Texas 2011 - 82nd Regular

Texas House Bill HB2259 Latest Draft

Bill / Introduced Version

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                            82R9263 JTS-F
 By: Aliseda H.B. No. 2259


 A BILL TO BE ENTITLED
 AN ACT
 relating to a drilling permit road fee for county repair and
 maintenance of public roads.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Subchapter F, Chapter 85, Natural Resources
 Code, is amended by adding Section 85.2025 to read as follows:
 Sec. 85.2025.  DRILLING PERMIT ROAD FEE. (a)  With each
 application or materially amended application filed with the
 commission for a permit to drill, deepen, plug back, or reenter a
 well, the applicant shall submit to the commission a nonrefundable
 road fee of:
 (1)  $75 if the total depth of the well is 2,000 feet or
 less;
 (2)  $100 if the total depth of the well is greater than
 2,000 feet but less than or equal to 4,000 feet;
 (3)  $150 if the total depth of the well is greater than
 4,000 feet but less than or equal to 9,000 feet; and
 (4)  $200 if the total depth of the well is greater than
 9,000 feet.
 (b)  An applicant shall submit an additional nonrefundable
 road fee of $150 to the commission when requesting that the
 commission expedite the application for a permit to drill, deepen,
 plug back, or reenter a well.
 (c)  The commission shall remit road fees collected under
 this section to the comptroller for deposit in the public and state
 roads maintenance and repair account under Section 251.201,
 Transportation Code.
 SECTION 2.  Chapter 251, Transportation Code, is amended by
 adding Subchapter F to read as follows:
 SUBCHAPTER F.  PUBLIC AND STATE ROADS MAINTENANCE AND REPAIR
 ACCOUNT
 Sec. 251.201.  PUBLIC AND STATE ROADS MAINTENANCE AND REPAIR
 ACCOUNT. The public and state roads maintenance and repair account
 is an account in the general revenue fund. The account consists of
 drilling permit road fees imposed under Section 85.2025, Natural
 Resources Code.
 Sec. 251.202.  DISTRIBUTION OF REVENUE TO COUNTIES. (a)  On
 a quarterly basis, the comptroller shall distribute money in the
 public and state roads maintenance and repair account to each
 county in an amount equal to the amount of road fees collected for
 permits to drill in that county.
 (b)  For permits to drill in more than one county, the
 comptroller shall divide the road fee between the counties evenly.
 Sec. 251.203.  USE OF REVENUE. (a)  Money received by a
 county under Section 251.202 may be used by the county only to
 repair and maintain public roads, including by:
 (1)  contracting with the commission for the county to
 undertake improvements to the state highway system as authorized
 under Section 251.014; or
 (2)  reimbursing the department for maintenance or
 repairs under Section 251.205.
 (b)  A county shall use 75 percent of money received under
 Section 251.202 for the repair and maintenance of public roads that
 are part of the state highway system and 25 percent of the money for
 the repair and maintenance of public roads that are not part of the
 state highway system.
 Sec. 251.204.  RECORDS. A county shall maintain a record
 that accurately identifies the receipt and expenditure of all money
 received under Section 251.202.
 Sec. 251.205.  REIMBURSEMENT OF DEPARTMENT EXPENSES.  A
 county shall reimburse the department on a quarterly basis for the
 department's repair and maintenance of the state highway system in
 the county if the department submits to the county a request for
 reimbursement and invoices for work performed.
 Sec. 251.206.  DEPOSIT OF REIMBURSEMENTS FOR REPAIRS AND
 MAINTENANCE OF THE STATE HIGHWAY SYSTEM. The department shall
 deposit reimbursements received from a county under Section 251.205
 in the state highway fund.
 SECTION 3.  Section 85.2025, Natural Resources Code, as
 added by this Act, applies only to an application for a permit
 received by the Railroad Commission of Texas on or after the
 effective date of this Act.
 SECTION 4.  This Act takes effect September 1, 2011.