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A BILL TO BE ENTITLED
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AN ACT
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relating to the amount and use of the coastal protection fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 40.154, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 40.154. COASTAL PROTECTION FEE; ADMINISTRATIVE |
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COSTS. (a) There is hereby imposed a fee on every person owning |
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crude oil, a petroleum product as defined by Section 115.001, or |
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liquefied natural gas in a vessel at the time such crude oil, |
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petroleum product, or liquefied natural gas is transferred to or |
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from a marine terminal. This fee is in addition to all taxes or |
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other fees levied on crude oil, petroleum products, or liquefied |
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natural gas. |
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(b) The operator of the marine terminal shall collect the |
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fee from the owner of the crude oil, petroleum product, or liquefied |
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natural gas and remit the fee to the comptroller unless the owner of |
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the crude oil, petroleum product, or liquefied natural gas is |
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registered with the comptroller for remittance of the fee. The fee |
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shall be imposed only once on the same crude oil, petroleum product, |
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or liquefied natural gas. The fee shall be paid monthly by the last |
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day of the month following the calendar month in which liability for |
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the fee is incurred. |
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SECTION 2. Sections 40.155(a), (b), and (e), Natural |
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Resources Code, are amended to read as follows: |
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(a) Except as otherwise provided in this section, the rate |
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of the fee shall be 25 [1-1/3] cents per barrel of crude oil, per |
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barrel of a petroleum product as defined by Section 115.001, or per |
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barrel of oil equivalent of liquefied natural gas. The comptroller |
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shall deposit the fee to the credit of the fund until the |
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commissioner certifies that the unencumbered balance in the fund |
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has reached $20 million. Notwithstanding Section 40.151, [The
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commissioner shall certify to the comptroller the date on which the
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unencumbered balance in the fund exceeds $20 million.
The fee
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shall not be collected or required to be paid on or after the first
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day of the second month] following the commissioner's certification |
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to the comptroller that the unencumbered balance in the fund has |
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reached [exceeds] $20 million, the comptroller shall deposit the |
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fee to the credit of the general revenue fund. |
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(b) If the unencumbered balance in the fund falls below $20 |
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[$10] 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 depositing the fee to the credit of the |
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fund [collecting the fee] until deposits to the credit of the fund |
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are suspended in the manner provided in Subsection (a) of this |
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section. |
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(e) For purposes of this section, the unencumbered balance |
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of the fund shall be determined by the unencumbered cash balance of |
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the fund at the end of each month [or on the date of a finding under
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Subsection (c) of this section]. |
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SECTION 3. Sections 40.155(c) and (d) and 40.156(b) and |
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(c), Natural Resources Code, are repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |