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.