Texas 2009 - 81st Regular

Texas House Bill HB4667 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	By: Merritt H.B. No. 4667
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3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the amount and use of the coastal protection fee.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	SECTION 1. Section 40.154, Natural Resources Code, is
9	9	amended to read as follows:
10	10	Sec. 40.154. COASTAL PROTECTION FEE; ADMINISTRATIVE
11	11	COSTS. (a) There is hereby imposed a fee on every person owning
12	12	crude oil, a petroleum product as defined by Section 115.001, or
13	13	liquefied natural gas in a vessel at the time such crude oil,
14	14	petroleum product, or liquefied natural gas is transferred to or
15	15	from a marine terminal. This fee is in addition to all taxes or
16	16	other fees levied on crude oil, petroleum products, or liquefied
17	17	natural gas.
18	18	(b) The operator of the marine terminal shall collect the
19	19	fee from the owner of the crude oil, petroleum product, or liquefied
20	20	natural gas and remit the fee to the comptroller unless the owner of
21	21	the crude oil, petroleum product, or liquefied natural gas is
22	22	registered with the comptroller for remittance of the fee. The fee
23	23	shall be imposed only once on the same crude oil, petroleum product,
24	24	or liquefied natural gas. The fee shall be paid monthly by the last
25	25	day of the month following the calendar month in which liability for
26	26	the fee is incurred.
27	27	SECTION 2. Sections 40.155(a), (b), and (e), Natural
28	28	Resources Code, are amended to read as follows:
29	29	(a) Except as otherwise provided in this section, the rate
30	30	of the fee shall be 25 [1-1/3] cents per barrel of crude oil, per
31	31	barrel of a petroleum product as defined by Section 115.001, or per
32	32	barrel of oil equivalent of liquefied natural gas. The comptroller
33	33	shall deposit the fee to the credit of the fund until the
34	34	commissioner certifies that the unencumbered balance in the fund
35	35	has reached $20 million. Notwithstanding Section 40.151, [The
36	36	commissioner shall certify to the comptroller the date on which the
37	37	unencumbered balance in the fund exceeds $20 million. The fee
38	38	shall not be collected or required to be paid on or after the first
39	39	day of the second month] following the commissioner's certification
40	40	to the comptroller that the unencumbered balance in the fund has
41	41	reached [exceeds] $20 million, the comptroller shall deposit the
42	42	fee to the credit of the general revenue fund.
43	43	(b) If the unencumbered balance in the fund falls below $20
44	44	[$10] million, the commissioner shall certify such fact to the
45	45	comptroller. On receiving the commissioner's certification, the
46	46	comptroller shall resume depositing the fee to the credit of the
47	47	fund [collecting the fee] until deposits to the credit of the fund
48	48	are suspended in the manner provided in Subsection (a) of this
49	49	section.
50	50	(e) For purposes of this section, the unencumbered balance
51	51	of the fund shall be determined by the unencumbered cash balance of
52	52	the fund at the end of each month [or on the date of a finding under
53	53	Subsection (c) of this section].
54	54	SECTION 3. Sections 40.155(c) and (d) and 40.156(b) and
55	55	(c), Natural Resources Code, are repealed.
56	56	SECTION 4. This Act takes effect September 1, 2009.