Amend CSHB 2376 as follows:
(1) On page 4, line 2, strike "Section 374.053" and substitute "Sections 374.053(c)(3), (4), and (5)".
(2) Strike page 6, line 26 through page 7, line 2, and
substitute the following:
(b) An annual registration fee, the total amount of which
may be divided into quarterly payments and billed on dates
established by the commission, is assessed as follows [Except for a
carbon dioxide facility, the registration must be accompanied by a
fee of]:
(3) On page 7, line 20, strike "$250" and substitute "$125".
(4) On page 8, strike lines 6-12 and substitute the
following:
(f) For each registration application, the commission shall
request that the comptroller verify whether the owner submitting
the registration application is in good standing with the state and
whether the owner's selection on the registration application of
the gross annual receipts classification for the dry cleaning
facility or drop station agrees with information reported to the
comptroller for the same tax or reporting year. Not later than the
third business day after the comptroller receives the verification
request, based in part on information supplied by the commission,
the comptroller shall report to the commission the owner's standing
and whether the owner's application information agrees with the
comptroller's information.
(5) On page 8, line 20, immediately following the period,
insert "The person who distributes the solvent shall collect the
fees and shall pay to the commission the amount due, in accordance
with Subsection (a-1).".
(6) On page 8, line 24, strike "two" and substitute "one".
(7) On page 8, lines 25-26, strike "and shall pay the
remaining amount [fee] to the commission" and substitute "if the
distributor pays [shall pay] the remaining amount [fee] to the
commission not later than the date prescribed by the commission".
(8) On page 9, lines 12-13, strike "before December 31,
2005" and substitute "on or before February 28, 2006".
(9) On page 12, between lines 3 and 4, insert the following
appropriately numbered SECTION and renumber subsequent SECTIONS
accordingly:
SECTION ___. Section 374.202, Health and Safety Code, is
amended by adding Subsection (c) to read as follows:
(c) The commission, or the attorney general at the request
of the commission, may bring a civil action to recover any amounts
owed to the commission under this section. The commission or
attorney general, as applicable, may recover court costs, the costs
of preparing for litigation, and reasonable attorney's fees
incurred in an action brought under this section. An owner is
jointly and severally liable with any other defendant for the
entire amount of costs.
(10) On page 14, line 23, strike "374.105(c)" and substitute
"374.105".
(11) On page 15, strike lines 11-27 and substitute the
following:
(c) Notwithstanding Section 374.102, Health and Safety
Code, as added by Chapter 540, Acts of the 78th Legislature, Regular
Session, 2003, a registration fee that was payable before September
1, 2005, for a dry cleaning drop station as that term is defined by
Section 374.001, Health and Safety Code, as amended by this Act, is
payable not later than October 1, 2005, in the amount of $125 for
each dry cleaning drop station that is owned by the owner of a dry
cleaning facility that was registered and designated as
nonparticipating under Section 374.104, Health and Safety Code,
before the effective date of this Act.
(12) On page 16, between lines 16 and 17, insert the
following:
(f) On or before February 28, 2006, the owner of a dry
cleaning facility that filed an option not to participate under
Section 374.104, Health and Safety Code, before the effective date
of this Act, must comply with Subsection (c)(3) of that section, as
added by this Act, to maintain nonparticipating status.