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A BILL TO BE ENTITLED
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AN ACT
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relating to the amounts, availability, and use of certain |
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statutorily dedicated revenue and accounts; reducing or affecting |
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the amounts of certain statutorily dedicated fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 403.095, Government Code, is amended by |
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amending Subsections (b), (d), and (f) and adding Subsection (e) to |
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read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues that |
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on August 31, 2021 [2019], are estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the 86th [85th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the 86th [85th] |
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Legislature, the comptroller shall reduce each dedicated account as |
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directed by the legislature by an amount that may not exceed the |
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amount by which estimated revenues and unobligated balances exceed |
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appropriations. The reductions may be made in the amounts and at the |
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times necessary for cash flow considerations to allow all the |
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dedicated accounts to maintain adequate cash balances to transact |
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routine business. The legislature may authorize, in the General |
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Appropriations Act, the temporary delay of the excess balance |
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reduction required under this subsection. This subsection does not |
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apply to revenues or balances in: |
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(1) funds outside the treasury; |
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(2) trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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(3) funds created by the constitution or a court; or |
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(4) funds for which separate accounting is required by |
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federal law. |
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(e) Notwithstanding Subsection (b), dedicated revenues in |
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the following accounts or funds or that by law are directed to be |
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deposited to the credit of the following accounts or funds are not |
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available for general governmental purposes and are not considered |
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available for certification under Section 403.121: |
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(1) the Texas Department of Insurance operating |
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account no. 0036; |
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(2) the lifetime license endowment account no. 0544; |
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(3) the permanent fund for health and tobacco |
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education and enforcement account no. 5044; |
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(4) the permanent fund for children and public health |
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account no. 5045; |
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(5) the permanent fund for emergency medical services |
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and trauma care account no. 5046; |
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(6) the permanent fund for rural health facility |
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capital improvement account no. 5047; |
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(7) the permanent hospital fund for capital |
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improvements and the Texas Center for Infectious Disease account |
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no. 5048; |
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(8) the child abuse and neglect prevention operating |
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fund account no. 5084; |
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(9) the child abuse and neglect prevention trust fund |
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account no. 5085; and |
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(10) the separate fund account of each institution of |
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higher education in the general revenue fund. |
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(f) This section expires September 1, 2021 [2019]. |
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SECTION 2. Section 386.051(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) Under the plan, the commission and the comptroller shall |
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provide grants or other funding for: |
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(1) the diesel emissions reduction incentive program |
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established under Subchapter C, including for infrastructure |
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projects established under that subchapter; |
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(2) the motor vehicle purchase or lease incentive |
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program established under Subchapter D; |
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(3) the air quality research support program |
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established under Chapter 387; |
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(4) the clean school bus program established under |
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Chapter 390; |
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(5) the new technology implementation grant program |
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established under Chapter 391; |
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(6) the regional air monitoring program established |
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under Section 386.252(a); |
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(7) a health effects study as provided by Section |
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386.252(a); |
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(8) air quality planning activities as provided by |
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Section 386.252(d); |
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(9) a contract with the Energy Systems Laboratory at |
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the Texas A&M Engineering Experiment Station for computation of |
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creditable statewide emissions reductions as provided by Section |
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386.252(a); |
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(10) the clean fleet program established under Chapter |
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392; |
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(11) the alternative fueling facilities program |
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established under Chapter 393; |
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(12) the natural gas vehicle grant program established |
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under Chapter 394; |
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(13) other programs the commission may develop that |
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lead to reduced emissions of nitrogen oxides, particulate matter, |
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or volatile organic compounds in a nonattainment area or affected |
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county; |
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(14) other programs the commission may develop that |
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support congestion mitigation to reduce mobile source ozone |
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precursor emissions; |
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(15) the seaport and rail yard areas emissions |
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reduction program established under Subchapter D-1; |
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(16) conducting research and other activities |
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associated with making any necessary demonstrations to the United |
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States Environmental Protection Agency to account for the impact of |
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foreign emissions or an exceptional event; |
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(17) studies of or pilot programs for incentives for |
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port authorities located in nonattainment areas or affected |
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counties as provided by Section 386.252(a); [and] |
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(18) the governmental alternative fuel fleet grant |
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program established under Chapter 395; |
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(19) energy efficiency upgrades for state facilities; |
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and |
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(20) a vehicle emissions inspection and maintenance |
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program administered by the Department of Public Safety. |
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SECTION 3. Section 771.0711, Health and Safety Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(a-1) to read as follows: |
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(a) To provide for automatic number identification and |
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automatic location identification of wireless 9-1-1 calls, the |
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commission shall impose on each wireless telecommunications |
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connection a 9-1-1 emergency service fee in an amount equal to 50 |
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cents a month for each wireless telecommunications connection. A |
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political subdivision may not impose another fee on a wireless |
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service provider or subscriber for 9-1-1 emergency service. |
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(a-1) The commission may reduce the amount of the fee under |
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Subsection (a) if the commission determines that the reduction will |
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not prevent entities providing 9-1-1 service from receiving |
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adequate funding. |
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(b) A wireless service provider shall collect the fee |
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imposed under Subsection (a) [in an amount equal to 50 cents a month
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for each wireless telecommunications connection] from its |
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subscribers and shall pay the money collected to the comptroller |
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not later than the 30th day after the last day of the month during |
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which the fees were collected. The comptroller may establish |
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alternative dates for payment of fees under this section. The |
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wireless service provider may retain an administrative fee of one |
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percent of the amount collected. The comptroller shall deposit the |
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money from the fees to the credit of the 9-1-1 services fee account. |
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Until deposited to the credit of the 9-1-1 services fee account as |
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required by Subsection (c), money the comptroller collects under |
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this subsection remains in a trust fund with the state treasury. |
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SECTION 4. Section 40.151, Natural Resources Code, is |
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amended by amending Subsections (a) and (b) and adding Subsection |
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(e) to read as follows: |
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(a) The purpose of this subchapter is to provide immediately |
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available funds for: |
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(1) response to all unauthorized discharges, [for] |
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cleanup of pollution from unauthorized discharges of oil, and [for] |
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payment of damages from unauthorized discharges of oil; |
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(2) [, and for] erosion response projects under |
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Subchapter H, Chapter 33; and |
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(3) coastal resiliency projects identified in the |
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Texas Coastal Resiliency Master Plan published by the General Land |
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Office in 2017 or a successor plan. |
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(b) The coastal protection fund is established in the state |
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treasury to be used by the commissioner as a nonlapsing revolving |
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fund only for carrying out the purposes of this chapter and other |
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purposes listed in Subsection (a) [of Subchapter H, Chapter 33]. To |
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this fund shall be credited all fees, penalties, judgments, |
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reimbursements, proceeds from the sale of a vessel or structure |
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removed under Section 40.108, money forfeited under Section |
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77.119(e), Parks and Wildlife Code, interest or income on the fund, |
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and charges provided for in this chapter and the fee revenues |
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levied, collected, and credited pursuant to this chapter. The fund |
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shall not exceed $50 million. |
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(e) This subchapter does not authorize the General Land |
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Office to carry out a coastal resiliency project described by |
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Subsection (a)(3) that the General Land Office is not authorized by |
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other law to carry out. |
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SECTION 5. Section 40.152(a), Natural Resources Code, is |
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amended to read as follows: |
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(a) Money in the fund may be disbursed for the following |
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purposes and no others: |
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(1) administrative expenses, personnel and training |
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expenses, and equipment maintenance and operating costs related to |
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implementation and enforcement of this chapter; |
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(2) response costs related to abatement and |
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containment of actual or threatened unauthorized discharges of oil |
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incidental to unauthorized discharges of hazardous substances; |
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(3) response costs and damages related to actual or |
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threatened unauthorized discharges of oil; |
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(4) assessment, restoration, rehabilitation, or |
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replacement of or mitigation of damage to natural resources damaged |
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by an unauthorized discharge of oil; |
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(5) in an amount not to exceed $50,000 annually, the |
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small spill education program; |
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(6) in an amount not to exceed $1,250,000 annually, |
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interagency contracts under Section 40.302; |
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(7) the purchase of response equipment under Section |
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40.105 within two years of the effective date of this chapter, in an |
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amount not to exceed $4 million; thereafter, for the purchase of |
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equipment to replace equipment that is worn or obsolete; |
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(8) other costs and damages authorized by this |
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chapter; |
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(9) in an amount not to exceed the interest accruing to |
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the fund annually, erosion response projects under Subchapter H, |
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Chapter 33; [and] |
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(10) coastal resiliency projects identified in the |
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Texas Coastal Resiliency Master Plan published by the General Land |
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Office in 2017 or a successor plan; and |
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(11) in conjunction with the Railroad Commission of |
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Texas, costs related to the plugging of abandoned or orphaned oil |
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wells located on state-owned submerged lands. |
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SECTION 6. Section 40.153, Natural Resources Code, is |
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amended to read as follows: |
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Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall |
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recover to the use of the fund, either from persons responsible for |
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the unauthorized discharge or otherwise liable or from the federal |
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fund, jointly and severally, all sums owed to or expended from the |
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fund. This section does not apply to sums expended under Section |
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40.152(a)(9) or (10). |
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SECTION 7. Section 40.161(c), Natural Resources Code, is |
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amended to read as follows: |
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(c) This section does not apply to a sum expended under |
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Section 40.152(a)(9) or (10). |
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SECTION 8. Section 11.033, Parks and Wildlife Code, is |
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amended by amending Subsection (a) and adding Subsection (c) to |
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read as follows: |
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(a) To the extent allowed by federal law, money in the game, |
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fish, and water safety account may be used for the following |
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purposes: |
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(1) enforcement of fish, shrimp, and oyster laws, game |
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laws, and laws pertaining to sand, shell, and gravel; |
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(2) dissemination of information pertaining to marine |
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life, wild animal life, wildlife values, and wildlife management; |
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(3) scientific investigation and survey of marine life |
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for the better protection and conservation of marine life; |
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(4) establishment and maintenance of fish hatcheries, |
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fish sanctuaries, tidal water fish passes, wildlife management |
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areas, and public hunting grounds; |
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(5) propagation and distribution of marine life, game |
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animals, and wild birds; |
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(6) protection of wild birds, fish, and game; |
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(7) purchase, repair, and operation of boats and |
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dredges; |
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(8) research, management, and protection of the fish |
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and wildlife resources of this state, including alligators and |
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fur-bearing animals; |
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(9) salaries of employees and other expenses necessary |
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to carry out the duties of the department under laws relating to |
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fish, shrimp, oysters, game, water safety, and sand, shell, and |
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gravel; |
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(10) expansion and development of additional |
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opportunities of hunting and fishing in state-owned land and water; |
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(11) removing rough fish from public water; |
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(12) administration and enforcement of the water |
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safety laws as set out in Chapter 31; |
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(13) purchasing all necessary forms and supplies, |
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including reimbursement of the department for any material produced |
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by its existing facilities or work performed by other divisions of |
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the department; |
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(14) purchase, construction, and maintenance of boat |
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ramps on or near public waters as provided in Chapter 31; |
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(15) resource protection activities; [and] |
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(16) coastal resiliency projects identified in the |
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Texas Coastal Resiliency Master Plan published by the General Land |
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Office in 2017 or a successor plan; and |
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(17) any other use provided by law. |
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(c) This section does not authorize the General Land Office |
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to carry out a coastal resiliency project described by Subsection |
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(a)(16) that the General Land Office is not authorized by other law |
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to carry out. |
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SECTION 9. This Act takes effect September 1, 2019. |