86R13312 BRG-F
By: Geren H.B. No. 2676
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 81.067(c), Natural Resources Code, as
amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.
1488), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and 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) fees collected under Subchapter E, Chapter 121,
Utilities Code;
(25) fees collected under Section 27.0321, Water Code;
[and]
(26) fees collected under Section 81.071;
(27) [(26)] money collected under Section 81.021;
(28) penalties collected under Section 81.0531;
(29) taxes collected under Chapter 122, Utilities
Code; and
(30) penalties and interest collected under
Subchapter E, Chapter 122, Utilities Code.
SECTION 3. Effective September 1, 2031, Section 81.067(c),
Natural Resources Code, as amended by Chapters 57 (H.B. 1818), 72
(S.B. 1422), and 324 (S.B. 1488), Acts of the 85th Legislature,
Regular Session, 2017, is reenacted and 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) fees collected under Subchapter E, Chapter 121,
Utilities Code;
(25) fees collected under Section 27.0321, Water Code;
[and]
(26) fees collected under Section 81.071;
(27) [26] money collected under Section 81.021; and
(28) penalties collected under Section 81.0531.
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, 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 81.116(d), Natural Resources Code, is
amended to read as follows:
(d) [The comptroller shall suspend collection of the fee in
the manner provided by Section 81.067.] The exemptions and
reductions set out in Sections 202.052, 202.054, 202.056, 202.057,
202.059, and 202.060, Tax Code, do not affect the fee imposed by
this section.
SECTION 6. Section 81.117(d), Natural Resources Code, is
amended to read as follows:
(d) [The comptroller shall suspend collection of the fee in
the manner provided by Section 81.067.] The exemptions and
reductions set out in Sections 201.053, 201.057, 201.058, and
202.060, Tax Code, do not affect the fee imposed by this section.
SECTION 7. 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. This section expires September 1,
2031.
SECTION 8. 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. This
section expires September 1, 2031.
SECTION 9. Section 81.067(b), Natural Resources Code, is
repealed.
SECTION 10. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 11. Except as otherwise provided by this Act, this
Act takes effect September 1, 2019.