorized under Section 12.113, Water Code, is renamed as the
24-49 watermaster administration account;
24-50 (4) the water quality fund 153 is renamed as the water
24-51 resource management account;
24-52 (5) the hazardous and solid waste fees fund 549 is
24-53 renamed as the waste management account;
24-54 (6) the water well drillers fund 079 is abolished, and
24-55 any unexpended balance in that fund is transferred to the
24-56 commission occupational licensing account;
24-57 (7) the water utility fund 172 is abolished and any
24-58 unexpended balance in that fund is transferred to the water
24-59 resource management account;
24-60 (8) the radioactive substance fee fund 340 is
24-61 abolished and any unexpended balance in that fund is transferred to
24-62 the waste management account; and
24-63 (9) the storage tank fund 583 is abolished and any
24-64 unexpended balance in that fund is transferred to the waste
24-65 management account.
24-66 SECTION 77. The changes in law made by this Act do not
24-67 authorize revenues that have been set aside by law for a particular
24-68 purpose to be used for a purpose that was not authorized by law
24-69 before the effective date of this Act. Except as otherwise
25-1 provided by another Act of the 75th Legislature, Regular Session,
25-2 1997, revenue dedicated to a particular purpose under the law in
25-3 effect on August 31, 1997, continues to be dedicated to that
25-4 purpose regardless of any provision of this Act consolidating,
25-5 renaming, or abolishing a particular fund or account.
25-6 SECTION 78. An appropriation made by the 75th Legislature,
25-7 Regular Session, to or from a fund abolished or consolidated by
25-8 this Act is, unless otherwise expressly provided, an appropriation
25-9 to or from, as appropriate, the account or fund provided by this
25-10 Act as the replacement fund for the sources of revenue formerly
25-11 credited to the abolished or consolidated fund.
25-12 SECTION 79. This Act takes effect September 1, 1997.
25-13 SECTION 80. The importance of this legislation and the
25-14 crowded condition of the calendars in both houses create an
25-15 emergency and an imperative public necessity that the
25-16 constitutional rule requiring bills to be read on three several
25-17 days in each house be suspended, and this rule is hereby suspended.
25-18 * * * * *