By Junell H.B. No. 2816
76R7231 MI-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fee on delivery of certain petroleum products and
1-3 the termination of the petroleum storage tank program.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 26.3574(b) and (y), Water Code, are
1-6 amended to read as follows:
1-7 (b) A fee is imposed on the delivery of a petroleum product
1-8 on withdrawal from bulk of that product as provided by this
1-9 subsection. Each operator of a bulk facility on withdrawal from
1-10 bulk of a petroleum product shall collect from the person who
1-11 orders the withdrawal a fee in an amount determined as follows:
1-12 (1) $12.50 [$25] for each delivery into a cargo tank
1-13 having a capacity of less than 2,500 gallons;
1-14 (2) $25 [$50] for each delivery into a cargo tank
1-15 having a capacity of 2,500 gallons or more but less than 5,000
1-16 gallons;
1-17 (3) $37.50 [$75] for each delivery into a cargo tank
1-18 having a capacity of 5,000 gallons or more but less than 8,000
1-19 gallons;
1-20 (4) $50 [$100] for each delivery into a cargo tank
1-21 having a capacity of 8,000 gallons or more but less than 10,000
1-22 gallons; and
1-23 (5) a $25 [$50] fee for each increment of 5,000
1-24 gallons or any part thereof delivered into a cargo tank having a
2-1 capacity of 10,000 gallons or more.
2-2 (y) If the unobligated balance in the petroleum storage tank
2-3 remediation account falls below $25 million, the fee shall be
2-4 reinstated, effective on the first day of the second month
2-5 following notification by the commission, in amounts determined as
2-6 follows:
2-7 (1) $6.25 [$12.50] for each delivery into a cargo tank
2-8 having a capacity of less than 2,500 gallons;
2-9 (2) $12.50 [$25] for each delivery into a cargo tank
2-10 having a capacity of 2,500 gallons or more but less than 5,000
2-11 gallons;
2-12 (3) $18.25 [$37.50] for each delivery into a cargo
2-13 tank having a capacity of 5,000 gallons or more but less than 8,000
2-14 gallons;
2-15 (4) $25 [$50] for each delivery into a cargo tank
2-16 having a capacity of 8,000 gallons or more but less than 10,000
2-17 gallons; and
2-18 (5) a $12.50 [$25] fee for each increment of 5,000
2-19 gallons or any part thereof delivered into a cargo tank having a
2-20 capacity of 10,000 gallons or more.
2-21 SECTION 2. Section 26.361, Water Code, is amended to read as
2-22 follows:
2-23 Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. (a)
2-24 Notwithstanding any other provision of this subchapter, the
2-25 reimbursement program established under this subchapter expires
2-26 September 1, 2003 [2001]. On or after September 1, 2003 [2001],
2-27 the commission may not[:]
3-1 [(1)] use money from the petroleum storage tank
3-2 remediation account to reimburse an eligible owner or operator for
3-3 any expenses of corrective action or to pay the claim of a person
3-4 who has contracted with an eligible owner or operator to perform
3-5 corrective action[; or]
3-6 [(2) collect a fee under Section 26.3574 of this
3-7 code].
3-8 (b) On or after September 1, 2001, the commission may not
3-9 collect a fee under Section 26.3574 of this code.
3-10 SECTION 3. This Act takes effect September 1, 1999.
3-11 SECTION 4. The importance of this legislation and the
3-12 crowded conditions of the calendars in both houses create an
3-13 emergency and an imperative public necessity that the
3-14 constitutional rule requiring bills to be read on three several
3-15 days in each house be suspended, and this rule is hereby suspended.