S.B. No. 1234
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.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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
5-25 Sections 361.474 and 361.475, Health and Safety Code;
6-1 (3) the water well drillers fund authorized under
6-2 Sections 32.014 and 33.012, Water Code;
6-3 (4) the used oil recycling fund authorized under
6-4 Section 371.061, Health and Safety Code;
6-5 (5) the clean air fund authorized under Section
6-6 382.0622, Health and Safety Code;
6-7 (6) the water quality fund authorized under Subsection
6-8 (f), 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
6-11 under Section 12.113, Water Code;
6-12 (8) the water utility fund authorized under Section
6-13 5.235, Water Code;
6-14 (9) the spill response fund authorized under Section
6-15 26.265, Water Code;
6-16 (10) the Texas irrigators fund authorized under
6-17 Section 34.005, Water Code;
6-18 (11) the hazardous and solid waste fees fund
6-19 authorized under Sections 361.132 and 370.008, Health and Safety
6-20 Code, as amended by this Act;
6-21 (12) the hazardous and solid waste remediation fee
6-22 fund authorized under Section 361.133, Health and Safety Code;
6-23 (13) the storage tank fund authorized under Section
6-24 26.358, 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
7-3 authorized 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.