By Uher H.B. No. 1541
76R4034 MXM-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to planning and implementation fees for a radioactive
1-3 waste disposal site.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 401.301(b), Health and Safety Code, is
1-6 amended to read as follows:
1-7 (b) The board by rule shall set the fee in an amount that
1-8 may not exceed the actual expenses annually incurred to:
1-9 (1) process applications for licenses or
1-10 registrations;
1-11 (2) amend or renew licenses or registrations;
1-12 (3) make inspections of license holders and
1-13 registrants; and
1-14 (4) enforce this chapter and rules, orders, licenses,
1-15 and registrations under this chapter[; and]
1-16 [(5) collect payments to the low-level waste fund and
1-17 general revenue as provided by Section 402.2721].
1-18 SECTION 2. Section 402.252(a), Health and Safety Code, is
1-19 amended to read as follows:
1-20 (a) The board shall quarterly transfer money in the
1-21 low-level waste fund generated by [planning and implementation fee
1-22 surcharges under Sections 402.2721(e) and (f), and] that portion
1-23 of waste disposal fees identifiable as adopted for the purposes of
1-24 Sections 402.273(a)(3) and (b) to the commissioners court of the
2-1 host county.
2-2 SECTION 3. Section 402.271, Health and Safety Code, is
2-3 amended to read as follows:
2-4 Sec. 402.271. AUTHORITY'S EXPENSES. The authority's
2-5 expenses shall be paid from:
2-6 (1) waste disposal fees;
2-7 (2) [planning and implementation fees;]
2-8 [(3)] proceeds from the sale of bonds under Subchapter
2-9 K;
2-10 (3) [(4)] contributions from members of a low-level
2-11 waste compact entered into under Section 402.219(c);
2-12 (4) [(5)] surcharge rebates made by the United States
2-13 Department of Energy pursuant to Pub.L. No. 99-240;
2-14 (5) [(6)] appropriations made by the legislature; and
2-15 (6) [(7)] other receipts, fees, and interest earned in
2-16 funds authorized by or collected under this subchapter and
2-17 deposited in the low-level waste fund.
2-18 SECTION 4. Section 402.275(c), Health and Safety Code, is
2-19 amended to read as follows:
2-20 (c) Money received by the authority, including waste
2-21 disposal fees, [planning and implementation fees, surcharges on
2-22 planning and implementation fees,] processing and packaging fees,
2-23 civil penalties, payments to the State of Texas under Public Law
2-24 99-240, and other receipts collected by the authority under this
2-25 chapter shall be deposited to the credit of the low-level waste
2-26 fund.
2-27 SECTION 5. Sections 401.306 and 402.2721, Health and Safety
3-1 Code, are repealed.
3-2 SECTION 6. This Act takes effect September 1, 1999.
3-3 SECTION 7. (a) A person required on January 1, 1999, to pay
3-4 the annual planning and implementation fee imposed by Section
3-5 402.2721, Health and Safety Code, repealed by this Act, is liable
3-6 for any quarterly payment of that fee that accrues or remains
3-7 unpaid on or after September 1, 1999, including any surcharge.
3-8 (b) Planning and implementation fees imposed by Section
3-9 402.2721, Health and Safety Code, repealed by this Act, that are
3-10 collected on or after September 1, 1999, shall be deposited to the
3-11 credit of the low-level waste fund.
3-12 SECTION 8. The importance of this legislation and the
3-13 crowded condition of the calendars in both houses create an
3-14 emergency and an imperative public necessity that the
3-15 constitutional rule requiring bills to be read on three several
3-16 days in each house be suspended, and this rule is hereby suspended.