1-1  By:  Turner                                           S.B. No. 1234
    1-2        (In the Senate - Filed March 12, 1993; March 16, 1993, read
    1-3  first time and referred to Committee on Natural Resources;
    1-4  April 27, 1993, reported favorably by the following vote:  Yeas 7,
    1-5  Nays 0; April 27, 1993, sent to printer.)
    1-6                            COMMITTEE VOTE
    1-7                          Yea     Nay      PNV      Absent 
    1-8        Sims               x                               
    1-9        Truan                                          x   
   1-10        Armbrister                                     x   
   1-11        Barrientos         x                               
   1-12        Bivins             x                               
   1-13        Brown                                          x   
   1-14        Carriker                                       x   
   1-15        Lucio              x                               
   1-16        Montford           x                               
   1-17        Ratliff            x                               
   1-18        Shelley            x                               
   1-19                         A BILL TO BE ENTITLED
   1-20                                AN ACT
   1-21  relating to the consolidation and dedication of funds in the Texas
   1-22  Natural Resource Conservation Commission; appropriating recovered
   1-23  costs.
   1-25                               ARTICLE 1
   1-26        SECTION 1.01.  Subsection (h), Section 26.0135, Water Code,
   1-27  is amended to read as follows:
   1-28        (h)  The commission <Texas Water Commission> shall apportion,
   1-29  assess, and recover the reasonable costs of administering the water
   1-30  quality management programs under this section from all users of
   1-31  water and wastewater permit holders in the watershed according to
   1-32  the records of the commission generally in proportion to their
   1-33  right, through permit or contract, to use water from and discharge
   1-34  wastewater in the watershed.  The cost to river authorities and
   1-35  others to conduct regional water quality assessment shall be
   1-36  subject to prior review and approval by the commission as to
   1-37  methods of allocation and total amount to be recovered.  The
   1-38  commission shall adopt rules to supervise and implement the water
   1-39  quality assessment and associated costs.  The rules shall ensure
   1-40  that water users and wastewater dischargers do not pay excessive
   1-41  amounts, that a river authority may recover no more than the actual
   1-42  costs of administering the water quality management programs called
   1-43  for in this section, and that no municipality shall be assessed
   1-44  cost for any efforts that duplicate water quality management
   1-45  activities described in Section 26.177 of this chapter.  Costs
   1-46  recovered by the commission are to be deposited to the water
   1-47  quality fund and are appropriated to the commission for the
   1-48  administration of this section and the implementation of regional
   1-49  water quality assessments.
   1-50        SECTION 1.02.  Subsection (f), Section 5.235, Water Code, is
   1-51  amended to read as follows:
   1-52        (f)  A person who files a bond issue application with the
   1-53  commission must pay an application fee set by the commission.  The
   1-54  commission by rule may set the application fee in an amount not to
   1-55  exceed $500, plus the cost of required notice.  If the bonds are
   1-56  approved by the commission, the seller shall pay to the commission
   1-57  a percentage of the bond proceeds not later than the seventh
   1-58  business day after receipt of the bond proceeds.  The commission by
   1-59  rule may set the percentage of the proceeds in an amount not to
   1-60  exceed 0.25 percent of the principal amount of the bonds actually
   1-61  issued.  Revenue from these fees and application fees under
   1-62  Subsection (e) of this section shall be deposited in the state
   1-63  treasury and credited to the water utility <quality> fund.
   1-64  Proceeds of the fees shall be used to supplement any other funds
   1-65  available for paying expenses of the commission in supervising the
   1-66  various bond and construction activities of the districts filing
   1-67  the applications.
   1-68        SECTION 1.03.  Subsection (c), Section 26.0291, Water Code
    2-1  (effective until delegation of NPDES permit authority), is amended
    2-2  to read as follows:
    2-3        (c)  The fees collected under this section shall be deposited
    2-4  in a special fund in the state treasury to be known as the water
    2-5  quality <waste treatment facility inspection> fund.  Money in the
    2-6  fund shall be used as follows:
    2-7              (1)  to supplement any other funds available for paying
    2-8  expenses of the commission in inspecting waste treatment
    2-9  facilities;
   2-10              (2)  to pay for the issuance and renewal of
   2-11  certificates of competency under and to administer Section 26.0301
   2-12  of this code; and
   2-13              (3)  to pay for processing plans or amendments to plans
   2-14  and inspecting the construction of projects under those plans
   2-15  pursuant to Section 26.0461 of this code and rules of the
   2-16  commission adopted under Sections 26.046 and 26.0461 of this code.
   2-17        SECTION 1.04.  Subsection (e), Section 26.0301, Water Code,
   2-18  is amended to read as follows:
   2-19        (e)  The commission by rule shall set a fee to be paid by
   2-20  each applicant or licensee on the issuance or renewal of a
   2-21  certificate of competency under this section.  The amount of the
   2-22  fee is determined according to the costs of the commission in
   2-23  administering this section, but may not exceed $25 annually for an
   2-24  individual wastewater treatment plant operator and $500 annually
   2-25  for a person, company, corporation, firm, or partnership that is in
   2-26  the business as a wastewater treatment facility operations company.
   2-27  The commission shall deposit any fees collected under this
   2-28  subsection in the state treasury to the credit of the water quality
   2-29  <waste treatment facility inspection> fund.
   2-30        SECTION 1.05.  Subsection (h), Section 26.0461, Water Code,
   2-31  is amended to read as follows:
   2-32        (h)  A fee collected under this section shall be deposited in
   2-33  the State Treasury to the credit of the water quality <waste
   2-34  treatment facility inspection> fund.
   2-35        SECTION 1.06.  Sections 370.007 and 370.008, Health and
   2-36  Safety Code, are amended to read as follows:
   2-37        Sec. 370.007.  Toxic Chemical Release Reporting FUNDS <FUND>.
   2-38  (a)  Toxic <The toxic> chemical release reporting funds <fund>
   2-39  consists of money collected by the commission from:
   2-40              (1)  fees imposed on owners and operators of facilities
   2-41  required to submit a toxic chemical release form; and
   2-42              (2)  penalties imposed under this chapter.
   2-43        (b)  The commission may use the money collected under this
   2-44  chapter <and deposited in the fund> to pay for:
   2-45              (1)  costs incurred by the commission in implementing
   2-46  this chapter; and
   2-47              (2)  other commission activities necessary to implement
   2-48  the Emergency Planning and Community Right-to-Know Act of 1986 (42
   2-49  U.S.C. Section 11001 et seq.).
   2-50        Sec. 370.008.  Disposition of <TOXIC CHEMICAL RELEASE FORM
   2-51  REPORTING> Fees.  (a)  The owner or operator of a facility required
   2-52  to submit a toxic chemical release form under this chapter shall
   2-53  pay, at the time of the submission, a fee of $25 for each toxic
   2-54  chemical release form submitted.
   2-55        (b)  The maximum fee for a facility may not exceed $250.
   2-56        (c)  The commission by rule may increase or decrease the
   2-57  toxic chemical release form reporting fee as necessary.
   2-58        (d)  Fees collected under this section shall be deposited in
   2-59  the state treasury to the credit of the hazardous and solid waste
   2-60  fee <toxic chemical release reporting> fund.
   2-61                               ARTICLE 2
   2-62        SECTION 2.01.  The following funds and accounts and revenues
   2-63  authorized to be deposited to these funds and accounts are exempt
   2-64  from the provisions of Subsection (h), Section 403.094, Government
   2-65  Code.  Except as amended by this Act, these funds and accounts are
   2-66  dedicated to the purposes for which they were established under the
   2-67  applicable provisions of law.  The comptroller may, with the
   2-68  concurrence of the state treasurer, establish any of the following
   2-69  funds as dedicated accounts in the general revenue fund, provided
   2-70  that such accounts maintain any attributes authorized under
    3-1  provisions of law:
    3-2        (1)  the solid waste disposal fee fund authorized under
    3-3  Sections 361.013 and 361.014, Health and Safety Code;
    3-4        (2)  the waste tire recycling fund authorized under Sections
    3-5  361.474 and 361.475, Health and Safety Code;
    3-6        (3)  the water well drillers fund authorized under Sections
    3-7  32.014 and 33.012, Water Code;
    3-8        (4)  the used oil recycling fund authorized under Section
    3-9  371.061, Health and Safety Code;
   3-10        (5)  the clean air fund authorized under Section 382.0622,
   3-11  Health and Safety Code;
   3-12        (6)  the water quality fund authorized under Subsection (f),
   3-13  Section 5.235, Water Code, and Sections 26.0291, 26.0301, and
   3-14  26.0461, Water Code, as amended by this Act;
   3-15        (7)  the water rights administration fund authorized under
   3-16  Section 12.113, Water Code;
   3-17        (8)  the water utility fund authorized under Section 5.235,
   3-18  Water Code;
   3-19        (9)  the spill response fund authorized under Section 26.265,
   3-20  Water Code;
   3-21        (10)  the Texas irrigators fund authorized under Section
   3-22  34.005, Water Code;
   3-23        (11)  the hazardous and solid waste fees fund authorized
   3-24  under Sections 361.132 and 370.008, Health and Safety Code, as
   3-25  amended by this Act;
   3-26        (12)  the hazardous and solid waste remediation fee fund
   3-27  authorized under Section 361.133, Health and Safety Code;
   3-28        (13)  the storage tank fund authorized under Section 26.358,
   3-29  Water Code, and Section 8, Chapter 244, Acts of the 71st
   3-30  Legislature, Regular Session, 1989 (Article 8900, Vernon's Texas
   3-31  Civil Statutes); and
   3-32        (14)  the petroleum storage tank remediation fund authorized
   3-33  under Section 26.3573, Water Code.
   3-34        SECTION 2.02.  The funds and accounts described in Section
   3-35  2.01 of this Act are further exempt from any provision of
   3-36  Subsection (b), Section 403.095, Government Code, that would
   3-37  authorize the expenditure or transfer of dedicated revenues
   3-38  inconsistent with Section 2.01 of this Act.  Nothing in this
   3-39  section shall otherwise limit the authority of the legislature to
   3-40  appropriate funds from any fund or account.
   3-41                               ARTICLE 3
   3-42        SECTION 3.01.  The waste treatment facility inspection fund
   3-43  and the toxic chemical release reporting fund are abolished
   3-44  effective September 1, 1993.
   3-45        SECTION 3.02.  The importance of this legislation and the
   3-46  crowded condition of the calendars in both houses create an
   3-47  emergency and an imperative public necessity that the
   3-48  constitutional rule requiring bills to be read on three several
   3-49  days in each house be suspended, and this rule is hereby suspended,
   3-50  and that this Act take effect and be in force from and after its
   3-51  passage, and it is so enacted.
   3-52                               * * * * *
   3-53                                                         Austin,
   3-54  Texas
   3-55                                                         April 27, 1993
   3-56  Hon. Bob Bullock
   3-57  President of the Senate
   3-58  Sir:
   3-59  We, your Committee on Natural Resources to which was referred S.B.
   3-60  No. 1234, have had the same under consideration, and I am
   3-61  instructed to report it back to the Senate with the recommendation
   3-62  that it do pass and be printed.
   3-63                                                         Sims,
   3-64  Chairman
   3-65                               * * * * *
   3-66                               WITNESSES
   3-67                                                  FOR   AGAINST  ON
   3-68  ___________________________________________________________________
   3-69  Name:  William S. Minick                                       x
   3-70  Representing:  TX Water Commission
    4-1  City:  Austin
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    4-3  Name:  Catherine Perrine                         x
    4-4  Representing:  League of Women Voters
    4-5  City:  Dallas
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