34 TAC §3.692
The Comptroller of Public Accounts proposes an amendment
to §3.692, concerning definitions, reporting requirements and amount
of fee. This section is being amended pursuant to Senate Bill 1863, 79th Legislature,
2005. Senate Bill 1863 changed language to reduce the rate of the fee and
reduce the maximum and minimum thresholds for the Coastal Protection Fund
(Natural Resources Code, §40.155(a), (b)).
John Heleman, Chief Revenue Estimator, has determined that for the first
five-year period the amendment will be in effect, there will be no significant
revenue impact on the state or units of local government.
Mr. Heleman also has determined that for each year of the first five years
the amendment is in effect, the public benefit anticipated as a result of
enforcing the amended rule will be in providing correct information to fee
payers and collectors regarding their responsibilities. This rule is adopted
under Tax Code, Title 2, and does not require a statement of fiscal implications
for small businesses. There is no significant anticipated economic cost to
individuals who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Bryant K. Lomax, Manager,
Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.
The amendment is proposed under Tax Code, §111.002 and §111.0022,
which provides the comptroller with the authority to prescribe, adopt, and
enforce rules relating to the administration and enforcement of the provisions
of Tax Code, Title 2, and taxes, fees, or other charges which the comptroller
administers under other law.
The amendment implements Natural Resource Code, §40.155.
§3.692.Definitions, Reporting Requirements and Amount of Fee [ (Natural Resources Code, §40.155 and §40.156) ].
(a)
(No change.)
(b)
Reporting requirements.
(1)
Each marine terminal operator, or owner of crude oil who
is registered with the comptroller to report the fee, shall file a coastal
protection fee report with the comptroller stating the number of barrels of
crude oil and condensate off-loaded from vessels or loaded onto vessels at
marine terminals located in Texas. The volume shall be determined by tank
tables compiled to show 100% of the full capacity of the tank or by use of
industry standard automatic measuring equipment, and shall be corrected to
60 degrees
Fahrenheit
[
F
]. The volume may be reduced
by a reasonable allowance for basic sediment and water as determined by tests
generally recognized by the industry to be accurate.
(2) - (3)
(No change.)
(c)
Amount of fee.
(1)
Except as provided in paragraphs (2) and (4) of this subsection,
the rate of the fee will be
$.01333
[
$.02
] per barrel
of crude oil or condensate.
(2)
When the balance in the coastal protection fund has reached
$20
[
$25
] million, the commissioner of the General Land Office
will certify that fact to the comptroller. The fee will not be collected or
required to be paid on or after the first day of the second month following
the commissioner's certification to the comptroller.
(3)
If the commissioner of the General Land Office certifies
to the comptroller that the balance of the coastal protection fund has fallen
below
$10
[
$14
] million, the fee will again be due at
the rate of
$.01333
[
$.02
] per barrel.
(4)
The rate of the fee will be $.04 per barrel of crude oil
or condensate when:
(A)
the commissioner of the General Land Office certifies to
the comptroller that:
(i)
the balance in the coastal protection fund is less than
$20
[
$25
] million; and
(ii) - (iii)
(No change.)
(B)
The fee will not be collected or required to be paid on
or after the first day of the second month following the commissioner's certification
to the comptroller that the balance in the coastal protection fund has reached:
(i)
$20
[
$25
] million; or
(ii)
(No change.)
(5)
(No change.)
(d)
(No change.)
(e)
Penalty. Penalties due on delinquent fees and reports will
be imposed as provided by [
the
] Tax Code, §111.061.
(f)
Interest. Interest due on delinquent fees will be imposed
as provided by [
the
] Tax Code, §111.060.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on June 20, 2006.
TRD-200603372
Martin Cherry
Chief Deputy General Counsel
Comptroller of Public Accounts
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0387