Texas 2011 - 82nd Regular

Texas House Bill HB3418 Compare Versions

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Old	New	Differences
1	1	82R22477 JJT-D
2	2	By: Darby H.B. No. 3418
3	3	Substitute the following for H.B. No. 3418:
4	4	By: Darby C.S.H.B. No. 3418
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to certain state fiscal matters related to natural
10	10	resources or the environment.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
13	13	GENERALLY
14	14	SECTION 1.01. This article applies to any state agency that
15	15	receives an appropriation under Article VI of the General
16	16	Appropriations Act.
17	17	SECTION 1.02. Notwithstanding any other statute of this
18	18	state, each state agency to which this article applies is
19	19	authorized to reduce or recover expenditures by:
20	20	(1) consolidating any reports or publications the
21	21	agency is required to make and filing or delivering any of those
22	22	reports or publications exclusively by electronic means;
23	23	(2) extending the effective period of any license,
24	24	permit, or registration the agency grants or administers;
25	25	(3) entering into a contract with another governmental
26	26	entity or with a private vendor to carry out any of the agency's
27	27	duties;
28	28	(4) adopting additional eligibility requirements for
29	29	persons who receive benefits under any law the agency administers
30	30	to ensure that those benefits are received by the most deserving
31	31	persons consistent with the purposes for which the benefits are
32	32	provided;
33	33	(5) providing that any communication between the
34	34	agency and another person and any document required to be delivered
35	35	to or by the agency, including any application, notice, billing
36	36	statement, receipt, or certificate, may be made or delivered by
37	37	e-mail or through the Internet; and
38	38	(6) adopting and collecting fees or charges to cover
39	39	any costs the agency incurs in performing its lawful functions.
40	40	ARTICLE 2. FISCAL MATTERS CONCERNING ANIMAL HEALTH REGULATION
41	41	SECTION 2.01. Section 161.060, Agriculture Code, is amended
42	42	to read as follows:
43	43	Sec. 161.060. AUTHORITY TO SET AND COLLECT [INSPECTION]
44	44	FEES. The commission by rule may set and collect a fee for any
45	45	service provided [charge a fee, as provided by commission rule, for
46	46	an inspection made] by the commission, including:
47	47	(1) the inspection of animals or facilities;
48	48	(2) the testing of animals for disease;
49	49	(3) obtaining samples from animals for disease
50	50	testing;
51	51	(4) disease eradication and treatment efforts;
52	52	(5) services related to the transport of livestock;
53	53	(6) control and eradication of ticks and other pests;
54	54	and
55	55	(7) any other service for which the commission incurs
56	56	a cost.
57	57	ARTICLE 3. FISCAL MATTERS REGARDING PETROLEUM INDUSTRY REGULATION
58	58	SECTION 3.01. Section 26.3574(b), Water Code, is amended to
59	59	read as follows:
60	60	(b) A fee is imposed on the delivery of a petroleum product
61	61	on withdrawal from bulk of that product as provided by this
62	62	subsection. Each operator of a bulk facility on withdrawal from
63	63	bulk of a petroleum product shall collect from the person who orders
64	64	the withdrawal a fee in an amount determined as follows:
65	65	(1) $3.125 [$3.75] for each delivery into a cargo tank
66	66	having a capacity of less than 2,500 gallons for the state fiscal
67	67	year beginning September 1, 2011 [2007], through the state fiscal
68	68	year ending August 31, 2015 [2011];
69	69	(2) $6.25 [$7.50] for each delivery into a cargo tank
70	70	having a capacity of 2,500 gallons or more but less than 5,000
71	71	gallons for the state fiscal year beginning September 1, 2011
72	72	[2007], through the state fiscal year ending August 31, 2015
73	73	[2011];
74	74	(3) $9.37 [$11.75] for each delivery into a cargo tank
75	75	having a capacity of 5,000 gallons or more but less than 8,000
76	76	gallons for the state fiscal year beginning September 1, 2011
77	77	[2007], through the state fiscal year ending August 31, 2015
78	78	[2011];
79	79	(4) $12.50 [$15.00] for each delivery into a cargo
80	80	tank having a capacity of 8,000 gallons or more but less than 10,000
81	81	gallons for the state fiscal year beginning September 1, 2011
82	82	[2007], through the state fiscal year ending August 31, 2015
83	83	[2011]; and
84	84	(5) $6.25 [$7.50] for each increment of 5,000 gallons
85	85	or any part thereof delivered into a cargo tank having a capacity of
86	86	10,000 gallons or more for the state fiscal year beginning
87	87	September 1, 2011 [2007], through the state fiscal year ending
88	88	August 31, 2015 [2011].
89	89	ARTICLE 4. COASTAL EROSION
90	90	SECTION 4.01. Section 33.608, Natural Resources Code, is
91	91	amended to read as follows:
92	92	Sec. 33.608. REPORT TO LEGISLATURE. (a) Each biennium, the
93	93	commissioner shall submit to the legislature a report listing:
94	94	(1) each critical erosion area;
95	95	(2) each proposed erosion response study or project;
96	96	(3) an estimate of the cost of each proposed study or
97	97	project described by Subdivision (2);
98	98	(4) each coastal erosion response study or project
99	99	funded under this subchapter during the preceding biennium;
100	100	(5) the economic and natural resource benefits from
101	101	each coastal erosion response study or project described by
102	102	Subdivision (4);
103	103	(6) the financial status of the account; and
104	104	(7) an estimate of the cost of implementing this
105	105	subchapter during the succeeding biennium.
106	106	(b) The report must include a plan for coastal erosion
107	107	response studies and projects that may be funded, wholly or partly,
108	108	from money in the account and may be undertaken during the next 10
109	109	or more years.
110	110	ARTICLE 5. TEXAS FARM AND RANCH LANDS CONSERVATION PROGRAM
111	111	SECTION 5.01. Section 183.059(b), Natural Resources Code,
112	112	is amended to read as follows:
113	113	(b) To receive a grant from the fund under this subchapter,
114	114	an applicant who is qualified to be an easement holder under this
115	115	subchapter must submit an application to the council. The
116	116	application must:
117	117	(1) set out the parties' clear conservation goals
118	118	consistent with the program;
119	119	(2) include a site-specific estimate-of-value
120	120	appraisal by a licensed appraiser qualified to determine the market
121	121	value of the easement; and
122	122	(3) [demonstrate that the applicant is able to match
123	123	50 percent of the amount of the grant being sought, considering that
124	124	the council may choose to allow a donation of part of the appraised
125	125	value of the easement to be considered as in-kind matching funds;
126	126	and
127	127	[(4)] include a memorandum of understanding signed by
128	128	the landowner and the applicant indicating intent to sell an
129	129	agricultural conservation easement and containing the terms of the
130	130	contract for the sale of the easement.
131	131	ARTICLE 6. EFFECTIVE DATE
132	132	SECTION 6.01. This Act takes effect September 1, 2011.