Amend HB 1172 by striking SECTION 32 of the bill and
substituting the following:
      "SECTION 32.  Section 402.2721, Health and Safety Code, is
amended by amending Subsections (d)-(g) and adding Subsection (i)
to read as follows:
      (d)  Fees established under this section shall:
            (1)  <include minimum and maximum annual fees in an
amount of at least $5 million for the 1992-1993 biennium to pay for
the estimated costs of administering, implementing, and planning
the activities authorized by this chapter and shall include at
least $5 million to reimburse the general revenue fund for
appropriations expended and incurred by the authority in selecting,
characterizing, and licensing a disposal site;>
            <(2)>  take into account<,> the projected annual volume
and the relative hazard presented by each type of low-level
radioactive waste generated;
            (2) <(3)>  be collected by the department as provided
by Subchapter H, Chapter 401;
            (3) <(4)>  be deposited in the state treasury to the
credit of the low-level radioactive waste fund<, except that at
least $10 million assessed and collected in the 1992-1993 biennium
to reimburse the general revenue fund for expenses incurred prior
to September 1, 1991, shall be deposited in the state treasury to
the credit of the general revenue fund>;
            (4) <(5)>  be paid in four quarterly equal installments
beginning on January 1, 1992, and annually thereafter; and
            (5) <(6)>  expire on the date the authority begins
operation of a disposal facility.
      (e)  Fees established under this section may not:
            (1)  be assessed before the fiscal year following the
fiscal year in which the balance in the low-level radioactive waste
fund falls below $4 million;
            (2)  be assessed in an amount that would result in a
total amount of fees assessed that exceeds $3 million in any fiscal
biennium; or
            (3)  be collected at any time the low-level radioactive
waste fund balance is $9 million or more.
      (f)  For each <the 1996-1997> biennium <and subsequent
bienniums>, the board shall assess a surcharge of 10 percent of the
fee established for the biennium.
      <(f)  For the 1994-1995 biennium only, the board shall assess
a surcharge of 10 percent of the fee established for the 1992-1993
biennium.>
      (g)  Surcharges assessed under Subsection <Subsections (e)
and> (f) shall be used to fund local public projects under
Subchapter I.
      (h)  In determining relative hazard, the board shall consider
the radioactive, physical, and chemical properties of each type of
low-level radioactive waste.
      (i)  On termination of the imposition of fees under
Subsection (d)(5), the balance of the low-level radioactive waste
fund attributable to planning and implementation fees shall be
transferred to a separate account in the fund and credited pro rata
to generators who have paid planning and implementation fees.  A
generator who on the date the imposition of the fees is terminated
has paid all planning and implementation fees owed by the generator
under this section shall receive a credit equal to the amount of
the generator's pro rata share in the account established under
this section against waste disposal fees the generator is required
to pay under Section 402.272 until the balance of the generator's
pro rata share in the account is exhausted.  A generator who on the
date the imposition of the fees is terminated owes planning and
implementation fees under this section is not eligible for the
credit."