By:  Turner                                           S.B. No. 1234
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the consolidation and dedication of funds in the Texas
    1-2  Natural Resource Conservation Commission; appropriating recovered
    1-3  costs.
    1-5                               ARTICLE 1
    1-6        SECTION 1.01.  Subsection (h), Section 26.0135, Water Code,
    1-7  is amended to read as follows:
    1-8        (h)  The commission <Texas Water Commission> shall apportion,
    1-9  assess, and recover the reasonable costs of administering the water
   1-10  quality management programs under this section from all users of
   1-11  water and wastewater permit holders in the watershed according to
   1-12  the records of the commission generally in proportion to their
   1-13  right, through permit or contract, to use water from and discharge
   1-14  wastewater in the watershed.  The cost to river authorities and
   1-15  others to conduct regional water quality assessment shall be
   1-16  subject to prior review and approval by the commission as to
   1-17  methods of allocation and total amount to be recovered.  The
   1-18  commission shall adopt rules to supervise and implement the water
   1-19  quality assessment and associated costs.  The rules shall ensure
   1-20  that water users and wastewater dischargers do not pay excessive
   1-21  amounts, that a river authority may recover no more than the actual
   1-22  costs of administering the water quality management programs called
   1-23  for in this section, and that no municipality shall be assessed
    2-1  cost for any efforts that duplicate water quality management
    2-2  activities described in Section 26.177 of this chapter.  Costs
    2-3  recovered by the commission are to be deposited to the water
    2-4  quality fund and are appropriated to the commission for the
    2-5  administration of this section and the implementation of regional
    2-6  water quality assessments.
    2-7        SECTION 1.02.  Subsection (f), Section 5.235, Water Code, is
    2-8  amended to read as follows:
    2-9        (f)  A person who files a bond issue application with the
   2-10  commission must pay an application fee set by the commission.  The
   2-11  commission by rule may set the application fee in an amount not to
   2-12  exceed $500, plus the cost of required notice.  If the bonds are
   2-13  approved by the commission, the seller shall pay to the commission
   2-14  a percentage of the bond proceeds not later than the seventh
   2-15  business day after receipt of the bond proceeds.  The commission by
   2-16  rule may set the percentage of the proceeds in an amount not to
   2-17  exceed 0.25 percent of the principal amount of the bonds actually
   2-18  issued.  Revenue from these fees and application fees under
   2-19  Subsection (e) of this section shall be deposited in the state
   2-20  treasury and credited to the water utility <quality> fund.
   2-21  Proceeds of the fees shall be used to supplement any other funds
   2-22  available for paying expenses of the commission in supervising the
   2-23  various bond and construction activities of the districts filing
   2-24  the applications.
   2-25        SECTION 1.03.  Subsection (c), Section 26.0291, Water Code
    3-1  (effective until delegation of NPDES permit authority), is amended
    3-2  to read as follows:
    3-3        (c)  The fees collected under this section shall be deposited
    3-4  in a special fund in the state treasury to be known as the water
    3-5  quality <waste treatment facility inspection> fund.  Money in the
    3-6  fund shall be used as follows:
    3-7              (1)  to supplement any other funds available for paying
    3-8  expenses of the commission in inspecting waste treatment
    3-9  facilities;
   3-10              (2)  to pay for the issuance and renewal of
   3-11  certificates of competency under and to administer Section 26.0301
   3-12  of this code; and
   3-13              (3)  to pay for processing plans or amendments to plans
   3-14  and inspecting the construction of projects under those plans
   3-15  pursuant to Section 26.0461 of this code and rules of the
   3-16  commission adopted under Sections 26.046 and 26.0461 of this code.
   3-17        SECTION 1.04.  Subsection (e), Section 26.0301, Water Code,
   3-18  is amended to read as follows:
   3-19        (e)  The commission by rule shall set a fee to be paid by
   3-20  each applicant or licensee on the issuance or renewal of a
   3-21  certificate of competency under this section.  The amount of the
   3-22  fee is determined according to the costs of the commission in
   3-23  administering this section, but may not exceed $25 annually for an
   3-24  individual wastewater treatment plant operator and $500 annually
   3-25  for a person, company, corporation, firm, or partnership that is in
    4-1  the business as a wastewater treatment facility operations company.
    4-2  The commission shall deposit any fees collected under this
    4-3  subsection in the state treasury to the credit of the water quality
    4-4  <waste treatment facility inspection> fund.
    4-5        SECTION 1.05.  Subsection (h), Section 26.0461, Water Code,
    4-6  is amended to read as follows:
    4-7        (h)  A fee collected under this section shall be deposited in
    4-8  the State Treasury to the credit of the water quality <waste
    4-9  treatment facility inspection> fund.
   4-10        SECTION 1.06.  Sections 370.007 and 370.008, Health and
   4-11  Safety Code, are amended to read as follows:
   4-12        Sec. 370.007.  Toxic Chemical Release Reporting FUNDS <FUND>.
   4-13  (a)  Toxic <The toxic> chemical release reporting funds <fund>
   4-14  consists of money collected by the commission from:
   4-15              (1)  fees imposed on owners and operators of facilities
   4-16  required to submit a toxic chemical release form; and
   4-17              (2)  penalties imposed under this chapter.
   4-18        (b)  The commission may use the money collected under this
   4-19  chapter <and deposited in the fund> to pay for:
   4-20              (1)  costs incurred by the commission in implementing
   4-21  this chapter; and
   4-22              (2)  other commission activities necessary to implement
   4-23  the Emergency Planning and Community Right-to-Know Act of 1986 (42
   4-24  U.S.C. Section 11001 et seq.).
   4-25        Sec. 370.008.  Disposition of <TOXIC CHEMICAL RELEASE FORM
    5-1  REPORTING> Fees.  (a)  The owner or operator of a facility required
    5-2  to submit a toxic chemical release form under this chapter shall
    5-3  pay, at the time of the submission, a fee of $25 for each toxic
    5-4  chemical release form submitted.
    5-5        (b)  The maximum fee for a facility may not exceed $250.
    5-6        (c)  The commission by rule may increase or decrease the
    5-7  toxic chemical release form reporting fee as necessary.
    5-8        (d)  Fees collected under this section shall be deposited in
    5-9  the state treasury to the credit of the hazardous and solid waste
   5-10  fee <toxic chemical release reporting> fund.
   5-11                               ARTICLE 2
   5-12        SECTION 2.01.  The following funds and accounts and revenues
   5-13  authorized to be deposited to these funds and accounts are exempt
   5-14  from the provisions of Subsection (h), Section 403.094, Government
   5-15  Code.  Except as amended by this Act, these funds and accounts are
   5-16  dedicated to the purposes for which they were established under the
   5-17  applicable provisions of law.  The comptroller may, with the
   5-18  concurrence of the state treasurer, establish any of the following
   5-19  funds as dedicated accounts in the general revenue fund, provided
   5-20  that such accounts maintain any attributes authorized under
   5-21  provisions of law:
   5-22        (1)  the solid waste disposal fee fund authorized under
   5-23  Sections 361.013 and 361.014, Health and Safety Code;
   5-24        (2)  the waste tire recycling fund authorized under Sections
   5-25  361.474 and 361.475, Health and Safety Code;
    6-1        (3)  the water well drillers fund authorized under Sections
    6-2  32.014 and 33.012, Water Code;
    6-3        (4)  the used oil recycling fund authorized under Section
    6-4  371.061, Health and Safety Code;
    6-5        (5)  the clean air fund authorized under Section 382.0622,
    6-6  Health and Safety Code;
    6-7        (6)  the water quality fund authorized under Subsection (f),
    6-8  Section 5.235, Water Code, and Sections 26.0291, 26.0301, and
    6-9  26.0461, Water Code, as amended by this Act;
   6-10        (7)  the water rights administration fund authorized under
   6-11  Section 12.113, Water Code;
   6-12        (8)  the water utility fund authorized under Section 5.235,
   6-13  Water Code;
   6-14        (9)  the spill response fund authorized under Section 26.265,
   6-15  Water Code;
   6-16        (10)  the Texas irrigators fund authorized under Section
   6-17  34.005, Water Code;
   6-18        (11)  the hazardous and solid waste fees fund authorized
   6-19  under Sections 361.132 and 370.008, Health and Safety Code, as
   6-20  amended by this Act;
   6-21        (12)  the hazardous and solid waste remediation fee fund
   6-22  authorized under Section 361.133, Health and Safety Code;
   6-23        (13)  the storage tank fund authorized under Section 26.358,
   6-24  Water Code, and Section 8, Chapter 244, Acts of the 71st
   6-25  Legislature, Regular Session, 1989 (Article 8900, Vernon's Texas
    7-1  Civil Statutes); and
    7-2        (14)  the petroleum storage tank remediation fund authorized
    7-3  under Section 26.3573, Water Code.
    7-4        SECTION 2.02.  The funds and accounts described in Section
    7-5  2.01 of this Act are further exempt from any provision of
    7-6  Subsection (b), Section 403.095, Government Code, that would
    7-7  authorize the expenditure or transfer of dedicated revenues
    7-8  inconsistent with Section 2.01 of this Act.  Nothing in this
    7-9  section shall otherwise limit the authority of the legislature to
   7-10  appropriate funds from any fund or account.
   7-11                               ARTICLE 3
   7-12        SECTION 3.01.  The waste treatment facility inspection fund
   7-13  and the toxic chemical release reporting fund are abolished
   7-14  effective September 1, 1993.
   7-15        SECTION 3.02.  The importance of this legislation and the
   7-16  crowded condition of the calendars in both houses create an
   7-17  emergency and an imperative public necessity that the
   7-18  constitutional rule requiring bills to be read on three several
   7-19  days in each house be suspended, and this rule is hereby suspended,
   7-20  and that this Act take effect and be in force from and after its
   7-21  passage, and it is so enacted.