Texas 2009 - 81st Regular

Texas House Bill HB3971 Compare Versions

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1	1	81R19418 SMH-F
2	2	By: Ritter, Lucio III, Homer, Bonnen H.B. No. 3971
3	3	Substitute the following for H.B. No. 3971:
4	4	By: Alvarado C.S.H.B. No. 3971
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the funding of certain activities of the General Land
10	10	Office pertaining to the management of coastal public land.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 40.151(a) and (b), Natural Resources
13	13	Code, are amended to read as follows:
14	14	(a) The purpose of this subchapter is to provide immediately
15	15	available funds for response to all unauthorized discharges, for
16	16	cleanup of pollution from unauthorized discharges of oil, for
17	17	payment of damages from unauthorized discharges of oil, for the
18	18	coastal management program, and for erosion response projects.
19	19	(b) The coastal protection fund is established in the state
20	20	treasury to be used by the commissioner as a nonlapsing revolving
21	21	fund only for carrying out the purposes of this chapter and of
22	22	Subchapters F and [Subchapter] H, Chapter 33. To this fund shall be
23	23	credited all fees, penalties, judgments, reimbursements, proceeds
24	24	from the sale of a vessel or structure removed under Section 40.108,
25	25	money forfeited under Section 77.119(e), Parks and Wildlife Code,
26	26	interest or income on the fund, and charges provided for in this
27	27	chapter and the fee revenues levied, collected, and credited
28	28	pursuant to this chapter. [The fund shall not exceed $50 million.]
29	29	SECTION 2. Section 40.152(a), Natural Resources Code, is
30	30	amended to read as follows:
31	31	(a) Money in the fund may be disbursed for the following
32	32	purposes and no others:
33	33	(1) administrative expenses, personnel and training
34	34	expenses, and equipment maintenance and operating costs related to
35	35	implementation and enforcement of this chapter;
36	36	(2) response costs related to abatement and
37	37	containment of actual or threatened unauthorized discharges of oil
38	38	incidental to unauthorized discharges of hazardous substances;
39	39	(3) response costs and damages related to actual or
40	40	threatened unauthorized discharges of oil;
41	41	(4) assessment, restoration, rehabilitation, or
42	42	replacement of or mitigation of damage to natural resources damaged
43	43	by an unauthorized discharge of oil;
44	44	(5) in an amount not to exceed $50,000 annually, the
45	45	small spill education program;
46	46	(6) in an amount not to exceed $1,250,000 annually,
47	47	interagency contracts under Section 40.302;
48	48	(7) the purchase of response equipment under Section
49	49	40.105 within two years of the effective date of this chapter, in an
50	50	amount not to exceed $4 million; thereafter, for the purchase of
51	51	equipment to replace equipment that is worn or obsolete;
52	52	(8) other costs and damages authorized by this
53	53	chapter;
54	54	(9) costs necessary to administer the coastal
55	55	management program under Subchapter F, Chapter 33, and [in an
56	56	amount not to exceed the interest accruing to the fund annually,]
57	57	erosion response projects under Subchapter H, Chapter 33; and
58	58	(10) in conjunction with the Railroad Commission of
59	59	Texas, costs related to the plugging of abandoned or orphaned oil
60	60	wells located on state-owned submerged lands.
61	61	SECTION 3. Section 40.155, Natural Resources Code, is
62	62	amended to read as follows:
63	63	Sec. 40.155. DETERMINATION OF FEE. (a) Except as
64	64	otherwise provided in this section, the rate of the fee shall be
65	65	3-1/2 [1-1/3] cents per barrel of crude oil [until the commissioner
66	66	certifies that the unencumbered balance in the fund has reached $20
67	67	million. The commissioner shall certify to the comptroller the
68	68	date on which the unencumbered balance in the fund exceeds $20
69	69	million. The fee shall not be collected or required to be paid on or
70	70	after the first day of the second month following the
71	71	commissioner's certification to the comptroller that the
72	72	unencumbered balance in the fund exceeds $20 million].
73	73	(b) [If the unencumbered balance in the fund falls below $10
74	74	million, the commissioner shall certify such fact to the
75	75	comptroller. On receiving the commissioner's certification, the
76	76	comptroller shall resume collecting the fee until suspended in the
77	77	manner provided in Subsection (a) of this section.
78	78	[(c)] Notwithstanding the provisions of Subsection (a) [or
79	79	(b) of this section], the fee shall be levied at the rate of 6-1/2
80	80	[four] cents per barrel if the commissioner certifies to the
81	81	comptroller a written finding of the following facts:
82	82	(1) the unencumbered balance in the fund is less than
83	83	$20 million;
84	84	(2) an unauthorized discharge of oil in excess of
85	85	100,000 gallons has occurred within the previous 30 days; and
86	86	(3) expenditures from the fund for response costs and
87	87	damages are expected to deplete the fund substantially.
88	88	(c) [(d)] In the event of a certification to the comptroller
89	89	under Subsection (b) [(c) of this section], the comptroller shall
90	90	collect the fee at the rate of 6-1/2 [four] cents per barrel until
91	91	the unencumbered balance in the fund reaches $20 million or any
92	92	lesser amount that the commissioner determines is necessary to pay
93	93	response costs and damages without substantially depleting the
94	94	fund. The commissioner shall certify to the comptroller the date on
95	95	which the unencumbered balance in the fund exceeds $20 million or
96	96	such other lesser amount. [The fee shall not be collected or
97	97	required to be paid on or after the first day of the second month
98	98	following the commissioner's certification to the comptroller.]
99	99	(d) [(e)] For purposes of this section, the unencumbered
100	100	balance of the fund shall be determined by the unencumbered cash
101	101	balance of the fund at the end of each month or on the date of a
102	102	finding under Subsection (b) [(c) of this section].
103	103	SECTION 4. Section 40.156(b), Natural Resources Code, is
104	104	amended to read as follows:
105	105	(b) In the event the commissioner makes a finding under
106	106	Section 40.155(b) [40.155(c) of this code], the commissioner shall
107	107	publish the finding in the Texas Register. [In the event of any
108	108	suspension or other reinstatement of the fee, the comptroller shall
109	109	publish the suspension or reinstatement in the Texas Register at
110	110	least 30 days prior to the scheduled effective date of the
111	111	suspension or reinstatement.]
112	112	SECTION 5. Section 40.156(c), Natural Resources Code, is
113	113	repealed.
114	114	SECTION 6. This Act takes effect September 1, 2009.