LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 76th Regular Session
  
                                May 6, 1999
  
  
          TO:  Honorable Warren Chisum, Chair, House Committee on
               Environmental Regulation
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  SB 1433 by Duncan (Relating to the assessment of certain
               penalties and interest by the Texas Natural Resource
               Conservation Commission.), As Engrossed
  
**************************************************************************
*  Estimated Two-year Net Impact to General Revenue Related Funds for    *
*  SB1433, As Engrossed:  negative impact of $(296,000) through the      *
*  biennium ending August 31, 2001.                                      *
*                                                                        *
*  The bill would make no appropriation but could provide the legal      *
*  basis for an appropriation of funds to implement the provisions of    *
*  the bill.                                                             *
**************************************************************************
  
General Revenue-Related Funds, Five-Year Impact:
  
          ****************************************************
          *  Fiscal Year  Probable Net Positive/(Negative)   *
          *               Impact to General Revenue Related  *
          *                             Funds                *
          *       2000                           $(148,000)  *
          *       2001                            (148,000)  *
          *       2002                            (148,000)  *
          *       2003                            (148,000)  *
          *       2004                            (148,000)  *
          ****************************************************
  
All Funds, Five-Year Impact:
  
***************************************************************************
*Fiscal      Probable        Probable        Probable        Probable     *
* Year       Revenue         Revenue         Revenue         Revenue      *
*          Gain/(Loss)     Gain/(Loss)     Gain/(Loss)     Gain/(Loss)    *
*          from General     from Water    from Hazardous    from Solid    *
*          Revenue Fund      Quality     and Solid Waste  Waste Disposal  *
*              0001          Account/     Fees Account/    Fee Account/   *
*                          GR-Dedicated    GR-Dedicated    GR-Dedicated   *
*                              0153            0549            5000       *
*  2000        $(148,000)         $92,000         $28,000         $28,000 *
*  2001         (148,000)          92,000          28,000          28,000 *
*  2002         (148,000)          92,000          28,000          28,000 *
*  2003         (148,000)          92,000          28,000          28,000 *
*  2004         (148,000)          92,000          28,000          28,000 *
***************************************************************************
  
Fiscal Analysis
  
The bill would allow the Texas Natural Resource Conservation Commission
(TNRCC) to collect interest on the unpaid balance of recoverable costs
relating to oil and hazardous substance spill prevention and control;
corrective action or enforcement action taken with respect to the release
of regulated substances from an underground or aboveground storage tank;
and the cleanup of certain hazardous waste facilities.

The bill would establish a fee penalty amount and schedule but allow the
TNRCC executive director to waive a penalty or interest on a fee for
good cause.
  
  
Methodology
  
The bill would allow the TNRCC to collect penalties and interest on
certain unpaid balances of recoverable costs.  The TNRCC estimates that
penalties and interest from penalties in an annual amount of $128,000
would be redirected from the General Revenue Fund to the TNRCC account
to which the fee is required to be deposited.  The TNRCC does not
anticipate the revenue earned from interest on unpaid balance of
recoverable costs to the petroleum storage tank remediation account to
be of a significant amount.
  
  
Local Government Impact
  
No fiscal implication to units of local government is anticipated.
  
  
Source Agencies:   582   Natural Resource Conservation Commission, 304
                   Comptroller of Public Accounts
LBB Staff:         JK, DE, NS