BILL ANALYSIS H.B. 1385 By: Saunders (Sims) Natural Resources 05-17-95 Senate 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 (TNRCC) supervises the assessments in each watershed. These water quality assessments are conducted by a river authority or by TNRCC or another local government and reported to TNRCC, the State Soil and Water Conservation Board, river authorities, and other governmental bodies so that necessary actions can be taken to maintain and improve the quality of the state's water resources. PURPOSE As proposed, H.B. 1385 provides for the limitation and termination of annual cost recovery fees for regional water quality assessments. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 26.0135(h), Water Code, as follows: (h) Requires the Texas Natural Resource Conservation Commission (TNRCC) to apportion, assess, and recover the reasonable costs of administering the water quality management programs under this section through the fiscal year ending August 31, 1998, from users of water and wastewater permit holders in the watershed. Provides that irrigation water rights will not be subject to this assessment. Requires the rules to provide for a recovery of not more than $5,000,000 annually through the fiscal year ending August 31, 1998, rather than for fiscal years 1994 and 1995. Authorizes TNRCC to apply not more than 10 percent of the costs recovered annually toward TNRCC's overhead costs for the administration of this section and the implementation of regional water quality assessments. Deletes the provision that costs recovered by TNRCC are appropriated to TNRCC. Requires TNRCC to file a final written report accounting for the costs recovered under this section with the governor, the lieutenant governor, and the speaker of the house of representatives on or before December 31, 1998. Provides that this subsection expires January 1, 1999. SECTION 2. Emergency clause. Effective date: upon passage.