By: Duncan S.B. No. 1433 A BILL TO BE ENTITLED AN ACT 1-1 relating to the assessment of certain penalties and interest by the 1-2 Texas Natural Resource Conservation Commission. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-5 by adding Section 5.125 to read as follows: 1-6 Sec. 5.125. PENALTIES AND INTEREST ON DELINQUENT FEES. 1-7 (a) Except as otherwise provided by law, the commission may 1-8 collect, for a delinquent fee due the commission under this code or 1-9 the Health and Safety Code: 1-10 (1) a penalty in an amount equal to five percent of 1-11 the amount of the fee due, if the fee is not paid on or before the 1-12 day on which the fee is due; and 1-13 (2) an additional penalty in an amount equal to five 1-14 percent of the amount due, if the fee is not paid on or before the 1-15 30th day after the day on which the fee was due. 1-16 (b) Unless otherwise provided by law, interest accrues, 1-17 beginning on the 61st day after the day on which the fee was due, 1-18 on the total amount of fee and penalties that have not been paid on 1-19 or before the 61st day after the day on which the fee was due. The 1-20 yearly interest rate is the rate of interest established for 1-21 delinquent taxes under Section 111.060, Tax Code. 1-22 (c) The executive director for good cause may waive a 1-23 penalty or interest on a fee and penalties authorized by this 1-24 section. 2-1 (d) Penalties and interest collected by the commission under 2-2 this section or under other law, unless that law otherwise 2-3 provides, shall be deposited to the credit of the fund or account 2-4 to which the fee is required to be deposited. 2-5 SECTION 2. Subchapter G, Chapter 26, Water Code, is amended 2-6 by adding Section 26.2651 to read as follows: 2-7 Sec. 26.2651. INTEREST ON UNPAID BALANCE OF RECOVERABLE 2-8 COSTS. The commission may collect interest on the unpaid balance 2-9 of costs recoverable under Section 26.265. Interest accrues 2-10 beginning on the date that payment of a specified amount is 2-11 demanded in writing or the date the expenditure occurred, whichever 2-12 is later. The interest rate on the unpaid balance of the amounts 2-13 recoverable is the same as the rate established by the commission 2-14 under Section 361.140, Health and Safety Code. Interest collected 2-15 under this subsection shall be deposited to the credit of the 2-16 account. 2-17 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended 2-18 by adding Section 26.3551 to read as follows: 2-19 Sec. 26.3551. INTEREST ON UNPAID BALANCE OF RECOVERABLE 2-20 COSTS. The commission may collect interest on the unpaid balance 2-21 of costs recoverable under Section 26.355. Interest accrues 2-22 beginning on the date that payment of a specified amount is 2-23 demanded in writing or the date the expenditure occurred, whichever 2-24 is later. The interest rate on the unpaid balance of the amounts 2-25 recoverable is the same as the rate established by the commission 2-26 under Section 361.140, Health and Safety Code. Interest collected 3-1 under this subsection shall be deposited to the credit of the 3-2 petroleum storage tank remediation account. 3-3 SECTION 4. Section 361.197, Health and Safety Code, is 3-4 amended by adding Subsection (e) to read as follows: 3-5 (e) The commission may collect interest on the unpaid 3-6 balance of costs recoverable under Subsections (b) and (c). 3-7 Interest accrues beginning on the date that payment of a specified 3-8 amount is demanded in writing or the date the expenditure occurred, 3-9 whichever is later. The interest rate on the unpaid balance of the 3-10 amounts recoverable is the same as the rate established by the 3-11 commission under Section 361.140. Penalties and interest collected 3-12 under this subsection shall be deposited to the credit of the 3-13 hazardous and solid waste remediation fee account. 3-14 SECTION 5. This Act takes effect September 1, 1999. 3-15 SECTION 6. The changes in law made by this Act apply only to 3-16 fees that become due or costs that are incurred by the Texas 3-17 Natural Resource Conservation Commission on or after September 1, 3-18 1999. 3-19 SECTION 7. The importance of this legislation and the 3-20 crowded condition of the calendars in both houses create an 3-21 emergency and an imperative public necessity that the 3-22 constitutional rule requiring bills to be read on three several 3-23 days in each house be suspended, and this rule is hereby suspended.