Bill Text: TX SB1584 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to state fiscal matters related to natural resources and the environment.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1584 Detail]
Download: Texas-2011-SB1584-Engrossed.html
By: Ogden | S.B. No. 1584 |
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relating to state fiscal matters related to natural resources and | ||
the environment. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. FISCAL MATTERS CONCERNING ANIMAL HEALTH REGULATION | ||
SECTION 1.01. Section 161.060, Agriculture Code, is amended | ||
to read as follows: | ||
Sec. 161.060. AUTHORITY TO SET AND COLLECT [ |
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FEES. The commission by rule may set and collect a fee for any | ||
service provided [ |
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(1) the inspection of animals or facilities; | ||
(2) the testing of animals for disease; | ||
(3) obtaining samples from animals for disease | ||
testing; | ||
(4) disease eradication and treatment efforts; | ||
(5) services related to the transport of livestock; | ||
(6) control and eradication of ticks and other pests; | ||
and | ||
(7) any other service for which the commission incurs | ||
a cost. | ||
ARTICLE 2. FISCAL MATTERS REGARDING PETROLEUM INDUSTRY REGULATION | ||
SECTION 2.01. Subsection (b), Section 26.3574, Water Code, | ||
is amended to read as follows: | ||
(b) A fee is imposed on the delivery of a petroleum product | ||
on withdrawal from bulk of that product as provided by this | ||
subsection. Each operator of a bulk facility on withdrawal from | ||
bulk of a petroleum product shall collect from the person who orders | ||
the withdrawal a fee in an amount determined as follows: | ||
(1) $3.75 for each delivery into a cargo tank having a | ||
capacity of less than 2,500 gallons [ |
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(2) $7.50 for each delivery into a cargo tank having a | ||
capacity of 2,500 gallons or more but less than 5,000 gallons [ |
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(3) $11.75 for each delivery into a cargo tank having a | ||
capacity of 5,000 gallons or more but less than 8,000 gallons [ |
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(4) $15.00 for each delivery into a cargo tank having a | ||
capacity of 8,000 gallons or more but less than 10,000 gallons [ |
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(5) $7.50 for each increment of 5,000 gallons or any | ||
part thereof delivered into a cargo tank having a capacity of 10,000 | ||
gallons or more [ |
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ARTICLE 3. FISCAL MATTERS REGARDING FUNDING FOR STATE SITES | ||
SECTION 3.01. Chapter 11, Parks and Wildlife Code, is | ||
amended by adding Subchapter J-1 to read as follows: | ||
SUBCHAPTER J-1. FOR-PROFIT PARTNERSHIPS | ||
Sec. 11.221. DEFINITIONS. In this subchapter: | ||
(1) "Official corporate partner" means a for-profit | ||
entity that: | ||
(A) is designated an official corporate partner | ||
by the department; | ||
(B) works with the department to raise funds for | ||
state site operations and maintenance; and | ||
(C) is selected as provided under Section 11.222. | ||
(2) "State site" means a state park, natural area, or | ||
historic site under the jurisdiction of the department. | ||
Sec. 11.222. SELECTION; CONTRACT. (a) Subject to | ||
commission approval, the department may select a for-profit entity | ||
as an official corporate partner. | ||
(b) The department may contract with an official corporate | ||
partner to raise funds for state site operations and maintenance. | ||
Sec. 11.223. GIFTS AND GRANTS; FUND-RAISING. (a) To raise | ||
funds for state site operations and maintenance, an official | ||
corporate partner may accept contributions, gifts, grants, and | ||
promotional campaign proceeds on behalf of the department. The | ||
department shall ensure that an official corporate partner | ||
transfers the contributions, gifts, grants, and promotional | ||
campaign proceeds to the department as soon as possible. | ||
(b) The department may contract with an official corporate | ||
partner to conduct joint promotional campaigns or other | ||
fund-raising efforts conducted by the department to raise funds for | ||
state site operations and maintenance. | ||
Sec. 11.224. USE OF FUNDS. Money received by the department | ||
under this subchapter, including money received under a contract or | ||
licensing or other agreement or as a gift or grant, may be used only | ||
for state site operations and maintenance. | ||
Sec. 11.225. RULES. The commission shall adopt rules to | ||
implement this subchapter, including rules that establish | ||
guidelines or best practices for official corporate partners. | ||
SECTION 3.02. Subchapter A, Chapter 13, Parks and Wildlife | ||
Code, is amended by adding Sections 13.0151 and 13.0155 to read as | ||
follows: | ||
Sec. 13.0151. STATE PARK PASSES. (a) The department may | ||
contract with any entity the department considers appropriate to | ||
sell state park passes in any of the entity's retail locations. | ||
(b) The commission may adopt rules to implement this | ||
section. | ||
Sec. 13.0155. USE OF PARKS AND WILDLIFE DEPARTMENT BRAND. | ||
(a) The department may contract with any entity the department | ||
considers appropriate to use the Parks and Wildlife Department | ||
brand in exchange for licensing fees paid by the entity to the | ||
department. | ||
(b) The department shall use the licensing fees received | ||
under Subsection (a) only for the operation and maintenance of | ||
state sites as defined by Section 11.221. | ||
(c) The commission may adopt rules to implement this | ||
section. | ||
SECTION 3.03. Subchapter B, Chapter 13, Parks and Wildlife | ||
Code, is amended by adding Section 13.103 to read as follows: | ||
Sec. 13.103. ADVERTISING. The commission by rule may | ||
assess and limit commercial advertising in state parks, natural | ||
areas, historic sites, or other sites under the jurisdiction of the | ||
department to preserve the integrity of the sites and to minimize | ||
distractions that may interfere with the enjoyment of the sites by | ||
visitors. | ||
ARTICLE 4. FISCAL MATTERS REGARDING PARKS AND WILDLIFE DEPARTMENT | ||
SECTION 4.01. Subchapter D, Chapter 502, Transportation | ||
Code, is amended by adding Section 502.1747 to read as follows: | ||
Sec. 502.1747. VOLUNTARY CONTRIBUTION TO PARKS AND WILDLIFE | ||
DEPARTMENT. (a) When a person registers or renews the | ||
registration of a motor vehicle under this chapter, the person may | ||
contribute $5 or more to the Parks and Wildlife Department. | ||
(b) The county assessor-collector shall send any | ||
contribution made under this section to the comptroller for credit | ||
to the Parks and Wildlife Department. Money received by the Parks | ||
and Wildlife Department under this section may be used only for the | ||
operation and maintenance of state parks, historic sites, or | ||
natural areas under the jurisdiction of the Parks and Wildlife | ||
Department. | ||
ARTICLE 5. FISCAL MATTERS CONCERNING OIL AND GAS REGULATION | ||
SECTION 5.01. Subsection (c), Section 81.0521, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) Two-thirds of the proceeds from this fee, excluding | ||
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shall be deposited to the oil and gas regulation and [ |
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cleanup fund as provided by Section 81.067 [ |
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SECTION 5.02. Subchapter C, Chapter 81, Natural Resources | ||
Code, is amended by adding Sections 81.067 through 81.070 to read as | ||
follows: | ||
Sec. 81.067. OIL AND GAS REGULATION AND CLEANUP FUND. | ||
(a) The oil and gas regulation and cleanup fund is created as an | ||
account in the general revenue fund of the state treasury. | ||
(b) The commission shall certify to the comptroller the date | ||
on which the balance in the fund equals or exceeds $20 million. The | ||
oil-field cleanup regulatory fees on oil and gas shall not be | ||
collected or required to be paid on or after the first day of the | ||
second month following the certification, except that the | ||
comptroller shall resume collecting the fees on receipt of a | ||
commission certification that the fund has fallen below $10 | ||
million. The comptroller shall continue collecting the fees until | ||
collections are again suspended in the manner provided by this | ||
subsection. | ||
(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) two-thirds of the fees collected under Section | ||
81.0521; | ||
(20) fees collected under Sections 89.024 and 89.026; | ||
(21) legislative appropriations; and | ||
(22) any surcharges collected under Section 81.070. | ||
Sec. 81.068. PURPOSE 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, oil | ||
and gas well plugging, public information and services related to | ||
those activities, and administrative costs and state benefits for | ||
personnel involved in those activities. | ||
Sec. 81.069. REPORTING ON PROGRESS IN MEETING PERFORMANCE | ||
GOALS FOR THE OIL AND GAS REGULATION AND CLEANUP FUND. (a) The | ||
commission, through the legislative appropriations request | ||
process, shall establish specific performance goals for the oil and | ||
gas regulation and cleanup fund for the next biennium, including | ||
goals for each quarter of each state fiscal year of the biennium for | ||
the number of: | ||
(1) orphaned wells to be plugged with state-managed | ||
funds; | ||
(2) abandoned sites to be investigated, assessed, or | ||
cleaned up with state funds; and | ||
(3) surface locations to be remediated. | ||
(b) The commission shall provide quarterly reports to the | ||
Legislative Budget Board that include: | ||
(1) the following information with respect to the | ||
period since the last report was provided as well as cumulatively: | ||
(A) the amount of money deposited in the oil and | ||
gas regulation and cleanup fund; | ||
(B) the amount of money spent from the fund for | ||
the purposes described by Subsection (a); | ||
(C) the balance of the fund; and | ||
(D) the commission's progress in meeting the | ||
quarterly performance goals established under Subsection (a) and, | ||
if the number of orphaned wells plugged with state-managed funds, | ||
abandoned sites investigated, assessed, or cleaned up with state | ||
funds, or surface locations remediated is at least five percent | ||
less than the number projected in the applicable goal established | ||
under Subsection (a), an explanation of the reason for the | ||
variance; and | ||
(2) any additional information or data requested in | ||
writing by the Legislative Budget Board. | ||
(c) The commission shall submit to the legislature and make | ||
available to the public, annually, a report that reviews the extent | ||
to which money provided under Section 81.067 has enabled the | ||
commission to better protect the environment through oil-field | ||
cleanup activities. The report must include: | ||
(1) the performance goals established under | ||
Subsection (a) for that state fiscal year, the commission's | ||
progress in meeting those performance goals, and, if the number of | ||
orphaned wells plugged with state-managed funds, abandoned sites | ||
investigated, assessed, or cleaned up with state funds, or surface | ||
locations remediated is at least five percent less than the number | ||
projected in the applicable goal established under Subsection (a), | ||
an explanation of the reason for the variance; | ||
(2) the number of orphaned wells plugged with | ||
state-managed funds, by region; | ||
(3) the number of wells orphaned, by region; | ||
(4) the number of inactive wells not currently in | ||
compliance with commission rules, by region; | ||
(5) the status of enforcement proceedings for all | ||
wells in violation of commission rules and the period during which | ||
the wells have been in violation, by region in which the wells are | ||
located; | ||
(6) the number of surface locations remediated, by | ||
region; | ||
(7) a detailed accounting of expenditures of money in | ||
the fund for oil-field cleanup activities, including expenditures | ||
for plugging of orphaned wells, investigation, assessment, and | ||
cleaning up of abandoned sites, and remediation of surface | ||
locations; | ||
(8) the method by which the commission sets priorities | ||
by which it determines the order in which orphaned wells are | ||
plugged; | ||
(9) a projection of the amount of money needed for the | ||
next biennium for plugging orphaned wells, investigating, | ||
assessing, and cleaning up abandoned sites, and remediating surface | ||
locations; and | ||
(10) the number of sites successfully remediated under | ||
the voluntary cleanup program under Subchapter O, Chapter 91, by | ||
region. | ||
Sec. 81.070. ESTABLISHMENT OF SURCHARGES ON FEES. | ||
(a) Except as provided by Subsection (b), the commission by rule | ||
shall provide for the imposition of reasonable surcharges as | ||
necessary on fees imposed by the commission that are required to be | ||
deposited to the credit of the oil and gas regulation and cleanup | ||
fund as provided by Section 81.067 in amounts sufficient to enable | ||
the commission to recover the costs of performing the functions | ||
specified by Section 81.068 from those fees and surcharges. | ||
(b) The commission may not impose a surcharge on an | ||
oil-field cleanup regulatory fee on oil collected under Section | ||
81.116 or an oil-field cleanup regulatory fee on gas collected | ||
under Section 81.117. | ||
(c) The commission by rule shall establish a methodology for | ||
determining the amount of a surcharge that takes into account: | ||
(1) the time required for regulatory work associated | ||
with the activity in connection with which the surcharge is | ||
imposed; | ||
(2) the number of individuals or entities from which | ||
the commission's costs may be recovered; | ||
(3) the effect of the surcharge on operators of all | ||
sizes, as measured by the number of oil or gas wells operated; | ||
(4) the balance in the oil and gas regulation and | ||
cleanup fund; and | ||
(5) any other factors the commission determines to be | ||
important to the fair and equitable imposition of the surcharge. | ||
(d) The commission shall collect a surcharge on a fee at the | ||
time the fee is collected. | ||
(e) A surcharge collected under this section shall be | ||
deposited to the credit of the oil and gas regulation and cleanup | ||
fund as provided by Section 81.067. | ||
(f) A surcharge collected under this section shall not | ||
exceed an amount equal to 185 percent of the fee on which it is | ||
imposed. | ||
SECTION 5.03. Section 81.115, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 81.115. APPROPRIATIONS [ |
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OIL AND GAS REGULATION AND CLEANUP PURPOSES [ |
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appropriated to the [ |
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the General Appropriations Act for the purposes described by | ||
Section 81.068 shall be paid from the oil and gas regulation and | ||
cleanup fund [ |
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SECTION 5.04. Subsections (d) and (e), Section 81.116, | ||
Natural Resources Code, are amended to read as follows: | ||
(d) The comptroller shall suspend collection of the fee in | ||
the manner provided by Section 81.067 [ |
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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. | ||
(e) Proceeds from the fee, excluding [ |
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penalties collected in connection with the fee, shall be deposited | ||
to the oil and gas regulation and [ |
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provided by Section 81.067 [ |
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SECTION 5.05. Subsections (d) and (e), Section 81.117, | ||
Natural Resources Code, are amended to read as follows: | ||
(d) The comptroller shall suspend collection of the fee in | ||
the manner provided by Section 81.067 [ |
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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. | ||
(e) Proceeds from the fee, excluding [ |
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penalties collected in connection with the fee, shall be deposited | ||
to the oil and gas regulation and [ |
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provided by Section 81.067 [ |
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SECTION 5.06. Subsection (d), Section 85.2021, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) All fees collected under this section shall be deposited | ||
in the oil and gas regulation and [ |
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SECTION 5.07. Subsection (d), Section 89.024, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) An operator who files an abeyance of plugging report | ||
must pay an annual fee of $100 for each well covered by the report. | ||
A fee collected under this section shall be deposited in the oil and | ||
gas regulation and [ |
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SECTION 5.08. Subsection (d), Section 89.026, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) An operator who files documentation described by | ||
Subsection (a) must pay an annual fee of $50 for each well covered | ||
by the documentation. A fee collected under this section shall be | ||
deposited in the oil and gas regulation and [ |
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fund. | ||
SECTION 5.09. Subsection (d), Section 89.048, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) On successful plugging of the well by the well plugger, | ||
the surface estate owner may submit documentation to the commission | ||
of the cost of the well-plugging operation. The commission shall | ||
reimburse the surface estate owner from money in the oil and gas | ||
regulation and [ |
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50 percent of the lesser of: | ||
(1) the documented well-plugging costs; or | ||
(2) the average cost incurred by the commission in the | ||
preceding 24 months in plugging similar wells located in the same | ||
general area. | ||
SECTION 5.10. Subsection (j), Section 89.083, Natural | ||
Resources Code, is amended to read as follows: | ||
(j) Money collected in a suit under this section shall be | ||
deposited in the oil and gas regulation and [ |
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cleanup fund. | ||
SECTION 5.11. Subsection (d), Section 89.085, Natural | ||
Resources Code, is amended to read as follows: | ||
(d) The commission shall deposit money received from the | ||
sale of well-site equipment or hydrocarbons under this section to | ||
the credit of the oil and gas regulation and [ |
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fund. The commission shall separately account for money and credit | ||
received for each well. | ||
SECTION 5.12. The heading to Section 89.086, Natural | ||
Resources Code, is amended to read as follows: | ||
Sec. 89.086. CLAIMS AGAINST OIL AND GAS REGULATION AND [ |
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SECTION 5.13. Subsections (a) and (h) through (k), Section | ||
89.086, Natural Resources Code, are amended to read as follows: | ||
(a) A person with a legal or equitable ownership or security | ||
interest in well-site equipment or hydrocarbons disposed of under | ||
Section 89.085 [ |
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gas regulation and [ |
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the transaction giving rise to the interest occurs after the | ||
commission forecloses its statutory lien under Section 89.083. | ||
(h) The commission shall suspend an amount of money in the | ||
oil and gas regulation and [ |
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amount of the claim until the claim is finally resolved. If the | ||
provisions of Subsection (k) [ |
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of the full amount of the claim, the commission shall treat the | ||
claim as two consecutively filed claims, one in the amount of funds | ||
available for suspension and the other in the remaining amount of | ||
the claim. | ||
(i) A claim made by or on behalf of the operator or a | ||
nonoperator of a well or a successor to the rights of the operator | ||
or nonoperator is subject to a ratable deduction from the proceeds | ||
or credit received for the well-site equipment to cover the costs | ||
incurred by the commission in removing the equipment or | ||
hydrocarbons from the well or in transporting, storing, or | ||
disposing of the equipment or hydrocarbons. A claim made by a | ||
person who is not an operator or nonoperator is subject to a ratable | ||
deduction for the costs incurred by the commission in removing the | ||
equipment from the well. If a claimant is a person who is | ||
responsible under law or commission rules for plugging the well or | ||
cleaning up pollution originating on the lease or if the claimant | ||
owes a penalty assessed by the commission or a court for a violation | ||
of a commission rule or order, the commission may recoup from or | ||
offset against a valid claim an expense incurred by the oil and gas | ||
regulation and [ |
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reimbursed or any penalties owed. An amount recouped from, | ||
deducted from, or offset against a claim under this subsection | ||
shall be treated as an invalid portion of the claim and shall remain | ||
suspended in the oil and gas regulation and [ |
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fund in the manner provided by Subsection (j) [ |
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(j) If the commission finds that a claim is valid in whole or | ||
in part, the commission shall pay the valid portion of the claim | ||
from the suspended amount in the oil and gas regulation and | ||
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of the commission's decision. If the commission finds that a claim | ||
is invalid in whole or in part, the commission shall continue to | ||
suspend in the oil and gas regulation and [ |
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an amount equal to the invalid portion of the claim until the period | ||
during which the commission's decision may be appealed has expired | ||
or, if appealed, during the period the case is under judicial | ||
review. If on appeal the district court finds the claim valid in | ||
whole or in part, the commission shall pay the valid portion of the | ||
claim from the suspended amount in the oil and gas regulation and | ||
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court's judgment becomes unappealable. On the date the | ||
commission's decision is not subject to judicial review, the | ||
commission shall release from the suspended amount in the oil and | ||
gas regulation and [ |
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held to be invalid. | ||
(k) If the aggregate of claims paid and money suspended that | ||
relates to well-site equipment or hydrocarbons from a particular | ||
well equals the total of the actual proceeds and credit realized | ||
from the disposition of that equipment or those hydrocarbons, the | ||
oil and gas regulation and [ |
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for any subsequently filed claims that relate to the same equipment | ||
or hydrocarbons unless and until the commission releases from the | ||
suspended amount money derived from the disposition of that | ||
equipment or those hydrocarbons. If the commission releases money, | ||
then the commission shall suspend money in the amount of | ||
subsequently filed claims in the order of filing. | ||
SECTION 5.14. Subsection (b), Section 89.121, Natural | ||
Resources Code, is amended to read as follows: | ||
(b) Civil penalties collected for violations of this | ||
chapter or of rules relating to plugging that are adopted under this | ||
code shall be deposited in the general revenue [ |
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SECTION 5.15. Subsection (c), Section 91.1013, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) Fees collected under this section shall be deposited in | ||
the oil and gas regulation and [ |
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SECTION 5.16. Section 91.108, Natural Resources Code, is | ||
amended to read as follows: | ||
Sec. 91.108. DEPOSIT AND USE OF FUNDS. Subject to the | ||
refund provisions of Section 91.1091, if applicable, proceeds from | ||
bonds and other financial security required pursuant to 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 shall be deposited in the | ||
oil and gas regulation and [ |
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notwithstanding Sections 81.068 [ |
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only for actual well plugging and surface remediation. | ||
SECTION 5.17. Subsection (a), Section 91.109, Natural | ||
Resources Code, is amended to read as follows: | ||
(a) A person applying for or acting under a commission | ||
permit to store, handle, treat, reclaim, or dispose of oil and gas | ||
waste may be required by the commission to maintain a performance | ||
bond or other form of financial security conditioned that the | ||
permittee will operate and close the storage, handling, treatment, | ||
reclamation, or disposal site in accordance with state law, | ||
commission rules, and the permit to operate the site. However, this | ||
section does not authorize the commission to require a bond or other | ||
form of financial security for saltwater disposal pits, emergency | ||
saltwater storage pits (including blow-down pits), collecting | ||
pits, or skimming pits provided that such pits are used in | ||
conjunction with the operation of an individual oil or gas lease. | ||
Subject to the refund provisions of Section 91.1091 [ |
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proceeds from any bond or other form of financial security required | ||
by this section shall be placed in the oil and gas regulation and | ||
[ |
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security shall be renewed and continued in effect until the | ||
conditions have been met or release is authorized by the | ||
commission. | ||
SECTION 5.18. Subsections (a) and (f), Section 91.113, | ||
Natural Resources Code, are amended to read as follows: | ||
(a) If oil and gas wastes or other substances or materials | ||
regulated by the commission under Section 91.101 are causing or are | ||
likely to cause the pollution of surface or subsurface water, the | ||
commission, through its employees or agents, may use money in the | ||
oil and gas regulation and [ |
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site investigation or environmental assessment or control or clean | ||
up the oil and gas wastes or other substances or materials if: | ||
(1) the responsible person has failed or refused to | ||
control or clean up the oil and gas wastes or other substances or | ||
materials after notice and opportunity for hearing; | ||
(2) the responsible person is unknown, cannot be | ||
found, or has no assets with which to control or clean up the oil and | ||
gas wastes or other substances or materials; or | ||
(3) the oil and gas wastes or other substances or | ||
materials are causing the pollution of surface or subsurface water. | ||
(f) If the commission conducts a site investigation or | ||
environmental assessment or controls or cleans up oil and gas | ||
wastes or other substances or materials under this section, the | ||
commission may recover all costs incurred by the commission from | ||
any person who was required by law, rules adopted by the commission, | ||
or a valid order of the commission to control or clean up the oil and | ||
gas wastes or other substances or materials. The commission by | ||
order may require the person to reimburse the commission for those | ||
costs or may request the attorney general to file suit against the | ||
person to recover those costs. At the request of the commission, | ||
the attorney general may file suit to enforce an order issued by the | ||
commission under this subsection. A suit under this subsection may | ||
be filed in any court of competent jurisdiction in Travis County. | ||
Costs recovered under this subsection shall be deposited to the oil | ||
and gas regulation and [ |
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SECTION 5.19. Subsection (c), Section 91.264, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) A penalty collected under this section shall be | ||
deposited to the credit of the general revenue [ |
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fund [ |
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SECTION 5.20. Subsection (b), Section 91.457, Natural | ||
Resources Code, is amended to read as follows: | ||
(b) If a person ordered to close a saltwater disposal pit | ||
under Subsection (a) [ |
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pit in compliance with the commission's order and rules, the | ||
commission may close the pit using money from the oil and gas | ||
regulation and [ |
||
general to file suits in any courts of competent jurisdiction in | ||
Travis County to recover applicable penalties and the costs | ||
incurred by the commission in closing the saltwater disposal pit. | ||
SECTION 5.21. Subsection (c), Section 91.459, Natural | ||
Resources Code, is amended to read as follows: | ||
(c) Any [ |
||
general under this subchapter shall be deposited in the oil and gas | ||
regulation and [ |
||
SECTION 5.22. Subsection (e), Section 91.605, Natural | ||
Resources Code, is amended to read as follows: | ||
(e) The fees collected under this section shall be deposited | ||
in the oil and gas regulation and [ |
||
SECTION 5.23. Subsection (e), Section 91.654, Natural | ||
Resources Code, is amended to read as follows: | ||
(e) Fees collected under this section shall be deposited to | ||
the credit of the oil and gas regulation and [ |
||
fund under Section 81.067 [ |
||
SECTION 5.24. Subsection (b), Section 91.707, Natural | ||
Resources Code, is amended to read as follows: | ||
(b) Fees collected under this section shall be deposited to | ||
the oil and gas regulation and [ |
||
SECTION 5.25. The heading to Section 121.211, Utilities | ||
Code, is amended to read as follows: | ||
Sec. 121.211. PIPELINE SAFETY AND REGULATORY FEES. | ||
SECTION 5.26. Subsections (a) through (e) and (h), Section | ||
121.211, Utilities Code, are amended to read as follows: | ||
(a) The railroad commission by rule may adopt a [ |
||
|
||
natural gas distribution pipelines and their pipeline facilities | ||
and natural gas master metered pipelines and their pipeline | ||
facilities subject to this title [ |
||
(b) The railroad commission by rule shall establish the | ||
method by which the fee will be calculated and assessed. In | ||
adopting a fee structure, the railroad commission may consider any | ||
factors necessary to provide for the equitable allocation among | ||
operators of the costs of administering the railroad commission's | ||
pipeline safety and regulatory program under this title [ |
||
(c) The total amount of fees estimated to be collected under | ||
rules adopted by the railroad commission under this section may not | ||
exceed the amount estimated by the railroad commission to be | ||
necessary to recover the costs of administering the railroad | ||
commission's pipeline safety and regulatory program under this | ||
title [ |
||
sources. | ||
(d) The commission may assess each operator of a natural gas | ||
distribution system subject to this title [ |
||
[ |
||
reported by the system on the Distribution Annual Report, Form RSPA | ||
F7100.1-1, due on March 15 of each year. The fee is due March 15 of | ||
each year. | ||
(e) The railroad commission may assess each operator of a | ||
natural gas master metered system subject to this title [ |
||
an annual [ |
||
metered system. The fee is due June 30 of each year. | ||
(h) A fee collected under this section shall be deposited to | ||
the credit of the general revenue fund to be used for the pipeline | ||
safety and regulatory program. | ||
SECTION 5.27. Section 29.015, Water Code, is amended to | ||
read as follows: | ||
Sec. 29.015. APPLICATION FEE. With each application for | ||
issuance, renewal, or material amendment of a permit, the applicant | ||
shall submit to the railroad commission a nonrefundable fee of | ||
$100. Fees collected under this section shall be deposited in the | ||
oil and gas regulation and [ |
||
SECTION 5.28. The following provisions of the Natural | ||
Resources Code are repealed: | ||
(1) Section 91.111; and | ||
(2) Section 91.112. | ||
SECTION 5.29. On the effective date of this article: | ||
(1) the oil-field cleanup fund is abolished; | ||
(2) any money remaining in the oil-field cleanup fund | ||
is transferred to the oil and gas regulation and cleanup fund; | ||
(3) any claim against the oil-field cleanup fund is | ||
transferred to the oil and gas regulation and cleanup fund; and | ||
(4) any amount required to be deposited to the credit | ||
of the oil-field cleanup fund shall be deposited to the credit of | ||
the oil and gas regulation and cleanup fund. | ||
ARTICLE 6. EFFECTIVE DATE | ||
SECTION 6.01. This Act takes effect September 1, 2011. |