AN ACT
1-1 relating to the reimbursement of the Railroad Commission of Texas
1-2 for costs incurred by the commission in relation to violations
1-3 relating to safety or the prevention or control of pollution.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Subsection (b), Section 91.104, Natural Resources
1-6 Code, is amended to read as follows:
1-7 (b) A person required to file a bond under Section 91.103
1-8 [of this code] may choose to file:
1-9 (1) an individual bond as provided under Section
1-10 91.1041 [of this code];
1-11 (2) a blanket bond as provided under Section 91.1042
1-12 [of this code];
1-13 (3) a nonrefundable annual fee of $100, if the person
1-14 can demonstrate to the commission an acceptable record of
1-15 compliance with all commission rules, orders, licenses, permits, or
1-16 certificates that relate to safety or the prevention or control of
1-17 pollution for the previous 48 months and the person and, if a firm,
1-18 partnership, joint stock association, corporation, or other
1-19 organization, its officers, directors, general partners, or owners
1-20 of more than 25 percent ownership interest or any trustee:
1-21 (A) has no outstanding violations of such
1-22 commission rules, orders, licenses, permits, or certificates;
1-23 (B) has paid all administrative, civil, and
1-24 criminal penalties, if any, relating to any violation of such
2-1 commission rules, orders, licenses, permits, or certificates; and
2-2 (C) has paid all reimbursements of any costs and
2-3 expenses incurred [assessed] by the commission in relation to any
2-4 violation of such commission rules, orders, licenses, permits, or
2-5 certificates;
2-6 (4) a nonrefundable annual fee equal to three percent
2-7 of the bond that otherwise would be required; or
2-8 (5) to give a first lien on tangible personal property
2-9 associated with oil and gas production whose salvage value equals
2-10 the value of an individual bond under Section 91.1041 [of this
2-11 code] or the value of a blanket bond under Section 91.1042 [of this
2-12 code] that otherwise would be required.
2-13 SECTION 2. Section 91.1091, Natural Resources Code, is
2-14 amended to read as follows:
2-15 Sec. 91.1091. REFUND. The commission shall refund the
2-16 proceeds from a bond or other form of security required under this
2-17 subchapter if:
2-18 (1) the conditions that caused the proceeds to be
2-19 collected are corrected;
2-20 (2) all administrative, civil, and criminal penalties
2-21 relating to those conditions are paid; and
2-22 (3) the commission has been reimbursed for all
2-23 [reimbursements of] costs and expenses incurred [assessed] by the
2-24 commission [to be collected] in relation to those conditions [are
2-25 collected].
2-26 SECTION 3. Subsection (d), Section 91.114, Natural Resources
3-1 Code, is amended to read as follows:
3-2 (d) The commission shall accept the report or application or
3-3 approve the certificate if:
3-4 (1) the conditions that constituted the violation are
3-5 corrected or are being corrected in accordance with a schedule to
3-6 which the commission and the organization have agreed;
3-7 (2) all administrative, civil, and criminal penalties
3-8 and all cleanup and plugging costs incurred by the state [and
3-9 assessed or adjudged against the organization] relating to those
3-10 conditions are paid or are being paid in accordance with a payment
3-11 schedule to which the commission and the organization have agreed;
3-12 and
3-13 (3) the report, application, or certificate is in
3-14 compliance with all other requirements of law and commission rules.
3-15 SECTION 4. The importance of this legislation and the
3-16 crowded condition of the calendars in both houses create an
3-17 emergency and an imperative public necessity that the
3-18 constitutional rule requiring bills to be read on three several
3-19 days in each house be suspended, and this rule is hereby suspended,
3-20 and that this Act take effect and be in force from and after its
3-21 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 814 passed the Senate on
March 18, 1999, by the following vote: Yeas 31, Nays 0.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 814 passed the House on
April 16, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor