By: Darby, Pitts, Gonzales, Menendez, H.B. No. 7
Turner of Harris, et al.
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. Article 102.018, Code of Criminal Procedure, is
amended by adding Subsection (e) to read as follows:
(e) On the conviction of an offense relating to the
operating of a motor vehicle while intoxicated, as defined by
Section 49.09(c)(1)(A) or (B), Penal Code, the court shall impose a
cost of $10 on a defendant. A cost imposed under this subsection is
in addition to a cost imposed under Subsection (a), (b), or (c).
Each cost collected under this subsection shall be deposited in the
account to the credit of the office of the governor as provided by
Section 401.106, Government Code, for the prevention of driving
while intoxicated.
SECTION 2. Subchapter B, Chapter 102, Government Code, is
amended by adding Section 102.0215 to read as follows:
Sec. 102.0215. ADDITIONAL COURT COSTS: CODE OF CRIMINAL
PROCEDURE. A defendant who is convicted of an offense relating to
the operating of a motor vehicle while intoxicated shall pay a cost
on conviction, in addition to all other costs, to help fund the
prevention of driving while intoxicated under Section 401.106,
Government Code (Art. 102.018(e), Code of Criminal Procedure) . . .
$10.
SECTION 3. 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) For the purpose of reduction of reliance on available
dedicated revenue for budget certification, the board shall not set
the rate of growth of appropriation as required by Section 316.001
to exceed the lesser of:
(1) the revenue estimate required by Section 403.121;
(2) the estimated rate of growth of the state's economy
pursuant to Section 316.002; or
(3) a rate equal to the sum of:
(A) the estimated biennial rate of growth of the
state's population; and
(B) the estimated biennial rate of monetary
inflation in the state.
(e) The board shall determine the estimated biennial rate of
growth of the state's population based on the average rate of growth
during the preceding six years according to United States Census
Bureau estimates as certified by the comptroller. The board shall
determine the estimated biennial rate of monetary inflation in the
state based on the average rate of change during the preceding six
years of the effective consumer price index for the state. For
purposes of this subsection, the effective consumer price index for
the state is the average of the consumer price indexes as determined
by the United States Department of Labor for the Corpus Christi
metropolitan area and for the Dallas/Fort Worth metropolitan area.
(f) The board shall consult the comptroller as necessary to
accomplish the objectives of Subsections (b) and (c).
SECTION 4. Subchapter F, Chapter 401, Government Code, is
amended by adding Section 401.106 to read as follows:
Sec. 401.106. DRIVING WHILE INTOXICATED PREVENTION;
COLLECTION OF CERTAIN FEES. (a) In this section, "offense relating
to the operating of a motor vehicle while intoxicated" has the
meaning assigned by Section 49.09(c), Penal Code.
(b) Court costs imposed under Article 102.018(e), Code of
Criminal Procedure, shall be deposited in a general revenue
dedicated account to the credit of the office of the governor to be
used and may be appropriated only for the support of programs for
the prevention of offenses relating to the operating of a motor
vehicle while intoxicated in this state.
SECTION 5. 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 state or federal law.
SECTION 6. 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 7. 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 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. Section 501.138(b-2), Transportation Code, is
amended to read as follows:
(b-2) The comptroller shall establish a record of the amount
of the fees deposited to the credit of the Texas Mobility Fund under
Subsection (b-1) and shall monitor transfers to and from the Texas
emissions reduction plan fund. On or before the fifth workday of
each month, the department shall remit to the comptroller for
deposit to the credit of the Texas emissions reduction plan fund an
amount of money, not to exceed [equal to] the amount of the fees
deposited by the comptroller to the credit of the Texas Mobility
Fund under Subsection (b-1) in the preceding month, the comptroller
determines is necessary to meet amounts appropriated from the Texas
emissions reduction plan fund or, after consultation with the Texas
Commission on Environmental Quality, if a fee is imposed on
stationary sources in a county located in a nonattainment area as
provided by 42 U.S.C. Section 7511d, an amount of money not to
exceed the amount of the total of fees attributable to applicants
for titles, other than the state or political subdivisions of the
state, who reside in a county located in a nonattainment area or in
an affected county, as described by Subsection (a)(1). The
department shall use for remittance to the comptroller as required
by this subsection money in the state highway fund that is not
required to be used for a purpose specified by Section 7-a, Article
VIII, Texas Constitution, and may not use for that remittance money
received by this state under the congestion mitigation and air
quality improvement program established under 23 U.S.C. Section
149. The Texas Transportation Commission may designate for
congestion mitigation projects or for deposit to the Texas rail
relocation fund eligible amounts retained in the state highway fund
because the amounts were not required to be remitted under this
subsection on the condition that the Texas Commission on
Environmental Quality, after a public hearing, finds that the use
of the funds for those purposes will be at least as effective as
other eligible uses of those funds under the Texas emissions
reduction plan in maintaining or attaining compliance with the
federal Clean Air Act and notifies the Texas Transportation
Commission of that finding. Unless that condition is met, the
amounts shall be deposited to the credit of the Texas emissions
reduction plan fund. The Texas Commission on Environmental Quality
by rule shall adopt criteria for making the finding required by this
subsection.
SECTION 18. 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 19. Section 17.007, Utilities Code, is amended to
read as follows:
Sec. 17.007. ELIGIBILITY PROCESS FOR CUSTOMER SERVICE
DISCOUNTS. The commission by rule shall provide for an integrated
eligibility process for customer service discounts, including
discounts under Sections 39.9035 [39.903] and 55.015.
SECTION 20. Section 39.002, Utilities Code, is amended to
read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than
Sections 39.155, 39.157(e), 39.203, 39.903, 39.9035, 39.904,
39.9051, 39.9052, and 39.914(e), does not apply to a municipally
owned utility or an electric cooperative. Sections 39.157(e),
39.203, and 39.904, however, apply only to a municipally owned
utility or an electric cooperative that is offering customer
choice. If there is a conflict between the specific provisions of
this chapter and any other provisions of this title, except for
Chapters 40 and 41, the provisions of this chapter control.
SECTION 21. Subchapter Z, Chapter 39, Utilities Code, is
amended by amending Section 39.903 and adding Section 39.9035 to
read as follows:
Sec. 39.903. SYSTEM BENEFIT FUND. (a) The system benefit
fund is an account in the general revenue fund. Money in the
account may be appropriated only for the purposes provided by this
section [or other law]. Interest earned on the system benefit fund
shall be credited to the fund. Section 403.095, Government Code,
does not apply to the system benefit fund.
(b) The system benefit fund is financed by a nonbypassable
system benefit fund fee set by the commission in an amount not to
exceed two [65] cents per megawatt hour. The system benefit fund
fee is allocated to customers based on the amount of kilowatt hours
used.
(c) The nonbypassable system benefit fund fee may not be
imposed on the retail electric customers of a municipally owned
utility or electric cooperative before the sixth month preceding
the date on which the utility or cooperative implements customer
choice. Money distributed from the system benefit fund to a
municipally owned utility or an electric cooperative shall be
proportional to the nonbypassable fee paid by the municipally owned
utility or the electric cooperative[, subject to the reimbursement
provided by Subsection (i)]. On request by a municipally owned
utility or electric cooperative, the commission shall reduce the
nonbypassable fee imposed on retail electric customers served by
the municipally owned utility or electric cooperative by an amount
equal to the amount provided by the municipally owned utility or
electric cooperative or its ratepayers for [local low-income
programs and] local programs that educate customers about the
retail electric market in a neutral and nonpromotional manner. The
commission shall adopt rules providing for reimbursements from
appropriated system benefit fund money for activities authorized
for funding under this section.
(d) The commission shall annually review and approve system
benefit fund accounts, projected revenue requirements, and
proposed nonbypassable fees. The commission shall report to the
electric utility restructuring legislative oversight committee if
the system benefit fund fee is insufficient to fund the purposes set
forth in Subsection (e) to the extent required by this section.
(e) Money in the system benefit fund may be appropriated to
provide funding solely for the following regulatory purposes [, in
the following order of priority]:
(1) [programs to:
[(A) assist low-income electric customers by
providing the 10 percent reduced rate prescribed by Subsection (h);
and
[(B) provide one-time bill payment assistance to
electric customers who are or who have in their households one or
more seriously ill or disabled low-income persons and who have been
threatened with disconnection for nonpayment;
[(2)] customer education programs;
(2) [,] administrative expenses incurred by the
commission in implementing and administering this chapter;
(3) [, and] expenses incurred by the office under this
chapter;
(4) [(3)] programs to assist low-income electric
customers by providing weatherization or other [the targeted]
energy efficiency programs [described by Subsection (f)(2);
[(4) programs to assist low-income electric customers
by providing the 20 percent reduced rate prescribed by Subsection
(h)]; and
(5) reimbursement to the commission and the Health and
Human Services Commission for expenses incurred in the
implementation and administration of an integrated eligibility
process created under Section 17.007 for customer service discounts
relating to retail electric service, including outreach expenses
the commission determines are reasonable and necessary.
(f) The legislature may appropriate from the system benefit
fund not more than $100 million each state fiscal biennium for the
purposes of Subsection (e)(4). Money appropriated from the system
benefit fund for the purposes of Subsection (e)(4) must be
transferred to the low-income electric customers program fund for
disbursement under Section 39.9035.
Sec. 39.9035. LOW-INCOME ELECTRIC CUSTOMERS PROGRAM FUND.
(a) In this section, "critical care residential customer" means a
residential customer who has a person permanently residing in the
customer's home who is diagnosed by a physician as being dependent
on an electric-powered medical device to sustain life.
(b) The commission shall adopt and enforce rules requiring
transmission and distribution utilities to establish a low-income
electric customers program fund under commission oversight. The
rules must provide for:
(1) the fund to be established as a trust fund outside
of the state treasury;
(2) the fund to be held by an administrator selected by
the transmission and distribution utilities in accordance with
standards adopted by the commission; and
(3) any interest earned on money in the fund to be
credited to the fund.
(c) The administrator serves as trustee of the fund for the
benefit of low-income electric customer programs described by this
section, and in accordance with commission rules, the administrator
may make any payments or reimbursements from the fund to further the
programs. Commission rules must prescribe the maximum percentage
of money available in the fund that may be used for the expenses of
administering the fund and for annual independent auditing of the
fund and expenditures and other transactions related to the fund.
The commission or its agents may at any time examine any records
related to the fund or investigate any fund-related expenditures or
expenses. The administrator and each transmission and distribution
utility shall fully cooperate with any investigation regarding the
fund conducted by the commission or its agents.
(d) The commission by rule shall impose a nonbypassable
low-income electric customers program fund fee to be set by the
commission in an amount not to exceed 50 cents per megawatt hour,
allocated to customers based on the amount of kilowatt hours used.
(e) The commission shall provide for a nonbypassable fee in
the same amount as the fee imposed under Subsection (d) to be
imposed on the retail electric customers of a municipally owned
utility or electric cooperative beginning on the first day of the
sixth month preceding the date on which the utility or cooperative
implements customer choice. Money distributed from the system
benefit fund to a municipally owned utility or an electric
cooperative shall be proportional to the nonbypassable fee paid by
the municipally owned utility or the electric cooperative. On
request by a municipally owned utility or electric cooperative, the
commission shall reduce the nonbypassable fee imposed on retail
electric customers served by the municipally owned utility or
electric cooperative by an amount equal to the amount provided by
the municipally owned utility or electric cooperative or its
ratepayers for local low-income programs.
(f) Commission rules adopted under this section must
provide that the low-income electric customers program fund fees
collected for the programs described by this section are collected
through the rates of the transmission and distribution service
providers and deposited into the low-income electric customers
program fund.
(g) Except as provided by Subsection (h), money in the
low-income electric customers program fund may be spent only for
the following regulatory purposes and must be allocated as follows:
(1) not more than 96 percent of the money available in
the fund must be used to provide a 15 percent reduced rate for
low-income households for each billing period during the months of
May through October of each year; and
(2) not more than 4 percent of the money available in
the fund must be used for bill payment assistance for critical care
residential customers with total household incomes not to exceed
400 percent of the federal poverty guidelines.
(h) Only money appropriated for the purposes of Section
39.903(e)(4) and transferred to the fund may be used to finance
low-income electric customer weatherization programs under this
section. The programs must be operated by a statewide network of
federal weatherization program providers under federal
weatherization program guidelines and may include related
low-income energy efficiency programs.
(i) [(f) Notwithstanding Section 39.106(b), the commission
shall adopt rules regarding programs to assist low-income electric
customers on the introduction of customer choice. The programs may
not be targeted to areas served by municipally owned utilities or
electric cooperatives that have not adopted customer choice. The
programs shall include:
[(1) reduced electric rates as provided by Subsections
(h)-(l); and
[(2) targeted energy efficiency programs to be
administered by the Texas Department of Housing and Community
Affairs in coordination with existing weatherization programs.
[(g)] Until customer choice is introduced in a power region,
an electric utility may not reduce, in any manner, programs already
offered to assist low-income electric customers.
(j) [(h)] The commission shall adopt rules for a retail
electric provider to determine a reduced rate for eligible
customers to be discounted off the standard retail service package
as approved by the commission under Section 39.106 and shall
require a retail electric provider to apply the same reduction to
any rate plan under which an eligible low-income electric customer
is receiving service [, or the price to beat established by Section
39.202, whichever is lower]. Municipally owned utilities and
electric cooperatives shall establish a reduced rate for eligible
customers to be discounted off the standard retail service package
established under Section 40.053 or 41.053, as appropriate, so that
the total of the discounts provided under this section is
proportional to the total of the nonbypassable fees imposed as
provided by Section 39.9035(e) that are collected from the retail
electric customers of the utility or cooperative. The reduced rate
for a retail electric provider shall result in a total charge for
each billing period that is at least 15 [10] percent [and, if
sufficient money in the system benefit fund is available, up to 20
percent,] lower than the amount the customer would otherwise be
charged for each billing period. To the extent the low-income
electric customers program [system benefit] fund is insufficient to
pay for [fund] the 15 [initial 10] percent rate reduction, the
commission may increase the fee to an amount of not more than 50
[65] cents per megawatt hour, as provided by Subsection (d) [(b)].
If the fee is set at 50 [65] cents per megawatt hour or if the
commission determines that revenues anticipated to be due for
deposit to the fund are [appropriations are] insufficient to pay
for [fund] the 15 [10] percent rate reduction, the commission shall
[may] reduce the rate of the reduction to less than 15 [10] percent.
For a municipally owned utility or electric cooperative, the
reduced rate shall be equal to an amount that can be fully funded by
that portion of the nonbypassable fee proceeds paid by the
municipally owned utility or electric cooperative that is allocated
to the utility or cooperative by the commission under Subsection
(g) [(e)] for programs for low-income customers of the utility or
cooperative. The reduced rate for municipally owned utilities and
electric cooperatives under this section is in addition to any rate
reduction that may result from local programs for low-income
customers of the municipally owned utilities or electric
cooperatives. Before August 1 of each even-numbered year, the
commission shall project whether revenue anticipated to be due for
deposit to the fund during the next state fiscal biennium will be
sufficient to pay for the 15 percent rate reduction. If the
commission projects that the anticipated revenue would be
insufficient to pay for the rate reduction, not later than August 1
the commission shall report to the Legislative Budget Board the
additional amount that would be necessary to pay for the rate
reduction and request that the board include in the budget for that
biennium an appropriation in that amount to the commission for that
purpose from the system benefit fund or another source.
Notwithstanding Section 39.903, the legislature may appropriate
money from the system benefit fund for the purpose of ensuring
sufficient funding to pay for the rate reduction.
(k) [(i)] A retail electric provider, municipally owned
utility, or electric cooperative seeking reimbursement from the
low-income electric customers program [system benefit] fund may not
charge an eligible low-income customer a rate higher than the
appropriate rate determined under Subsection (j) [(h)].
Commission rules must provide for [A retail electric provider not
subject to the price to beat, or] a municipally owned utility or
electric cooperative subject to the nonbypassable fee under
Subsection (e) to [(c), shall] be reimbursed from the [system
benefit] fund for the difference between the reduced rate and the
rate established under [Section 39.106 or, as appropriate, the rate
established under] Section 40.053 or 41.053, as appropriate. A
retail electric provider [who is subject to the price to beat] shall
be reimbursed from the [system benefit] fund for the difference
between the reduced rate and the rate plan under which the customer
is receiving service [the price to beat]. The commission shall
adopt rules providing for the reimbursement.
(l) [(j)] The commission shall adopt rules providing for
methods of enrolling customers eligible to receive the reduced
rates determined under Subsection (j) [(h)]. The rules must
provide for automatic enrollment as one enrollment option. The
Health and [Texas Department of] Human Services Commission, on
request of the commission, shall assist in the adoption and
implementation of these rules. The commission and the Health and
[Texas Department of] Human Services Commission shall enter into a
memorandum of understanding establishing the respective duties of
the agencies [commission and the department] in relation to the
automatic enrollment. Rules adopted under this section must
provide that:
(1) an electric customer eligible for the reduced
rates determined under Subsection (j) is also eligible for reduced
rates for telecommunications services offered for low-income
customers; and
(2) a customer eligible for reduced rates for
telecommunications services offered for low-income customers is
also eligible for the reduced rates established under Subsection
(j).
(m) [(j-1)] The commission shall adopt rules governing the
bill payment assistance program provided under Subsection (g)(2)
[(e)(1)(B)]. The rules must provide that a customer is eligible to
receive the assistance only if the assistance is necessary to
prevent the disconnection of service for nonpayment of bills for a
critical care residential customer [and the electric customer is or
has in the customer's household one or more seriously ill or
disabled low-income persons whose health or safety may be injured
by the disconnection]. The commission may prescribe the
documentation necessary to demonstrate eligibility for the
assistance and may establish additional eligibility criteria. The
Health and Human Services Commission, on request of the commission,
shall assist in the adoption and implementation of these rules.
(n) [(k)] A retail electric provider is prohibited from
charging the customer a fee for participation in the reduced rate
program.
(o) Notwithstanding Subsections (d), (e), (f), and (j), the
low-income electric customers program fund fee may not be imposed
after August 31, 2023. After that date, the commission and the
administrator shall undertake to continue the low-income electric
customers programs described by this section until the balances of
the fund and the system benefit fund are exhausted.
[(l) For the purposes of this section, a "low-income
electric customer" is an electric customer:
[(1) whose household income is not more than 125
percent of the federal poverty guidelines; or
[(2) who receives food stamps from the Texas
Department of Human Services or medical assistance from a state
agency administering a part of the medical assistance program.]
SECTION 22. Section 39.905(f), Utilities Code, is amended
to read as follows:
(f) Unless funding is provided under Section 39.9035
[39.903], each unbundled transmission and distribution utility
shall include in its energy efficiency plan a weatherization and
[targeted] low-income energy efficiency program as described by
Section 39.9035(h) [39.903(f)(2)], and the savings achieved by the
program shall count toward the transmission and distribution
utility's energy efficiency goal. The commission shall determine
the appropriate level of funding to be allocated to both the
required weatherization programs [targeted] and standard offer
low-income energy efficiency programs in each unbundled
transmission and distribution utility service area. The level of
funding for the required weatherization programs and low-income
energy efficiency programs shall be provided from money approved by
the commission for the transmission and distribution utility's
energy efficiency programs. The commission shall ensure that
annual expenditures for the required weatherization programs and
[targeted] low-income energy efficiency programs of each unbundled
transmission and distribution utility are not less than 10 percent
of the transmission and distribution utility's energy efficiency
budget for the year. A required weatherization program or a
[targeted] low-income energy efficiency program must comply with
the same audit requirements that apply to federal weatherization
subrecipients. In an energy efficiency cost recovery factor
proceeding related to expenditures under this subsection, the
commission shall make findings of fact regarding whether the
utility meets requirements imposed under this subsection. The
state agency that administers the federal weatherization
assistance program shall provide reports as required by the
commission to provide the most current information available on
energy and peak demand savings achieved in each transmission and
distribution utility service area. The agency shall participate in
energy efficiency cost recovery factor proceedings related to
expenditures under this subsection to ensure that the required
weatherization programs and [targeted] low-income weatherization
programs are consistent with federal weatherization programs and
adequately funded.
SECTION 23. Section 40.001(a), Utilities Code, is amended
to read as follows:
(a) Notwithstanding any other provision of law, except
Sections 39.155, 39.157(e), 39.203, 39.903, 39.9035, and 39.904,
this chapter governs the transition to and the establishment of a
fully competitive electric power industry for municipally owned
utilities. With respect to the regulation of municipally owned
utilities, this chapter controls over any other provision of this
title, except for sections in which the term "municipally owned
utility" is specifically used.
SECTION 24. Section 40.004, Utilities Code, is amended to
read as follows:
Sec. 40.004. JURISDICTION OF COMMISSION. Except as
specifically otherwise provided in this chapter, the commission has
jurisdiction over municipally owned utilities only for the
following purposes:
(1) to regulate wholesale transmission rates and
service, including terms of access, to the extent provided by
Subchapter A, Chapter 35;
(2) to regulate certification of retail service areas
to the extent provided by Chapter 37;
(3) to regulate rates on appeal under Subchapters D
and E, Chapter 33, subject to Section 40.051(c);
(4) to establish a code of conduct as provided by
Section 39.157(e) applicable to anticompetitive activities and to
affiliate activities limited to structurally unbundled affiliates
of municipally owned utilities, subject to Section 40.054;
(5) to establish terms and conditions for open access
to transmission and distribution facilities for municipally owned
utilities providing customer choice, as provided by Section 39.203;
(6) to require collection of the nonbypassable fees
[fee] established under Section 39.903(b) and Section 39.9035(e);
(7) [and] to administer the renewable energy credits
program under Section 39.904(b) and the natural gas energy credits
program under Section 39.9044(b); and
(8) [(7)] to require reports of municipally owned
utility operations only to the extent necessary to:
(A) enable the commission to determine the
aggregate load and energy requirements of the state and the
resources available to serve that load; or
(B) enable the commission to determine
information relating to market power as provided by Section 39.155.
SECTION 25. Section 41.001, Utilities Code, is amended to
read as follows:
Sec. 41.001. APPLICABLE LAW. Notwithstanding any other
provision of law, except Sections 39.155, 39.157(e), 39.203,
39.903, 39.9035, and 39.904, this chapter governs the transition to
and the establishment of a fully competitive electric power
industry for electric cooperatives. Regarding the regulation of
electric cooperatives, this chapter shall control over any other
provision of this title, except for sections in which the term
"electric cooperative" is specifically used.
SECTION 26. 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 27. (a) The comptroller of public accounts shall
compute the amount by which the amount of the revenue described by
Object Code 3201, Insurance Premium Taxes, as referenced in the
comptroller's biennial revenue estimate submitted in advance of the
83rd Legislature, Regular Session, 2013, and actually received
during the state fiscal biennium beginning September 1, 2013,
exceeds the amount of that revenue as estimated for that biennium in
the biennial revenue estimate.
(b) Notwithstanding any other law providing for the
allocation or dedication of the revenue described by Object Code
3201, Insurance Premium Taxes, as referenced in the comptroller's
biennial revenue estimate submitted in advance of the 83rd
Legislature, Regular Session, 2013, the first $340 million of the
amount of the excess revenue computed by the comptroller under
Subsection (a) of this section shall be considered available for
appropriation for providing the nonfederal share of
disproportionate share hospitals supplemental payment program
funds.
(c) This section expires August 31, 2015.
SECTION 28. Article 102.018(e), Code of Criminal Procedure,
as added by this Act, applies only to a cost on conviction for an
offense committed on or after September 1, 2013. An offense
committed before September 1, 2013, is governed by the law in effect
on the date the offense was committed, and the former law is
continued in effect for that purpose. For purposes of this section,
an offense was committed before September 1, 2013, if any element of
the offense was committed before that date.
SECTION 29. The Public Utility Commission of Texas shall
adopt or revise, as necessary to implement this Act, rules
governing the system benefit fund and the low-income electric
customers program fund under Section 39.903, Utilities Code, as
amended by this Act, and Section 39.9035, Utilities Code, as added
by this Act, not later than January 1, 2014.
SECTION 30. 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.