79R18336 SGA-D


By:  Staples                                                      S.B. No. 444

Substitute the following for S.B. No. 444:                                    

By:  Bohac                                                    C.S.S.B. No. 444



A BILL TO BE ENTITLED

AN ACT

relating to registration fee credits for the owners of certain dry 
cleaning facilities that do not participate in the dry cleaning 
facility release fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsection (b), Section 374.104, Health and 
Safety Code, is amended to read as follows:
	(b)  An option not to participate must be filed on or before 
February 28, 2006 [January 1, 2004].  An owner may not file an 
option not to participate after September 1, 2005, unless the owner 
was:
		(1)  the owner of the dry cleaning facility or drop 
station on January 1, 2004; and
		(2)  eligible to file the option on or before January 1, 
2004, and inadvertently failed to file before that date.
	SECTION 2.  An owner of a dry cleaning facility who files an 
option not to participate in the dry cleaning facility release fund 
on or before February 28, 2006, and whose facility is designated as 
nonparticipating by the Texas Commission on Environmental Quality 
under Section 374.104, Health and Safety Code, as amended by this 
Act, is entitled to a credit against future registration fees under 
Section 374.102, Health and Safety Code, to the extent that a 
registration fee paid in 2004 or 2005 exceeded the amount due for a 
nonparticipating dry cleaning facility.
	SECTION 3.  Not later than February 28, 2006, the Texas 
Commission on Environmental Quality shall adopt rules governing 
applications to register a dry cleaning facility as 
nonparticipating in the dry cleaning facility release fund under 
Section 374.104, Health and Safety Code, as amended by this Act.
	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, 2005.