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A BILL TO BE ENTITLED
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AN ACT
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relating to the abolishment of the used oil recycling account, |
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deposits of used oil recycling fees, and use of the water resource |
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management account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 371.0245(e), Health and Safety Code, is |
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amended to read as follows: |
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(e) Reimbursements made under this section shall be paid out |
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of the water resource management account [used oil recycling
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account] and may not exceed an aggregate amount of $500,000 each |
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fiscal year. |
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SECTION 2. Section 371.0246(d), Health and Safety Code, is |
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amended to read as follows: |
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(d) All claims for reimbursement filed under this section |
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and Section 371.0245 are subject to funds available for |
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disbursement in the water resource management account [used oil
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recycling account] and to Section 371.0245(e). This subchapter does |
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not create an entitlement to money in the water resource management |
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account [used oil recycling account] or any other fund. |
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SECTION 3. The heading to Subchapter D, Chapter 371, Health |
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and Safety Code, is amended to read as follows: |
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SUBCHAPTER D. USED OIL RECYCLING [ACCOUNT;] FEES |
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SECTION 4. Section 371.061, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE [USED OIL
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RECYCLING ACCOUNT]. (a) [The used oil recycling account is in the
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state treasury.
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[(b)] The following amounts shall be deposited to the water |
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resource management account [consists of]: |
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(1) fees collected under Sections 371.024, 371.026, |
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and 371.062; |
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(2) interest and penalties imposed under this chapter |
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for late payment of fees, failure to file a report, or other |
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violations of this chapter; and |
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(3) gifts, grants, donations, or other financial |
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assistance the commission is authorized to receive under Section |
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371.027. |
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(b) In addition to other authorized uses of money in the |
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water resource management account, the [(c) The] commission may |
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use money in that [the] account [only] for purposes authorized by |
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this chapter, including: |
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(1) public education regarding used oil recycling; |
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(2) grants to public and private do-it-yourselfer used |
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oil collection centers and used oil collection centers; |
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(3) registration of do-it-yourselfer used oil |
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collection centers, used oil collection centers, and used oil |
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handlers other than generators; and |
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(4) administrative costs of implementing this |
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chapter. |
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[(d)
The account is exempt from the application of Section
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403.095, Government Code.
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[(e)
For the purpose of consolidating appropriations, the
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commission may transfer any amount authorized under Subsection
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(c)(4) or by legislative appropriation to the waste management
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account subject to the limitations and requirements of this
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chapter.] |
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SECTION 5. Section 371.062(l), Health and Safety Code, is |
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amended to read as follows: |
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(l) The comptroller may deduct a percentage of the fees |
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collected under this section in an amount sufficient to pay the |
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reasonable and necessary costs of administering and enforcing this |
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section. The comptroller shall credit the amount deducted to the |
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general revenue fund. The balance of fees and all penalties and |
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interest collected under this section shall be deposited to the |
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credit of the water resource management account [used oil recycling
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account]. |
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SECTION 6. Section 5.701(q), Water Code, is amended to read |
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as follows: |
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(q) Notwithstanding any other law, fees collected for |
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deposit to the water resource management account under the |
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following statutes may be appropriated and used to protect water |
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resources in this state, including assessment of water quality, |
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reasonably related to the activities of any of the persons required |
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to pay a fee under: |
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(1) Subsections (b) and (c), to the extent those fees |
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are collected in connection with water use or water quality |
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permits; |
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(2) Subsections (h)-(l); |
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(3) Section 11.138(g); |
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(4) Section 11.145; |
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(5) Section 26.0135(h); |
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(6) Sections 26.0291, 26.044, and 26.0461; or |
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(7) Sections 341.041, 366.058, [and] 366.059, |
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371.024, 371.026, and 371.062, Health and Safety Code. |
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SECTION 7. On September 1, 2017, money remaining in the used |
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oil recycling account is transferred to the water resource |
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management account, and the used oil recycling account is |
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abolished. |
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SECTION 8. This Act takes effect September 1, 2017. |