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A BILL TO BE ENTITLED
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AN ACT
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relating to the composition and use of money in the oil and gas |
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regulation and cleanup fund. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 81.0531(e), Natural Resources Code, is |
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amended to read as follows: |
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(e) A penalty collected under this section shall be |
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deposited to the credit of the oil and gas regulation and |
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[oil-field] cleanup fund. |
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SECTION 2. Section 81.058, Natural Resources Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) An administrative penalty collected under this section |
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shall be deposited to the credit of the oil and gas regulation and |
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cleanup fund. |
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SECTION 3. Section 81.067(c), Natural Resources Code, is |
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amended to conform to the repeal of Section 81.112, Natural |
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Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th |
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Legislature, Regular Session, 2015, and is further amended to read |
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as follows: |
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(c) The fund consists of: |
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(1) proceeds from bonds and other financial security |
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required by this chapter and benefits under well-specific plugging |
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insurance policies described by Section 91.104(c) that are paid to |
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the state as contingent beneficiary of the policies, subject to the |
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refund provisions of Section 91.1091, if applicable; |
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(2) private contributions, including contributions |
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made under Section 89.084; |
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(3) expenses collected under Section 89.083; |
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(4) fees imposed under Section 85.2021; |
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(5) costs recovered under Section 91.457 or 91.459; |
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(6) proceeds collected under Sections 89.085 and |
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91.115; |
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(7) interest earned on the funds deposited in the |
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fund; |
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(8) oil and gas waste hauler permit application fees |
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collected under Section 29.015, Water Code; |
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(9) costs recovered under Section 91.113(f); |
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(10) hazardous oil and gas waste generation fees |
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collected under Section 91.605; |
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(11) oil-field cleanup regulatory fees on oil |
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collected under Section 81.116; |
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(12) oil-field cleanup regulatory fees on gas |
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collected under Section 81.117; |
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(13) fees for a reissued certificate collected under |
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Section 91.707; |
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(14) fees collected under Section 91.1013; |
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(15) fees collected under Section 89.088; |
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(16) fees collected under Section 91.142; |
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(17) fees collected under Section 91.654; |
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(18) costs recovered under Sections 91.656 and 91.657; |
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(19) fees collected under Section 81.0521; |
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(20) fees collected under Sections 89.024 and 89.026; |
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(21) legislative appropriations; |
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(22) any surcharges collected under Section 81.070; |
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(23) fees collected under Section 91.0115; |
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(24) [money deposited to the credit of the fund under
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Section 81.112;
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[(25)] fees collected under Subchapter E, Chapter 121, |
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Utilities Code; [and] |
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(25) [(26)] fees collected under Section 27.0321, |
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Water Code; |
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(26) penalties collected under Section 81.0531 or |
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81.058; |
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(27) penalties collected under Section 85.381, |
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85.385, or 85.3855; |
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(28) administrative penalties collected under Section |
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91.143; |
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(29) money received by the commission under Chapter |
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113; |
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(30) money collected by the commission as fees or |
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civil penalties under Chapter 116, except as provided by Section |
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116.014(a); |
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(31) fees collected under Section 131.355; |
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(32) fees collected under Section 134.054 or 134.055; |
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(33) administrative penalties collected under Chapter |
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134; |
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(34) administrative penalties collected under |
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Subchapter E or G, Chapter 121, Utilities Code; |
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(35) taxes collected under Chapter 122, Utilities |
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Code; and |
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(36) penalties and interest collected under |
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Subchapter E, Chapter 122, Utilities Code. |
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SECTION 4. Section 81.068, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP |
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FUND. Money in the oil and gas regulation and cleanup fund may be |
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used by the commission or its employees or agents for any purpose |
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related to the regulation of oil and gas development, including oil |
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and gas monitoring and inspections, oil and gas remediation, and |
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oil and gas well plugging, the study and evaluation of electronic |
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access to geologic data and surface casing depths necessary to |
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protect usable groundwater in this state, alternative fuels |
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regulatory programs related to liquefied petroleum gas, compressed |
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natural gas, and liquefied natural gas safety [under Section
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81.0681], the administration of pipeline safety and regulatory |
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programs, public information and services related to those |
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activities, the regulation of the rates and services of gas |
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utilities, the administration of surface mining regulatory |
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programs, and administrative costs and state benefits for personnel |
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involved in those activities. |
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SECTION 5. Section 85.381, Natural Resources Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A penalty collected under this section shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 6. Section 85.385, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 85.385. PERSONS AIDING OR ABETTING VIOLATION. (a) Any |
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person who aids or abets any other person in violating Section |
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85.045 or 85.046 of this code, Title 102, Revised [Civil] Statutes |
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[of Texas, 1925], as amended, including provisions of this code |
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formerly included in that title, or any rule or order adopted by the |
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commission under those laws is subject to the same penalties as |
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provided in Section 85.381 of this code. |
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(b) A penalty collected under this section shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 7. Section 85.3855, Natural Resources Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) A penalty collected under this section shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 8. Section 91.143(e), Natural Resources Code, is |
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amended to read as follows: |
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(e) The commission may impose an administrative penalty in |
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the manner provided by Sections 81.0531-81.0534 on a person who |
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violates this section. The amount of the penalty may not exceed |
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$1,000 for each violation. An administrative penalty collected |
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under this subsection shall be deposited to the credit of the oil |
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and gas regulation and cleanup fund. |
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SECTION 9. Section 113.201, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 113.201. DEPOSIT AND EXPENDITURE OF FEES AND FUNDS. |
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Money received by the commission under this chapter shall be |
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deposited in the state treasury to the credit of the oil and gas |
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regulation and cleanup fund [General Revenue Fund] and spent in |
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accordance with the appropriations made by law. |
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SECTION 10. The heading to Section 116.014, Natural |
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Resources Code, is amended to read as follows: |
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Sec. 116.014. DEPOSIT AND USE OF FEES AND CIVIL PENALTIES. |
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SECTION 11. Section 116.014(b), Natural Resources Code, is |
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amended to read as follows: |
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(b) Except as provided by Subsection (a) [of this section], |
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money collected by the commission as fees or civil penalties under |
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this chapter shall be deposited in the oil and gas regulation and |
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cleanup [general revenue] fund. |
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SECTION 12. Section 131.355, Natural Resources Code, is |
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amended by amending Subsection (b) and adding Subsection (c) to |
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read as follows: |
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(b) Section 131.231 does not apply to a fee imposed under |
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this section [subchapter]. |
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(c) A fee collected under this section shall be deposited to |
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the credit of the oil and gas regulation and cleanup fund. |
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SECTION 13. Section 134.054, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the oil and gas regulation and cleanup fund. |
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SECTION 14. Section 134.055, Natural Resources Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A fee collected under this section shall be deposited to |
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the credit of the oil and gas regulation and cleanup fund. |
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SECTION 15. Subchapter H, Chapter 134, Natural Resources |
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Code, is amended by adding Section 134.1815 to read as follows: |
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Sec. 134.1815. DEPOSIT OF ADMINISTRATIVE PENALTY. An |
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administrative penalty collected under this chapter shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 16. Subchapter E, Chapter 121, Utilities Code, is |
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amended by adding Section 121.2105 to read as follows: |
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Sec. 121.2105. DEPOSIT OF ADMINISTRATIVE PENALTY. An |
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administrative penalty collected under this subchapter shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 17. Subchapter G, Chapter 121, Utilities Code, is |
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amended by adding Section 121.3095 to read as follows: |
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Sec. 121.3095. DEPOSIT OF ADMINISTRATIVE PENALTY. An |
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administrative penalty collected under this subchapter shall be |
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deposited to the credit of the oil and gas regulation and cleanup |
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fund. |
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SECTION 18. Subchapter C, Chapter 122, Utilities Code, is |
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amended by adding Section 122.1035 to read as follows: |
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Sec. 122.1035. DEPOSIT OF TAX. A tax collected under this |
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chapter shall be deposited to the credit of the oil and gas |
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regulation and cleanup fund. |
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SECTION 19. Subchapter E, Chapter 122, Utilities Code, is |
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amended by adding Section 122.206 to read as follows: |
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Sec. 122.206. DEPOSIT OF PENALTIES AND INTEREST. Penalties |
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and interest collected under this subchapter shall be deposited to |
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the credit of the oil and gas regulation and cleanup fund. |
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SECTION 20. To the extent of any conflict, this Act prevails |
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over another Act of the 85th Legislature, Regular Session, 2017, |
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relating to nonsubstantive additions to and corrections in enacted |
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codes. |
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SECTION 21. This Act takes effect September 1, 2017. |