By: Merritt H.B. No. 4668
A BILL TO BE ENTITLED
AN ACT
relating to a fee on the importation and exportation of natural gas
for coastal protection.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 40, Natural Resources
Code, is amended by adding Section 40.1545 to read as follows:
Sec. 40.1545. FEE ON IMPORTATION AND EXPORTATION OF NATURAL
GAS FOR COASTAL EROSION. (a) A fee is imposed on each person who
purchases natural gas that is imported into or exported out of this
state. The rate of the fee imposed by this section is 25 cents on
each million British thermal units of natural gas purchased by the
person that is imported into or exported out of this state.
(b) On or before the 25th day of each month, each person on
whom a fee is imposed by this section shall send to the comptroller
the amount of fee due under this section for the preceding month.
(c) On or before the 25th day of each month, each person on
whom a fee is imposed by this section shall file with the
comptroller a report stating:
(1) the amount of natural gas purchased by the person
that was imported into or exported out of this state during the
preceding month; and
(2) any other information required by the comptroller.
(d) A person on whom a fee is imposed by this section shall
keep a complete record of:
(1) the amount of natural gas purchased by the person
that is imported into or exported out of this state; and
(2) any other information required by the comptroller.
(e) Subtitle B, Title 2, Tax Code, including Section
111.060, Tax Code, applies to the fee imposed by this section.
(f) A person on whom a fee is imposed by this section and who
fails to file a report as required by this section or does not pay
the fee when it is due forfeits to the state a penalty of 12 percent
of the amount of delinquent fee. If a report required by this
section is not filed or a fee imposed by this section is not paid
within 30 days after it is due, the person on whom the fee is imposed
forfeits to the state a penalty of an additional 12 percent of the
amount of delinquent fee. The minimum penalty under this
subsection is $1.
(g) All of the revenue from the fee imposed by this section
shall be deposited to the credit of the coastal protection fund
until the commissioner certifies that the unencumbered balance in
the fund has reached $20 million. Notwithstanding Section 40.151,
following the commissioner's certification to the comptroller that
the unencumbered balance in the fund has reached $20 million, the
comptroller shall deposit the fee imposed by this section to the
credit of the general revenue fund.
(h) If the unencumbered balance in the fund falls below $20
million, the commissioner shall certify that fact to the
comptroller. On receiving the commissioner's certification, the
comptroller shall resume depositing the fee imposed by this section
to the credit of the fund until deposits to the credit of the fund
are suspended in the manner provided in Subsection (g).
(i) 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.
SECTION 2. This Act takes effect September 1, 2009.