Texas 2017 - 85th Regular

Texas Senate Bill SB1105 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Hinojosa, et al. S.B. No. 1105
2		-	(Phelan)
	1	+	S.B. No. 1105
3	2
4	3
5		-	A BILL TO BE ENTITLED
6	4		AN ACT
7	5		relating to the abolishment of the used oil recycling account,
8	6		deposits of used oil recycling fees, and use of the water resource
9	7		management account.
10	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	9		SECTION 1. Section 371.0245(e), Health and Safety Code, is
12	10		amended to read as follows:
13	11		(e) Reimbursements made under this section shall be paid out
14	12		of the water resource management account [used oil recycling
15	13		account] and may not exceed an aggregate amount of $500,000 each
16	14		fiscal year.
17	15		SECTION 2. Section 371.0246(d), Health and Safety Code, is
18	16		amended to read as follows:
19	17		(d) All claims for reimbursement filed under this section
20	18		and Section 371.0245 are subject to funds available for
21	19		disbursement in the water resource management account [used oil
22	20		recycling account] and to Section 371.0245(e). This subchapter
23	21		does not create an entitlement to money in the water resource
24	22		management account [used oil recycling account] or any other fund.
25	23		SECTION 3. The heading to Subchapter D, Chapter 371, Health
26	24		and Safety Code, is amended to read as follows:
27	25		SUBCHAPTER D. USED OIL RECYCLING [ACCOUNT;] FEES
28	26		SECTION 4. Section 371.061, Health and Safety Code, is
29	27		amended to read as follows:
30	28		Sec. 371.061. DEPOSIT OF FEES; USE OF FEE REVENUE [USED OIL
31	29		RECYCLING ACCOUNT]. (a) [The used oil recycling account is in the
32	30		state treasury.
33	31		[(b)] The following amounts shall be deposited to the water
34	32		resource management account [consists of]:
35	33		(1) fees collected under Sections 371.024, 371.026,
36	34		and 371.062;
37	35		(2) interest and penalties imposed under this chapter
38	36		for late payment of fees, failure to file a report, or other
39	37		violations of this chapter; and
40	38		(3) gifts, grants, donations, or other financial
41	39		assistance the commission is authorized to receive under Section
42	40		371.027.
43	41		(b) In addition to other authorized uses of money in the
44	42		water resource management account, the [(c) The] commission may
45	43		use money in that [the] account [only] for purposes authorized by
46	44		this chapter, including:
47	45		(1) public education regarding used oil recycling;
48	46		(2) grants to public and private do-it-yourselfer used
49	47		oil collection centers and used oil collection centers;
50	48		(3) registration of do-it-yourselfer used oil
51	49		collection centers, used oil collection centers, and used oil
52	50		handlers other than generators; and
53	51		(4) administrative costs of implementing this
54	52		chapter.
55	53		[(d) The account is exempt from the application of Section
56	54		403.095, Government Code.
57	55		[(e) For the purpose of consolidating appropriations, the
58	56		commission may transfer any amount authorized under Subsection
59	57		(c)(4) or by legislative appropriation to the waste management
60	58		account subject to the limitations and requirements of this
61	59		chapter.]
62	60		SECTION 5. Section 371.062(l), Health and Safety Code, is
63	61		amended to read as follows:
64	62		(l) The comptroller may deduct a percentage of the fees
65	63		collected under this section in an amount sufficient to pay the
66	64		reasonable and necessary costs of administering and enforcing this
67	65		section. The comptroller shall credit the amount deducted to the
68	66		general revenue fund. The balance of fees and all penalties and
69	67		interest collected under this section shall be deposited to the
70	68		credit of the water resource management account [used oil recycling
71	69		account].
72	70		SECTION 6. Section 5.701(q), Water Code, is amended to read
73	71		as follows:
74	72		(q) Notwithstanding any other law, fees collected for
75	73		deposit to the water resource management account under the
76	74		following statutes may be appropriated and used to protect water
77	75		resources in this state, including assessment of water quality,
78	76		reasonably related to the activities of any of the persons required
79	77		to pay a fee under:
80	78		(1) Subsections (b) and (c), to the extent those fees
81	79		are collected in connection with water use or water quality
82	80		permits;
83	81		(2) Subsections (h)-(l);
84	82		(3) Section 11.138(g);
85	83		(4) Section 11.145;
86	84		(5) Section 26.0135(h);
87	85		(6) Sections 26.0291, 26.044, and 26.0461; or
88	86		(7) Sections 341.041, 366.058, [and] 366.059,
89	87		371.024, 371.026, and 371.062, Health and Safety Code.
90	88		SECTION 7. On September 1, 2017, money remaining in the used
91	89		oil recycling account is transferred to the water resource
92	90		management account, and the used oil recycling account is
93	91		abolished.
94	92		SECTION 8. This Act takes effect September 1, 2017.
	93	+	______________________________ ______________________________
	94	+	President of the Senate Speaker of the House
	95	+	I hereby certify that S.B. No. 1105 passed the Senate on
	96	+	April 19, 2017, by the following vote: Yeas 30, Nays 1.
	97	+	______________________________
	98	+	Secretary of the Senate
	99	+	I hereby certify that S.B. No. 1105 passed the House on
	100	+	May 22, 2017, by the following vote: Yeas 143, Nays 1, two
	101	+	present not voting.
	102	+	______________________________
	103	+	Chief Clerk of the House
	104	+	Approved:
	105	+	______________________________
	106	+	Date
	107	+	______________________________
	108	+	Governor