By: Merritt H.B. No. 4667
A BILL TO BE ENTITLED
AN ACT
relating to the amount and use of the coastal protection fee.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 40.154, Natural Resources Code, is
amended to read as follows:
Sec. 40.154. COASTAL PROTECTION FEE; ADMINISTRATIVE
COSTS. (a) There is hereby imposed a fee on every person owning
crude oil, a petroleum product as defined by Section 115.001, or
liquefied natural gas in a vessel at the time such crude oil,
petroleum product, or liquefied natural gas is transferred to or
from a marine terminal. This fee is in addition to all taxes or
other fees levied on crude oil, petroleum products, or liquefied
natural gas.
(b) The operator of the marine terminal shall collect the
fee from the owner of the crude oil, petroleum product, or liquefied
natural gas and remit the fee to the comptroller unless the owner of
the crude oil, petroleum product, or liquefied natural gas is
registered with the comptroller for remittance of the fee. The fee
shall be imposed only once on the same crude oil, petroleum product,
or liquefied natural gas. The fee shall be paid monthly by the last
day of the month following the calendar month in which liability for
the fee is incurred.
SECTION 2. Sections 40.155(a), (b), and (e), Natural
Resources Code, are amended to read as follows:
(a) Except as otherwise provided in this section, the rate
of the fee shall be 25 [1-1/3] cents per barrel of crude oil, per
barrel of a petroleum product as defined by Section 115.001, or per
barrel of oil equivalent of liquefied natural gas. The comptroller
shall deposit the fee to the credit of the fund until the
commissioner certifies that the unencumbered balance in the fund
has reached $20 million. Notwithstanding Section 40.151, [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 has
reached [exceeds] $20 million, the comptroller shall deposit the
fee to the credit of the general revenue fund.
(b) If the unencumbered balance in the fund falls below $20
[$10] million, the commissioner shall certify such fact to the
comptroller. On receiving the commissioner's certification, the
comptroller shall resume depositing the fee to the credit of the
fund [collecting the fee] until deposits to the credit of the fund
are suspended in the manner provided in Subsection (a) of this
section.
(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 (c) of this section].
SECTION 3. Sections 40.155(c) and (d) and 40.156(b) and
(c), Natural Resources Code, are repealed.
SECTION 4. This Act takes effect September 1, 2009.