1-1 By: Brown S.B. No. 947
1-2 (In the Senate - Filed February 26, 2001; February 28, 2001,
1-3 read first time and referred to Committee on Natural Resources;
1-4 March 26, 2001, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; March 26, 2001,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 947 By: Brown
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to the composition and use of the oil-field cleanup fund.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Subsection (c), Section 91.111, Natural Resources
1-13 Code, is amended to read as follows:
1-14 (c) The fund consists of:
1-15 (1) penalties imposed under Section 85.381 for
1-16 violation of a law, order, or rule relating to well plugging
1-17 requirements;
1-18 (2) proceeds from bonds and other financial assurances
1-19 required by this chapter, subject to the refund provisions of
1-20 Section 91.1091;
1-21 (3) private contributions, including contributions
1-22 made under Section 89.084;
1-23 (4) expenses collected under Section 89.083;
1-24 (5) fees imposed under Section 85.2021;
1-25 (6) civil penalties collected for violations of
1-26 Chapter 89 or of rules or orders relating to plugging that are
1-27 adopted under this code;
1-28 (7) proceeds collected under Sections 89.085 and
1-29 91.115;
1-30 (8) interest earned on the funds deposited in the
1-31 fund;
1-32 (9) fees collected under Section 91.104;
1-33 (10) civil penalties or costs recovered under Section
1-34 91.457 or 91.459;
1-35 (11) oil and gas waste hauler permit application fees
1-36 collected under Section 29.015, Water Code;
1-37 (12) costs recovered under Section 91.113(f);
1-38 (13) hazardous oil and gas waste generation fees
1-39 collected under Section 91.605;
1-40 (14) oil-field cleanup regulatory fees on oil
1-41 collected under Section 81.116;
1-42 (15) oil-field cleanup regulatory fees on gas
1-43 collected under Section 81.117;
1-44 (16) fees for a reissued certificate collected under
1-45 Section 85.167;
1-46 (17) fees collected under Section 91.1013;
1-47 (18) fees collected under Section 89.088;
1-48 (19) penalties collected under Section 81.0531; [and]
1-49 (20) legislative appropriations; and
1-50 (21) the proceeds of loans made to or other
1-51 indebtedness incurred by the commission.
1-52 SECTION 2. Subsection (a), Section 91.112, Natural Resources
1-53 Code, is amended to read as follows:
1-54 (a) Money in the fund may be used by the commission or its
1-55 employees or agents for:
1-56 (1) conducting a site investigation or environmental
1-57 assessment to determine:
1-58 (A) the nature and extent of contamination
1-59 caused by oil and gas wastes or other substances or materials
1-60 regulated by the commission under Section 91.101; and
1-61 (B) the measures that should be taken to control
1-62 or clean up the wastes, substances, or materials described in
1-63 Paragraph (A);
1-64 (2) controlling or cleaning up oil and gas wastes or
2-1 other substances or materials regulated by the commission under
2-2 Section 91.101 that are causing or are likely to cause the
2-3 pollution of surface or subsurface water, consistent with Section
2-4 91.113;
2-5 (3) plugging abandoned wells and administering or
2-6 enforcing permits, orders, and rules relating to the commission's
2-7 authority to prevent pollution under this chapter, Chapter 89, or
2-8 any other law administered or enforced by the commission under
2-9 Title 3;
2-10 (4) implementing Subchapter N and enforcing rules,
2-11 orders, and permits adopted or issued under that subchapter; [and]
2-12 (5) preparing the report required under Subsection
2-13 (b); and
2-14 (6) repaying a loan made to or other indebtedness
2-15 incurred by the commission the proceeds of which have been
2-16 deposited to the credit of the fund.
2-17 SECTION 3. This Act takes effect immediately if it receives
2-18 a vote of two-thirds of all the members elected to each house, as
2-19 provided by Section 39, Article III, Texas Constitution. If this
2-20 Act does not receive the vote necessary for immediate effect, this
2-21 Act takes effect September 1, 2001.
2-22 * * * * *