1-1 By: Duncan S.B. No. 1433 1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read 1-3 first time and referred to Committee on Natural Resources; 1-4 April 15, 1999, reported favorably by the following vote: Yeas 5, 1-5 Nays 0; April 15, 1999, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to the assessment of certain penalties and interest by the 1-9 Texas Natural Resource Conservation Commission. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Subchapter D, Chapter 5, Water Code, is amended 1-12 by adding Section 5.125 to read as follows: 1-13 Sec. 5.125. PENALTIES AND INTEREST ON DELINQUENT FEES. 1-14 (a) Except as otherwise provided by law, the commission may 1-15 collect, for a delinquent fee due the commission under this code or 1-16 the Health and Safety Code: 1-17 (1) a penalty in an amount equal to five percent of 1-18 the amount of the fee due, if the fee is not paid on or before the 1-19 day on which the fee is due; and 1-20 (2) an additional penalty in an amount equal to five 1-21 percent of the amount due, if the fee is not paid on or before the 1-22 30th day after the day on which the fee was due. 1-23 (b) Unless otherwise provided by law, interest accrues, 1-24 beginning on the 61st day after the day on which the fee was due, 1-25 on the total amount of fee and penalties that have not been paid on 1-26 or before the 61st day after the day on which the fee was due. The 1-27 yearly interest rate is the rate of interest established for 1-28 delinquent taxes under Section 111.060, Tax Code. 1-29 (c) The executive director for good cause may waive a 1-30 penalty or interest on a fee and penalties authorized by this 1-31 section. 1-32 (d) Penalties and interest collected by the commission under 1-33 this section or under other law, unless that law otherwise 1-34 provides, shall be deposited to the credit of the fund or account 1-35 to which the fee is required to be deposited. 1-36 SECTION 2. Subchapter G, Chapter 26, Water Code, is amended 1-37 by adding Section 26.2651 to read as follows: 1-38 Sec. 26.2651. INTEREST ON UNPAID BALANCE OF RECOVERABLE 1-39 COSTS. The commission may collect interest on the unpaid balance 1-40 of costs recoverable under Section 26.265. Interest accrues 1-41 beginning on the date that payment of a specified amount is 1-42 demanded in writing or the date the expenditure occurred, whichever 1-43 is later. The interest rate on the unpaid balance of the amounts 1-44 recoverable is the same as the rate established by the commission 1-45 under Section 361.140, Health and Safety Code. Interest collected 1-46 under this subsection shall be deposited to the credit of the 1-47 account. 1-48 SECTION 3. Subchapter I, Chapter 26, Water Code, is amended 1-49 by adding Section 26.3551 to read as follows: 1-50 Sec. 26.3551. INTEREST ON UNPAID BALANCE OF RECOVERABLE 1-51 COSTS. The commission may collect interest on the unpaid balance 1-52 of costs recoverable under Section 26.355. Interest accrues 1-53 beginning on the date that payment of a specified amount is 1-54 demanded in writing or the date the expenditure occurred, whichever 1-55 is later. The interest rate on the unpaid balance of the amounts 1-56 recoverable is the same as the rate established by the commission 1-57 under Section 361.140, Health and Safety Code. Interest collected 1-58 under this subsection shall be deposited to the credit of the 1-59 petroleum storage tank remediation account. 1-60 SECTION 4. Section 361.197, Health and Safety Code, is 1-61 amended by adding Subsection (e) to read as follows: 1-62 (e) The commission may collect interest on the unpaid 1-63 balance of costs recoverable under Subsections (b) and (c). 1-64 Interest accrues beginning on the date that payment of a specified 2-1 amount is demanded in writing or the date the expenditure occurred, 2-2 whichever is later. The interest rate on the unpaid balance of the 2-3 amounts recoverable is the same as the rate established by the 2-4 commission under Section 361.140. Penalties and interest collected 2-5 under this subsection shall be deposited to the credit of the 2-6 hazardous and solid waste remediation fee account. 2-7 SECTION 5. This Act takes effect September 1, 1999. 2-8 SECTION 6. The changes in law made by this Act apply only to 2-9 fees that become due or costs that are incurred by the Texas 2-10 Natural Resource Conservation Commission on or after September 1, 2-11 1999. 2-12 SECTION 7. The importance of this legislation and the 2-13 crowded condition of the calendars in both houses create an 2-14 emergency and an imperative public necessity that the 2-15 constitutional rule requiring bills to be read on three several 2-16 days in each house be suspended, and this rule is hereby suspended. 2-17 * * * * *