By Fraser                                             S.B. No. 1403
         76R6739 SMJ-F                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the deposit to the credit of the oil-field cleanup fund
 1-3     of certain fees and penalties collected by the Railroad Commission
 1-4     of Texas.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 81.0531, Natural Resources Code, is
 1-7     amended by adding Subsection (d) to read as follows:
 1-8           (d)  A penalty collected under this section shall be
 1-9     deposited to the credit of the oil-field cleanup fund.
1-10           SECTION 2.  Section 85.2021(d), Natural Resources Code, is
1-11     amended to read as follows:
1-12           (d)  All fees collected under this section shall be deposited
1-13     in the state oil-field cleanup fund [except that fees to expedite a
1-14     drilling permit application shall be deposited in the general
1-15     revenue fund].
1-16           SECTION 3.  Section 91.1013(c), Natural Resources Code, is
1-17     amended to read as follows:
1-18           (c)  Fees collected under [Subsection (b) of] this section
1-19     shall be deposited in the state oil-field cleanup fund.
1-20           SECTION 4.  Section 91.111(c), Natural Resources Code, is
1-21     amended to read as follows:
1-22           (c)  The fund consists of:
1-23                 (1)  penalties imposed under Section 85.381 [of this
1-24     code] for violation of a law, order, or rule relating to well
 2-1     plugging requirements;
 2-2                 (2)  proceeds from bonds and other financial assurances
 2-3     required by this chapter, subject to the refund provisions of
 2-4     Section 91.1091 [of this code];
 2-5                 (3)  private contributions, including contributions
 2-6     made under Section 89.084 [of this code];
 2-7                 (4)  expenses collected under Section 89.083 [of this
 2-8     code];
 2-9                 (5)  [drilling permit] fees imposed under [Subsections
2-10     (a) and (c) of] Section 85.2021 [of this code];
2-11                 (6)  civil penalties collected for violations of
2-12     Chapter 89 [of this code] or of rules or orders relating to
2-13     plugging that are adopted under this code;
2-14                 (7)  proceeds collected under Sections 89.085 and
2-15     91.115 [of this code];
2-16                 (8)  interest earned on the funds deposited in the
2-17     fund;
2-18                 (9)  fees collected under Section 91.104 [of this
2-19     code];
2-20                 (10)  civil penalties or costs recovered under Section
2-21     91.457 or [Section] 91.459 [of this code];
2-22                 (11)  oil and gas waste hauler permit application fees
2-23     collected under Section 29.015, Water Code;
2-24                 (12)  costs recovered under Section 91.113(f)
2-25     [Subsection (f) of Section 91.113 of this code];
2-26                 (13)  hazardous oil and gas waste generation fees
2-27     collected under Section 91.605 [of this code];
 3-1                 (14)  oil-field cleanup regulatory fees on oil
 3-2     collected under Section 81.116 [of this code];
 3-3                 (15)  oil-field cleanup regulatory fees on gas
 3-4     collected under Section 81.117 [of this code];
 3-5                 (16)  fees for a reissued certificate collected under
 3-6     Section 85.167 [of this code];
 3-7                 (17)  fees collected under [Subsection (b) of] Section
 3-8     91.1013 [of this code];
 3-9                 (18)  fees collected under Section 89.088 [of this
3-10     code]; [and]
3-11                 (19)  penalties collected under Section 81.0531; and
3-12                 (20)  legislative appropriations.
3-13           SECTION 5.  Section 34, Chapter 603, Acts of the 72nd
3-14     Legislature, Regular Session, 1991, is repealed.
3-15           SECTION 6.  (a)  This Act takes effect September 1, 1999.
3-16           (b)  The change in law made by this Act applies only to a
3-17     penalty or fee collected under Section 81.0531, 85.2021, or
3-18     91.1013, Natural Resources Code, on or after the effective date of
3-19     this Act.  A penalty or fee collected under Section 81.0531,
3-20     85.2021, or 91.1013, Natural Resources Code, before the effective
3-21     date of this Act is governed by the law in effect on the date the
3-22     penalty or fee was collected, and that law is continued in effect
3-23     for that purpose.
3-24           SECTION 7.  The importance of this legislation and the
3-25     crowded condition of the calendars in both houses create an
3-26     emergency and an imperative public necessity that the
3-27     constitutional rule requiring bills to be read on three several
 4-1     days in each house be suspended, and this rule is hereby suspended.