78R9871 SGA-F


By:  Allen                                                        H.B. No. 1481

Substitute the following for H.B. No. 1481:                                   

By:  Bonnen                                                   C.S.H.B. No. 1481



A BILL TO BE ENTITLED

AN ACT

relating to the creation of the operating permit fees account for 
fees collected under Titles IV and V of the Clean Air Act.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 382.0622, Health and Safety Code, is 
amended by amending Subsection (b) and adding Subsections (b-1), 
(b-2), and (b-3) to read as follows:
	(b)  Except as provided by Subsection (b-1), Clean Air Act 
fees shall be deposited in the state treasury to the credit of the 
clean air account and shall be used to safeguard the air resources 
of the state.
	(b-1)  Fees collected under Section 382.0621(a) on or after 
September 1, 2003, shall be deposited in the state treasury to the 
credit of the operating permit fees account.  Fees collected under 
Section 382.0621(a) may not be commingled with any fees in the clean 
air account or with any other money in the state treasury.
	(b-2)  Money in the operating permit fees account 
established under Subsection (b-1) may be appropriated to the 
commission only to cover the costs of developing and administering 
the federal permit programs under Title IV or V of the federal Clean 
Air Act (42 U.S.C. Section 7651 et seq. and Section 7661 et seq.).
	(b-3)  Section 403.095, Government Code, does not apply to 
the operating permit fees account established under Subsection 
(b-1), and any balance remaining in the operating permit fees 
account at the end of a fiscal year shall be left in the account and 
used in the next or subsequent fiscal years only for the purposes 
stated in Subsection (b-2).
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Not later than December 1, 2003, the Texas Commission on 
Environmental Quality shall adopt any rules required for the 
implementation of this Act.