BILL ANALYSIS H.B. 1385 By: Saunders 4-18-95 Committee Report (Unamended) BACKGROUND The Clean Rivers Act was enacted in 1991 to establish a program for comprehensive regional assessments of water quality in each watershed and river basin in the state. The Texas Natural Resource Conservation Commission supervises the assessments in each watershed. These water quality assessments are conducted by a river authority or by the Commission or another local government if no river authority is able to conduct an assessment in a particular watershed. The stated purpose of the Act is "not to mandate exhaustive and detailed water quality studies, but rather to identify significant issues affecting water quality within each watershed and river basin of the state and to provide sufficient information for the commission, the State Soil and Water Conservation Board, river authorities, and other governmental bodies to take appropriate corrective action necessary to maintain and improve the quality of the state's water resources." PURPOSE This amendment would freeze the total fee amount the Commission can recover annually at $5,000,000 through fiscal year 1998, would end the Commission's authority to recover the costs of the assessments thereafter, would limit the Commission's annual administrative and overhead charges against the costs recovered to ten percent annually, and would require the Commission to file a report accounting for the costs recovered under the Act with the Governor, Lieutenant Governor and Speaker of the House on or before December 31, 1998. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds a provision to Section 26.0135(h) of the Water Code to provide that the Texas Natural Resource Conservation Commission's water quality fee assessments may be collected only through the fiscal year ending August 1, 1998. The amendment also adds a provision that prevents TNRCC from applying more than 10% of the costs recovered from water quality fee assessments toward the Commission's overhead costs for administration and implementation of the program. Another provision is added to require TNRCC to file a final written report that accounts for the money recovered under the water quality assessment program. The report must be submitted to the Governor, Lieutenant Governor and Speaker of the House of Representatives in the State of Texas on or before December 31, 1998. Finally, a provision is added to sunset the water quality assessment program on January 1, 1999. SECTION 2. Emergency clause. SUMMARY OF COMMITTEE ACTION H.B.1385 was considered by the committee in a public hearing on April 3, 1995. The following persons testified in favor of the bill: Mr. Frank Sturzl, representing Texas Municipal League; Mr. Ronald Hudson, representing City of Houston; Mr. Wayne Halbert, representing himself and Texas Irrigation Council. The following persons testified against the bill: None (0). The following persons testified on the bill: None (0). The bill was left pending. H.B.1385 was considered by the committee in a public hearing on April 18, 1995. No testimony was received. The bill was reported favorably without amendment, with the recommendation that it do pass and be printed, by a record vote of 6 ayes, 0 nays, 0 pnv, 3 absent.