81R19418 SMH-F
By: Ritter, Lucio III, Homer, Bonnen H.B. No. 3971
Substitute the following for H.B. No. 3971:
By: Alvarado C.S.H.B. No. 3971
A BILL TO BE ENTITLED
AN ACT
relating to the funding of certain activities of the General Land
Office pertaining to the management of coastal public land.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 40.151(a) and (b), Natural Resources
Code, are amended to read as follows:
(a) The purpose of this subchapter is to provide immediately
available funds for response to all unauthorized discharges, for
cleanup of pollution from unauthorized discharges of oil, for
payment of damages from unauthorized discharges of oil, for the
coastal management program, and for erosion response projects.
(b) The coastal protection fund is established in the state
treasury to be used by the commissioner as a nonlapsing revolving
fund only for carrying out the purposes of this chapter and of
Subchapters F and [Subchapter] H, Chapter 33. To this fund shall be
credited all fees, penalties, judgments, reimbursements, proceeds
from the sale of a vessel or structure removed under Section 40.108,
money forfeited under Section 77.119(e), Parks and Wildlife Code,
interest or income on the fund, and charges provided for in this
chapter and the fee revenues levied, collected, and credited
pursuant to this chapter. [The fund shall not exceed $50 million.]
SECTION 2. Section 40.152(a), Natural Resources Code, is
amended to read as follows:
(a) Money in the fund may be disbursed for the following
purposes and no others:
(1) administrative expenses, personnel and training
expenses, and equipment maintenance and operating costs related to
implementation and enforcement of this chapter;
(2) response costs related to abatement and
containment of actual or threatened unauthorized discharges of oil
incidental to unauthorized discharges of hazardous substances;
(3) response costs and damages related to actual or
threatened unauthorized discharges of oil;
(4) assessment, restoration, rehabilitation, or
replacement of or mitigation of damage to natural resources damaged
by an unauthorized discharge of oil;
(5) in an amount not to exceed $50,000 annually, the
small spill education program;
(6) in an amount not to exceed $1,250,000 annually,
interagency contracts under Section 40.302;
(7) the purchase of response equipment under Section
40.105 within two years of the effective date of this chapter, in an
amount not to exceed $4 million; thereafter, for the purchase of
equipment to replace equipment that is worn or obsolete;
(8) other costs and damages authorized by this
chapter;
(9) costs necessary to administer the coastal
management program under Subchapter F, Chapter 33, and [in an
amount not to exceed the interest accruing to the fund annually,]
erosion response projects under Subchapter H, Chapter 33; and
(10) in conjunction with the Railroad Commission of
Texas, costs related to the plugging of abandoned or orphaned oil
wells located on state-owned submerged lands.
SECTION 3. Section 40.155, Natural Resources Code, is
amended to read as follows:
Sec. 40.155. DETERMINATION OF FEE. (a) Except as
otherwise provided in this section, the rate of the fee shall be
3-1/2 [1-1/3] cents per barrel of crude oil [until the commissioner
certifies that the unencumbered balance in the fund has reached $20
million. The commissioner shall certify to the comptroller the
date on which the unencumbered balance in the fund exceeds $20
million. The fee shall not be collected or required to be paid on or
after the first day of the second month following the
commissioner's certification to the comptroller that the
unencumbered balance in the fund exceeds $20 million].
(b) [If the unencumbered balance in the fund falls below $10
million, the commissioner shall certify such fact to the
comptroller. On receiving the commissioner's certification, the
comptroller shall resume collecting the fee until suspended in the
manner provided in Subsection (a) of this section.
[(c)] Notwithstanding the provisions of Subsection (a) [or
(b) of this section], the fee shall be levied at the rate of 6-1/2
[four] cents per barrel if the commissioner certifies to the
comptroller a written finding of the following facts:
(1) the unencumbered balance in the fund is less than
$20 million;
(2) an unauthorized discharge of oil in excess of
100,000 gallons has occurred within the previous 30 days; and
(3) expenditures from the fund for response costs and
damages are expected to deplete the fund substantially.
(c) [(d)] In the event of a certification to the comptroller
under Subsection (b) [(c) of this section], the comptroller shall
collect the fee at the rate of 6-1/2 [four] cents per barrel until
the unencumbered balance in the fund reaches $20 million or any
lesser amount that the commissioner determines is necessary to pay
response costs and damages without substantially depleting the
fund. The commissioner shall certify to the comptroller the date on
which the unencumbered balance in the fund exceeds $20 million or
such other lesser amount. [The fee shall not be collected or
required to be paid on or after the first day of the second month
following the commissioner's certification to the comptroller.]
(d) [(e)] For purposes of this section, the unencumbered
balance of the fund shall be determined by the unencumbered cash
balance of the fund at the end of each month or on the date of a
finding under Subsection (b) [(c) of this section].
SECTION 4. Section 40.156(b), Natural Resources Code, is
amended to read as follows:
(b) In the event the commissioner makes a finding under
Section 40.155(b) [40.155(c) of this code], the commissioner shall
publish the finding in the Texas Register. [In the event of any
suspension or other reinstatement of the fee, the comptroller shall
publish the suspension or reinstatement in the Texas Register at
least 30 days prior to the scheduled effective date of the
suspension or reinstatement.]
SECTION 5. Section 40.156(c), Natural Resources Code, is
repealed.
SECTION 6. This Act takes effect September 1, 2009.