| 1 | 1 | | By: Merritt H.B. No. 4668 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a fee on the importation and exportation of natural gas |
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| 7 | 7 | | for coastal protection. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Subchapter D, Chapter 40, Natural Resources |
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| 10 | 10 | | Code, is amended by adding Section 40.1545 to read as follows: |
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| 11 | 11 | | Sec. 40.1545. FEE ON IMPORTATION AND EXPORTATION OF NATURAL |
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| 12 | 12 | | GAS FOR COASTAL EROSION. (a) A fee is imposed on each person who |
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| 13 | 13 | | purchases natural gas that is imported into or exported out of this |
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| 14 | 14 | | state. The rate of the fee imposed by this section is 25 cents on |
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| 15 | 15 | | each million British thermal units of natural gas purchased by the |
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| 16 | 16 | | person that is imported into or exported out of this state. |
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| 17 | 17 | | (b) On or before the 25th day of each month, each person on |
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| 18 | 18 | | whom a fee is imposed by this section shall send to the comptroller |
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| 19 | 19 | | the amount of fee due under this section for the preceding month. |
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| 20 | 20 | | (c) On or before the 25th day of each month, each person on |
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| 21 | 21 | | whom a fee is imposed by this section shall file with the |
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| 22 | 22 | | comptroller a report stating: |
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| 23 | 23 | | (1) the amount of natural gas purchased by the person |
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| 24 | 24 | | that was imported into or exported out of this state during the |
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| 25 | 25 | | preceding month; and |
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| 26 | 26 | | (2) any other information required by the comptroller. |
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| 27 | 27 | | (d) A person on whom a fee is imposed by this section shall |
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| 28 | 28 | | keep a complete record of: |
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| 29 | 29 | | (1) the amount of natural gas purchased by the person |
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| 30 | 30 | | that is imported into or exported out of this state; and |
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| 31 | 31 | | (2) any other information required by the comptroller. |
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| 32 | 32 | | (e) Subtitle B, Title 2, Tax Code, including Section |
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| 33 | 33 | | 111.060, Tax Code, applies to the fee imposed by this section. |
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| 34 | 34 | | (f) A person on whom a fee is imposed by this section and who |
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| 35 | 35 | | fails to file a report as required by this section or does not pay |
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| 36 | 36 | | the fee when it is due forfeits to the state a penalty of 12 percent |
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| 37 | 37 | | of the amount of delinquent fee. If a report required by this |
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| 38 | 38 | | section is not filed or a fee imposed by this section is not paid |
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| 39 | 39 | | within 30 days after it is due, the person on whom the fee is imposed |
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| 40 | 40 | | forfeits to the state a penalty of an additional 12 percent of the |
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| 41 | 41 | | amount of delinquent fee. The minimum penalty under this |
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| 42 | 42 | | subsection is $1. |
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| 43 | 43 | | (g) All of the revenue from the fee imposed by this section |
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| 44 | 44 | | shall be deposited to the credit of the coastal protection fund |
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| 45 | 45 | | until the commissioner certifies that the unencumbered balance in |
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| 46 | 46 | | the fund has reached $20 million. Notwithstanding Section 40.151, |
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| 47 | 47 | | following the commissioner's certification to the comptroller that |
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| 48 | 48 | | the unencumbered balance in the fund has reached $20 million, the |
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| 49 | 49 | | comptroller shall deposit the fee imposed by this section to the |
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| 50 | 50 | | credit of the general revenue fund. |
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| 51 | 51 | | (h) If the unencumbered balance in the fund falls below $20 |
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| 52 | 52 | | million, the commissioner shall certify that fact to the |
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| 53 | 53 | | comptroller. On receiving the commissioner's certification, the |
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| 54 | 54 | | comptroller shall resume depositing the fee imposed by this section |
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| 55 | 55 | | to the credit of the fund until deposits to the credit of the fund |
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| 56 | 56 | | are suspended in the manner provided in Subsection (g). |
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| 57 | 57 | | (i) For purposes of this section, the unencumbered balance |
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| 58 | 58 | | of the fund shall be determined by the unencumbered cash balance of |
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| 59 | 59 | | the fund at the end of each month. |
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| 60 | 60 | | SECTION 2. This Act takes effect September 1, 2009. |
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