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