79R5426 E

By:  Ritter                                                       H.B. No. 3252



A BILL TO BE ENTITLED

AN ACT

relating to imposition of a fee to provide permanent funds for use 
in the protection of the Texas coast, including Texas beaches.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  This Act may be cited as the Sand to Sand Coastal 
Erosion Response Act.
	SECTION 2.  Section 33.601, Natural Resources Code, is 
amended by adding Subdivisions (13), (14), (15), and (16) to read as 
follows:
		(13)  "Beverage" means a nonalcoholic or alcoholic, 
carbonated or noncarbonated liquid that is intended for human 
consumption.
		(14)  "Beverage container" means a container that is 
constructed primarily of metal, glass, plastic, or paper, or a 
combination of those materials, that contains or may contain a 
beverage, and that is offered for sale by a facility.
		(15)  "Facility" means a place where beverages are sold 
to the public in beverage containers and consumed on the facility 
premises.
		(16)  "On-site recycling program" means a recycling 
program located on the facility site approved by the General Land 
Office.
	SECTION 3.  Subchapter H, Chapter 33, Natural Resources 
Code, is amended by adding Section 33.6035 to read as follows:
	Sec. 33.6035.  POINT OF CONSUMPTION FEE.  (a)  Each beverage 
offered for sale in this state by a facility, to be consumed on the 
facility's premises, must be charged a fee of five cents per 
beverage container.  This subsection does not apply to beverage 
containers sold in this state for use by common carriers in 
conducting passenger transport.  The facility shall follow the 
following procedures:
		(1)  the facility shall file a sworn return with the 
comptroller not later than the 20th day of each month;
		(2)  the return under this section shall be in a form 
prescribed by the comptroller and shall include a statement of the 
total gross receipts per container during the preceding month and 
any other information required by the comptroller;
		(3)  a fee due for a business day that falls 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.
	(b)  The comptroller shall deposit the revenue in the coastal 
erosion response account established in Section 33.604.
	(c)  Each facility that collects the fee outlined in 
Subsection (a) has the option to submit, for approval by the 
commissioner, a proposal to create an on-site recycling program.
	(d)  Upon commissioner approval of the on-site recycling 
program, the facility shall receive up to 2.5 cents back per 
beverage container and the proceeds from the sale of the collected 
beverage containers.
	SECTION 4.  This Act takes effect September 1, 2005.