81R11611 TRH-F By: Farabee H.B. No. 2853 A BILL TO BE ENTITLED AN ACT relating to the amount and use of certain fees imposed in connection with oil and gas activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 81.116(a), Natural Resources Code, is amended to read as follows: (a) An oil-field cleanup regulatory fee is imposed on crude petroleum produced in this state in the amount of five-sixteenths [five-eighths] of one cent on each barrel of 42 standard gallons. SECTION 2. Section 81.117(a), Natural Resources Code, is amended to read as follows: (a) An oil-field cleanup regulatory fee is imposed on gas initially produced and saved in this state in the amount of one-thirtieth [one-fifteenth] of one cent for each thousand cubic feet. SECTION 3. Section 85.2021(d), Natural Resources Code, is amended to read as follows: (d) One-half of the [All] fees collected under this section shall be deposited in the state oil-field cleanup fund. SECTION 4. Section 91.111(c), Natural Resources Code, is amended to read as follows: (c) The fund consists of: (1) penalties imposed under Section 85.381 for violation of a law, order, or rule relating to well plugging requirements; (2) 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; (3) private contributions, including contributions made under Section 89.084; (4) expenses collected under Section 89.083; (5) one-half of the fees imposed under Section 85.2021; (6) civil penalties collected for violations of Chapter 89 or of rules or orders relating to plugging that are adopted under this code; (7) proceeds collected under Sections 89.085 and 91.115; (8) interest earned on the funds deposited in the fund; (9) civil penalties or costs recovered under Section 91.457 or 91.459; (10) oil and gas waste hauler permit application fees collected under Section 29.015, Water Code; (11) costs recovered under Section 91.113(f); (12) hazardous oil and gas waste generation fees collected under Section 91.605; (13) oil-field cleanup regulatory fees on oil collected under Section 81.116; (14) oil-field cleanup regulatory fees on gas collected under Section 81.117; (15) fees for a reissued certificate collected under Section 91.707; (16) fees collected under Section 91.1013; (17) fees collected under Section 89.088; (18) penalties collected under Section 81.0531; (19) fees collected under Section 91.142; (20) fees collected under Section 91.654; (21) costs recovered under Sections 91.656 and 91.657; (22) two-thirds of the fees collected under Section 81.0521; and (23) legislative appropriations. SECTION 5. This Act takes effect September 1, 2009.