85R10640 SMH-F
By: Darby H.B. No. 2715
A BILL TO BE ENTITLED
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. Section 81.0531(e), Natural Resources Code, is
amended to read as follows:
(e) A penalty collected under this section shall be
deposited to the credit of the oil and gas regulation and
[oil-field] cleanup fund.
SECTION 2. Section 81.058, Natural Resources Code, is
amended by adding Subsection (g) to read as follows:
(g) An administrative penalty collected under this section
shall be deposited to the credit of the oil and gas regulation and
cleanup fund.
SECTION 3. Section 81.067(c), Natural Resources Code, is
amended to conform to the repeal of Section 81.112, Natural
Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th
Legislature, Regular Session, 2015, and is further 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) fees collected under Section 81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations;
(22) any surcharges collected under Section 81.070;
(23) fees collected under Section 91.0115;
(24) [money deposited to the credit of the fund under
Section 81.112;
[(25)] fees collected under Subchapter E, Chapter 121,
Utilities Code; [and]
(25) [(26)] fees collected under Section 27.0321,
Water Code;
(26) penalties collected under Section 81.0531 or
81.058;
(27) penalties collected under Section 85.381,
85.385, or 85.3855;
(28) administrative penalties collected under Section
91.143;
(29) money received by the commission under Chapter
113;
(30) money collected by the commission as fees or
civil penalties under Chapter 116, except as provided by Section
116.014(a);
(31) fees collected under Section 131.355;
(32) fees collected under Section 134.054 or 134.055;
(33) administrative penalties collected under Chapter
134;
(34) administrative penalties collected under
Subchapter E or G, Chapter 121, Utilities Code;
(35) taxes collected under Chapter 122, Utilities
Code; and
(36) penalties and interest collected under
Subchapter E, Chapter 122, Utilities Code.
SECTION 4. Section 81.068, Natural Resources Code, is
amended to read as follows:
Sec. 81.068. PURPOSES 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
regulatory programs related to liquefied petroleum gas, compressed
natural gas, and liquefied natural gas safety [under Section
81.0681], the administration of pipeline safety and regulatory
programs, public information and services related to those
activities, the regulation of the rates and services of gas
utilities, the administration of surface mining regulatory
programs, and administrative costs and state benefits for personnel
involved in those activities.
SECTION 5. Section 85.381, Natural Resources Code, is
amended by adding Subsection (c) to read as follows:
(c) A penalty collected under this section shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 6. Section 85.385, Natural Resources Code, is
amended to read as follows:
Sec. 85.385. PERSONS AIDING OR ABETTING VIOLATION. (a) Any
person who aids or abets any other person in violating Section
85.045 or 85.046 of this code, Title 102, Revised [Civil] Statutes
[of Texas, 1925], as amended, including provisions of this code
formerly included in that title, or any rule or order adopted by the
commission under those laws is subject to the same penalties as
provided in Section 85.381 of this code.
(b) A penalty collected under this section shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 7. Section 85.3855, Natural Resources Code, is
amended by adding Subsection (g) to read as follows:
(g) A penalty collected under this section shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 8. Section 91.143(e), Natural Resources Code, is
amended to read as follows:
(e) The commission may impose an administrative penalty in
the manner provided by Sections 81.0531-81.0534 on a person who
violates this section. The amount of the penalty may not exceed
$1,000 for each violation. An administrative penalty collected
under this subsection shall be deposited to the credit of the oil
and gas regulation and cleanup fund.
SECTION 9. Section 113.201, Natural Resources Code, is
amended to read as follows:
Sec. 113.201. DEPOSIT AND EXPENDITURE OF FEES AND FUNDS.
Money received by the commission under this chapter shall be
deposited in the state treasury to the credit of the oil and gas
regulation and cleanup fund [General Revenue Fund] and spent in
accordance with the appropriations made by law.
SECTION 10. The heading to Section 116.014, Natural
Resources Code, is amended to read as follows:
Sec. 116.014. DEPOSIT AND USE OF FEES AND CIVIL PENALTIES.
SECTION 11. Section 116.014(b), Natural Resources Code, is
amended to read as follows:
(b) Except as provided by Subsection (a) [of this section],
money collected by the commission as fees or civil penalties under
this chapter shall be deposited in the oil and gas regulation and
cleanup [general revenue] fund.
SECTION 12. Section 131.355, Natural Resources Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Section 131.231 does not apply to a fee imposed under
this section [subchapter].
(c) A fee collected under this section shall be deposited to
the credit of the oil and gas regulation and cleanup fund.
SECTION 13. Section 134.054, Natural Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the oil and gas regulation and cleanup fund.
SECTION 14. Section 134.055, Natural Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) A fee collected under this section shall be deposited to
the credit of the oil and gas regulation and cleanup fund.
SECTION 15. Subchapter H, Chapter 134, Natural Resources
Code, is amended by adding Section 134.1815 to read as follows:
Sec. 134.1815. DEPOSIT OF ADMINISTRATIVE PENALTY. An
administrative penalty collected under this chapter shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 16. Subchapter E, Chapter 121, Utilities Code, is
amended by adding Section 121.2105 to read as follows:
Sec. 121.2105. DEPOSIT OF ADMINISTRATIVE PENALTY. An
administrative penalty collected under this subchapter shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 17. Subchapter G, Chapter 121, Utilities Code, is
amended by adding Section 121.3095 to read as follows:
Sec. 121.3095. DEPOSIT OF ADMINISTRATIVE PENALTY. An
administrative penalty collected under this subchapter shall be
deposited to the credit of the oil and gas regulation and cleanup
fund.
SECTION 18. Subchapter C, Chapter 122, Utilities Code, is
amended by adding Section 122.1035 to read as follows:
Sec. 122.1035. DEPOSIT OF TAX. A tax collected under this
chapter shall be deposited to the credit of the oil and gas
regulation and cleanup fund.
SECTION 19. Subchapter E, Chapter 122, Utilities Code, is
amended by adding Section 122.206 to read as follows:
Sec. 122.206. DEPOSIT OF PENALTIES AND INTEREST. Penalties
and interest collected under this subchapter shall be deposited to
the credit of the oil and gas regulation and cleanup fund.
SECTION 20. To the extent of any conflict, this Act prevails
over another Act of the 85th Legislature, Regular Session, 2017,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 21. This Act takes effect September 1, 2017.