By Lewis of Orange H.B. No. 3220
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the composition and use of the oil-field cleanup fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 91.111(c), Natural Resources Code, is
1-5 amended to read as follows:
1-6 (c) The fund consists of:
1-7 (1) penalties imposed under Section 85.381 for
1-8 violation of a law, order, or rule relating to well plugging
1-9 requirements;
1-10 (2) proceeds from bonds and other financial assurances
1-11 required by this chapter, subject to the refund provisions of
1-12 Section 91.1091;
1-13 (3) private contributions, including contributions
1-14 made under Section 89.084;
1-15 (4) expenses collected under Section 89.083;
1-16 (5) fees imposed under Section 85.2021;
1-17 (6) civil penalties collected for violations of
1-18 Chapter 89 or of rules or orders relating to plugging that are
1-19 adopted under this code;
1-20 (7) proceeds collected under Sections 89.085 and
1-21 91.115;
1-22 (8) interest earned on the funds deposited in the
1-23 fund;
2-1 (9) fees collected under Section 91.104;
2-2 (10) civil penalties or costs recovered under Section
2-3 91.457 or 91.459;
2-4 (11) oil and gas waste hauler permit application fees
2-5 collected under Section 29.015, Water Code;
2-6 (12) costs recovered under Section 91.113(f);
2-7 (13) hazardous oil and gas waste generation fees
2-8 collected under Section 91.605;
2-9 (14) oil-field cleanup regulatory fees on oil
2-10 collected under Section 81.116;
2-11 (15) oil-field cleanup regulatory fees on gas
2-12 collected under Section 81.117;
2-13 (16) fees for a reissued certificate collected under
2-14 Section 85.167;
2-15 (17) fees collected under Section 91.1013;
2-16 (18) fees collected under Section 89.088;
2-17 (19) penalties collected under Section 81.0531; [and]
2-18 (20) legislative appropriations; and
2-19 (21) the proceeds of loans made to or other
2-20 indebtedness incurred by the commission.
2-21 SECTION 2. Section 91.112(a), Natural Resources Code, is
2-22 amended to read as follows:
2-23 (a) Money in the fund may be used by the commission or its
2-24 employees or agents for:
2-25 (1) conducting a site investigation or environmental
2-26 assessment to determine:
3-1 (A) the nature and extent of contamination
3-2 caused by oil and gas wastes or other substances or materials
3-3 regulated by the commission under Section 91.101; and
3-4 (B) the measures that should be taken to control
3-5 or clean up the wastes, substances, or materials described in
3-6 Paragraph (A);
3-7 (2) controlling or cleaning up oil and gas wastes or
3-8 other substances or materials regulated by the commission under
3-9 Section 91.101 that are causing or are likely to cause the
3-10 pollution of surface or subsurface water, consistent with Section
3-11 91.113;
3-12 (3) plugging abandoned wells and administering or
3-13 enforcing permits, orders, and rules relating to the commission's
3-14 authority to prevent pollution under this chapter, Chapter 89, or
3-15 any other law administered or enforced by the commission under
3-16 Title 3;
3-17 (4) implementing Subchapter N and enforcing rules,
3-18 orders, and permits adopted or issued under that subchapter; [and]
3-19 (5) preparing the report required under Subsection
3-20 (b); and
3-21 (6) repaying a loan made to or other indebtedness
3-22 incurred by the commission the proceeds of which have been
3-23 deposited to the credit of the fund.
3-24 SECTION 3. This Act takes effect immediately if it receives
3-25 a vote of two-thirds of all the members elected to each house, as
3-26 provided by Section 39, Article III, Texas Constitution. If this
4-1 Act does not receive the vote necessary for immediate effect, this
4-2 Act takes effect September 1, 2001.