| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the composition and use of money in the oil and gas |
|
|
regulation and cleanup fund. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 81.0531(e), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(e) A penalty collected under this section shall be |
|
|
deposited to the credit of the oil and gas regulation and |
|
|
[oil-field] cleanup fund. |
|
|
SECTION 2. Section 81.067(c), Natural Resources Code, as |
|
|
amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B. |
|
|
1488), Acts of the 85th Legislature, Regular Session, 2017, is |
|
|
reenacted and amended to read as follows: |
|
|
(c) The fund consists of: |
|
|
(1) proceeds from bonds and other financial security |
|
|
required by this chapter and benefits under well-specific plugging |
|
|
insurance policies described by Section 91.104(c) that are paid to |
|
|
the state as contingent beneficiary of the policies, subject to the |
|
|
refund provisions of Section 91.1091, if applicable; |
|
|
(2) private contributions, including contributions |
|
|
made under Section 89.084; |
|
|
(3) expenses collected under Section 89.083; |
|
|
(4) fees imposed under Section 85.2021; |
|
|
(5) costs recovered under Section 91.457 or 91.459; |
|
|
(6) proceeds collected under Sections 89.085 and |
|
|
91.115; |
|
|
(7) interest earned on the funds deposited in the |
|
|
fund; |
|
|
(8) oil and gas waste hauler permit application fees |
|
|
collected under Section 29.015, Water Code; |
|
|
(9) costs recovered under Section 91.113(f); |
|
|
(10) hazardous oil and gas waste generation fees |
|
|
collected under Section 91.605; |
|
|
(11) oil-field cleanup regulatory fees on oil |
|
|
collected under Section 81.116; |
|
|
(12) oil-field cleanup regulatory fees on gas |
|
|
collected under Section 81.117; |
|
|
(13) fees for a reissued certificate collected under |
|
|
Section 91.707; |
|
|
(14) fees collected under Section 91.1013; |
|
|
(15) fees collected under Section 89.088; |
|
|
(16) fees collected under Section 91.142; |
|
|
(17) fees collected under Section 91.654; |
|
|
(18) costs recovered under Sections 91.656 and 91.657; |
|
|
(19) fees collected under Section 81.0521; |
|
|
(20) fees collected under Sections 89.024 and 89.026; |
|
|
(21) legislative appropriations; |
|
|
(22) any surcharges collected under Section 81.070; |
|
|
(23) fees collected under Section 91.0115; |
|
|
(24) fees collected under Subchapter E, Chapter 121, |
|
|
Utilities Code; |
|
|
(25) fees collected under Section 27.0321, Water Code; |
|
|
[and] |
|
|
(26) fees collected under Section 81.071; |
|
|
(27) [(26)] money collected under Section 81.021; |
|
|
(28) penalties collected under Section 81.0531; |
|
|
(29) taxes collected under Chapter 122, Utilities |
|
|
Code; and |
|
|
(30) penalties and interest collected under |
|
|
Subchapter E, Chapter 122, Utilities Code. |
|
|
SECTION 3. Effective September 1, 2031, Section 81.067(c), |
|
|
Natural Resources Code, as amended by Chapters 57 (H.B. 1818), 72 |
|
|
(S.B. 1422), and 324 (S.B. 1488), Acts of the 85th Legislature, |
|
|
Regular Session, 2017, is reenacted and amended to read as follows: |
|
|
(c) The fund consists of: |
|
|
(1) proceeds from bonds and other financial security |
|
|
required by this chapter and benefits under well-specific plugging |
|
|
insurance policies described by Section 91.104(c) that are paid to |
|
|
the state as contingent beneficiary of the policies, subject to the |
|
|
refund provisions of Section 91.1091, if applicable; |
|
|
(2) private contributions, including contributions |
|
|
made under Section 89.084; |
|
|
(3) expenses collected under Section 89.083; |
|
|
(4) fees imposed under Section 85.2021; |
|
|
(5) costs recovered under Section 91.457 or 91.459; |
|
|
(6) proceeds collected under Sections 89.085 and |
|
|
91.115; |
|
|
(7) interest earned on the funds deposited in the |
|
|
fund; |
|
|
(8) oil and gas waste hauler permit application fees |
|
|
collected under Section 29.015, Water Code; |
|
|
(9) costs recovered under Section 91.113(f); |
|
|
(10) hazardous oil and gas waste generation fees |
|
|
collected under Section 91.605; |
|
|
(11) oil-field cleanup regulatory fees on oil |
|
|
collected under Section 81.116; |
|
|
(12) oil-field cleanup regulatory fees on gas |
|
|
collected under Section 81.117; |
|
|
(13) fees for a reissued certificate collected under |
|
|
Section 91.707; |
|
|
(14) fees collected under Section 91.1013; |
|
|
(15) fees collected under Section 89.088; |
|
|
(16) fees collected under Section 91.142; |
|
|
(17) fees collected under Section 91.654; |
|
|
(18) costs recovered under Sections 91.656 and 91.657; |
|
|
(19) fees collected under Section 81.0521; |
|
|
(20) fees collected under Sections 89.024 and 89.026; |
|
|
(21) legislative appropriations; |
|
|
(22) any surcharges collected under Section 81.070; |
|
|
(23) fees collected under Section 91.0115; |
|
|
(24) fees collected under Subchapter E, Chapter 121, |
|
|
Utilities Code; |
|
|
(25) fees collected under Section 27.0321, Water Code; |
|
|
[and] |
|
|
(26) fees collected under Section 81.071; |
|
|
(27) [26] money collected under Section 81.021; and |
|
|
(28) penalties collected under Section 81.0531. |
|
|
SECTION 4. Section 81.068, Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP |
|
|
FUND. Money in the oil and gas regulation and cleanup fund may be |
|
|
used by the commission or its employees or agents for any purpose |
|
|
related to the regulation of oil and gas development, including oil |
|
|
and gas monitoring and inspections, oil and gas remediation, and |
|
|
oil and gas well plugging, the study and evaluation of electronic |
|
|
access to geologic data and surface casing depths necessary to |
|
|
protect usable groundwater in this state, alternative fuels |
|
|
regulatory programs related to liquefied petroleum gas, compressed |
|
|
natural gas, and liquefied natural gas safety, the administration |
|
|
of pipeline safety and regulatory programs, public information and |
|
|
services related to those activities, the regulation of the rates |
|
|
and services of gas utilities, the administration of surface mining |
|
|
regulatory programs, and administrative costs and state benefits |
|
|
for personnel involved in those activities. |
|
|
SECTION 5. Section 81.116(d), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(d) [The comptroller shall suspend collection of the fee in
|
|
|
the manner provided by Section 81.067.] The exemptions and |
|
|
reductions set out in Sections 202.052, 202.054, 202.056, 202.057, |
|
|
202.059, and 202.060, Tax Code, do not affect the fee imposed by |
|
|
this section. |
|
|
SECTION 6. Section 81.117(d), Natural Resources Code, is |
|
|
amended to read as follows: |
|
|
(d) [The comptroller shall suspend collection of the fee in
|
|
|
the manner provided by Section 81.067.] The exemptions and |
|
|
reductions set out in Sections 201.053, 201.057, 201.058, and |
|
|
202.060, Tax Code, do not affect the fee imposed by this section. |
|
|
SECTION 7. Subchapter C, Chapter 122, Utilities Code, is |
|
|
amended by adding Section 122.1035 to read as follows: |
|
|
Sec. 122.1035. DEPOSIT OF TAX. A tax collected under this |
|
|
chapter shall be deposited to the credit of the oil and gas |
|
|
regulation and cleanup fund. This section expires September 1, |
|
|
2031. |
|
|
SECTION 8. Subchapter E, Chapter 122, Utilities Code, is |
|
|
amended by adding Section 122.206 to read as follows: |
|
|
Sec. 122.206. DEPOSIT OF PENALTIES AND INTEREST. Penalties |
|
|
and interest collected under this subchapter shall be deposited to |
|
|
the credit of the oil and gas regulation and cleanup fund. This |
|
|
section expires September 1, 2031. |
|
|
SECTION 9. Section 81.067(b), Natural Resources Code, is |
|
|
repealed. |
|
|
SECTION 10. To the extent of any conflict, this Act prevails |
|
|
over another Act of the 86th Legislature, Regular Session, 2019, |
|
|
relating to nonsubstantive additions to and corrections in enacted |
|
|
codes. |
|
|
SECTION 11. Except as otherwise provided by this Act, this |
|
|
Act takes effect September 1, 2019. |