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.
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