1-1     By:  Fraser                                           S.B. No. 1403
 1-2           (In the Senate - Filed March 11, 1999; March 15, 1999, read
 1-3     first time and referred to Committee on Natural Resources;
 1-4     May 12, 1999, reported favorably, as amended, by the following
 1-5     vote:  Yeas 5, Nays 0; May 12, 1999, sent to printer.)
 1-6     COMMITTEE AMENDMENT NO. 1                           By:  Armbrister
 1-7           Amend S.B. No. 1403 on page 2, line 10, by striking Section 5
 1-8     in its entirety and renumbering subsequent sections accordingly.
 1-9                            A BILL TO BE ENTITLED
1-10                                   AN ACT
1-11     relating to the deposit to the credit of the oil-field cleanup fund
1-12     of certain fees and penalties collected by the Railroad Commission
1-13     of Texas.
1-14           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15           SECTION 1.  Section 81.0531, Natural Resources Code, is
1-16     amended by adding Subsection (d) to read as follows:
1-17           (d)  A penalty collected under this section shall be
1-18     deposited to the credit of the oil-field cleanup fund.
1-19           SECTION 2.  Subsection (d), Section 85.2021, Natural
1-20     Resources Code, is amended to read as follows:
1-21           (d)  All fees collected under this section shall be deposited
1-22     in the state oil-field cleanup fund [except that fees to expedite a
1-23     drilling permit application shall be deposited in the general
1-24     revenue fund].
1-25           SECTION 3.  Subsection (c), Section 91.1013, Natural
1-26     Resources Code, is amended to read as follows:
1-27           (c)  Fees collected under [Subsection (b) of] this section
1-28     shall be deposited in the state oil-field cleanup fund.
1-29           SECTION 4.  Subsection (c), Section 91.111, Natural Resources
1-30     Code, is amended to read as follows:
1-31           (c)  The fund consists of:
1-32                 (1)  penalties imposed under Section 85.381 [of this
1-33     code] for violation of a law, order, or rule relating to well
1-34     plugging requirements;
1-35                 (2)  proceeds from bonds and other financial assurances
1-36     required by this chapter, subject to the refund provisions of
1-37     Section 91.1091 [of this code];
1-38                 (3)  private contributions, including contributions
1-39     made under Section 89.084 [of this code];
1-40                 (4)  expenses collected under Section 89.083 [of this
1-41     code];
1-42                 (5)  [drilling permit] fees imposed under [Subsections
1-43     (a) and (c) of] Section 85.2021 [of this code];
1-44                 (6)  civil penalties collected for violations of
1-45     Chapter 89 [of this code] or of rules or orders relating to
1-46     plugging that are adopted under this code;
1-47                 (7)  proceeds collected under Sections 89.085 and
1-48     91.115 [of this code];
1-49                 (8)  interest earned on the funds deposited in the
1-50     fund;
1-51                 (9)  fees collected under Section 91.104 [of this
1-52     code];
1-53                 (10)  civil penalties or costs recovered under Section
1-54     91.457 or [Section] 91.459 [of this code];
1-55                 (11)  oil and gas waste hauler permit application fees
1-56     collected under Section 29.015, Water Code;
1-57                 (12)  costs recovered under Section 91.113(f)
1-58     [Subsection (f) of Section 91.113 of this code];
1-59                 (13)  hazardous oil and gas waste generation fees
1-60     collected under Section 91.605 [of this code];
1-61                 (14)  oil-field cleanup regulatory fees on oil
1-62     collected under Section 81.116 [of this code];
1-63                 (15)  oil-field cleanup regulatory fees on gas
 2-1     collected under Section 81.117 [of this code];
 2-2                 (16)  fees for a reissued certificate collected under
 2-3     Section 85.167 [of this code];
 2-4                 (17)  fees collected under [Subsection (b) of] Section
 2-5     91.1013 [of this code];
 2-6                 (18)  fees collected under Section 89.088 [of this
 2-7     code]; [and]
 2-8                 (19)  penalties collected under Section 81.0531; and
 2-9                 (20)  legislative appropriations.
2-10           SECTION 5.  Section 34, Chapter 603, Acts of the 72nd
2-11     Legislature, Regular Session, 1991, is repealed.
2-12           SECTION 6.  (a)  This Act takes effect September 1, 1999.
2-13           (b)  The change in law made by this Act applies only to a
2-14     penalty or fee collected under Section 81.0531, 85.2021, or
2-15     91.1013, Natural Resources Code, on or after the effective date of
2-16     this Act.  A penalty or fee collected under Section 81.0531,
2-17     85.2021, or 91.1013, Natural Resources Code, before the effective
2-18     date of this Act is governed by the law in effect on the date the
2-19     penalty or fee was collected, and that law is continued in effect
2-20     for that purpose.
2-21           SECTION 7.  The importance of this legislation and the
2-22     crowded condition of the calendars in both houses create an
2-23     emergency and an imperative public necessity that the
2-24     constitutional rule requiring bills to be read on three several
2-25     days in each house be suspended, and this rule is hereby suspended.
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