1-1     By:  Brown                                             S.B. No. 814
 1-2           (In the Senate - Filed March 2, 1999; March 4, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     March 11, 1999, reported favorably by the following vote:  Yeas 4,
 1-5     Nays 0; March 11, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the reimbursement of the Railroad Commission of Texas
 1-9     for costs incurred by  the commission in relation to violations
1-10     relating to safety or the prevention or control of pollution.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Subsection (b), Section 91.104, Natural Resources
1-13     Code, is amended to read as follows:
1-14           (b)  A person required to file a bond under Section 91.103
1-15     [of this code] may choose to file:
1-16                 (1)  an individual bond as provided under Section
1-17     91.1041 [of this code];
1-18                 (2)  a blanket bond as provided under Section 91.1042
1-19     [of this code];
1-20                 (3)  a nonrefundable annual fee of $100, if the person
1-21     can demonstrate to the commission an acceptable record of
1-22     compliance with all commission rules, orders, licenses, permits, or
1-23     certificates that relate to safety or the prevention or control of
1-24     pollution for the previous 48 months and the person and, if a firm,
1-25     partnership, joint stock association, corporation, or other
1-26     organization, its officers, directors, general partners, or owners
1-27     of more than 25 percent ownership interest or any trustee:
1-28                       (A)  has no outstanding violations of such
1-29     commission rules, orders, licenses, permits, or certificates;
1-30                       (B)  has paid all administrative, civil, and
1-31     criminal penalties, if any, relating to any violation of such
1-32     commission rules, orders, licenses, permits, or certificates; and
1-33                       (C)  has paid all reimbursements of any costs and
1-34     expenses incurred [assessed] by the commission in relation to any
1-35     violation of such commission rules, orders, licenses, permits, or
1-36     certificates;
1-37                 (4)  a nonrefundable annual fee equal to three percent
1-38     of the bond that otherwise would be required; or
1-39                 (5)  to give a first lien on tangible personal property
1-40     associated with oil and gas production whose salvage value equals
1-41     the value of an individual bond under Section 91.1041 [of this
1-42     code] or the value of a blanket bond under Section 91.1042 [of this
1-43     code] that otherwise would be required.
1-44           SECTION 2.  Section 91.1091, Natural Resources Code, is
1-45     amended to read as follows:
1-46           Sec. 91.1091.  REFUND.  The commission shall refund the
1-47     proceeds from a bond or other form of security required under this
1-48     subchapter if:
1-49                 (1)  the conditions that caused the proceeds to be
1-50     collected are corrected;
1-51                 (2)  all administrative, civil, and criminal penalties
1-52     relating to those conditions are paid; and
1-53                 (3)  the commission has been reimbursed for all
1-54     [reimbursements of] costs and expenses incurred [assessed] by the
1-55     commission [to be  collected] in relation to those conditions [are
1-56     collected].
1-57           SECTION 3.  Subsection (d), Section 91.114, Natural Resources
1-58     Code, is amended to read as follows:
1-59           (d)  The commission shall accept the report or application or
1-60     approve the certificate if:
1-61                 (1)  the conditions that constituted the violation are
1-62     corrected or are being corrected in accordance with a schedule to
1-63     which the commission and the organization have agreed;
1-64                 (2)  all administrative, civil, and criminal penalties
 2-1     and all cleanup and plugging costs incurred by the state [and
 2-2     assessed or adjudged against the organization] relating to those
 2-3     conditions are paid or are being paid in accordance with a payment
 2-4     schedule to which the commission and the organization have agreed;
 2-5     and
 2-6                 (3)  the report, application, or certificate is in
 2-7     compliance with all other requirements of law and commission rules.
 2-8           SECTION 4.  The importance of this legislation and the
 2-9     crowded condition of the calendars in both houses create an
2-10     emergency and an imperative public necessity that the
2-11     constitutional rule requiring bills to be read on three several
2-12     days in each house be suspended, and this rule is hereby suspended,
2-13     and that this Act take effect and be in force from and after its
2-14     passage, and it is so enacted.         
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