By: Hinojosa, et al. S.B. No. 1105
(Phelan)
A BILL TO BE ENTITLED
AN ACT
relating to the abolishment of the used oil recycling account,
deposits of used oil recycling fees, and use of the water resource
management account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 371.0245(e), Health and Safety Code, is
amended to read as follows:
(e) Reimbursements made under this section shall be paid out
of the water resource management account [used oil recycling
account] and may not exceed an aggregate amount of $500,000 each
fiscal year.
SECTION 2. Section 371.0246(d), Health and Safety Code, is
amended to read as follows:
(d) All claims for reimbursement filed under this section
and Section 371.0245 are subject to funds available for
disbursement in the water resource management account [used oil
recycling account] and to Section 371.0245(e). This subchapter
does not create an entitlement to money in the water resource
management account [used oil recycling account] or any other fund.
SECTION 3. The heading to Subchapter D, Chapter 371, Health
and Safety Code, is amended to read as follows:
SUBCHAPTER D. USED OIL RECYCLING [ACCOUNT;] FEES
SECTION 4. Section 371.061, Health and Safety Code, is
amended to read as follows:
Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE [USED OIL
RECYCLING ACCOUNT]. (a) [The used oil recycling account is in the
state treasury.
[(b)] The following amounts shall be deposited to the water
resource management account [consists of]:
(1) fees collected under Sections 371.024, 371.026,
and 371.062;
(2) interest and penalties imposed under this chapter
for late payment of fees, failure to file a report, or other
violations of this chapter; and
(3) gifts, grants, donations, or other financial
assistance the commission is authorized to receive under Section
371.027.
(b) In addition to other authorized uses of money in the
water resource management account, the [(c) The] commission may
use money in that [the] account [only] for purposes authorized by
this chapter, including:
(1) public education regarding used oil recycling;
(2) grants to public and private do-it-yourselfer used
oil collection centers and used oil collection centers;
(3) registration of do-it-yourselfer used oil
collection centers, used oil collection centers, and used oil
handlers other than generators; and
(4) administrative costs of implementing this
chapter.
[(d) The account is exempt from the application of Section
403.095, Government Code.
[(e) For the purpose of consolidating appropriations, the
commission may transfer any amount authorized under Subsection
(c)(4) or by legislative appropriation to the waste management
account subject to the limitations and requirements of this
chapter.]
SECTION 5. Section 371.062(l), Health and Safety Code, is
amended to read as follows:
(l) The comptroller may deduct a percentage of the fees
collected under this section in an amount sufficient to pay the
reasonable and necessary costs of administering and enforcing this
section. The comptroller shall credit the amount deducted to the
general revenue fund. The balance of fees and all penalties and
interest collected under this section shall be deposited to the
credit of the water resource management account [used oil recycling
account].
SECTION 6. Section 5.701(q), Water Code, is amended to read
as follows:
(q) Notwithstanding any other law, fees collected for
deposit to the water resource management account under the
following statutes may be appropriated and used to protect water
resources in this state, including assessment of water quality,
reasonably related to the activities of any of the persons required
to pay a fee under:
(1) Subsections (b) and (c), to the extent those fees
are collected in connection with water use or water quality
permits;
(2) Subsections (h)-(l);
(3) Section 11.138(g);
(4) Section 11.145;
(5) Section 26.0135(h);
(6) Sections 26.0291, 26.044, and 26.0461; or
(7) Sections 341.041, 366.058, [and] 366.059,
371.024, 371.026, and 371.062, Health and Safety Code.
SECTION 7. On September 1, 2017, money remaining in the used
oil recycling account is transferred to the water resource
management account, and the used oil recycling account is
abolished.
SECTION 8. This Act takes effect September 1, 2017.