Amend CSSB 1863 (house committee printing) by adding the 
following appropriately numbered ARTICLE to the bill and by 
renumbering subsequent ARTICLES of the bill accordingly:

ARTICLE     .  FEES FOR CERTAIN BEVERAGE CONTAINERS
	SECTION     .01.  Subchapter H, Chapter 33, Natural Resources 
Code, is amended by adding Section 33.6035 to read as follows:
	Sec. 33.6035.  FEE ON BEVERAGE CONTAINER IF BEVERAGE TO BE 
CONSUMED WHERE SOLD.  (a) In this section:
		(1)  "Beverage" means a nonalcoholic or alcoholic 
carbonated or noncarbonated liquid that is intended for human 
consumption. The term does not include milk or baby formula.
		(2)  "Beverage container" means a glass, metal, or 
plastic vessel that:
			(A)  can be hermetically sealed or capped; and                        
			(B)  contains a beverage at the time the vessel is 
sold by a facility.
		(3)  "Facility" means a person who sells a beverage in a 
container to a consumer for consumption on the premises. The term 
does not apply to a common carrier that sells a beverage to a 
passenger.
		(4)  "On-site recycling program" means a recycling 
program operated by a facility and approved by the commissioner.
	(b)  A facility shall collect a fee of five cents from a 
consumer for each beverage in a beverage container that the 
facility sells to the consumer.
	(c)  A facility that collects a fee under this section shall 
remit the fee to the comptroller in accordance with the following 
procedures:
		(1)  before remitting the fee to the comptroller, the 
facility may deduct two percent of the amount of the fee collected 
to cover the facility's administrative expenses;
		(2)  the facility shall file a sworn return with the 
comptroller not later than the 20th day of each month that:
			(A)  is in a form prescribed by the comptroller;                      
			(B)  includes a statement of the total gross 
receipts for the containers sold during the preceding month; and
			(C)  any other information required by the 
comptroller;             
		(3)  a fee due for a business day that occurs in two 
different months is allocated to the month in which the business day 
begins; and
		(4)  the total amount of fees due for the preceding 
month shall accompany the return and shall be payable to the state.
	(d)  Annually, the comptroller shall deposit revenue from the 
fees collected under this section as follows:
		(1)  the first $20 million collected shall be deposited 
in the account and may be appropriated only to the commissioner to 
be used for the purposes provided by Section 33.605;
		(2)  the next $20 million collected shall be deposited 
in the state land and water conservation account under Section 
11.037(c), Parks and Wildlife Code, and may be appropriated only to 
the Parks and Wildlife Department to be used for programs for the 
planning, acquisition, operation, and development of the outdoor 
recreation resources of this state, including acquisition of land 
and water and interests in land and water;
		(3)  the next $10 million collected shall be deposited 
in the account and may be appropriated only to the commissioner to 
be used to make grants to a political subdivision to clean and 
maintain rivers within the boundaries of the subdivision;
		(4)  the next $4 million collected shall be deposited in 
the water assistance fund under Section 15.011, Water Code, and may 
be appropriated only to the Texas Water Development Board to be used 
by the board to:
			(A)  make grants for the planning, permitting, 
design, and development of brackish groundwater desalination 
demonstration projects at locations to be determined by the board; 
and
			(B)  employ two full-time equivalent employees to 
oversee the projects, monitor the development of desalination 
technology, and provide educational outreach and technology 
transfer; and
		(5)  all additional revenue collected shall be 
deposited in the general revenue fund.
	(e)  Each facility that collects the fee required by this 
section may submit, for approval by the commissioner, a proposal to 
create an on-site recycling program.  On the commissioner's 
approval of the on-site recycling program, the facility shall 
receive:
		(1)  an amount not to exceed 2.5 cents for each beverage 
container sold; and
		(2)  the proceeds from the sale of the recycled beverage 
containers.