By: Brown S.B. No. 947
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. Subsection (c), Section 91.111, Natural Resources
1-5 Code, is 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;
1-24 (9) fees collected under Section 91.104;
1-25 (10) civil penalties or costs recovered under Section
2-1 91.457 or 91.459;
2-2 (11) oil and gas waste hauler permit application fees
2-3 collected under Section 29.015, Water Code;
2-4 (12) costs recovered under Section 91.113(f);
2-5 (13) hazardous oil and gas waste generation fees
2-6 collected under Section 91.605;
2-7 (14) oil-field cleanup regulatory fees on oil
2-8 collected under Section 81.116;
2-9 (15) oil-field cleanup regulatory fees on gas
2-10 collected under Section 81.117;
2-11 (16) fees for a reissued certificate collected under
2-12 Section 85.167;
2-13 (17) fees collected under Section 91.1013;
2-14 (18) fees collected under Section 89.088;
2-15 (19) penalties collected under Section 81.0531; [and]
2-16 (20) legislative appropriations; and
2-17 (21) the proceeds of loans made to or other
2-18 indebtedness incurred by the commission.
2-19 SECTION 2. Subsection (a), Section 91.112, Natural Resources
2-20 Code, is amended to read as follows:
2-21 (a) Money in the fund may be used by the commission or its
2-22 employees or agents for:
2-23 (1) conducting a site investigation or environmental
2-24 assessment to determine:
2-25 (A) the nature and extent of contamination
2-26 caused by oil and gas wastes or other substances or materials
3-1 regulated by the commission under Section 91.101; and
3-2 (B) the measures that should be taken to control
3-3 or clean up the wastes, substances, or materials described in
3-4 Paragraph (A);
3-5 (2) controlling or cleaning up oil and gas wastes or
3-6 other substances or materials regulated by the commission under
3-7 Section 91.101 that are causing or are likely to cause the
3-8 pollution of surface or subsurface water, consistent with Section
3-9 91.113;
3-10 (3) plugging abandoned wells and administering or
3-11 enforcing permits, orders, and rules relating to the commission's
3-12 authority to prevent pollution under this chapter, Chapter 89, or
3-13 any other law administered or enforced by the commission under
3-14 Title 3;
3-15 (4) implementing Subchapter N and enforcing rules,
3-16 orders, and permits adopted or issued under that subchapter; [and]
3-17 (5) preparing the report required under Subsection
3-18 (b); and
3-19 (6) repaying a loan made to or other indebtedness
3-20 incurred by the commission the proceeds of which have been
3-21 deposited to the credit of the fund.
3-22 SECTION 3. This Act takes effect immediately if it receives
3-23 a vote of two-thirds of all the members elected to each house, as
3-24 provided by Section 39, Article III, Texas Constitution. If this
3-25 Act does not receive the vote necessary for immediate effect, this
3-26 Act takes effect September 1, 2001.