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.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 ARTICLE 1
1-5 SECTION 1.01. Subsection (h), Section 26.0135, Water Code,
1-6 is amended to read as follows:
1-7 (h) The commission <Texas Water Commission> shall apportion,
1-8 assess, and recover the reasonable costs of administering the water
1-9 quality management programs under this section from all users of
1-10 water and wastewater permit holders in the watershed according to
1-11 the records of the commission generally in proportion to their
1-12 right, through permit or contract, to use water from and discharge
1-13 wastewater in the watershed. The costs to river authorities and
1-14 others to conduct regional water quality assessment shall be
1-15 subject to prior review and approval by the commission as to
1-16 methods of allocation and total amount to be recovered. The
1-17 commission shall adopt rules to supervise and implement the water
1-18 quality assessment and associated costs. The rules shall ensure
1-19 that water users and wastewater dischargers do not pay excessive
1-20 amounts, that a river authority may recover no more than the actual
1-21 costs of administering the water quality management programs called
1-22 for in this section, and that no municipality shall be assessed
1-23 costs for any efforts that duplicate water quality management
2-1 activities described in Section 26.177 of this chapter. Costs
2-2 recovered by the commission are to be deposited to the water
2-3 quality fund and are appropriated to the commission for the
2-4 administration of this section and the implementation of regional
2-5 water quality assessments.
2-6 SECTION 1.02. Subsection (f), Section 5.235, Water Code, is
2-7 amended to read as follows:
2-8 (f) A person who files a bond issue application with the
2-9 commission must pay an application fee set by the commission. The
2-10 commission by rule may set the application fee in an amount not to
2-11 exceed $500, plus the cost of required notice. If the bonds are
2-12 approved by the commission, the seller shall pay to the commission
2-13 a percentage of the bond proceeds not later than the seventh
2-14 business day after receipt of the bond proceeds. The commission by
2-15 rule may set the percentage of the proceeds in an amount not to
2-16 exceed 0.25 percent of the principal amount of the bonds actually
2-17 issued. Revenue from these fees and application fees under
2-18 subsection (e) of this section shall be deposited in the state
2-19 treasury and credited to the water utility <quality> fund.
2-20 Proceeds of the fees shall be used to supplement any other funds
2-21 available for paying expenses of the commission in supervising the
2-22 various bond and construction activities of the districts filing
2-23 the applications.
2-24 SECTION 1.03. Subsection (c), Section 26.0291, Water Code,
2-25 is amended to read as follows:
3-1 (c) The fees collected under this section shall be deposited
3-2 in a special fund in the state treasury to be known as the water
3-3 quality <waste treatment facility inspection fee> fund. Money in
3-4 the fund shall be used as follows:
3-5 (1) to supplement any other funds available for paying
3-6 expenses of the commission in inspecting waste treatment
3-7 facilities;
3-8 (2) to pay for the issuance and renewal of
3-9 certificates of competency under and to administer Section 26.0301
3-10 of this code; and
3-11 (3) to pay for processing plans or amendments to plans
3-12 and inspecting the construction of projects under those plans
3-13 pursuant to Section 26.0461 of this code and rules of the
3-14 commission adopted under Sections 26.046 and 26.0461 of this code.
3-15 SECTION 1.04. Subsection (e), Section 26.0301, Water Code,
3-16 is amended to read as follows:
3-17 (e) The commission by rule shall set a fee to be paid by
3-18 each applicant or licensee on the issuance or renewal of a
3-19 certificate of competency under this section. The amount of the
3-20 fee is determined according to the costs of the commission in
3-21 administering this section, but may not exceed $25 annually for an
3-22 individual wastewater treatment plant operator and $500 annually
3-23 for a wastewater treatment facility operations company. The
3-24 commission shall deposit any fees collected under this subsection
3-25 in the state treasury to the credit of the water quality <waste
4-1 treatment facility inspection> fund.
4-2 SECTION 1.05. Subsection (h), Section 26.0461, Water Code,
4-3 is amended to read as follows:
4-4 (h) A fee collected under this section shall be deposited in
4-5 the State Treasury to the credit of the water quality <waste
4-6 treatment facility inspection> fund.
4-7 SECTION 1.06. Sections 370.007-370.008, Health and Safety
4-8 Code, are amended to read as follows:
4-9 Sec. 370.007. Toxic Chemical Release Reporting Funds.
4-10 <Fund>. (a) Toxic <The toxic> chemical release reporting funds
4-11 <fund> consists of money collected by the commission from:
4-12 (1) fees imposed on owners and operators of facilities
4-13 required to submit a toxic chemical release form; and
4-14 (2) penalties imposed under this chapter.
4-15 (b) The commission may use the money collected under this
4-16 chapter <and deposited to the fund> to pay for:
4-17 (1) costs incurred by the commission in implementing
4-18 this chapter; and
4-19 (2) other commission activities necessary to implement
4-20 the Emergency Planning and Community Right-to-Know Act of 1986 (42
4-21 U.S.C. Section 11001 et seq.).
4-22 Sec. 370.008. Disposition of <Toxic Chemical Release
4-23 Reporting> Fees. (a) The owner or operator of a facility required
4-24 to submit a toxic chemical release form under this chapter shall
4-25 pay, at the time of the submission, a fee of $25 for each toxic
5-1 chemical release form submitted.
5-2 (b) The maximum fee for a facility may not exceed $250.
5-3 (c) The commission by rule may increase or decrease the
5-4 toxic chemical release form reporting fee as necessary.
5-5 (d) Fees collected under this section shall be deposited in
5-6 the state treasury to the credit of the hazardous and solid waste
5-7 fee <toxic chemical release reporting> fund.
5-8 ARTICLE 2
5-9 SECTION 2.01. The following funds and accounts, and revenues
5-10 authorized to be deposited to these funds and accounts, are exempt
5-11 from the provisions of Subsection (h), Section 403.094, Government
5-12 Code. Except as amended by this Act, these funds and accounts are
5-13 dedicated to the purposes for which they were established under the
5-14 applicable provisions of law. The comptroller may, with the
5-15 concurrence of the treasurer, establish any of the following funds
5-16 as dedicated accounts in the general revenue fund, provided that
5-17 such accounts maintain any attributes authorized under provisions
5-18 of law.
5-19 (1) solid waste disposal fee fund authorized under Sections
5-20 361.013-014, Health and Safety Code;
5-21 (2) waste tire recycling fund authorized under Sections
5-22 361.474-.475, Health and Safety Code;
5-23 (3) water well drillers fund authorized under Sections
5-24 32.014 and 33.012, Water Code;
5-25 (4) used oil recycling fund authorized under Section
6-1 371.061, Health and Safety Code;
6-2 (5) clean air fund authorized under Section 382.0622, Health
6-3 and Safety Code;
6-4 (6) water quality fund authorized under Section 5.235(f),
6-5 Water Code and Sections 26.0291, 26.0301 and 26.0461, Water Code,
6-6 as amended by this Act;
6-7 (7) water rights administration fund authorized under
6-8 Section 12.113, Water Code;
6-9 (8) water utility fund authorized under Section 5.235, Water
6-10 Code;
6-11 (9) spill response fund authorized under Section 26.265,
6-12 Water Code;
6-13 (10) Texas irrigators fund authorized under Section 34.005,
6-14 Water Code;
6-15 (11) hazardous and solid waste fees fund authorized under
6-16 Sections 361.132 and 370.008, Health and Safety Code, as amended by
6-17 this Act;
6-18 (12) hazardous and solid waste remediation fee fund
6-19 authorized under Section 361.133, Health and Safety Code;
6-20 (13) storage tank fund authorized under Section 26.358,
6-21 Water Code and Section 8, Article 8900, V.A.C.S.; and
6-22 (14) petroleum storage tank remediation fund authorized
6-23 under Section 26.3573, Water Code.
6-24 SECTION 2.02. The funds and accounts described in Section
6-25 2.01 of this Act are further exempt from any provision of
7-1 Subsection (b), Section 403.095, Government Code that would
7-2 authorize the expenditure or transfer of dedicated revenues
7-3 inconsistent with this Section 2.01 of this Act. Nothing in this
7-4 section shall otherwise limit the authority of the legislature to
7-5 appropriate funds from any fund or account.
7-6 ARTICLE 3
7-7 SECTION 3.01. The waste treatment facility inspection fund
7-8 and the toxic chemical release reporting fund are abolished
7-9 effective September 1, 1993.
7-10 SECTION 3.02. The importance of this legislation and the
7-11 crowded condition of the calendars in both houses create an
7-12 emergency and an imperative public necessity that the
7-13 constitutional rule requiring bills to be read on three several
7-14 days in each house be suspended, and this rule is hereby suspended,
7-15 and that this Act take effect and be in force from and after its
7-16 passage, and it is so enacted.