Texas 2017 - 85th Regular

Texas House Bill HB3026 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		85R20289 JTS-F
2	2		By: Phelan, Rodriguez of Bexar, Dean, Walle H.B. No. 3026
3		-	Substitute the following for H.B. No. 3026:
4		-	By: Koop C.S.H.B. No. 3026
5	3
6	4
7	5		A BILL TO BE ENTITLED
8	6		AN ACT
9	7		relating to the abolishment of the used oil recycling account,
10	8		deposits of used oil recycling fees, and use of the water resource
11	9		management account.
12	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	11		SECTION 1. Section 371.0245(e), Health and Safety Code, is
14	12		amended to read as follows:
15	13		(e) Reimbursements made under this section shall be paid out
16	14		of the water resource management account [used oil recycling
17	15		account] and may not exceed an aggregate amount of $500,000 each
18	16		fiscal year.
19	17		SECTION 2. Section 371.0246(d), Health and Safety Code, is
20	18		amended to read as follows:
21	19		(d) All claims for reimbursement filed under this section
22	20		and Section 371.0245 are subject to funds available for
23	21		disbursement in the water resource management account [used oil
24	22		recycling account] and to Section 371.0245(e). This subchapter does
25	23		not create an entitlement to money in the water resource management
26	24		account [used oil recycling account] or any other fund.
27	25		SECTION 3. The heading to Subchapter D, Chapter 371, Health
28	26		and Safety Code, is amended to read as follows:
29	27		SUBCHAPTER D. USED OIL RECYCLING [ACCOUNT;] FEES
30	28		SECTION 4. Section 371.061, Health and Safety Code, is
31	29		amended to read as follows:
32	30		Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE [USED OIL
33	31		RECYCLING ACCOUNT]. (a) [The used oil recycling account is in the
34	32		state treasury.
35	33		[(b)] The following amounts shall be deposited to the water
36	34		resource management account [consists of]:
37	35		(1) fees collected under Sections 371.024, 371.026,
38	36		and 371.062;
39	37		(2) interest and penalties imposed under this chapter
40	38		for late payment of fees, failure to file a report, or other
41	39		violations of this chapter; and
42	40		(3) gifts, grants, donations, or other financial
43	41		assistance the commission is authorized to receive under Section
44	42		371.027.
45	43		(b) In addition to other authorized uses of money in the
46	44		water resource management account, the [(c) The] commission may
47	45		use money in that [the] account [only] for purposes authorized by
48	46		this chapter, including:
49	47		(1) public education regarding used oil recycling;
50	48		(2) grants to public and private do-it-yourselfer used
51	49		oil collection centers and used oil collection centers;
52	50		(3) registration of do-it-yourselfer used oil
53	51		collection centers, used oil collection centers, and used oil
54	52		handlers other than generators; and
55	53		(4) administrative costs of implementing this
56	54		chapter.
57	55		[(d) The account is exempt from the application of Section
58	56		403.095, Government Code.
59	57		[(e) For the purpose of consolidating appropriations, the
60	58		commission may transfer any amount authorized under Subsection
61	59		(c)(4) or by legislative appropriation to the waste management
62	60		account subject to the limitations and requirements of this
63	61		chapter.]
64	62		SECTION 5. Section 371.062(l), Health and Safety Code, is
65	63		amended to read as follows:
66	64		(l) The comptroller may deduct a percentage of the fees
67	65		collected under this section in an amount sufficient to pay the
68	66		reasonable and necessary costs of administering and enforcing this
69	67		section. The comptroller shall credit the amount deducted to the
70	68		general revenue fund. The balance of fees and all penalties and
71	69		interest collected under this section shall be deposited to the
72	70		credit of the water resource management account [used oil recycling
73	71		account].
74	72		SECTION 6. Section 5.701(q), Water Code, is amended to read
75	73		as follows:
76	74		(q) Notwithstanding any other law, fees collected for
77	75		deposit to the water resource management account under the
78	76		following statutes may be appropriated and used to protect water
79	77		resources in this state, including assessment of water quality,
80	78		reasonably related to the activities of any of the persons required
81	79		to pay a fee under:
82	80		(1) Subsections (b) and (c), to the extent those fees
83	81		are collected in connection with water use or water quality
84	82		permits;
85	83		(2) Subsections (h)-(l);
86	84		(3) Section 11.138(g);
87	85		(4) Section 11.145;
88	86		(5) Section 26.0135(h);
89	87		(6) Sections 26.0291, 26.044, and 26.0461; or
90	88		(7) Sections 341.041, 366.058, [and] 366.059,
91	89		371.024, 371.026, and 371.062, Health and Safety Code.
92	90		SECTION 7. On September 1, 2017, money remaining in the used
93	91		oil recycling account is transferred to the water resource
94	92		management account, and the used oil recycling account is
95	93		abolished.
96	94		SECTION 8. This Act takes effect September 1, 2017.