By: Hochberg H.B. No. 1436
A BILL TO BE ENTITLED
AN ACT
relating to fees credited to the Texas emissions reduction plan
fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 386.251(c), Health and Safety Code, is
amended to read as follows:
(c) The fund consists of:
(1) the contributions, fees, and surcharges under:
(A) Sections [Section] 386.056 and 386.253;
(B) Sections 151.0515 and 152.0215, Tax Code; and
(C) Section [Sections] 502.1675 [and
548.256(c)], Transportation Code; and
(2) grant money recaptured under Section 386.111(d).
SECTION 2. Subchapter F, Chapter 386, Health and Safety
Code is amended by adding Section 386.253 to read as follows:
Sec. 386.253. Fee on Delivery of Regular Diesel Products
(a) In this section:
(1) "Bulk facility" means a facility, including
pipeline terminals, refinery terminals, rail and barge terminals,
and associated underground and aboveground tanks, connected or
separate, from which petroleum products are withdrawn from bulk and
delivered into a cargo tank or a barge used to transport those
products. This term does not include petroleum products consumed
at an electric generating facility.
(2) "Cargo tank" means an assembly that is used for
transporting, hauling, or delivering liquids and that consists of a
tank having one or more compartments mounted on a wagon, truck,
trailer, railcar, or wheels.
(3) "Withdrawal from bulk" means the removal of a
petroleum product from a bulk facility storage tank for delivery
directly into a cargo tank or a barge to be transported to another
location other than another bulk facility for distribution or sale
in this state.
(4) "Regular diesel product" means diesel fuel with:
(A) more than 15 parts per million by weight
sulfur;
(B) fewer than 500 parts per million by weight
sulfur; and
(C) either:
(i) less than 35 percent of volume
aromatics; or
(ii) more than 40 cetane.
(b) A fee is imposed on the delivery of a regular diesel
product on withdrawal from bulk of that product as provided by this
subsection. Each operator of a bulk facility on withdrawal from
bulk of a regular diesel product shall collect from the person who
orders the withdrawal a fee in an amount determined as follows:
(1) $62.50 for each delivery into a cargo tank having a
capacity of less than 2,500 gallons;
(2) $187.50 for each delivery into a cargo tank having
a capacity of 2,500 gallons or more but less than 5,000 gallons;
(3) $325.00 for each delivery into a cargo tank having
a capacity of 5,000 gallons or more but less than 8,000 gallons; and
(4) $450.00 for each delivery into a cargo tank having
a capacity of 8,000 gallons or more but less than 10,000 gallons;
and
(5) a $250.00 fee for each increment of 5,000 gallons
or any part thereof delivered into a cargo tank having a capacity of
10,000 gallons.
(c) The fee shall be collected, administered, and enforced
in the same manner as the fee imposed under section Sec. 26.3574,
Water Code, except that no additional permit is required.
(d) The comptroller shall deduct two percent of the amount
collected under this section as the state's charge for its services
and shall credit the amount deducted to the general revenue fund.
The balance of the fees, penalties, and interest collected by the
comptroller shall be deposited in the state treasury to the credit
of the Texas emissions reduction plan fund.
SECTION 3. Section 548.256(c) of the Transportation Code is
repealed.
SECTION 4. 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. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2003.