83R3130 JJT-D
By: Darby H.B. No. 7
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.
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.
(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 interest or earnings on revenue
deposited in accordance with Section 51.008, Education Code.
SECTION 3. Section 361.013(a), Health and Safety Code, is
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.
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 and
enforcement programs and related support activities and to pay for
activities that will enhance the state's solid waste management
program, 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 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 6. Section 771.079(c), Health and Safety Code, is
amended to read as follows:
(c) Money in the account may be appropriated only to:
(1) 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;
or
(2) the Texas A&M Forest Service for providing
assistance to volunteer fire departments under Subchapter G,
Chapter 614, Government Code.
SECTION 7. 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 8. 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 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 [of $30 million for each 12-month period].
SECTION 9. Subchapter I, Chapter 26, Water Code, is amended
by adding Section 26.35745 to read as follows:
Sec. 26.35745. REPORT ON FEES NECESSARY TO CONCLUDE
PROGRAM. 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 present a report to the legislature on
the conclusions of the investigation and include in the report the
commission's recommendations regarding the fees and programs and
activities. The report must be presented not later than January 30,
2015. This section expires September 1, 2021.
SECTION 10. Sections 501.138(b-2) and (b-3),
Transportation Code, are repealed.
SECTION 11. 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.