Bill Text: TX HB7 | 2013-2014 | 83rd Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts; reducing or affecting the amounts or rates of certain statutorily dedicated fees and assessments; making an appropriation.
Spectrum: Moderate Partisan Bill (Republican 17-2)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB7 Detail]
Download: Texas-2013-HB7-Introduced.html
Bill Title: Relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts; reducing or affecting the amounts or rates of certain statutorily dedicated fees and assessments; making an appropriation.
Spectrum: Moderate Partisan Bill (Republican 17-2)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB7 Detail]
Download: Texas-2013-HB7-Introduced.html
83R3130 JJT-D | ||
By: Darby | H.B. No. 7 |
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relating to the amounts, availability, and use of certain | ||
statutorily dedicated revenue and accounts; reducing or affecting | ||
the amounts or rates of certain statutorily dedicated fees and | ||
assessments. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 322, Government Code, is amended by | ||
adding Section 322.024 to read as follows: | ||
Sec. 322.024. REDUCTION OF RELIANCE ON AVAILABLE DEDICATED | ||
REVENUE FOR BUDGET CERTIFICATION. (a) In this section, "available | ||
dedicated revenue" means revenue that Section 403.095 makes | ||
available for certification under Section 403.121. | ||
(b) The board shall: | ||
(1) develop and implement a process to review: | ||
(A) new legislative enactments that create | ||
dedicated revenue; and | ||
(B) the appropriation and accumulation of | ||
dedicated revenue and available dedicated revenue; | ||
(2) develop and implement tools to evaluate the use of | ||
available dedicated revenue for state government financing and | ||
budgeting; and | ||
(3) develop specific and detailed recommendations on | ||
actions the legislature may reasonably take to reduce state | ||
government's reliance on available dedicated revenue for the | ||
purposes of certification under Section 403.121 as authorized by | ||
Section 403.095. | ||
(c) The board shall incorporate into the board's budget | ||
recommendations appropriate measures to reduce state government's | ||
reliance on available dedicated revenue for the purposes of | ||
certification under Section 403.121 as authorized by Section | ||
403.095. | ||
(d) The board shall consult the comptroller as necessary to | ||
accomplish the objectives of Subsections (b) and (c). | ||
SECTION 2. Subchapter F, Chapter 403, Government Code, is | ||
amended by adding Section 403.0956 to read as follows: | ||
Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN | ||
DEDICATED REVENUE. Notwithstanding any other law, all interest or | ||
other earnings that accrue on all revenue held in an account in the | ||
general revenue fund any part of which Section 403.095 makes | ||
available for certification under Section 403.121 are available for | ||
any general governmental purpose, and the comptroller shall deposit | ||
the interest and earnings to the credit of the general revenue fund. | ||
This section does not apply to interest or earnings on revenue | ||
deposited in accordance with Section 51.008, Education Code. | ||
SECTION 3. Section 361.013(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsections (e) through (i), the | ||
commission shall charge a fee on all solid waste that is disposed of | ||
within this state. The fee is 94 cents [ |
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disposal at a municipal solid waste landfill if the solid waste is | ||
measured by weight. If the solid waste is measured by volume, the | ||
fee for compacted solid waste is 30 [ |
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the fee [ |
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cubic yard received for disposal at a municipal solid waste | ||
landfill. The commission shall set the fee for sludge or similar | ||
waste applied to the land for beneficial use on a dry weight basis | ||
and for solid waste received at an incinerator or a shredding and | ||
composting facility at half the fee set for solid waste received for | ||
disposal at a landfill. The commission may charge comparable fees | ||
for other means of solid waste disposal that are used. | ||
SECTION 4. Sections 361.014(a) and (b), Health and Safety | ||
Code, are amended to read as follows: | ||
(a) Revenue received by the commission under Section | ||
361.013 shall be deposited in the state treasury to the credit of | ||
the commission. Of that [ |
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dedicated to the commission's municipal solid waste permitting and | ||
enforcement programs and related support activities and to pay for | ||
activities that will enhance the state's solid waste management | ||
program, including: | ||
(1) provision of funds for the municipal solid waste | ||
management planning fund and the municipal solid waste resource | ||
recovery applied research and technical assistance fund | ||
established by the Comprehensive Municipal Solid Waste Management, | ||
Resource Recovery, and Conservation Act (Chapter 363); | ||
(2) conduct of demonstration projects and studies to | ||
help local governments of various populations and the private | ||
sector to convert to accounting systems and set rates that reflect | ||
the full costs of providing waste management services and are | ||
proportionate to the amount of waste generated; | ||
(3) provision of technical assistance to local | ||
governments concerning solid waste management; | ||
(4) establishment of a solid waste resource center in | ||
the commission and an office of waste minimization and recycling; | ||
(5) provision of supplemental funding to local | ||
governments for the enforcement of this chapter, the Texas Litter | ||
Abatement Act (Chapter 365), and Chapters 391 and 683, | ||
Transportation Code; | ||
(6) conduct of a statewide public awareness program | ||
concerning solid waste management; | ||
(7) provision of supplemental funds for other state | ||
agencies with responsibilities concerning solid waste management, | ||
recycling, and other initiatives with the purpose of diverting | ||
recyclable waste from landfills; | ||
(8) conduct of research to promote the development and | ||
stimulation of markets for recycled waste products; | ||
(9) creation of a state municipal solid waste | ||
superfund, from funds appropriated, for: | ||
(A) the cleanup of unauthorized tire dumps and | ||
solid waste dumps for which a responsible party cannot be located or | ||
is not immediately financially able to provide the cleanup; | ||
(B) the cleanup or proper closure of abandoned or | ||
contaminated municipal solid waste sites for which a responsible | ||
party is not immediately financially able to provide the cleanup; | ||
and | ||
(C) remediation, cleanup, and proper closure of | ||
unauthorized recycling sites for which a responsible party is not | ||
immediately financially able to perform the remediation, cleanup, | ||
and closure; | ||
(10) provision of funds to mitigate the economic and | ||
environmental impacts of lead-acid battery recycling activities on | ||
local governments; and | ||
(11) provision of funds for the conduct of research by | ||
a public or private entity to assist the state in developing new | ||
technologies and methods to reduce the amount of municipal waste | ||
disposed of in landfills. | ||
(b) Of [ |
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under Section 361.013, 33.3 percent is dedicated to local and | ||
regional solid waste projects consistent with regional plans | ||
approved by the commission in accordance with this chapter and to | ||
update and maintain those plans. Those revenues shall be allocated | ||
to municipal solid waste geographic planning regions for use by | ||
local governments and regional planning commissions according to a | ||
formula established by the commission that takes into account | ||
population, area, solid waste fee generation, and public health | ||
needs. Each planning region shall issue a biennial report to the | ||
legislature detailing how the revenue is spent. A project or | ||
service funded under this subsection must promote cooperation | ||
between public and private entities and may not be otherwise | ||
readily available or create a competitive advantage over a private | ||
industry that provides recycling or solid waste services. | ||
SECTION 5. Section 771.0711(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Money collected under Subsection (b) may be used only | ||
for services related to 9-1-1 services, including automatic number | ||
identification and automatic location information services, or as | ||
authorized by Section 771.079(c). Not later than the 15th day after | ||
the end of the month in which the money is collected, the commission | ||
shall distribute to each emergency communication district that does | ||
not participate in the state system a portion of the money that | ||
bears the same proportion to the total amount collected that the | ||
population of the area served by the district bears to the | ||
population of the state. The remaining money collected under | ||
Subsection (b) shall be deposited to the 9-1-1 services fee | ||
account. | ||
SECTION 6. Section 771.079(c), Health and Safety Code, is | ||
amended to read as follows: | ||
(c) Money in the account may be appropriated only to: | ||
(1) the commission for planning, development, | ||
provision, or enhancement of the effectiveness of 9-1-1 service or | ||
for contracts with regional planning commissions for 9-1-1 service; | ||
or | ||
(2) the Texas A&M Forest Service for providing | ||
assistance to volunteer fire departments under Subchapter G, | ||
Chapter 614, Government Code. | ||
SECTION 7. Section 780.003(a), Health and Safety Code, is | ||
amended to read as follows: | ||
(a) The designated trauma facility and emergency medical | ||
services account is created as a dedicated account in the general | ||
revenue fund of the state treasury. Money in the account may be | ||
appropriated only to: | ||
(1) the department for the purposes described by | ||
Section 780.004; or | ||
(2) the Texas Higher Education Coordinating Board for | ||
graduate-level: | ||
(A) medical education programs; or | ||
(B) nursing education programs. | ||
SECTION 8. Section 2007.002, Insurance Code, is amended to | ||
read as follows: | ||
Sec. 2007.002. ASSESSMENT. The comptroller shall assess | ||
against all insurers to which this chapter applies amounts for each | ||
state fiscal year necessary, as determined by the commissioner, to | ||
collect a combined total equal to the total amount that the General | ||
Appropriations Act appropriates from the volunteer fire department | ||
assistance fund account in the general revenue fund for that state | ||
fiscal year [ |
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SECTION 9. Subchapter I, Chapter 26, Water Code, is amended | ||
by adding Section 26.35745 to read as follows: | ||
Sec. 26.35745. REPORT ON FEES NECESSARY TO CONCLUDE | ||
PROGRAM. The commission shall investigate the amount of fees that | ||
would be necessary to cover the costs necessary to conclude the | ||
programs and activities under this subchapter before September 1, | ||
2021. The commission shall present a report to the legislature on | ||
the conclusions of the investigation and include in the report the | ||
commission's recommendations regarding the fees and programs and | ||
activities. The report must be presented not later than January 30, | ||
2015. This section expires September 1, 2021. | ||
SECTION 10. Sections 501.138(b-2) and (b-3), | ||
Transportation Code, are repealed. | ||
SECTION 11. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2013. |