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.