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78R5653 SMH-F
By: Luna H.B. No. 1110
A BILL TO BE ENTITLED
AN ACT
relating to the funding of the coastal protection fund and the use
of money in the fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 40.151(a) and (b), Natural Resources
Code, are amended to read as follows:
(a) The purpose of this subchapter is to provide immediately
available funds for response to all unauthorized discharges, for
cleanup of pollution from unauthorized discharges of oil, for
payment of damages from unauthorized discharges of oil, for
implementation of the coastal management program, and for erosion
response projects.
(b) The coastal protection fund is established in the state
treasury to be used by the commissioner as a nonlapsing revolving
fund only for carrying out the purposes of this chapter and of
Subchapters F and [Subchapter] H, Chapter 33. To this fund shall be
credited all fees, penalties, judgments, reimbursements, and
charges provided for in this chapter and the fee revenues levied,
collected, and credited pursuant to this chapter. The fund shall
not exceed $50 million.
SECTION 2. Section 40.152(a), Natural Resources Code, is
amended to read as follows:
(a) Money in the fund may be disbursed for the following
purposes and no others:
(1) administrative expenses, personnel and training
expenses, and equipment maintenance and operating costs related to
implementation and enforcement of this chapter;
(2) response costs related to abatement and
containment of actual or threatened unauthorized discharges of oil
incidental to unauthorized discharges of hazardous substances;
(3) response costs and damages related to actual or
threatened unauthorized discharges of oil;
(4) assessment, restoration, rehabilitation, or
replacement of or mitigation of damage to natural resources damaged
by an unauthorized discharge of oil;
(5) in an amount not to exceed $50,000 annually, the
small spill education program;
(6) in an amount not to exceed $1,250,000 annually,
interagency contracts under Section 40.302;
(7) the purchase of response equipment under Section
40.105 within two years of the effective date of this chapter, in an
amount not to exceed $4 million; thereafter, for the purchase of
equipment to replace equipment that is worn or obsolete;
(8) an inventory under Section 40.107, to be completed
by September 1, 1995, in an amount not to exceed $6 million;
(9) other costs and damages authorized by this
chapter; and
(10) costs related to the implementation of the
coastal management program under Subchapter F, Chapter 33, and
costs of [in an amount not to exceed the interest accruing to the
fund annually,] erosion response projects under Subchapter H,
Chapter 33.
SECTION 3. Sections 40.155(a), (c), and (d), Natural
Resources Code, are amended to read as follows:
(a) Except as otherwise provided in this section, the rate
of the fee shall be two cents per barrel of crude oil until the
commissioner certifies that the unencumbered balance in the fund
has reached $40 [$25] million. The commissioner shall certify to
the comptroller the date on which the unencumbered balance in the
fund exceeds $40 [$25] million. The fee shall not be collected or
required to be paid on or after the first day of the second month
following the commissioner's certification to the comptroller that
the unencumbered balance in the fund exceeds $40 [$25] million.
(c) Notwithstanding the provisions of Subsection (a) or (b)
of this section, the fee shall be levied at the rate of four cents
per barrel if the commissioner certifies to the comptroller a
written finding of the following facts:
(1) the unencumbered balance in the fund is less than
$40 [$25] million;
(2) an unauthorized discharge of oil in excess of
100,000 gallons has occurred within the previous 30 days; and
(3) expenditures from the fund for response costs and
damages are expected to deplete the fund substantially.
(d) In the event of a certification to the comptroller under
Subsection (c) of this section, the comptroller shall collect the
fee at the rate of four cents per barrel until the unencumbered
balance in the fund reaches $40 [$25] million or any lesser amount
that the commissioner determines is necessary to pay response costs
and damages without substantially depleting the fund. The
commissioner shall certify to the comptroller the date on which the
unencumbered balance in the fund exceeds $40 [$25] million or such
other lesser amount. The fee shall not be collected or required to
be paid on or after the first day of the second month following the
commissioner's certification to the comptroller.
SECTION 4. Effective September 1, 2005, Sections 40.155(a),
(c), and (d), Natural Resources Code, are amended to read as
follows:
(a) Except as otherwise provided in this section, the rate
of the fee shall be two cents per barrel of crude oil until the
commissioner certifies that the unencumbered balance in the fund
has reached $25 million. The commissioner shall certify to the
comptroller the date on which the unencumbered balance in the fund
exceeds $25 million. The fee shall not be collected or required to
be paid on or after the first day of the second month following the
commissioner's certification to the comptroller that the
unencumbered balance in the fund exceeds $25 million.
(c) Notwithstanding the provisions of Subsection (a) or (b)
of this section, the fee shall be levied at the rate of four cents
per barrel if the commissioner certifies to the comptroller a
written finding of the following facts:
(1) the unencumbered balance in the fund is less than
$25 million;
(2) an unauthorized discharge of oil in excess of
100,000 gallons has occurred within the previous 30 days; and
(3) expenditures from the fund for response costs and
damages are expected to deplete the fund substantially.
(d) In the event of a certification to the comptroller under
Subsection (c) of this section, the comptroller shall collect the
fee at the rate of four cents per barrel until the unencumbered
balance in the fund reaches $25 million or any lesser amount that
the commissioner determines is necessary to pay response costs and
damages without substantially depleting the fund. The commissioner
shall certify to the comptroller the date on which the unencumbered
balance in the fund exceeds $25 million or such other lesser amount.
The fee shall not be collected or required to be paid on or after the
first day of the second month following the commissioner's
certification to the comptroller.
SECTION 5. Except as otherwise provided by this Act:
(1) this Act takes effect immediately if it receives a
vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution; and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect September 1, 2003.