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.
1-24 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
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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