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.