By: Armbrister S.B. No. 1202
A BILL TO BE ENTITLED
AN ACT
1-1 relating to administration and collection of fees, recovery of
1-2 costs and operating fund.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 5.235, Water Code, is amended to read as
1-5 follows:
1-6 Sec. 5.235. Fees. (a) The executive director shall charge
1-7 and collect the fees prescribed by law <this section>. The
1-8 executive director shall make a record of fees prescribed when due
1-9 and shall render an account to the person charged with the fees.
1-10 Each fee is a separate charge and is in addition to other fees
1-11 unless provided otherwise.
1-12 (1) Notwithstanding other provisions, the commission
1-13 by rule may establish due dates, schedules and procedures for
1-14 assessment, collection and remittance of fees due the commission to
1-15 ensure the cost-effective administration of revenue collection and
1-16 cash management programs.
1-17 (2) Notwithstanding other provisions, the commission
1-18 by rule shall establish uniform and consistent requirements for the
1-19 assessment of penalties and interest for late payment of fees owed
1-20 the state under the commission's jurisdiction. Penalties and
1-21 interest established under this section shall not exceed rates
1-22 established for delinquent taxes under Sections 111.060-111.061,
1-23 Tax Code.
2-1 (b) Except as otherwise <specifically> provided by law <by
2-2 this section>, the commission may collect a fee from a person who
2-3 receives a service from the commission. For the purpose of this
2-4 section, such services may include, but are not limited to, the
2-5 publication of public notice and the review and processing of
2-6 applications, petitions, registrations, certifications or other
2-7 forms of approval received from the commission or the performance
2-8 of related technical or administrative services <fee for filing an
2-9 application or petition is $100 plus the cost of any required
2-10 notice. The fee for a by-pass permit shall be set by the agency at
2-11 a reasonable amount to recover costs, but not less than $100>.
2-12 (c) A fee under this section shall be set by rule of the
2-13 commission and may not exceed the demonstrable costs of the
2-14 commission in providing the service rendered <The fee for filing a
2-15 water permit application is $100 plus the cost of required notice>.
2-16 (d) Except as otherwise provided by law, a fee assessed
2-17 under this section shall be deposited to the Texas Natural Resource
2-18 Conservation Commission Operating Fund and is appropriated to the
2-19 commission for the purpose of recovery of costs of services
2-20 provided by the commission. The commission shall maintain records
2-21 of income and expense to ensure that fees are expended for the
2-22 purposes intended under this section and demonstrate the costs
2-23 recovered <The fee for filing an application for fixing or
2-24 adjusting rates is $100 plus the cost of required notice>.
2-25 (e) A person who files with the commission a petition for
3-1 the creation of a water district or addition of sewage and drainage
3-2 powers or a resolution for a water district conversion must pay a
3-3 one-time nonrefundable application fee. The commission by rule may
3-4 set the application fee in an amount not to exceed the costs of
3-5 reviewing and processing the application <$700>, plus the cost of
3-6 required notice. This fee is the only fee that the commission may
3-7 charge with regard to the processing of an application for creation
3-8 of a water district, addition of sewage or drainage powers, or
3-9 conversion under this code.
3-10 (f) A person who files a bond issue application with the
3-11 commission must pay an application fee set by the commission. The
3-12 commission by rule may set the application fee in an amount not to
3-13 exceed the costs of reviewing and processing the application
3-14 <$500>, plus the cost of required notice. If the bonds are
3-15 approved by the commission, the seller shall pay to the commission
3-16 a percentage of the bond proceeds not later than the seventh
3-17 business day after receipt of the bond proceeds. The commission by
3-18 rule may set the percentage of the proceeds in an amount not to
3-19 exceed 0.25 percent of the principal amount of the bonds actually
3-20 issued. Revenue from these fees and application fees under
3-21 subsection (e) of this section shall be deposited in the state
3-22 treasury and credited to the water utility <quality> fund.
3-23 Proceeds of the fees shall be used to supplement any other funds
3-24 available for paying expenses of the commission in supervising the
3-25 various bond and construction activities of the districts filing
4-1 the applications.
4-2 (g) The fee for recording an instrument in the office of the
4-3 commission is $1.25 per page.
4-4 (h) The fee for the use of water for irrigation is 50 cents
4-5 per acre to be irrigated.
4-6 (i) The fee for impounding water, except under Section
4-7 11.142 of this code, is 50 cents per acre-foot of storage, based on
4-8 the total holding capacity of the reservoir at normal operating
4-9 level.
4-10 (j) The fee for other uses of water not specifically named
4-11 in this section is $1 per acre-foot, except that no political
4-12 subdivision may be required to pay fees to use water for recharge
4-13 of underground freshwater-bearing sands and aquifers or for
4-14 abatement of natural pollution.
4-15 (k) A fee charged under Subsections (h) through (j) of this
4-16 section for one use of water under a permit from the commission may
4-17 not exceed $50,000 <$25,000>. The fee for each additional use of
4-18 water under a permit for which the maximum fee is paid may not
4-19 exceed $10,000 <$5,000>.
4-20 (l) The fees prescribed by Subsections (h) through (j) of
4-21 this section are one-time fees, payable when the application for an
4-22 appropriation is made. However, if the total fee for a permit
4-23 exceeds $1,000, the applicant shall pay one-half <one-tenth> of the
4-24 fee when the application is filed and one-half <,one-tenth> within
4-25 180 days after notice is mailed to him that the permit is granted<,
5-1 and the balance before he begins to use water under the permit>.
5-2 If the applicant does not pay all of the amount owed before
5-3 beginning to use water under the permit, the permit is annulled.
5-4 (m) If a permit is annulled, the matter reverts to the
5-5 status of a pending, filed application and, on the payment of use
5-6 fees as provided by Subsections (h) through (l) of this section
5-7 <subsection> together with sufficient postage fees for mailing
5-8 notice of hearing, the commission shall set the application for
5-9 hearing and proceed as provided by this code.
5-10 (n)(1) Each provider of potable water or sewer utility
5-11 service shall collect a regulatory assessment from each retail
5-12 customer as follows:
5-13 (A) A public utility as defined in Section
5-14 13.002 of this code shall collect from each retail customer a
5-15 regulatory assessment equal to one percent of the charge for retail
5-16 water or sewer service.
5-17 (B) A water supply or sewer service corporation
5-18 as defined in Section 13.002 of this code shall collect from each
5-19 retail customer a regulatory assessment equal to one-half of one
5-20 percent of the charge for retail water or sewer service.
5-21 (C) A district as defined in Section 50.001 of
5-22 this code that provides potable water or sewer utility service to
5-23 retail customers shall collect from each retail customer a
5-24 regulatory assessment equal to one-half of one percent of the
5-25 charge for retail water or sewer service.
6-1 (2) The regulatory assessment may be listed on the
6-2 customer's bill as a separate item and shall be collected in
6-3 addition to other charges for utility services.
6-4 (3) The commission shall use the assessments collected
6-5 under this subsection <from districts> solely to pay costs and
6-6 expenses incurred by the commission in the regulation of districts,
6-7 water supply or sewer service corporations and public utilities
6-8 under Chapter 13, Water Code.
6-9 <(4) The commission shall use the assessments
6-10 collected from water supply or sewer service corporations solely to
6-11 pay costs and expenses incurred by the commission in the regulation
6-12 of water supply or sewer service corporations.>
6-13 <(5) The commission shall use the assessments
6-14 collected from public utilities solely to pay costs and expenses
6-15 incurred by the commission in the regulation of public utilities.>
6-16 (4) <(6)> The commission shall annually use a portion
6-17 of the assessments to provide on-site technical assistance and
6-18 training to public utilities, water supply or sewer service
6-19 corporations, and districts. The commission may <shall> contract
6-20 with others to provide the services.
6-21 (5) <(7)> The commission by rule may establish due
6-22 dates, collection procedures and penalties for late payment related
6-23 to regulatory assessments under this subsection <Except as provided
6-24 by Paragraph (A) of this subdivision, assessments collected from
6-25 retail customers for the prior 12 months are due on January 15 of
7-1 each year>. The executive director shall collect all assessments
7-2 from the utility service providers, and those funds shall be paid
7-3 into the state treasury and credited to the water utility fund.
7-4 <(A) A utility service provider may make
7-5 quarterly payments due on January 15, April 15, July 15, and
7-6 October 15 of each year. If payments are made quarterly and
7-7 received by the commission not later than the 30th day after the
7-8 due date, the utility service provider may retain an administrative
7-9 fee equal to 10 percent of the amount due for costs incurred in
7-10 collecting and remitting the assessment.>
7-11 <(B) The commission shall assess on a utility
7-12 service provider a penalty equal to 10 percent of the amount due
7-13 for any payment received after January 31. Funds delinquent for
7-14 more than 30 days shall draw interest at the rate of 10 percent a
7-15 year on the assessment and penalty due.>
7-16 (6) <(C)> The commission shall assess a penalty
7-17 against a municipality with a population of more than 1.5 million
7-18 that does not provide municipal water and sewer services in an
7-19 annexed area on or before 4-1/2 years after the annexation takes
7-20 effect in accordance with Section 43.056, Local Government Code. A
7-21 penalty assessed under this paragraph shall be not more than $1,000
7-22 for each day the services are not provided after 4-1/2 years after
7-23 the annexation. A penalty collected under this paragraph shall be
7-24 deposited into the water utility <a special> fund in the state
7-25 treasury to be used to provide water and sewer service to residents
8-1 of the city.
8-2 (7) <(8)> The regulatory assessment does not apply to
8-3 water that has not been treated for the purpose of human
8-4 consumption.
8-5 SECTION 2. Chapter 5, Water Code is amended by adding
8-6 Section 5.237 to read as follows:
8-7 Sec. 5.237. OPERATING FUND. (a) The Texas Natural Resource
8-8 Conservation Commission Operating Fund is established in the
8-9 treasury. At the request of the commission, the comptroller is
8-10 authorized to transfer to an account in the operating fund any
8-11 appropriations made to the commission for the purpose of making
8-12 expenditures. After expenditures have been made from the operating
8-13 fund and proper line item appropriations identified, the commission
8-14 shall submit periodic adjustments to the comptroller in summary
8-15 amounts to record accurate cost allocations to the appropriate
8-16 funds and accounts. Periodic adjustments under this section shall
8-17 be made at least quarterly.
8-18 (b) The commission will establish and maintain accounting
8-19 records adequate to support the periodic reconciliation of
8-20 operating fund transfers and document expenditures from each fund
8-21 or account. All expenditures shall be made consistent with
8-22 provisions of law relating to the authorized use each fund or
8-23 account from which appropriations are made to the commission.
8-24 SECTION 3. Section 26.265, Water Code is amended to read as
8-25 follows:
9-1 Sec. 26.265. Texas Spill Response Fund. (a) There is
9-2 hereby created the Texas Spill Response Fund. This fund shall not
9-3 exceed $5 million, exclusive of fines and penalties received under
9-4 this subchapter.
9-5 (b) The fund shall consist of money appropriated to it by
9-6 the legislature and any fines, civil penalties, or other
9-7 reimbursement to the fund provided for under this subchapter.
9-8 (c) The <executive director with the approval of the>
9-9 commission may expend money in the fund only for the purposes
9-10 <purpose> of:
9-11 (1) response to and investigation of spills and
9-12 discharges;
9-13 (2) obtaining personnel, equipment, and supplies
9-14 required in the cleanup of discharges and spills; and <, including>
9-15 (3) the assessment of damages to and the restoration
9-16 of land and aquatic resources held in trust or owned by the state.
9-17 (d) In addition to any cause of action under Chapter 40,
9-18 Natural Resources Code, the state has a cause of action against any
9-19 responsible person for recovery of:
9-20 (1) expenditures out of the fund; and
9-21 (2) costs that would have been incurred or paid by the
9-22 responsible person if the responsible person had fully carried out
9-23 the duties under Section 26.266 of this code, including:
9-24 (A) reasonable costs of reasonable and necessary
9-25 scientific studies to determine impacts of the spill on the
10-1 environment and natural resources and to determine the manner in
10-2 which to respond to spill impacts;
10-3 (B) costs of attorney services;
10-4 (C) out-of-pocket costs associated with state
10-5 agency action;
10-6 (D) reasonable costs incurred by the state in
10-7 cleanup operations, including costs of personnel, equipment, and
10-8 supplies and land and aquatic resources held in trust or owned by
10-9 the state; and
10-10 (E) costs of remediating injuries proximately
10-11 caused by reasonable cleanup activities.
10-12 (e) The state's right to recover under Subsection (d) of
10-13 this section arises whether or not expenditures have actually been
10-14 made out of the fund.
10-15 (f) It is the intent of the legislature that the state
10-16 attempt to recover the costs of cleanup according to the following
10-17 priority:
10-18 (1) a responsible person; and
10-19 (2) the federal government to the extent that recovery
10-20 from a responsible person is insufficient to pay the costs of
10-21 cleanup.
10-22 (g) In a suit brought under Subsection (d) of this section,
10-23 any responsible person who, after reasonable notice has been given
10-24 by the executive director, has failed, after a reasonable period,
10-25 to carry out his duties under Section 26.266 of this code is liable
11-1 to the state for twice the costs incurred by the state under this
11-2 subchapter in cleaning up the spill or discharge. Reasonable
11-3 notice under this subsection must include a statement as to the
11-4 basis for finding the person to whom notice is sent to be a
11-5 responsible person. Any responsible person held liable under this
11-6 subsection or Subsection (d) of this section has the right to
11-7 recover indemnity or contribution from any third party who caused,
11-8 suffered, allowed, or permitted the spill or discharge. Liability
11-9 arising under this subsection or Subsection (d) of this section
11-10 does not affect any rights the responsible person has against a
11-11 third party whose acts caused or contributed to the spill or
11-12 discharge.
11-13 SECTION 4. The comptroller shall establish the operating
11-14 fund authorized under Section 2 of this Act effective September 1,
11-15 1993.
11-16 SECTION 5. No assessment created under this act, or increase
11-17 in an existing assessment authorized under this act, will be
11-18 collected prior to September 1, 1993.
11-19 SECTION 6. The importance of this legislation and the
11-20 crowded condition of the calendars in both houses create an
11-21 emergency and an imperative public necessity that the
11-22 constitutional rule requiring bills to be read on three several
11-23 days in each house be suspended, and this rule is hereby suspended,
11-24 and that this Act take effect and be in force from and after its
11-25 passage, and it is so enacted.