By Duncan                                             S.B. No. 1433
         76R932 MI-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the assessment of certain penalties and interest by the
 1-3     Texas Natural Resource Conservation Commission.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Subchapter D, Chapter 5, Water Code, is amended
 1-6     by adding Section 5.125 to read as follows:
 1-7           Sec. 5.125.  PENALTIES AND INTEREST ON DELINQUENT FEES.  (a)
 1-8     Except as otherwise provided by law, the commission may collect,
 1-9     for a delinquent fee due the commission under this code or the
1-10     Health and Safety Code:
1-11                 (1)  a penalty in an amount equal to five percent of
1-12     the amount of the fee due, if the fee is not paid on or before the
1-13     day on which the fee is due; and
1-14                 (2)  an additional penalty in an amount equal to five
1-15     percent of the amount due, if the fee is not paid on or before the
1-16     30th day after the day on which the fee was due.
1-17           (b)  Unless otherwise provided by law, interest accrues,
1-18     beginning on the 61st day after the day on which the fee was due,
1-19     on the total amount of fee and penalties that have not been paid on
1-20     or before the 61st day after the day on which the fee was due.  The
1-21     yearly interest rate is the rate of interest established for
1-22     delinquent taxes under Section 111.060, Tax Code.
1-23           (c)  The executive director for good cause may waive a
1-24     penalty or interest on a fee and penalties authorized by this
 2-1     section.
 2-2           (d)  Penalties and interest collected by the commission under
 2-3     this section or under other law, unless that law otherwise
 2-4     provides, shall be deposited to the credit of the fund or account
 2-5     to which the fee is required to be deposited.
 2-6           SECTION 2.  Subchapter G, Chapter 26, Water Code, is amended
 2-7     by adding Section 26.2651 to read as follows:
 2-8           Sec. 26.2651.  INTEREST ON UNPAID BALANCE OF RECOVERABLE
 2-9     COSTS.  The commission may collect interest on the unpaid balance
2-10     of costs recoverable under Section 26.265.  Interest accrues
2-11     beginning on the date that payment of a specified amount is
2-12     demanded in writing or the date the expenditure occurred, whichever
2-13     is later.  The interest rate on the unpaid balance of the amounts
2-14     recoverable is the same as the rate established by the commission
2-15     under Section 361.140, Health and Safety Code.  Interest collected
2-16     under this subsection shall be deposited to the credit of the
2-17     account.
2-18           SECTION 3.  Subchapter I, Chapter 26, Water Code, is amended
2-19     by adding Section 26.3551 to read as follows:
2-20           Sec. 26.3551.  INTEREST ON UNPAID BALANCE OF RECOVERABLE
2-21     COSTS.  The commission may collect interest on the unpaid balance
2-22     of costs recoverable  under Section 26.355.  Interest accrues
2-23     beginning on the date that payment of a specified amount is
2-24     demanded in writing or the date the expenditure occurred, whichever
2-25     is later.  The interest rate on the unpaid balance of the amounts
2-26     recoverable is the same as the rate established by the commission
2-27     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.