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.
2-26 * * * * *