1-1 By: Lewis of Orange (Senate Sponsor - Fraser) H.B. No. 3444
1-2 (In the Senate - Received from the House May 13, 1999;
1-3 May 14, 1999, read first time and referred to Committee on Natural
1-4 Resources; May 14, 1999, reported favorably by the following vote:
1-5 Yeas 4, Nays 0; May 14, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the deposit to the credit of the oil-field cleanup fund
1-9 of certain fees and penalties collected by the Railroad Commission
1-10 of Texas.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 81.0531, Natural Resources Code, is
1-13 amended by adding Subsection (d) to read as follows:
1-14 (d) A penalty collected under this section shall be
1-15 deposited to the credit of the oil-field cleanup fund.
1-16 SECTION 2. Section 85.2021(d), Natural Resources Code, is
1-17 amended to read as follows:
1-18 (d) All fees collected under this section shall be deposited
1-19 in the state oil-field cleanup fund [except that fees to expedite a
1-20 drilling permit application shall be deposited in the general
1-21 revenue fund].
1-22 SECTION 3. Section 91.1013(c), Natural Resources Code, is
1-23 amended to read as follows:
1-24 (c) Fees collected under [Subsection (b) of] this section
1-25 shall be deposited in the state oil-field cleanup fund.
1-26 SECTION 4. Section 91.111(c), Natural Resources Code, is
1-27 amended to read as follows:
1-28 (c) The fund consists of:
1-29 (1) penalties imposed under Section 85.381 [of this
1-30 code] for violation of a law, order, or rule relating to well
1-31 plugging requirements;
1-32 (2) proceeds from bonds and other financial assurances
1-33 required by this chapter, subject to the refund provisions of
1-34 Section 91.1091 [of this code];
1-35 (3) private contributions, including contributions
1-36 made under Section 89.084 [of this code];
1-37 (4) expenses collected under Section 89.083 [of this
1-38 code];
1-39 (5) [drilling permit] fees imposed under [Subsections
1-40 (a) and (c) of] Section 85.2021 [of this code];
1-41 (6) civil penalties collected for violations of
1-42 Chapter 89 [of this code] or of rules or orders relating to
1-43 plugging that are adopted under this code;
1-44 (7) proceeds collected under Sections 89.085 and
1-45 91.115 [of this code];
1-46 (8) interest earned on the funds deposited in the
1-47 fund;
1-48 (9) fees collected under Section 91.104 [of this
1-49 code];
1-50 (10) civil penalties or costs recovered under Section
1-51 91.457 or [Section] 91.459 [of this code];
1-52 (11) oil and gas waste hauler permit application fees
1-53 collected under Section 29.015, Water Code;
1-54 (12) costs recovered under Section 91.113(f)
1-55 [Subsection (f) of Section 91.113 of this code];
1-56 (13) hazardous oil and gas waste generation fees
1-57 collected under Section 91.605 [of this code];
1-58 (14) oil-field cleanup regulatory fees on oil
1-59 collected under Section 81.116 [of this code];
1-60 (15) oil-field cleanup regulatory fees on gas
1-61 collected under Section 81.117 [of this code];
1-62 (16) fees for a reissued certificate collected under
1-63 Section 85.167 [of this code];
1-64 (17) fees collected under [Subsection (b) of] Section
2-1 91.1013 [of this code];
2-2 (18) fees collected under Section 89.088 [of this
2-3 code]; [and]
2-4 (19) penalties collected under Section 81.0531; and
2-5 (20) legislative appropriations.
2-6 SECTION 5. (a) This Act takes effect September 1, 1999.
2-7 (b) The change in law made by this Act applies only to a
2-8 penalty or fee collected under Section 81.0531, 85.2021, or
2-9 91.1013, Natural Resources Code, on or after the effective date of
2-10 this Act. A penalty or fee collected under Section 81.0531,
2-11 85.2021, or 91.1013, Natural Resources Code, before the effective
2-12 date of this Act is governed by the law in effect on the date the
2-13 penalty or fee was collected, and that law is continued in effect
2-14 for that purpose.
2-15 SECTION 6. The importance of this legislation and the
2-16 crowded condition of the calendars in both houses create an
2-17 emergency and an imperative public necessity that the
2-18 constitutional rule requiring bills to be read on three several
2-19 days in each house be suspended, and this rule is hereby suspended.
2-20 * * * * *