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.