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.