31 Tex. Admin. Code § 69.121 - Prices
(a) The commission, with the approval of the
governor, establishes a minimum royalty of $0.20 ton for sedimentary materials.
The permittee shall pay the minimum royalty or a percent royalty of 8.0% on the
average selling price per ton sold calculated on a monthly basis, whichever is
higher.
(1) Where the permittee uses a
floating dredge and barge or does not have access to a scale, measurement of
materials sold may be made in cubic yards and converted into tons according to
industry standard prior to payment.
(2) Payment for materials dredged solely for
personal use may be based on the minimum royalty.
(3) Penalties and interest on delinquencies.
(A) Penalties. Any royalty not paid when due,
or any required affidavit, report, or document not submitted when due, is
delinquent and penalties as provided in this paragraph shall be assessed. The
penalties prescribed by this paragraph shall be assessed beginning on the 31st
day following the due date. Payments remitted before the 31st day are not
subject to the provisions of this paragraph.
(i) For royalties due after the effective
date of this section, the department shall add a penalty of 10% of the
delinquent amount or $100, whichever is greater, to any royalty which is more
than 30 days delinquent. An additional penalty of 10% of the amount owed shall
be assessed for each 30-day period that the royalty payment or portion of the
royalty payment is outstanding.
(ii) For each report, affidavit, or document
that is delinquent or incorrect, a penalty of $100 shall be assessed. An
additional penalty of $100 per affidavit, report, or document that is
delinquent or incorrect shall be assessed for each 30-day period that each
affidavit, report, or document remains delinquent or is not
corrected.
(B) Interest.
Any royalty not paid is delinquent and shall accrue interest as provided in
this subparagraph.
(i) Interest shall accrue
on all delinquent royalties at the rate of 12% per year (simple
interest).
(ii) Interest shall
begin to accrue 31 days after the due date.
(b) The commission, with approval
of the governor, establishes a price of $1.25 per cubic yard on all grades of
shell removed from state-owned submerged tidelands. The price of shell will
hereafter be adjusted semiannually, starting October 1, 1981, to reflect any
increase or decrease (percent of change) in the Consumer Price Index of retail
sales as prepared by the Bureau of Labor Statistics, U.S. Department of Labor
(using the National Consumer Price Index, all urban consumers, 1967 equals 100)
except that any adjustment for the six-month period starting October 1, 1981,
will be based upon the Consumer Price Index statistics compiled for the six
months ending June 30, 1981, and each succeeding six-month period will be
adjusted in the same manner in order to provide permittees advanced notice of
price adjustments, and except that the price of shell per cubic yard will be
rounded off to the nearest whole cent and will not be adjusted in any six-month
period to less than the base price of $1.25 per cubic yard as established in
this section.
(c) In addition, 5.0%
of all shell dredged from state-owned submerged tidelands will be delivered to
points designated by the department in Texas bays and spread at permittee's
expense for reef enhancement. Except that when permittee is required to deliver
and spread shell at a point greater than 50 statute miles (computed using the
nearest water route through public navigational channels) from the dredge site,
the director is authorized to adjust the amount of shell permittee is required
to deliver and spread to a quantity less than 5.0% in order to offset
permittee's increased delivery cost for the distance over 50 miles. Permittee
will not be required to pay for the shell used for reef enhancement.
(d) The department's actual cost of
monitoring the dredging operations from state-owned submerged tidelands, not to
exceed $50,000 per year, will be assessed against each permittee in proportion
to the quantity (percentage of the total) shell removed by each permittee;
provided however the maximum monitoring cost of $50,000 will be adjusted each
fiscal year using the Consumer Price Index (CPI-U) for the preceding 12-month
period except that in no event will the maximum monitoring cost be adjusted
below $50,000. The director is authorized to determine the methods and terms
for payment of the monitoring cost.
Notes
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