By Puente                                             H.B. No. 3534
         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 operating permit fees for air pollutant emissions.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1. Section 382.0621(d), Health and Safety Code, is
 1-5     amended to read as follows:
 1-6           (d)  For the state fiscal years ending August 31, 2003, and
 1-7     August 31, 2004, the fee imposed under this section may not exceed
 1-8     $20 per ton of each [Except as provided by this section, the
 1-9     commission may not impose a fee for any amount of emissions of an]
1-10     air contaminant regulated under the federal Clean Air Act
1-11     Amendments of 1990 (Pub. L. No. 101-549) [in excess of 4,000 tons
1-12     per year from any source.]  On and after September 1, 2001, for a
1-13     facility that is not subject to the requirement to obtain a permit
1-14     under Section 382.0518(g) that does not have a permit application
1-15     pending, the commission shall:
1-16                 ((1)  impose a fee under this section for all
1-17     emissions, including emissions in excess of 4,000 tons; and
1-18                 ((2)  treble the amount of the fee imposed for
1-19     emissions in excess of 4,000 tons each fiscal year.
1-20           SECTION 2.  This Act takes effect immediately if it receives
1-21     a vote of two-thirds of all the members elected to each house, as
1-22     provided by Section 39, Article III, Texas Constitution.  If this
1-23     Act does not receive the vote necessary for immediate effect, this
 2-1     Act takes effect September 1, 2002.