By: Darby, et al. (Senate Sponsor - Williams) H.B. No. 7
(In the Senate - Received from the House May 6, 2013;
May 7, 2013, read first time and referred to Committee on Finance;
May 20, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 12, Nays 1, 1 present not
voting; May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 7 By: Nelson
A BILL TO BE ENTITLED
AN ACT
relating to the amounts, availability, and use of certain
statutorily dedicated revenue and accounts; reducing or affecting
the amounts or rates of certain statutorily dedicated fees and
assessments; imposing certain court costs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 322, Government Code, is amended by
adding Section 322.024 to read as follows:
Sec. 322.024. REDUCTION OF RELIANCE ON AVAILABLE DEDICATED
REVENUE FOR BUDGET CERTIFICATION. (a) In this section, "available
dedicated revenue" means revenue that Section 403.095 makes
available for certification under Section 403.121.
(b) The board shall:
(1) develop and implement a process to review:
(A) new legislative enactments that create
dedicated revenue; and
(B) the appropriation and accumulation of
dedicated revenue and available dedicated revenue;
(2) develop and implement tools to evaluate the use of
available dedicated revenue for state government financing and
budgeting; and
(3) develop specific and detailed recommendations on
actions the legislature may reasonably take to reduce state
government's reliance on available dedicated revenue for the
purposes of certification under Section 403.121 as authorized by
Section 403.095.
(c) The board shall incorporate into the board's budget
recommendations appropriate measures to reduce state government's
reliance on available dedicated revenue for the purposes of
certification under Section 403.121 as authorized by Section
403.095 and shall include with the budget recommendations plans for
further reducing state government's reliance on available
dedicated revenue for those purposes for the succeeding six years.
(d) The board shall consult the comptroller as necessary to
accomplish the objectives of Subsections (b) and (c).
SECTION 2. Subchapter F, Chapter 403, Government Code, is
amended by adding Section 403.0956 to read as follows:
Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. Notwithstanding any other law, all interest or
other earnings that accrue on all revenue held in an account in the
general revenue fund any part of which Section 403.095 makes
available for certification under Section 403.121 are available for
any general governmental purpose, and the comptroller shall deposit
the interest and earnings to the credit of the general revenue fund.
This section does not apply to:
(1) interest or earnings on revenue deposited in
accordance with Section 51.008, Education Code; or
(2) an account that accrues interest or other earnings
on deposits of state or federal money the diversion of which is
specifically excluded by federal law.
SECTION 3. Sections 361.013(a) and (f), Health and Safety
Code, are amended to read as follows:
(a) Except as provided by Subsections (e) through (i), the
commission shall charge a fee on all solid waste that is disposed of
within this state. The fee is 94 cents [$1.25] per ton received for
disposal at a municipal solid waste landfill if the solid waste is
measured by weight. If the solid waste is measured by volume, the
fee for compacted solid waste is 30 [40] cents per cubic yard and
the fee [or,] for uncompacted solid waste is 19 [, 25] cents per
cubic yard received for disposal at a municipal solid waste
landfill. The commission shall set the fee for sludge or similar
waste applied to the land for beneficial use on a dry weight basis
and for solid waste received at an incinerator or a shredding and
composting facility at half the fee set for solid waste received for
disposal at a landfill. The commission may charge comparable fees
for other means of solid waste disposal that are used.
(f) The commission may not charge a fee under Subsection (a)
for source separated [yard waste] materials that are processed
[composted] at a composting and mulch processing facility,
including a composting and mulch processing facility located at a
permitted landfill site. The commission shall credit any fee
payment due under Subsection (a) for any material received and
processed [converted] to compost or mulch product at the facility
[for composting through a composting process]. Any compost or
mulch product that is produced at a [for] composting and mulch
processing facility that is [not] used in the operation of the
facility or is disposed of [as compost and is deposited] in a
landfill is not exempt from the fee.
SECTION 4. Sections 361.014(a) and (b), Health and Safety
Code, are amended to read as follows:
(a) Revenue received by the commission under Section
361.013 shall be deposited in the state treasury to the credit of
the commission. Of that [Half of the] revenue, 66.7 percent is
dedicated to the commission's municipal solid waste permitting
programs, [and] enforcement programs, and site remediation
programs, and [related support activities and] to pay for
activities that will enhance the state's solid waste management
program. The commission shall issue a biennial report to the
legislature describing in detail how the money was spent. The
activities to enhance the state's solid waste management program
must include[, including]:
(1) provision of funds for the municipal solid waste
management planning fund and the municipal solid waste resource
recovery applied research and technical assistance fund
established by the Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration projects and studies to
help local governments of various populations and the private
sector to convert to accounting systems and set rates that reflect
the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance to local
governments concerning solid waste management;
(4) establishment of a solid waste resource center in
the commission and an office of waste minimization and recycling;
(5) provision of supplemental funding to local
governments for the enforcement of this chapter, the Texas Litter
Abatement Act (Chapter 365), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide public awareness program
concerning solid waste management;
(7) provision of supplemental funds for other state
agencies with responsibilities concerning solid waste management,
recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to promote the development and
stimulation of markets for recycled waste products;
(9) creation of a state municipal solid waste
superfund, from funds appropriated, for:
(A) the cleanup of unauthorized tire dumps and
solid waste dumps for which a responsible party cannot be located or
is not immediately financially able to provide the cleanup;
(B) the cleanup or proper closure of abandoned or
contaminated municipal solid waste sites for which a responsible
party is not immediately financially able to provide the cleanup;
and
(C) remediation, cleanup, and proper closure of
unauthorized recycling sites for which a responsible party is not
immediately financially able to perform the remediation, cleanup,
and closure;
(10) provision of funds to mitigate the economic and
environmental impacts of lead-acid battery recycling activities on
local governments; and
(11) provision of funds for the conduct of research by
a public or private entity to assist the state in developing new
technologies and methods to reduce the amount of municipal waste
disposed of in landfills.
(b) Of [Half of] the revenue received by the commission
under Section 361.013, 33.3 percent is dedicated to local and
regional solid waste projects consistent with regional plans
approved by the commission in accordance with this chapter and to
update and maintain those plans. Those revenues shall be allocated
to municipal solid waste geographic planning regions for use by
local governments and regional planning commissions according to a
formula established by the commission that takes into account
population, area, solid waste fee generation, and public health
needs. Each planning region shall issue a biennial report to the
legislature detailing how the revenue is spent. A project or
service funded under this subsection must promote cooperation
between public and private entities and may not be otherwise
readily available or create a competitive advantage over a private
industry that provides recycling or solid waste services.
SECTION 5. Section 361.133, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), money in the account
attributable to fees imposed under Section 361.138 may be used for
environmental remediation at the site of a closed battery recycling
facility located in the municipal boundaries of a municipality if
the municipality submits to the commission a voluntary compliance
plan for the site and is paying or has paid for part of the costs of
the environmental remediation of the site. This subsection expires
September 30, 2014.
SECTION 6. Section 771.0711(c), Health and Safety Code, is
amended to read as follows:
(c) Money collected under Subsection (b) may be used only
for services related to 9-1-1 services, including automatic number
identification and automatic location information services, or as
authorized by Section 771.079(c). Not later than the 15th day after
the end of the month in which the money is collected, the commission
shall distribute to each emergency communication district that does
not participate in the state system a portion of the money that
bears the same proportion to the total amount collected that the
population of the area served by the district bears to the
population of the state. The remaining money collected under
Subsection (b) shall be deposited to the 9-1-1 services fee
account.
SECTION 7. Section 771.079, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsection (c-1) to
read as follows:
(c) Except as provided by Subsection (c-1), money [Money] in
the account may be appropriated only to the commission for
planning, development, provision, or enhancement of the
effectiveness of 9-1-1 service or for contracts with regional
planning commissions for 9-1-1 service, including for the purposes
of:
(1) maintaining 9-1-1 service levels while providing
for a transition to a system capable of addressing newer
technologies and capable of addressing other needs;
(2) planning and deploying statewide, regional, and
local emergency network systems; and
(3) updating geospatial mapping technologies.
(c-1) The legislature may appropriate money from the
account to provide assistance to volunteer fire departments under
Subchapter G, Chapter 614, Government Code, only if:
(1) the purposes described by Subsection (c) have been
accomplished or are fully funded for the fiscal period for which an
appropriation under this subsection is made; and
(2) all other sources of revenue dedicated for the
purposes of providing assistance to volunteer fire departments
under Subchapter G, Chapter 614, Government Code, are obligated for
the fiscal period for which an appropriation under this subsection
is made.
SECTION 8. Section 780.003(a), Health and Safety Code, is
amended to read as follows:
(a) The designated trauma facility and emergency medical
services account is created as a dedicated account in the general
revenue fund of the state treasury. Money in the account may be
appropriated only to:
(1) the department for the purposes described by
Section 780.004; or
(2) the Texas Higher Education Coordinating Board for
graduate-level:
(A) medical education programs; or
(B) nursing education programs.
SECTION 9. Section 2007.002, Insurance Code, is amended to
read as follows:
Sec. 2007.002. ASSESSMENT. The comptroller shall assess
against all insurers to which this chapter applies amounts for each
state fiscal year necessary, as determined by the commissioner, to
collect a combined total equal to the lesser of the total amount
that the General Appropriations Act appropriates from the volunteer
fire department assistance fund account in the general revenue fund
for that state fiscal year and [of] $30 million [for each 12-month
period].
SECTION 10. Section 81.067(c), Natural Resources Code, is
amended to read as follows:
(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 11. Section 81.068, Natural Resources Code, is
amended to read as follows:
Sec. 81.068. PURPOSES [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, and oil and gas well plugging, the study and
evaluation of electronic access to geologic data and surface casing
depths necessary to protect usable groundwater in this state,
alternative fuels programs under Section 81.0681, public
information and services related to those activities, and
administrative costs and state benefits for personnel involved in
those activities.
SECTION 12. Subchapter C, Chapter 81, Natural Resources
Code, is amended by adding Section 81.0681 to read as follows:
Sec. 81.0681. ALTERNATIVE FUELS PROGRAMS. (a) The
commission may adopt all necessary rules relating to activities
regarding the use of alternative fuels that are or have the
potential to be effective in improving the air quality, energy
security, or economy of this state.
(b) The commission may use the oil and gas regulation and
cleanup fund to pay for activities relating to the use of
alternative fuels, including direct and indirect costs relating to:
(1) researching all possible uses of liquefied
petroleum gas and natural gas as alternative fuels;
(2) researching, developing, and implementing
marketing, advertising, and informational programs relating to
alternative fuels to make alternative fuels more understandable and
readily available to consumers;
(3) developing and implementing conservation and
distribution plans to minimize the frequency and severity of
disruptions in the supply of alternative fuels;
(4) developing a public information plan that will
provide advisory services relating to alternative fuels to
consumers;
(5) developing voluntary participation plans to
promote the use of alternative fuels by federal, state, and local
agencies; and
(6) other functions the commission determines are
necessary to add a program established by the commission for the
purpose of promoting the use of liquefied petroleum gas, natural
gas, or other alternative fuels.
SECTION 13. 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 14. Section 151.801(c-1), Tax Code, is amended to
read as follows:
(c-1) Except as provided by this subsection, the [The]
comptroller may not credit to the Parks and Wildlife Department or
the Texas Historical Commission any amounts under this section that
are in excess of the amounts appropriated to the department or
commission for that biennium[, less any other amounts to which the
department or commission is entitled]. In addition to amounts
appropriated to the Parks and Wildlife Department from the proceeds
described by Subsection (c), the comptroller shall transfer to
appropriate department accounts amounts from those proceeds
sufficient to fund the state contributions for employee benefits of
Parks and Wildlife Department employees whose salaries or wages are
paid from department accounts receiving the transfers.
SECTION 15. Subchapter G, Chapter 504, Transportation Code,
is amended by adding Section 504.6012 to read as follows:
Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
REVENUES IN TRUST. (a) Notwithstanding any other provision of this
subchapter, not later than September 30, 2013, the comptroller
shall eliminate all dedicated accounts established for specialty
license plates under this subchapter and shall set aside the
balances of those dedicated accounts so that the balances may be
appropriated only for the purposes intended as provided by the
dedications.
(b) On and after September 1, 2013, the portion of a fee
payable under this subchapter that is designated for deposit to a
dedicated account shall be paid instead to the credit of an account
in a trust fund created by the comptroller outside the general
revenue fund. The comptroller shall administer the trust fund and
accounts and may allocate the corpus and earnings on each account
only in accordance with the dedications of the revenue deposited to
the trust fund accounts.
SECTION 16. Subchapter Z, Chapter 39, Utilities Code, is
amended by adding Section 39.9039 to read as follows:
Sec. 39.9039. DISBURSEMENT OF SYSTEM BENEFIT FUND BALANCE.
(a) Money in the system benefit fund may be appropriated for the
purpose of returning the money to payers of the fee imposed under
Section 39.903 as provided by this section.
(b) After consultation with the comptroller, the commission
by rule shall establish a system for transmission and distribution
utilities, retail electric providers, municipally owned utilities,
or electric cooperatives to credit retail electric customers' bills
in amounts necessary to expend in accordance with this section and
as fully as practicable any portion of the system benefit fund
appropriated to the commission for that purpose.
(c) The commission shall direct the comptroller to disburse
as much as practicable of the appropriated money described by
Subsection (b) as soon as practicable in one or more installments to
transmission and distribution utilities, retail electric
providers, municipally owned utilities, or electric cooperatives
under the system established under Subsection (b) so that each
entity receives an amount necessary to give each retail electric
customer that has customer choice an equal credit so that the total
of the credits equals the total amount disbursed.
(d) The commission by rule shall require each entity
receiving disbursements under this section to ensure that retail
electric customers that have customer choice, through one or more
billings for electric services, each receive equal credits that, in
the aggregate, equal the amount of the disbursements received under
this section, less a reasonable amount to reimburse the entity for
administering this section as established by the commission in an
amount not to exceed two percent of the disbursements. The
commission by rule shall ensure that the customer is provided, with
the customer's bill, notice that the refund of the system benefit
fund fee is "provided by the Texas Legislature."
(e) The comptroller and commission jointly shall issue a
report on the progress made in developing and implementing the
system required to be established by Subsection (b), and in
disbursing the amount appropriated from the system benefit fund
through that system, not later than December 15 of each fiscal year
for which the money is appropriated. The report issued under this
subsection must be presented in writing to the governor, the
lieutenant governor, the speaker of the house of representatives,
and the standing committees of the senate and house of
representatives having primary jurisdiction over electric
utilities.
SECTION 17. Subchapter I, Chapter 26, Water Code, is
amended by adding Section 26.35745 to read as follows:
Sec. 26.35745. REPORT ON CORRECTIVE ACTIONS FOR PETROLEUM
CONTAMINATED SITES AND FEES NECESSARY TO CONCLUDE PROGRAM. (a) The
commission annually shall prepare a report regarding the status of
corrective actions for sites reported to the commission under this
subchapter as having had a release needing corrective action. The
commission must issue the report to the legislature on or before
November 1 of each year.
(b) Regarding sites reported to the commission under this
subchapter as having had a release needing corrective action on or
before December 22, 1998, and that remain in the commission's PST
State-Lead Program on September 1, 2013, the report must include:
(1) the total number of sites;
(2) the total number of sites for which corrective
action is ongoing;
(3) the total number of sites monitored;
(4) the projected costs of the corrective actions;
(5) the projected costs of monitoring;
(6) a projected timeline for issuing closure letters
under this subchapter for all of the sites; and
(7) for each site, the corrective action activities
proposed and completed during the preceding state fiscal year.
(c) Regarding sites reported to the commission under this
subchapter as having had a release needing corrective action after
December 22, 1998, for which the commission has elected to assume
responsibility for undertaking corrective action under this
subchapter, the report must include:
(1) the current status of each site;
(2) the costs associated with the corrective action
activities performed during the preceding state fiscal year for the
sites;
(3) amounts recovered under Section 26.355 related to
the sites; and
(4) enforcement actions taken against owners and
operators related to those sites.
(d) The commission shall investigate the amount of fees that
would be necessary to cover the costs necessary to conclude the
programs and activities under this subchapter before September 1,
2021. The commission shall include in the annual report under this
section the conclusions of the investigation and the commission's
recommendations regarding the fees and programs and activities.
(e) This section expires September 1, 2021.
SECTION 18. The balance of the system benefit fund, to the
extent that balance is not otherwise appropriated by an Act of the
82nd Legislature or by an Act of the 83rd Legislature, Regular
Session, 2013, is appropriated to the comptroller of public
accounts for the period beginning on the effective date of this Act
and ending August 31, 2014, for the purpose of returning the money
to payers of the fee imposed under Section 39.903, Utilities Code,
as provided by Section 39.9039, Utilities Code, as added by this
Act.
SECTION 19. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2013.
* * * * *