By: Hinojosa, et al. S.B. No. 1105

(Phelan)

A BILL TO BE ENTITLED

AN ACT

relating to the abolishment of the used oil recycling account, deposits of used oil recycling fees, and use of the water resource management account.

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

SECTION 1. Section 371.0245(e), Health and Safety Code, is amended to read as follows:

(e) Reimbursements made under this section shall be paid out of the water resource management account [used oil recycling account] and may not exceed an aggregate amount of $500,000 each fiscal year.

SECTION 2. Section 371.0246(d), Health and Safety Code, is amended to read as follows:

(d) All claims for reimbursement filed under this section and Section 371.0245 are subject to funds available for disbursement in the water resource management account [used oil recycling account] and to Section 371.0245(e). This subchapter does not create an entitlement to money in the water resource management account [used oil recycling account] or any other fund.

SECTION 3. The heading to Subchapter D, Chapter 371, Health and Safety Code, is amended to read as follows:

SUBCHAPTER D. USED OIL RECYCLING [ACCOUNT;] FEES

SECTION 4. Section 371.061, Health and Safety Code, is amended to read as follows:

Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE [USED OIL RECYCLING ACCOUNT]. (a) [The used oil recycling account is in the state treasury.

[(b)] The following amounts shall be deposited to the water resource management account [consists of]:

(1) fees collected under Sections 371.024, 371.026, and 371.062;

(2) interest and penalties imposed under this chapter for late payment of fees, failure to file a report, or other violations of this chapter; and

(3) gifts, grants, donations, or other financial assistance the commission is authorized to receive under Section 371.027.

(b) In addition to other authorized uses of money in the water resource management account, the [(c) The] commission may use money in that [the] account [only] for purposes authorized by this chapter, including:

(1) public education regarding used oil recycling;

(2) grants to public and private do-it-yourselfer used oil collection centers and used oil collection centers;

(3) registration of do-it-yourselfer used oil collection centers, used oil collection centers, and used oil handlers other than generators; and

(4) administrative costs of implementing this chapter.

[(d) The account is exempt from the application of Section 403.095, Government Code.

[(e) For the purpose of consolidating appropriations, the commission may transfer any amount authorized under Subsection (c)(4) or by legislative appropriation to the waste management account subject to the limitations and requirements of this chapter.]

SECTION 5. Section 371.062(l), Health and Safety Code, is amended to read as follows:

(l) The comptroller may deduct a percentage of the fees collected under this section in an amount sufficient to pay the reasonable and necessary costs of administering and enforcing this section. The comptroller shall credit the amount deducted to the general revenue fund. The balance of fees and all penalties and interest collected under this section shall be deposited to the credit of the water resource management account [used oil recycling account].

SECTION 6. Section 5.701(q), Water Code, is amended to read as follows:

(q) Notwithstanding any other law, fees collected for deposit to the water resource management account under the following statutes may be appropriated and used to protect water resources in this state, including assessment of water quality, reasonably related to the activities of any of the persons required to pay a fee under:

(1) Subsections (b) and (c), to the extent those fees are collected in connection with water use or water quality permits;

(2) Subsections (h)-(l);

(3) Section 11.138(g);

(4) Section 11.145;

(5) Section 26.0135(h);

(6) Sections 26.0291, 26.044, and 26.0461; or

(7) Sections 341.041, 366.058, [and] 366.059, 371.024, 371.026, and 371.062, Health and Safety Code.

SECTION 7. On September 1, 2017, money remaining in the used oil recycling account is transferred to the water resource management account, and the used oil recycling account is abolished.

SECTION 8. This Act takes effect September 1, 2017.