SRC-ARR S.B. 1433 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 1433
76R932 MI-DBy: Duncan
Natural Resources
4/12/1999
As Filed


DIGEST 

Currently, Texas law authorizes the Texas Natural Resource Conservation
Commission (commission) to establish by rule consistent requirements for
the assessment of penalties and interest for late payment of fees owed the
state under the commission's jurisdiction. Penalties and interest
established under this authority may not exceed the rates established for
delinquent taxes under the Tax Code.  S.B. 1433 would authorize assessment
of certain penalties and interest by the Texas Natural Resource
Conservation Commission.  

PURPOSE

As proposed, S.B. 1433 authorizes assessment of certain penalties and
interest by the Texas Natural Resource Conservation Commission.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 5D, Water Code, by adding Section 5.125, as
follows: 

Sec. 5.125. PENALTIES AND INTEREST ON DELINQUENT FEES. Authorizes the Texas
Natural Resource Conservation Commission (commission) to collect certain
penalties for a delinquent fee due the commission under this code or the
Health and Safety Code. Provides that interest accrues beginning on the
61st day after the day on which the fee was due, on the total amount of fee
and penalties that have not been paid on or before the 61st day after the
day on which the fee was due, unless otherwise provided by law. Provides
that the yearly interest rate is the rate of interest established for
delinquent taxes under Section 111.060, Tax Code. Authorizes the executive
director for a good cause to waive a penalty or interest on a fee and
penalties authorized by this section. Requires penalties and interest
collected by the commission under this section or under other law, unless
that law otherwise provides, to be deposited to the credit of the fund or
account to which the fee is required to be deposited. 

SECTION 2. Amends Chapter 26G, Water Code, by adding Section 26.2651, as
follows: 

Sec. 26.2651. INTEREST ON UNPAID BALANCE OF RECOVERABLE COSTS. Authorizes
the commission to collect interest in the unpaid balance of costs
recoverable under Section 26.265. Provides that interest accrues beginning
on the date that the payment of a specified amount is demanded in writing
or the date the expenditure occurred, whichever is later. Provides that the
interest rate on the unpaid balance of the amounts recoverable is the same
as the rate established by the commission under Section 361.140, Health and
Safety Code. Requires interest collected to be deposited to the credit of
the account. 

SECTION 3. Amends Chapter 26I, Water Code, by adding Section 26.3551, as
follows: 

Sec.26.3551. INTEREST ON UNPAID BALANCE OF RECOVERABLE COSTS. Authorizes
the commission to collect interest in the unpaid balance of costs
recoverable under Section 26.265. Provides that interest accrues beginning
on the date that the payment  of a specified amount is demanded in writing
or the date the expenditure occurred, whichever is later. Provides that the
interest rate on the unpaid balance of the amounts recoverable is the same
as the rate established by the commission under Section 361.140, Health and
Safety Code. Requires interest collected under this subsection to be
deposited to the credit of the petroleum storage tank remediation account.  

SECTION 4. Amends Section 361.197, Health and Safety Code, by adding
Subsection (e), to authorize the commission to collect interest on the
unpaid balance of costs recoverable under Subsections (b) and (c). Provides
that interest accrues beginning on the date that the payment of a specified
amount is demanded in writing or the date the expenditure occurred,
whichever is later. Provides that the interest rate on the unpaid balance
of the amounts recoverable is the same as the rate established by the
commission under Section 361.140, Health and Safety Code. Require penalties
and interest collected under this section to be deposited to the credit of
the hazardous and solid waste remediation fee account. 

SECTION 5. Effective date: September 1, 1999.

SECTION 6. Makes application of this Act prospective.

SECTION 7. Emergency clause.