H.B. No. 3309
AN ACT
relating to the composition and use of money in the oil and gas
regulation and cleanup fund.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 81.067(b) and (c), Natural Resources
Code, are amended to read as follows:
(b) The commission shall certify to the comptroller the date
on which the balance in the fund equals or exceeds $30 [$20]
million. The oil-field cleanup regulatory fees on oil and gas shall
not be collected or required to be paid on or after the first day of
the second month following the certification, except that the
comptroller shall resume collecting the fees on receipt of a
commission certification that the fund has fallen below $25 [$10]
million. The comptroller shall continue collecting the fees until
collections are again suspended in the manner provided by this
subsection.
(c) The fund consists of:
(1) proceeds from bonds and other financial security
required by this chapter and benefits under well-specific plugging
insurance policies described by Section 91.104(c) that are paid to
the state as contingent beneficiary of the policies, subject to the
refund provisions of Section 91.1091, if applicable;
(2) private contributions, including contributions
made under Section 89.084;
(3) expenses collected under Section 89.083;
(4) fees imposed under Section 85.2021;
(5) costs recovered under Section 91.457 or 91.459;
(6) proceeds collected under Sections 89.085 and
91.115;
(7) interest earned on the funds deposited in the
fund;
(8) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(9) costs recovered under Section 91.113(f);
(10) hazardous oil and gas waste generation fees
collected under Section 91.605;
(11) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(12) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(13) fees for a reissued certificate collected under
Section 91.707;
(14) fees collected under Section 91.1013;
(15) fees collected under Section 89.088;
(16) fees collected under Section 91.142;
(17) fees collected under Section 91.654;
(18) costs recovered under Sections 91.656 and 91.657;
(19) two-thirds of the fees collected under Section
81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations; [and]
(22) any surcharges collected under Section 81.070;
and
(23) fees collected under Section 91.0115.
SECTION 2. Section 81.068, Natural Resources Code, is
amended to read as follows:
Sec. 81.068. PURPOSE OF OIL AND GAS REGULATION AND CLEANUP
FUND. Money in the oil and gas regulation and cleanup fund may be
used by the commission or its employees or agents for any purpose
related to the regulation of oil and gas development, including oil
and gas monitoring and inspections, oil and gas remediation, oil
and gas well plugging, public information and services related to
those activities, the study and evaluation of electronic access to
geologic data and surface casing depths necessary to protect usable
groundwater in this state, and administrative costs and state
benefits for personnel involved in those activities.
SECTION 3. Section 91.0115, Natural Resources Code, is
amended by amending Subsection (c) and adding Subsection (d) to
read as follows:
(c) The commission shall charge a fee not to exceed $75, in
addition to the fee required by Subsection (b), for processing a
request to expedite a letter of determination. [Money collected
under this subsection may be used to study and evaluate electronic
access to geologic data and surface casing depths under Section
91.020.]
(d) The fees collected under this section shall be deposited
in the oil and gas regulation and cleanup fund.
SECTION 4. This Act takes effect September 1, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3309 was passed by the House on April
26, 2013, by the following vote: Yeas 135, Nays 1, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3309 on May 23, 2013, by the following vote: Yeas 140, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3309 was passed by the Senate, with
amendments, on May 21, 2013, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor