By:  Armbrister                                       S.B. No. 1058
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to fees imposed and collected and other revenue received
    1-2  by agencies of state and local government.
    1-3        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-4        SECTION 1.  Chapter 12, Agriculture Code, is amended by
    1-5  adding Section 12.031 to read as follows:
    1-6        Sec. 12.031.  PUBLICATIONS.  (a)  The department may provide
    1-7  or sell information, including books, magazines, photographs,
    1-8  prints, and bulletins, to the public concerning agriculture,
    1-9  horticulture, or related industries.
   1-10        (b)  The department may receive royalties on department-owned
   1-11  materials that are sold or supplied to others by the department for
   1-12  publication.
   1-13        (c)  The department may contract for the publication of
   1-14  information concerning agriculture, horticulture, or related
   1-15  industries.
   1-16        (d)  Money received under this section shall be deposited in
   1-17  the state treasury to the credit of the fund from which expenses
   1-18  for the publication were paid.
   1-19        SECTION 2.  (a)  Chapter 102, Code of Criminal Procedure, is
   1-20  amended by adding Subchapter E to read as follows:
   1-21    SUBCHAPTER E.  DEATH BENEFITS FOR SURVIVORS OF PUBLIC SERVANTS
   1-22        Art. 102.091.  MISDEMEANOR AND FELONY COSTS.  (a)  In
   1-23  addition to other court costs, a defendant convicted of a
    2-1  misdemeanor or felony shall pay as a cost of court 25 cents.
    2-2        (b)  An officer shall collect the costs in the same manner as
    2-3  other costs are collected in the case.
    2-4        Art. 102.092.  RECORD OF COLLECTION.  (a)  An officer
    2-5  collecting costs due under this subchapter in cases in municipal
    2-6  court shall keep separate records of the funds collected as costs
    2-7  under this subchapter and shall deposit the funds in the municipal
    2-8  treasury.
    2-9        (b)  An officer collecting costs due under this subchapter in
   2-10  justice, county, and district courts shall keep separate records of
   2-11  the funds collected as costs under this subchapter and shall
   2-12  deposit the funds in the county treasury.
   2-13        (c)  An officer collecting costs due under this subchapter in
   2-14  county courts on appeal from justice or municipal courts shall keep
   2-15  separate records of the funds collected under this subchapter and
   2-16  shall deposit the funds in the county treasury.
   2-17        Art. 102.093.  REPORTS REQUIRED.  (a)  Officers collecting
   2-18  funds due as costs under this subchapter shall file the report
   2-19  required under Article 103.005 of this code.
   2-20        (b)  If no funds due as costs under this subchapter have been
   2-21  collected in any quarter, the report required for each quarter
   2-22  shall be filed in the regular manner, and the report shall state
   2-23  that no funds due under this subchapter were collected.
   2-24        Art. 102.094.  TRANSFER OF FUNDS TO COMPTROLLER.  (a)  The
   2-25  custodians of the municipal and county treasuries may deposit the
    3-1  funds collected under this subchapter in interest-bearing accounts.
    3-2  The custodians shall keep records of the amount of funds collected
    3-3  under this subchapter that are on deposit with them and shall on or
    3-4  before the last day of the month following each calendar quarter
    3-5  remit to the comptroller of public accounts funds collected under
    3-6  this subchapter during the preceding quarter.
    3-7        (b)  A municipal or county treasury may retain all interest
    3-8  accrued on the funds if the custodian of the treasury keeps records
    3-9  of the amount of funds collected under this subchapter that are on
   3-10  deposit with the treasury and remits the funds to the comptroller
   3-11  within the period prescribed in Subsection (a) of this article.
   3-12        Art. 102.095.  COMPTROLLER'S DUTY.  The comptroller of public
   3-13  accounts shall deposit the funds received by the comptroller under
   3-14  this subchapter in an account in the general revenue fund to be
   3-15  used only for the payment of benefits under Chapter 86, Acts of the
   3-16  60th Legislature, Regular Session, 1967 (Article 6228f, Vernon's
   3-17  Texas Civil Statutes).
   3-18        (b)  This section is contingent on the enactment by the
   3-19  legislature and the becoming law of S.B. No. 97, 73rd Legislature,
   3-20  Regular Session, 1993.  If that bill does not become law, this
   3-21  section has no effect.
   3-22        SECTION 3.  (a)  Subsections (d) and (e), Section 242.033,
   3-23  Health and Safety Code, are amended to read as follows:
   3-24        (d)  A license is renewable every two years <annually> after:
   3-25              (1)  an inspection, unless an inspection is not
    4-1  required as provided by Section 242.047;
    4-2              (2)  payment of the <annual> license fee; and
    4-3              (3)  department approval of the <annual> report filed
    4-4  every two years by the licensee.
    4-5        (e)  The <annual> report required for license renewal under
    4-6  Subsection (d)(3) must comply with rules adopted by the board that
    4-7  specify the date of submission of the report, the information it
    4-8  must contain, and its form.
    4-9        (b)  Section 242.034, Health and Safety Code, is amended by
   4-10  amending Subsections (a) and (b) and adding Subsection (f) to read
   4-11  as follows:
   4-12        (a)  The board may establish by rule license fees for
   4-13  institutions licensed by the department under this chapter.  The
   4-14  license fee may not exceed $150 <is $50> plus $5 <$2> for each unit
   4-15  of capacity or bed space for which a license is sought.  An
   4-16  additional license fee may be charged as provided by Section
   4-17  242.097.
   4-18        (b)  The license fee must be paid <annually> with each
   4-19  application for an initial license, a renewal <of the
   4-20  institution's> license, or a change of ownership license.
   4-21        (f)  The license fees established under this chapter are an
   4-22  allowable cost for reimbursement under the medical assistance
   4-23  program administered by the Texas Department of Human Services
   4-24  under Chapter 32, Human Resources Code.  Any fee increases shall be
   4-25  reflected in reimbursement rates prospectively.
    5-1        SECTION 4.  (a)  Section 401.120, Health and Safety Code, as
    5-2  added by S.B. No. 392, Acts of the 73rd Legislature, Regular
    5-3  Session, 1993, is amended by adding Subsection (g) to read as
    5-4  follows:
    5-5        (g)  The department may set the fees authorized under Section
    5-6  401.301 to cover the expenses incurred in administering this
    5-7  section.
    5-8        (b)  This section is contingent on the enactment by the
    5-9  legislature and the becoming law of S.B. No. 392, 73rd Legislature,
   5-10  Regular Session, 1993.  If that bill does not become law, this
   5-11  section has no effect.
   5-12        SECTION 5.  Section 431.241, Health and Safety Code, is
   5-13  amended by adding Subsection (g) to read as follows:
   5-14        (g)  The department may assess a fee for the issuance of a
   5-15  certificate of free sale and another certification issued under
   5-16  this chapter.  The board by rule shall set each fee in an amount
   5-17  sufficient to recover the cost to the department of issuing the
   5-18  particular certificate.
   5-19        SECTION 6.  Section 3, Article 21.60, Insurance Code, is
   5-20  amended to read as follows:
   5-21        Sec. 3.  Administration and Enforcement.  (a)  The board
   5-22  shall administer and enforce this article.  The board shall
   5-23  establish reasonable and necessary fees in an amount not to exceed
   5-24  $20 per year for each amusement ride covered by this Act.
   5-25        (b)  For purposes of establishing fees under this section, an
    6-1  amusement ride that consists of two or more self-propelled,
    6-2  four-wheeled vehicles designed to be operated independently and to
    6-3  carry fewer than three persons, including vehicles known as
    6-4  go-carts, is a single amusement ride.
    6-5        (c)  Funds raised through said fees shall be deposited in the
    6-6  State Treasury and shall be credited to the account of the board
    6-7  for administration of this Act.
    6-8        SECTION 7.  (a)  Subsection (a), Section 118.011, Local
    6-9  Government Code, is amended to read as follows:
   6-10        (a)  A county clerk shall collect the following fees for
   6-11  services rendered to any person:
   6-12             (1)  Personal Property Records Filing (Sec.
   6-13                    118.012).................................. $ 2.00
   6-14             (2)  Real Property Records Filing (Sec.
   6-15                    118.013):
   6-16                  for the first page.......................... $ 3.00
   6-17                  for each additional page or part of a page
   6-18                    on which there are visible marks of any
   6-19                    kind...................................... $ 2.00
   6-20                  for all or part of each 8-1/2" X 14"
   6-21                    attachment or rider....................... $ 2.00
   6-22                  for each name in excess of five names that
   6-23                    has to be indexed in all records in
   6-24                    which the document must be indexed........ $ 0.25
   6-25             (3)  Certified Papers (Sec. 118.014):
    7-1                  for the clerk's certificate on<............. $ 1.00>
    7-2                  <plus a fee for> each page or part of a
    7-3                    page <of>................................. $ 1.00
    7-4             (4)  Noncertified Papers (Sec. 118.0145):
    7-5                  for each page or part of a page............. $ 1.00
    7-6             (5)  Birth or Death Certificate (Sec.
    7-7                    118.015)................  same as state registrar
    7-8             (6) <(5)>  Bond Approval (Sec. 118.016).......... $ 3.00
    7-9             (7) <(6)>  Notary Appointment (Sec. 118.017)..... $ 4.00
   7-10             (8) <(7)>  Marriage License (Sec. 118.018)....... $25.00
   7-11             (9) <(8)>  Declaration of Informal Marriage
   7-12                          (Sec. 118.019)...................... $25.00
   7-13             (10) <(9)>  Brand Registration (Sec. 118.020).... $ 5.00
   7-14             (11) <(10)>  Oath Administration (Sec. 118.021)
   7-15                          .................................... $ 1.00
   7-16        (b)  Subchapter B, Chapter 118, Local Government Code, is
   7-17  amended by adding Section 118.0145 to read as follows:
   7-18        Sec. 118.0145.  NONCERTIFIED PAPERS.  The fee for
   7-19  "Noncertified Papers" under Section 118.011 is for issuing a
   7-20  noncertified copy of a document.  The fee must be paid at the time
   7-21  the order is placed.
   7-22        (c)  Section 118.052, Local Government Code, is amended to
   7-23  read as follows:
   7-24        Sec. 118.052.  Fee Schedule.  Each clerk of a county court
   7-25  shall collect the following fees for services rendered to any
    8-1  person:
    8-2             (1)  CIVIL COURT ACTIONS
    8-3                  (A)  Filing of Original Action (Sec.
    8-4                         118.053):
    8-5                       (i)  Garnishment after judgment........ $15.00
    8-6                      (ii)  All others........................ $40.00
    8-7                  (B)  Filing of Action Other than Original
    8-8                         (Sec. 118.054) ...................... $30.00
    8-9                  (C)  Services Rendered After Judgment in
   8-10                         Original Action (Sec. 118.0545):
   8-11                       (i)  Abstract of judgment .............. $5.00
   8-12                      (ii)  Execution, order of sale, writ,
   8-13                              or other process ................ $5.00
   8-14             (2)  PROBATE COURT ACTIONS
   8-15                  (A)  Probate Original Action (Sec.
   8-16                         118.055):
   8-17                       (i)  Probate of a will with
   8-18                              independent executor,
   8-19                              administration with will
   8-20                              attached, administration of an
   8-21                              estate, guardianship or
   8-22                              receivership of an estate, or
   8-23                              muniment of title .............. $35.00
   8-24                      (ii)  Community survivors .............. $20.00
   8-25                     (iii)  Small estates .................... $10.00
    9-1                      (iv)  Affidavits of heirship ........... $10.00
    9-2                       (v)  Mental health or chemical
    9-3                              dependency services ............ $40.00
    9-4                      (vi)  Additional, special fee (Sec.
    9-5                              118.064) ....................... $ 3.00
    9-6                  (B)  Services in Pending Probate Action
    9-7                         (Sec. 118.056):
    9-8                       (i)  Filing and recording a document:
    9-9                            for the first page ............... $ 3.00
   9-10                            for each additional page or part
   9-11                               of a page ..................... $ 2.00
   9-12                      (ii)  Approving and recording bond ..... $ 3.00
   9-13                     (iii)  Administering oath ............... $ 2.00
   9-14                  (C)  Adverse Probate Action (Sec. 118.057)
   9-15                         ..................................... $35.00
   9-16                  (D)  Claim Against Estate (Sec. 118.058) ... $ 2.00
   9-17             (3)  OTHER FEES
   9-18                  (A)  Issuing Document <Requiring a Return,
   9-19                         No Pending Action> (Sec. 118.059):
   9-20                       original document and one copy ........ $ 4.00
   9-21                       each additional set of an original
   9-22                         and one copy ........................ $ 4.00
   9-23                  (B)  Certified Papers<, No Return
   9-24                         Required> (Sec. 118.060):
   9-25                       for the clerk's certificate ........... $ 1.00
   10-1                       plus a fee per page or part of a page
   10-2                         of .................................. $ 1.00
   10-3                  (C)  Noncertified Papers (Sec. 118.0605):
   10-4                       for each page or part of a page ....... $ 1.00
   10-5                  (D)  Letters Testamentary, Letter of
   10-6                         Guardianship, Letter of
   10-7                         Administration, or Abstract of
   10-8                         Judgment (Sec. 118.061) ............. $ 2.00
   10-9                  (E) <(D)>  Safekeeping of Wills (Sec.
  10-10                               118.062) ...................... $ 5.00
  10-11                  (F) <(E)>  Mail Service of Process (Sec.
  10-12                               118.063) ............. same as sheriff
  10-13        (d)  Subchapter C, Chapter 118, Local Government Code, is
  10-14  amended by adding Section 118.0605 to read as follows:
  10-15        Sec. 118.0605.  NONCERTIFIED PAPERS.  (a)  The fee for
  10-16  "Noncertified Papers" under Section 118.052(3) is for issuing a
  10-17  noncertified copy of a document.
  10-18        (b)  The fee must be paid at the time the order is placed.
  10-19        (e)  This section is contingent on the enactment by the
  10-20  legislature and the becoming law of S.B. No. 1269 or H.B. No. 1743,
  10-21  73rd Legislature, Regular Session, 1993.  If neither of those bills
  10-22  becomes law, this section has no effect.
  10-23        SECTION 8.  (a)  Subchapter G, Chapter 12, Parks and Wildlife
  10-24  Code, is amended by adding Section 12.6035 to read as follows:
  10-25        Sec. 12.6035.  PERMIT AND REGISTRATION FEES.  The commission
   11-1  by rule may establish fees for restricted wild animal permits
   11-2  issued under this subchapter and registrations required of persons
   11-3  holding a restricted wild animal under a permit not issued by the
   11-4  department.  The commission shall set the fees in amounts
   11-5  sufficient to recover the costs to the department of administering
   11-6  this subchapter, including the costs of maintaining and disposing
   11-7  of restricted wild animals.
   11-8        (b)  This section is contingent on the enactment by the
   11-9  legislature and the becoming law of S.B. No. 23, 73rd Legislature,
  11-10  Regular Session, 1993.  If that bill does not become law, this
  11-11  section has no effect.
  11-12        SECTION 9.  (a)  Subchapter Q, Chapter 43, Parks and Wildlife
  11-13  Code, as added by S.B. No. 521 or H.B. No. 2037, Acts of the 73rd
  11-14  Legislature, Regular Session, 1993, is amended by adding Section
  11-15  43.5821 to read as follows:
  11-16        Sec. 43.5821.  FEE.  (a)  The fee for a muzzleloader stamp is
  11-17  $10 or a greater amount set by the commission as an amount
  11-18  sufficient to recover the costs to the department of administering
  11-19  this subchapter.
  11-20        (b)  Fifty cents of each fee collected under this chapter may
  11-21  be retained as a collection fee by an agent of the department other
  11-22  than a department employee.
  11-23        (c)  After deduction of any collection fee, the net receipts
  11-24  from stamp sales shall be sent to the department.
  11-25        (b)  This section is contingent on the enactment by the
   12-1  legislature and the becoming law of S.B. No. 521 or H.B. No. 2037,
   12-2  73rd Legislature, Regular Session, 1993.  If neither of those bills
   12-3  becomes law, this section has no effect.
   12-4        SECTION 10.  (a)  Subchapter A, Chapter 46, Parks and
   12-5  Wildlife Code, is amended by adding Section 46.0045 to read as
   12-6  follows:
   12-7        Sec. 46.0045.  TAG FEES.  The commission by rule may
   12-8  establish fees for initial and duplicate tags issued under this
   12-9  subchapter and issuance and/or collection fees for the license
  12-10  deputies issuing the tags.  The commission shall set the fees in
  12-11  amounts sufficient to recover the costs to the department of this
  12-12  program.
  12-13        (b)  This section is contingent on the enactment by the
  12-14  legislature and the becoming law of S.B. No. 441, 73rd Legislature,
  12-15  Regular Session, 1993.  If that bill does not become law, this
  12-16  section has no effect.
  12-17        SECTION 11.  Section 5.235, Water Code, is amended to read as
  12-18  follows:
  12-19        Sec. 5.235.  Fees.  (a)  The executive director shall charge
  12-20  and collect the fees prescribed by law <this section>.  The
  12-21  executive director shall make a record of fees prescribed when due
  12-22  and shall render an account to the person charged with the fees.
  12-23  Each fee is a separate charge and is in addition to other fees
  12-24  unless provided otherwise.
  12-25        (b)  Notwithstanding any provision of law to the contrary,
   13-1  the commission by rule may establish due dates, schedules, and
   13-2  procedures for the assessment, collection, and remittance of fees
   13-3  due the commission to ensure the cost-effective administration of
   13-4  revenue collection and cash management programs.
   13-5        (c)  Notwithstanding any provision of law to the contrary,
   13-6  the commission by rule shall establish uniform and consistent
   13-7  requirements for the assessment of penalties and interest for late
   13-8  payment of fees owed the state under the commission's jurisdiction.
   13-9  Penalties and interest established under this section shall not
  13-10  exceed rates established for delinquent taxes under Sections
  13-11  111.060 and 111.061, Tax Code.
  13-12        (d)  Except as otherwise <specifically> provided by law <this
  13-13  section>, the commission may collect a fee from a person who
  13-14  receives a service from the commission.  For the purpose of this
  13-15  section, the services may include the publication of public notice
  13-16  and the review and processing of applications, petitions,
  13-17  registrations, certifications, or other forms of approval received
  13-18  from the commission or the performance of related technical or
  13-19  administrative services <fee for filing an application or petition
  13-20  is $100 plus the cost of any required notice.  The fee for a
  13-21  by-pass permit shall be set by the commission at a reasonable
  13-22  amount to recover costs, but not less than $100>.
  13-23        (e)  A fee under this section shall be set by rule of the
  13-24  commission and may not exceed the demonstrable costs of the
  13-25  commission in providing the service rendered <(c)  The fee for
   14-1  filing a water permit application is $100 plus the cost of required
   14-2  notice>.
   14-3        (f)  Except as otherwise provided by law, a fee assessed
   14-4  under this section shall be deposited to the credit of the Texas
   14-5  Natural Resource Conservation Commission operating account within
   14-6  the general revenue fund and may be appropriated only to the
   14-7  commission for the purpose of services provided by the commission.
   14-8  The commission shall maintain records of income and expense to
   14-9  ensure that fees are expended for the purposes intended under this
  14-10  section and demonstrate the costs recovered <(d)  The fee for
  14-11  filing an application for fixing or adjusting rates is $100 plus
  14-12  the cost of required notice>.
  14-13        (g) <(e)>  A person who files with the commission a petition
  14-14  for the creation of a water district or addition of sewage and
  14-15  drainage powers or a resolution for a water district conversion
  14-16  must pay a one-time nonrefundable application fee.  The commission
  14-17  by rule may set the application fee in an amount not to exceed the
  14-18  costs of reviewing and processing the application <$700>, plus the
  14-19  cost of required notice.  This fee is the only fee that the
  14-20  commission may charge with regard to the processing of an
  14-21  application for creation of a water district, addition of sewage or
  14-22  drainage powers, or conversion under this code.
  14-23        (h) <(f)>  A person who files a bond issue application with
  14-24  the commission must pay an application fee set by the commission.
  14-25  The commission by rule may set the application fee in an amount not
   15-1  to exceed the costs of reviewing and processing the application
   15-2  <$500>, plus the cost of required notice.  If the bonds are
   15-3  approved by the commission, the seller shall pay to the commission
   15-4  a percentage of the bond proceeds not later than the seventh
   15-5  business day after receipt of the bond proceeds.  The commission by
   15-6  rule may set the percentage of the proceeds in an amount not to
   15-7  exceed 0.25 percent of the principal amount of the bonds actually
   15-8  issued.  Revenue from these fees and application fees under
   15-9  Subsection (g) of this section shall be deposited in the state
  15-10  treasury and credited to the water utility <quality> fund.
  15-11  Proceeds of the fees shall be used to supplement any other funds
  15-12  available for paying expenses of the commission in supervising the
  15-13  various bond and construction activities of the districts filing
  15-14  the applications.
  15-15        (i) <(g)>  The fee for recording an instrument in the office
  15-16  of the commission is $1.25 per page.
  15-17        (j) <(h)>  The fee for the use of water for irrigation is 50
  15-18  cents per acre to be irrigated.
  15-19        (k) <(i)>  The fee for impounding water, except under Section
  15-20  11.142 of this code, is 50 cents per acre-foot of storage, based on
  15-21  the total holding capacity of the reservoir at normal operating
  15-22  level.
  15-23        (l) <(j)>  The fee for other uses of water not specifically
  15-24  named in this section is $1 per acre-foot, except that no political
  15-25  subdivision may be required to pay fees to use water for recharge
   16-1  of underground freshwater-bearing sands and aquifers or for
   16-2  abatement of natural pollution.
   16-3        (m) <(k)>  A fee charged under Subsections (j) through (l) of
   16-4  this section for one use of water under a permit from the
   16-5  commission may not exceed $50,000 <$25,000>.  The fee for each
   16-6  additional use of water under a permit for which the maximum fee is
   16-7  paid may not exceed $10,000 <$5,000>.
   16-8        (n) <(l)>  The fees prescribed by Subsections (j) <(h)>
   16-9  through (l) <(j)> of this section are one-time fees, payable when
  16-10  the application for an appropriation is made.  However, if the
  16-11  total fee for a permit exceeds $1,000, the applicant shall pay
  16-12  one-half <one-tenth> of the fee when the application is filed and
  16-13  one-half<, one-tenth> within 180 <30> days after notice is mailed
  16-14  to him that the permit is granted<, and the balance before he
  16-15  begins to use water under the permit>.  If the applicant does not
  16-16  pay all of the amount owed before beginning to use water under the
  16-17  permit, the permit is annulled.
  16-18        (o) <(m)>  If a permit is annulled, the matter reverts to the
  16-19  status of a pending, filed application and, on the payment of use
  16-20  fees as provided by Subsections (j) through (n) of this section
  16-21  <this subsection> together with sufficient postage fees for mailing
  16-22  notice of hearing, the commission shall set the application for
  16-23  hearing and proceed as provided by this code.
  16-24        (p) <(n)>(1)  Each provider of potable water or sewer utility
  16-25  service shall collect a regulatory assessment from each retail
   17-1  customer as follows:
   17-2                    (A)  A public utility as defined in Section
   17-3  13.002 of this code shall collect from each retail customer a
   17-4  regulatory assessment equal to one percent of the charge for retail
   17-5  water or sewer service.
   17-6                    (B)  A water supply or sewer service corporation
   17-7  as defined in Section 13.002 of this code shall collect from each
   17-8  retail customer a regulatory assessment equal to one-half of one
   17-9  percent of the charge for retail water or sewer service.
  17-10                    (C)  A district as defined in Section 50.001 of
  17-11  this code that provides potable water or sewer utility service to
  17-12  retail customers shall collect from each retail customer a
  17-13  regulatory assessment equal to one-half of one percent of the
  17-14  charge for retail water or sewer service.
  17-15              (2)  The regulatory assessment may be listed on the
  17-16  customer's bill as a separate item and shall be collected in
  17-17  addition to other charges for utility services.
  17-18              (3)  The commission shall use the assessments collected
  17-19  under this subsection <from districts> solely to pay costs and
  17-20  expenses incurred by the commission in the regulation of districts,
  17-21  water supply or sewer service corporations, and public utilities
  17-22  under Chapter 13 of this code.
  17-23              (4)  <The commission shall use the assessments
  17-24  collected from water supply or sewer service corporations solely to
  17-25  pay costs and expenses incurred by the commission in the regulation
   18-1  of water supply or sewer service corporations.>
   18-2              <(5)  The commission shall use the assessments
   18-3  collected from public utilities solely to pay costs and expenses
   18-4  incurred by the commission in the regulation of public utilities.>
   18-5              <(6)>  The commission shall annually use a portion of
   18-6  the assessments to provide on-site technical assistance and
   18-7  training to public utilities, water supply or sewer service
   18-8  corporations, and districts.  The commission may <shall> contract
   18-9  with others to provide the services.
  18-10              (5)  The commission by rule may establish due dates,
  18-11  collection procedures, and penalties for late payment related to
  18-12  regulatory assessments under this subsection <(7)  Except as
  18-13  provided by Paragraph (A) of this subdivision, assessments
  18-14  collected from retail customers for the prior 12 months are due on
  18-15  January 15 of each year>.  The executive director shall collect all
  18-16  assessments from the utility service providers, and those funds
  18-17  shall be paid into the state treasury and credited to the water
  18-18  utility fund.
  18-19              (6) <(A)  A utility service provider may make quarterly
  18-20  payments due on January 15, April 15, July 15, and October 15 of
  18-21  each year.  If payments are made quarterly and received by the
  18-22  commission not later than the 30th day after the due date, the
  18-23  utility service provider may retain an administrative fee equal to
  18-24  10 percent of the amount due for costs incurred in collecting and
  18-25  remitting the assessment.>
   19-1                    <(B)  The commission shall assess on a utility
   19-2  service provider a penalty equal to 10 percent of the amount due
   19-3  for any payment received after January 31.  Funds delinquent for
   19-4  more than 30 days shall draw interest at the rate of 10 percent a
   19-5  year on the assessment and penalty due.>
   19-6                    <(C)>  The commission shall assess a penalty
   19-7  against a municipality with a population of more than 1.5 million
   19-8  that does not provide municipal water and sewer services in an
   19-9  annexed area on or before 4-1/2  years after the annexation takes
  19-10  effect in accordance with Section 43.056, Local Government Code.  A
  19-11  penalty assessed under this paragraph shall be not more than $1,000
  19-12  for each day the services are not provided after 4-1/2  years after
  19-13  the annexation.  A penalty collected under this paragraph shall be
  19-14  deposited to the credit of the water utility <into a special> fund
  19-15  in the state treasury to be used to provide water and sewer service
  19-16  to residents of the city.
  19-17              (7) <(8)>  The regulatory assessment does not apply to
  19-18  water that has not been treated for the purpose of human
  19-19  consumption.
  19-20        SECTION 12.  Subsection (a), Section 11A, The Real Estate
  19-21  License Act (Article 6573a, Vernon's Texas Civil Statutes), is
  19-22  amended to read as follows:
  19-23        (a)  Each of the following fees imposed by or under another
  19-24  section of this Act is increased by $200:
  19-25              (1)  fee for filing an original application for an
   20-1  individual <a> real estate broker license; and
   20-2              (2)  fee for annual renewal of an individual <a> real
   20-3  estate broker license.
   20-4        SECTION 13.  (a)  Section 5p, Chapter 88, General Laws, Acts
   20-5  of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-1
   20-6  et seq., Vernon's Texas Civil Statutes), as added by S.B. No. 1116,
   20-7  Acts of the 73rd Legislature, Regular Session, 1993, is amended by
   20-8  adding Subsections (f) through (i) to read as follows:
   20-9        (f)  The department shall set an annual fee for license
  20-10  plates under this section in an amount that the department
  20-11  estimates is three times the amount sufficient to recover the costs
  20-12  of the department in issuing the plates.  The fee is in addition to
  20-13  the regular registration fee for the vehicle imposed by Section 5
  20-14  of this Act and, if personalized prestige license plates are
  20-15  issued, in addition to the fee imposed by Section 5c of this Act.
  20-16        (g)  The department shall deposit 65 percent of each fee
  20-17  collected under this section in the state treasury to the credit of
  20-18  an account in the general revenue fund to be known as the Texas
  20-19  Environmental Education Advisory Committee account.  Money in the
  20-20  account may be used only for support of programs administered or
  20-21  supported by the Central Education Agency under Section 11.53,
  20-22  Education Code.  Fees deposited under this subsection are
  20-23  supplementary and are not income for purposes of reducing general
  20-24  revenue appropriations to the Central Education Agency in the
  20-25  General Appropriations Act.
   21-1        (h)  After the deposit provided for by Subsection (g) of this
   21-2  section, the department shall deposit the remainder of each fee
   21-3  collected under this section in the state treasury to the credit of
   21-4  the state highway fund to be used only to defray the cost of
   21-5  administering this section.
   21-6        (i)  If license plates issued under this section are lost,
   21-7  stolen, or mutilated, the owner of the vehicle for which the plates
   21-8  were issued may obtain replacement plates from the department by
   21-9  paying a replacement fee of $5.  If the owner of a vehicle for
  21-10  which plates are issued under this section disposes of the vehicle
  21-11  during a registration year, the owner shall return the special
  21-12  license plates to the department.
  21-13        (b)  This section is contingent on the enactment by the
  21-14  legislature and the becoming law of S.B. No. 1116, 73rd
  21-15  Legislature, Regular Session, 1993.  If that bill does not become
  21-16  law, this section has no effect.
  21-17        SECTION 14.  Subchapter C, Chapter 161, Agriculture Code, is
  21-18  amended by adding Section 161.053 to read as follows:
  21-19        Sec. 161.053.  FEES.  The commission by rule may adopt
  21-20  reasonable fees to the extent necessary to recover the costs of
  21-21  carrying out its duties under this code.
  21-22        SECTION 15.  (a)  Except as provided by Subsections (b) and
  21-23  (c) of this section, this Act takes effect immediately.
  21-24        (b)  Sections 2, 3, 5, 7, 8, 9, 10, 11, 13, and 14 of this
  21-25  Act take effect September 1, 1993.
   22-1        (c)  Section 6 of this Act takes effect January 1, 1994.
   22-2        SECTION 16.  (a)  The changes in law made by this Act in the
   22-3  amount or application of a fee apply only to a fee that becomes due
   22-4  on or after the effective date of the change and, as applicable,
   22-5  the effective date of a rule adopted under the change.  A fee that
   22-6  became due before the effective date of the change in law made by
   22-7  this Act in the fee is governed by the law as it existed when the
   22-8  fee became due, and the former law is continued in effect for that
   22-9  purpose.
  22-10        (b)  Subchapter E, Chapter 102, Code of Criminal Procedure,
  22-11  as added by this Act, applies only to the imposition of a court
  22-12  cost following the conviction of a person for an offense committed
  22-13  on or after the effective date of that subchapter.
  22-14        SECTION 17.  The importance of this legislation and the
  22-15  crowded condition of the calendars in both houses create an
  22-16  emergency and an imperative public necessity that the
  22-17  constitutional rule requiring bills to be read on three several
  22-18  days in each house be suspended, and this rule is hereby suspended,
  22-19  and that this Act take effect and be in force according to its
  22-20  terms, and it is so enacted.