82R12071 JJT-D

By: Darby H.B. No. 3418

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters related to natural resources and the environment.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES

GENERALLY

SECTION 1.01. This article applies to any state agency that receives an appropriation under Article VI of the General Appropriations Act.

SECTION 1.02. Notwithstanding any other statute of this state, each state agency to which this article applies is authorized to reduce or recover expenditures by:

(1) consolidating any reports or publications the agency is required to make and filing or delivering any of those reports or publications exclusively by electronic means;

(2) extending the effective period of any license, permit, or registration the agency grants or administers;

(3) entering into a contract with another governmental entity or with a private vendor to carry out any of the agency's duties;

(4) adopting additional eligibility requirements for persons who receive benefits under any law the agency administers to ensure that those benefits are received by the most deserving persons consistent with the purposes for which the benefits are provided;

(5) providing that any communication between the agency and another person and any document required to be delivered to or by the agency, including any application, notice, billing statement, receipt, or certificate, may be made or delivered by e-mail or through the Internet; and

(6) adopting and collecting fees or charges to cover any costs the agency incurs in performing its lawful functions.

ARTICLE 2. FISCAL MATTERS CONCERNING ANIMAL HEALTH REGULATION

SECTION 2.01. Section 161.060, Agriculture Code, is amended to read as follows:

Sec. 161.060. AUTHORITY TO SET AND COLLECT [INSPECTION] FEES. The commission by rule may set and collect a fee for any service provided [charge a fee, as provided by commission rule, for an inspection made] by the commission, including:

(1) the inspection of animals or facilities;

(2) the testing of animals for disease;

(3) obtaining samples from animals for disease testing;

(4) disease eradication and treatment efforts;

(5) services related to the transport of livestock;

(6) control and eradication of ticks and other pests; and

(7) any other service for which the commission incurs a cost.

ARTICLE 3. FISCAL MATTERS REGARDING PETROLEUM INDUSTRY REGULATION

SECTION 3.01. Section 26.3574(b), Water Code, is amended to read as follows:

(b) A fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection. Each operator of a bulk facility on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows:

(1) $3.75 for each delivery into a cargo tank having a capacity of less than 2,500 gallons [for the state fiscal year beginning September 1, 2007, through the state fiscal year ending August 31, 2011];

(2) $7.50 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons [for the state fiscal year beginning September 1, 2007, through the state fiscal year ending August 31, 2011];

(3) $11.75 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons [for the state fiscal year beginning September 1, 2007, through the state fiscal year ending August 31, 2011];

(4) $15.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons [for the state fiscal year beginning September 1, 2007, through the state fiscal year ending August 31, 2011]; and

(5) $7.50 for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more [for the state fiscal year beginning September 1, 2007, through the state fiscal year ending August 31, 2011].

ARTICLE 4. FISCAL MATTERS REGARDING FUNDING FOR STATE SITES

SECTION 4.01. Chapter 11, Parks and Wildlife Code, is amended by adding Subchapter J-1 to read as follows:

SUBCHAPTER J-1. FOR-PROFIT PARTNERSHIPS

Sec. 11.221. DEFINITIONS. In this subchapter:

(1) "Official corporate partner" means a for-profit entity that:

(A) is designated an official corporate partner by the department;

(B) works with the department to raise funds for state site operations and maintenance; and

(C) is selected as provided under Section 11.222.

(2) "State site" means a state park, natural area, or historic site under the jurisdiction of the department.

Sec. 11.222. SELECTION; CONTRACT. (a) Subject to commission approval, the department may select a for-profit entity as an official corporate partner.

(b) The department may contract with an official corporate partner to raise funds for state site operations and maintenance.

Sec. 11.223. GIFTS AND GRANTS; FUND-RAISING. (a) To raise funds for state site operations and maintenance, an official corporate partner may accept contributions, gifts, grants, and promotional campaign proceeds on behalf of the department. The department shall ensure that an official corporate partner transfers the contributions, gifts, grants, and promotional campaign proceeds to the department as soon as possible.

(b) The department may contract with an official corporate partner to conduct joint promotional campaigns or other fund-raising efforts conducted by the department to raise funds for state site operations and maintenance.

Sec. 11.224. USE OF FUNDS. Money received by the department under this subchapter, including money received under a contract or licensing or other agreement or as a gift or grant, may be used only for state site operations and maintenance.

Sec. 11.225. RULES. The commission shall adopt rules to implement this subchapter, including rules that establish guidelines or best practices for official corporate partners.

SECTION 4.02. Subchapter A, Chapter 13, Parks and Wildlife Code, is amended by adding Sections 13.0151 and 13.0155 to read as follows:

Sec. 13.0151. STATE PARK PASSES. (a) The department may contract with any entity the department considers appropriate to sell state park passes in any of the entity's retail locations.

(b) The commission may adopt rules to implement this section.

Sec. 13.0155. USE OF PARKS AND WILDLIFE DEPARTMENT BRAND. (a) The department may contract with any entity the department considers appropriate to use the Parks and Wildlife Department brand in exchange for licensing fees paid by the entity to the department.

(b) The department shall use the licensing fees received under Subsection (a) only for the operation and maintenance of state sites as defined by Section 11.221.

(c) The commission may adopt rules to implement this section.

SECTION 4.03. Subchapter B, Chapter 13, Parks and Wildlife Code, is amended by adding Section 13.103 to read as follows:

Sec. 13.103. ADVERTISING. The commission by rule may assess and limit commercial advertising in state parks, natural areas, historic sites, or other sites under the jurisdiction of the department to preserve the integrity of the sites and to minimize distractions that may interfere with the enjoyment of the sites by visitors.

ARTICLE 5. FISCAL MATTERS REGARDING PARKS AND WILDLIFE DEPARTMENT

SECTION 5.01. Subchapter D, Chapter 502, Transportation Code, is amended by adding Section 502.1747 to read as follows:

Sec. 502.1747. VOLUNTARY CONTRIBUTION TO PARKS AND WILDLIFE DEPARTMENT. (a) When a person registers or renews the registration of a motor vehicle under this chapter, the person may contribute $5 or more to the Parks and Wildlife Department.

(b) The county assessor-collector shall send any contribution made under this section to the comptroller for credit to the Parks and Wildlife Department. Money received by the Parks and Wildlife Department under this section may be used only for the operation and maintenance of state parks, historic sites, or natural areas under the jurisdiction of the Parks and Wildlife Department.

ARTICLE 6. FISCAL MATTERS REGARDING PRESERVATION OF NATURAL

RESOURCES

SECTION 6.01. Section 33.603(f), Natural Resources Code, is amended to read as follows:

(f) Notwithstanding Subsections (c) and (e), each biennium the commissioner may undertake at least one erosion response project without requiring a qualified project partner to pay a portion of the shared project cost. The [if the] total cost of the projects undertaken that do not have a cost share requirement may [does] not exceed one-third [one-half] of the total amount appropriated to the land office for coastal erosion planning and response, except that if any of the projects that do not have a cost share requirement are undertaken in response to erosion associated with a federally declared disaster:

(1) the total cost of the projects undertaken that do not have a cost share requirement and that are not undertaken in response to erosion associated with a federally declared disaster may not exceed one-third of the total amount appropriated to the land office for coastal erosion planning and response; and

(2) the total cost of all of the projects undertaken that do not have a cost share requirement, whether or not undertaken in response to erosion associated with a federally declared disaster, may not exceed one-half of the total amount appropriated to the land office for coastal erosion planning and response.

SECTION 6.02. Sections 33.604(a) and (b), Natural Resources Code, are amended to read as follows:

(a) The coastal erosion response account is an account in the general revenue fund that may be appropriated only to the commissioner and used only for the purpose of implementing this subchapter [and administration of the coastal management program as provided in Subchapter F].

(b) The account consists of:

(1) all money appropriated for the purposes of this subchapter;

(2) grants to this state from the United States for the purposes of this subchapter;

(3) all money received by this state from the sale of dredged material; [and]

(4) penalties or costs collected under Section 61.0184 or 63.1814; and

(5) fees deposited to the credit of the account in accordance with Section 33.614.

SECTION 6.03. Section 33.605, Natural Resources Code, is amended by amending Subsection (a) and adding Subsection (c) to read as follows:

(a) Money in the account may be used for[:

[(1)] any action authorized by this subchapter[; and

[(2) the administration of the coastal management program as provided in Subchapter F].

(c) Notwithstanding Subsection (a), fees deposited to the credit of the account in accordance with Section 33.614 may be used only for erosion response projects that directly affect commercial vessels that dock at ports operated by port authorities or navigation districts in this state.

SECTION 6.04. Section 33.608, Natural Resources Code, is amended to read as follows:

Sec. 33.608. REPORT TO LEGISLATURE. (a) Each biennium, the commissioner shall submit to the legislature a report listing:

(1) each critical erosion area;

(2) each proposed erosion response study or project;

(3) an estimate of the cost of each proposed study or project described by Subdivision (2);

(4) each coastal erosion response study or project funded under this subchapter during the preceding biennium;

(5) the economic and natural resource benefits from each coastal erosion response study or project described by Subdivision (4);

(6) the financial status of the account; and

(7) an estimate of the cost of implementing this subchapter during the succeeding biennium.

(b) The report must include a plan for coastal erosion response studies and projects that may be funded, wholly or partly, from money in the account and may be undertaken during the next 10 or more years.

SECTION 6.05. Subchapter H, Chapter 33, Natural Resources Code, is amended by adding Sections 33.614 and 33.615 to read as follows:

Sec. 33.614. COMMERCIAL VESSEL DOCKING FEE. (a) Each port authority or navigation district shall impose a fee of $2 for each foot of vessel length on each owner or operator of a commercial vessel with a draft of at least 18 feet each time the vessel docks at the port operated by the port authority or navigation district.

(b) A port authority or navigation district that collects a fee under Subsection (a) shall remit the amount of the fee to the comptroller.

(c) A port authority or navigation district that makes a timely payment to the comptroller of the amount of a fee collected under Subsection (a) is entitled to retain an amount equal to one percent of the amount of the fee collected to cover the port authority's or navigation district's administrative expenses.

(d) The comptroller shall deposit the amount of the fees collected to the credit of the account as provided by Section 33.604.

(e) The comptroller shall adopt rules necessary for the administration, collection, reporting, and payment of the fee.

Sec. 33.615. DEDICATION OF OUTER CONTINENTAL SHELF LANDS ACT REVENUE. One-sixth of the revenue received by this state under Section 8(g), Outer Continental Shelf Lands Act (43 U.S.C. Section 1337(g)), being one-half of that portion of the revenue credited to the general revenue fund and not otherwise deposited to the credit of the permanent school fund pursuant to the Agreed Judgment in Cause No. 395,483 in the 299th Judicial District Court of Travis County on file in the Travis County District Clerk's records at Volume 1396, Page 479, may be appropriated only to the commissioner for the purpose of implementing this subchapter.

SECTION 6.06. Section 162.502(c), Tax Code, is amended to read as follows:

(c) Of the money [Money] deposited to the credit of the general revenue fund under Subsection (b)(2):

(1) 33-1/3 percent may be appropriated only to the commissioner of the General Land Office for the purpose of implementing Subchapter H, Chapter 33, Natural Resources Code; and

(2) 66-2/3 percent may be appropriated only to the Parks and Wildlife Department for any lawful purpose.

SECTION 6.07. Section 33.614, Natural Resources Code, as added by this Act, applies only to a vessel that docks at a port on or after the effective date of this Act.

ARTICLE 7. FISCAL MATTERS REGARDING ENVIRONMENTAL PROTECTION

SECTION 7.01. Section 386.051(b), Health and Safety Code, is amended to read as follows:

(b) Under the plan, the commission and the comptroller shall provide grants or other funding for:

(1) the diesel emissions reduction incentive program established under Subchapter C, including for infrastructure projects established under that subchapter;

(2) the motor vehicle purchase or lease incentive program established under Subchapter D;

(3) air quality research under Section 386.059 [the new technology research and development program established under Chapter 387];

(4) the clean school bus program established under Chapter 390; and

(5) the new technology implementation grant program established under Chapter 391.

SECTION 7.02. Section 386.058(b), Health and Safety Code, is amended to read as follows:

(b) The governor shall appoint to the advisory board:

(1) a representative of the trucking industry;

(2) a representative of the air conditioning manufacturing industry;

(3) a representative of the electric utility industry;

(4) a representative of regional transportation; and

(5) a representative of the nonprofit organization described by Section 386.059 [386.252(a)(2)].

SECTION 7.03. Subchapter B, Chapter 386, Health and Safety Code, is amended by adding Section 386.059 to read as follows:

Sec. 386.059. AIR QUALITY RESEARCH. (a) The commission shall contract with a nonprofit organization or institution of higher education to establish and administer a program to support research related to air quality.

(b) The board of directors of a nonprofit organization establishing and administering the research program related to air quality under this section may not have more than 11 members, must include two persons with relevant scientific expertise to be nominated by the commission, and may not include more than four county judges selected from counties in the Houston-Galveston-Brazoria and Dallas-Fort Worth nonattainment areas. The two persons with relevant scientific expertise to be nominated by the commission may be employees or officers of the commission, provided that they do not participate in funding decisions affecting the granting of funds by the commission to a nonprofit organization on whose board they serve.

(c) The commission shall provide oversight as appropriate for grants provided under the program established under this section.

(d) A nonprofit organization or institution of higher education shall submit to the commission for approval a budget for the disposition of funds granted under the program established under this section.

(e) A nonprofit organization or institution of higher education shall be reimbursed for costs incurred in establishing and administering the research program related to air quality under this section. Reimbursable administrative costs of a nonprofit organization or institution of higher education may not exceed 10 percent of the program budget.

(f) A nonprofit organization that receives grants from the commission under this section is subject to Chapters 551 and 552, Government Code.

SECTION 7.04. Section 386.108(a), Health and Safety Code, is amended to read as follows:

(a) The commission shall provide funding under Section 386.252(a) [386.252(a)(1)] for infrastructure projects.

SECTION 7.05. Section 386.252, Health and Safety Code, is amended by reenacting and amending Subsection (a), as amended by Chapters 1125 (H.B. 1796) and 1232 (S.B. 1759), Acts of the 81st Legislature, Regular Session, 2009, and by adding Subsection (a-1) to read as follows:

(a) Of the money [Money] in the fund, 96.5 percent may be used only to implement and administer programs established under the plan and shall be allocated as follows:

(1) [for the diesel emissions reduction incentive program, 87.5 percent of the money in the fund, of which:

[(A)] not more than four percent may be used for the clean school bus program;

(2) [(B)] not more than 10 percent may be used for on-road diesel purchase or lease incentives; [and]

(3) [(C)] a specified amount may be used for the new technology implementation grant program, from which a defined amount may be set aside for electricity storage projects related to renewable energy;

(4) five percent shall be used for the clean fleet program;

(5) [(2) for the new technology research and development program, nine percent of the money in the fund, of which:

[(A)] up to $200,000 is allocated for a health effects study;

(6) up to [(B)] $500,000 is to be deposited in the state treasury to the credit of the clean air account created under Section 382.0622 to supplement funding for air quality planning activities in affected counties;

(7) up to $2 million [(C) not less than 20 percent] is to be allocated annually [each year] to support research related to air quality as provided by Section 386.059 [387.010];

(8) up to $216,000 is allocated annually to the commission to [and

[(D) the balance is allocated each year to the commission to be used to:

[(i) implement and administer the new technology research and development program for the purpose of identifying, testing, and evaluating new emissions-reducing technologies with potential for commercialization in this state and to facilitate their certification or verification; and

[(ii)] contract with the Energy Systems Laboratory at the Texas Engineering Experiment Station for [$216,000 annually for] the development and annual computation of creditable statewide emissions reductions obtained through wind and other renewable energy resources for the state implementation plan; and

(9) the balance of the money in the fund allocated by this subsection is allocated to the remaining programs of the diesel emissions reduction incentive program.

(a-1) Two [(3) two] percent of the money in the fund is allocated to the commission and 1.5 percent is allocated to the laboratory for administrative costs incurred by the commission and the laboratory.

SECTION 7.06. Section 447.011(h), Government Code, is amended to read as follows:

(h) The Texas Commission on Environmental Quality shall obtain information on any fuel-saving technology that appears to reduce particulate matter, oxides of nitrogen, carbon monoxide, or hydrocarbon emissions. [The Texas Commission on Environmental Quality may use this information to fund the United States Environmental Protection Agency verification of a technology in accordance with Section 387.003, Health and Safety Code.]

SECTION 7.07. Chapter 387, Health and Safety Code, is repealed.

SECTION 7.08. A grant issued under Chapter 387, Health and Safety Code, before the effective date of this Act is governed by Chapter 387, Health and Safety Code, as it existed immediately before the effective date of this Act, and that law is continued in effect for that purpose.

SECTION 7.09. To the extent of any conflict, this article prevails over an Act of the 82nd Legislature, Regular Session, 2011, relating to nonsubstantive additions to and corrections in enacted codes.

ARTICLE 8. EFFECTIVE DATE

SECTION 8.01. This Act takes effect September 1, 2011.