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.