81R19418 SMH-F
 
  By: Ritter, Lucio III, Homer, Bonnen H.B. No. 3971
 
  Substitute the following for H.B. No. 3971:
 
  By:  Alvarado C.S.H.B. No. 3971
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the funding of certain activities of the General Land
  Office pertaining to the management of coastal public land.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Sections 40.151(a) and (b), Natural Resources
  Code, are amended to read as follows:
         (a)  The purpose of this subchapter is to provide immediately
  available funds for response to all unauthorized discharges, for
  cleanup of pollution from unauthorized discharges of oil, for
  payment of damages from unauthorized discharges of oil, for the
  coastal management program, and for erosion response projects.
         (b)  The coastal protection fund is established in the state
  treasury to be used by the commissioner as a nonlapsing revolving
  fund only for carrying out the purposes of this chapter and of
  Subchapters F and [Subchapter] H, Chapter 33.  To this fund shall be
  credited all fees, penalties, judgments, reimbursements, proceeds
  from the sale of a vessel or structure removed under Section 40.108,
  money forfeited under Section 77.119(e), Parks and Wildlife Code,
  interest or income on the fund, and charges provided for in this
  chapter and the fee revenues levied, collected, and credited
  pursuant to this chapter.  [The fund shall not exceed $50 million.]
         SECTION 2.  Section 40.152(a), Natural Resources Code, is
  amended to read as follows:
         (a)  Money in the fund may be disbursed for the following
  purposes and no others:
               (1)  administrative expenses, personnel and training
  expenses, and equipment maintenance and operating costs related to
  implementation and enforcement of this chapter;
               (2)  response costs related to abatement and
  containment of actual or threatened unauthorized discharges of oil
  incidental to unauthorized discharges of hazardous substances;
               (3)  response costs and damages related to actual or
  threatened unauthorized discharges of oil;
               (4)  assessment, restoration, rehabilitation, or
  replacement of or mitigation of damage to natural resources damaged
  by an unauthorized discharge of oil;
               (5)  in an amount not to exceed $50,000 annually, the
  small spill education program;
               (6)  in an amount not to exceed $1,250,000 annually,
  interagency contracts under Section 40.302;
               (7)  the purchase of response equipment under Section
  40.105 within two years of the effective date of this chapter, in an
  amount not to exceed $4 million; thereafter, for the purchase of
  equipment to replace equipment that is worn or obsolete;
               (8)  other costs and damages authorized by this
  chapter;
               (9)  costs necessary to administer the coastal
  management program under Subchapter F, Chapter 33, and [in an
  amount not to exceed the interest accruing to the fund annually,]
  erosion response projects under Subchapter H, Chapter 33; and
               (10)  in conjunction with the Railroad Commission of
  Texas, costs related to the plugging of abandoned or orphaned oil
  wells located on state-owned submerged lands.
         SECTION 3.  Section 40.155, Natural Resources Code, is
  amended to read as follows:
         Sec. 40.155.  DETERMINATION OF FEE.  (a)  Except as
  otherwise provided in this section, the rate of the fee shall be
  3-1/2 [1-1/3] cents per barrel of crude oil [until the commissioner
  certifies that the unencumbered balance in the fund has reached $20
  million.   The commissioner shall certify to the comptroller the
  date on which the unencumbered balance in the fund exceeds $20
  million.   The fee shall not be collected or required to be paid on or
  after the first day of the second month following the
  commissioner's certification to the comptroller that the
  unencumbered balance in the fund exceeds $20 million].
         (b)  [If the unencumbered balance in the fund falls below $10
  million, the commissioner shall certify such fact to the
  comptroller.   On receiving the commissioner's certification, the
  comptroller shall resume collecting the fee until suspended in the
  manner provided in Subsection (a) of this section.
         [(c)]  Notwithstanding the provisions of Subsection (a) [or
  (b) of this section], the fee shall be levied at the rate of 6-1/2
  [four] cents per barrel if the commissioner certifies to the
  comptroller a written finding of the following facts:
               (1)  the unencumbered balance in the fund is less than
  $20 million;
               (2)  an unauthorized discharge of oil in excess of
  100,000 gallons has occurred within the previous 30 days; and
               (3)  expenditures from the fund for response costs and
  damages are expected to deplete the fund substantially.
         (c) [(d)]  In the event of a certification to the comptroller
  under Subsection (b) [(c) of this section], the comptroller shall
  collect the fee at the rate of 6-1/2 [four] cents per barrel until
  the unencumbered balance in the fund reaches $20 million or any
  lesser amount that the commissioner determines is necessary to pay
  response costs and damages without substantially depleting the
  fund.  The commissioner shall certify to the comptroller the date on
  which the unencumbered balance in the fund exceeds $20 million or
  such other lesser amount. [The fee shall not be collected or
  required to be paid on or after the first day of the second month
  following the commissioner's certification to the comptroller.]
         (d) [(e)]  For purposes of this section, the unencumbered
  balance of the fund shall be determined by the unencumbered cash
  balance of the fund at the end of each month or on the date of a
  finding under Subsection (b) [(c) of this section].
         SECTION 4.  Section 40.156(b), Natural Resources Code, is
  amended to read as follows:
         (b)  In the event the commissioner makes a finding under
  Section 40.155(b) [40.155(c) of this code], the commissioner shall
  publish the finding in the Texas Register. [In the event of any
  suspension or other reinstatement of the fee, the comptroller shall
  publish the suspension or reinstatement in the Texas Register at
  least 30 days prior to the scheduled effective date of the
  suspension or reinstatement.]
         SECTION 5.  Section 40.156(c), Natural Resources Code, is
  repealed.
         SECTION 6.  This Act takes effect September 1, 2009.