LEGISLATIVE BUDGET BOARD Austin, Texas FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION May 30, 2009 TO:Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3827 by Hancock (Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.), Conference Committee Report No significant fiscal implication to the State is anticipated. The bill would create a criminal penalty for any person who physically delivers regulated substance into an underground storage tank (UST) regulated under Texas Water Code, Chapter 26, which has not been issued a valid, current registration and certificate of compliance. Violation of this proposed criminal sanction would be punishable as a Class A misdemeanor. The bill would also provide a defense to prosecution in certain cases, including if the substance was manufactured in strict accordance with state or federal specifications. The bill woudl also create a defense to prosecution from the requirement if a person making the delivery relied on a valid paper delivery certificate presented by the owner or operator of the underground storage tank of displayed at the facility associated with the facility, if a temporary delivery authorization presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank, or registration and self-certification information for the tank obtained from the Texas Commission on Environmental Quality website not more than 30 days before the date of delivery. No significant fiscal impact to the state is expected as a result of the bill's passage. Local Government Impact No significant fiscal implication to units of local government is anticipated. Source Agencies:582 Commission on Environmental Quality LBB Staff: JOB, SD, SZ, TL
LEGISLATIVE BUDGET BOARD
Austin, Texas
FISCAL NOTE, 81ST LEGISLATIVE REGULAR SESSION
May 30, 2009
TO:Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives FROM: John S. O'Brien, Director, Legislative Budget Board IN RE:HB3827 by Hancock (Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.), Conference Committee Report
TO: Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
FROM: John S. O'Brien, Director, Legislative Budget Board
IN RE: HB3827 by Hancock (Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.), Conference Committee Report
Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
Honorable David Dewhurst, Lieutenant Governor, Senate Honorable Joe Straus, Speaker of the House, House of Representatives
John S. O'Brien, Director, Legislative Budget Board
John S. O'Brien, Director, Legislative Budget Board
HB3827 by Hancock (Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.), Conference Committee Report
HB3827 by Hancock (Relating to the delivery of regulated substances into underground storage tanks; providing a penalty.), Conference Committee Report
No significant fiscal implication to the State is anticipated.
No significant fiscal implication to the State is anticipated.
The bill would create a criminal penalty for any person who physically delivers regulated substance into an underground storage tank (UST) regulated under Texas Water Code, Chapter 26, which has not been issued a valid, current registration and certificate of compliance. Violation of this proposed criminal sanction would be punishable as a Class A misdemeanor. The bill would also provide a defense to prosecution in certain cases, including if the substance was manufactured in strict accordance with state or federal specifications. The bill woudl also create a defense to prosecution from the requirement if a person making the delivery relied on a valid paper delivery certificate presented by the owner or operator of the underground storage tank of displayed at the facility associated with the facility, if a temporary delivery authorization presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank, or registration and self-certification information for the tank obtained from the Texas Commission on Environmental Quality website not more than 30 days before the date of delivery. No significant fiscal impact to the state is expected as a result of the bill's passage.
The bill would create a criminal penalty for any person who physically delivers regulated substance into an underground storage tank (UST) regulated under Texas Water Code, Chapter 26, which has not been issued a valid, current registration and certificate of compliance. Violation of this proposed criminal sanction would be punishable as a Class A misdemeanor. The bill would also provide a defense to prosecution in certain cases, including if the substance was manufactured in strict accordance with state or federal specifications. The bill woudl also create a defense to prosecution from the requirement if a person making the delivery relied on a valid paper delivery certificate presented by the owner or operator of the underground storage tank of displayed at the facility associated with the facility, if a temporary delivery authorization presented by the owner or operator of the underground storage tank or displayed at the facility associated with the underground storage tank, or registration and self-certification information for the tank obtained from the Texas Commission on Environmental Quality website not more than 30 days before the date of delivery.
No significant fiscal impact to the state is expected as a result of the bill's passage.
Local Government Impact
No significant fiscal implication to units of local government is anticipated.
Source Agencies: 582 Commission on Environmental Quality
582 Commission on Environmental Quality
LBB Staff: JOB, SD, SZ, TL
JOB, SD, SZ, TL