Texas 2019 - 86th Regular

Texas House Bill HB2676 Compare Versions

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11 86R13312 BRG-F
22 By: Geren H.B. No. 2676
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the composition and use of money in the oil and gas
88 regulation and cleanup fund.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Section 81.0531(e), Natural Resources Code, is
1111 amended to read as follows:
1212 (e) A penalty collected under this section shall be
1313 deposited to the credit of the oil and gas regulation and
1414 [oil-field] cleanup fund.
1515 SECTION 2. Section 81.067(c), Natural Resources Code, as
1616 amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.
1717 1488), Acts of the 85th Legislature, Regular Session, 2017, is
1818 reenacted and amended to read as follows:
1919 (c) The fund consists of:
2020 (1) proceeds from bonds and other financial security
2121 required by this chapter and benefits under well-specific plugging
2222 insurance policies described by Section 91.104(c) that are paid to
2323 the state as contingent beneficiary of the policies, subject to the
2424 refund provisions of Section 91.1091, if applicable;
2525 (2) private contributions, including contributions
2626 made under Section 89.084;
2727 (3) expenses collected under Section 89.083;
2828 (4) fees imposed under Section 85.2021;
2929 (5) costs recovered under Section 91.457 or 91.459;
3030 (6) proceeds collected under Sections 89.085 and
3131 91.115;
3232 (7) interest earned on the funds deposited in the
3333 fund;
3434 (8) oil and gas waste hauler permit application fees
3535 collected under Section 29.015, Water Code;
3636 (9) costs recovered under Section 91.113(f);
3737 (10) hazardous oil and gas waste generation fees
3838 collected under Section 91.605;
3939 (11) oil-field cleanup regulatory fees on oil
4040 collected under Section 81.116;
4141 (12) oil-field cleanup regulatory fees on gas
4242 collected under Section 81.117;
4343 (13) fees for a reissued certificate collected under
4444 Section 91.707;
4545 (14) fees collected under Section 91.1013;
4646 (15) fees collected under Section 89.088;
4747 (16) fees collected under Section 91.142;
4848 (17) fees collected under Section 91.654;
4949 (18) costs recovered under Sections 91.656 and 91.657;
5050 (19) fees collected under Section 81.0521;
5151 (20) fees collected under Sections 89.024 and 89.026;
5252 (21) legislative appropriations;
5353 (22) any surcharges collected under Section 81.070;
5454 (23) fees collected under Section 91.0115;
5555 (24) fees collected under Subchapter E, Chapter 121,
5656 Utilities Code;
5757 (25) fees collected under Section 27.0321, Water Code;
5858 [and]
5959 (26) fees collected under Section 81.071;
6060 (27) [(26)] money collected under Section 81.021;
6161 (28) penalties collected under Section 81.0531;
6262 (29) taxes collected under Chapter 122, Utilities
6363 Code; and
6464 (30) penalties and interest collected under
6565 Subchapter E, Chapter 122, Utilities Code.
6666 SECTION 3. Effective September 1, 2031, Section 81.067(c),
6767 Natural Resources Code, as amended by Chapters 57 (H.B. 1818), 72
6868 (S.B. 1422), and 324 (S.B. 1488), Acts of the 85th Legislature,
6969 Regular Session, 2017, is reenacted and amended to read as follows:
7070 (c) The fund consists of:
7171 (1) proceeds from bonds and other financial security
7272 required by this chapter and benefits under well-specific plugging
7373 insurance policies described by Section 91.104(c) that are paid to
7474 the state as contingent beneficiary of the policies, subject to the
7575 refund provisions of Section 91.1091, if applicable;
7676 (2) private contributions, including contributions
7777 made under Section 89.084;
7878 (3) expenses collected under Section 89.083;
7979 (4) fees imposed under Section 85.2021;
8080 (5) costs recovered under Section 91.457 or 91.459;
8181 (6) proceeds collected under Sections 89.085 and
8282 91.115;
8383 (7) interest earned on the funds deposited in the
8484 fund;
8585 (8) oil and gas waste hauler permit application fees
8686 collected under Section 29.015, Water Code;
8787 (9) costs recovered under Section 91.113(f);
8888 (10) hazardous oil and gas waste generation fees
8989 collected under Section 91.605;
9090 (11) oil-field cleanup regulatory fees on oil
9191 collected under Section 81.116;
9292 (12) oil-field cleanup regulatory fees on gas
9393 collected under Section 81.117;
9494 (13) fees for a reissued certificate collected under
9595 Section 91.707;
9696 (14) fees collected under Section 91.1013;
9797 (15) fees collected under Section 89.088;
9898 (16) fees collected under Section 91.142;
9999 (17) fees collected under Section 91.654;
100100 (18) costs recovered under Sections 91.656 and 91.657;
101101 (19) fees collected under Section 81.0521;
102102 (20) fees collected under Sections 89.024 and 89.026;
103103 (21) legislative appropriations;
104104 (22) any surcharges collected under Section 81.070;
105105 (23) fees collected under Section 91.0115;
106106 (24) fees collected under Subchapter E, Chapter 121,
107107 Utilities Code;
108108 (25) fees collected under Section 27.0321, Water Code;
109109 [and]
110110 (26) fees collected under Section 81.071;
111111 (27) [26] money collected under Section 81.021; and
112112 (28) penalties collected under Section 81.0531.
113113 SECTION 4. Section 81.068, Natural Resources Code, is
114114 amended to read as follows:
115115 Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP
116116 FUND. Money in the oil and gas regulation and cleanup fund may be
117117 used by the commission or its employees or agents for any purpose
118118 related to the regulation of oil and gas development, including oil
119119 and gas monitoring and inspections, oil and gas remediation, and
120120 oil and gas well plugging, the study and evaluation of electronic
121121 access to geologic data and surface casing depths necessary to
122122 protect usable groundwater in this state, alternative fuels
123123 regulatory programs related to liquefied petroleum gas, compressed
124124 natural gas, and liquefied natural gas safety, the administration
125125 of pipeline safety and regulatory programs, public information and
126126 services related to those activities, the regulation of the rates
127127 and services of gas utilities, the administration of surface mining
128128 regulatory programs, and administrative costs and state benefits
129129 for personnel involved in those activities.
130130 SECTION 5. Section 81.116(d), Natural Resources Code, is
131131 amended to read as follows:
132132 (d) [The comptroller shall suspend collection of the fee in
133133 the manner provided by Section 81.067.] The exemptions and
134134 reductions set out in Sections 202.052, 202.054, 202.056, 202.057,
135135 202.059, and 202.060, Tax Code, do not affect the fee imposed by
136136 this section.
137137 SECTION 6. Section 81.117(d), Natural Resources Code, is
138138 amended to read as follows:
139139 (d) [The comptroller shall suspend collection of the fee in
140140 the manner provided by Section 81.067.] The exemptions and
141141 reductions set out in Sections 201.053, 201.057, 201.058, and
142142 202.060, Tax Code, do not affect the fee imposed by this section.
143143 SECTION 7. Subchapter C, Chapter 122, Utilities Code, is
144144 amended by adding Section 122.1035 to read as follows:
145145 Sec. 122.1035. DEPOSIT OF TAX. A tax collected under this
146146 chapter shall be deposited to the credit of the oil and gas
147147 regulation and cleanup fund. This section expires September 1,
148148 2031.
149149 SECTION 8. Subchapter E, Chapter 122, Utilities Code, is
150150 amended by adding Section 122.206 to read as follows:
151151 Sec. 122.206. DEPOSIT OF PENALTIES AND INTEREST. Penalties
152152 and interest collected under this subchapter shall be deposited to
153153 the credit of the oil and gas regulation and cleanup fund. This
154154 section expires September 1, 2031.
155155 SECTION 9. Section 81.067(b), Natural Resources Code, is
156156 repealed.
157157 SECTION 10. To the extent of any conflict, this Act prevails
158158 over another Act of the 86th Legislature, Regular Session, 2019,
159159 relating to nonsubstantive additions to and corrections in enacted
160160 codes.
161161 SECTION 11. Except as otherwise provided by this Act, this
162162 Act takes effect September 1, 2019.