BILL ANALYSIS



S.B. 942
By: Sims / Brown (Patterson)
5-3-95
Committee Report (Unamended)


BACKGROUND
The primary purpose of the On-Site Wastewater Treatment Research
Council (the council) is to award grants to appropriate entities
which support research and demonstration projects designed to
improve the quality of wastewater treatment and reduce the cost of
providing such treatment to consumers, and to enhance technology
transfer and provide educational programs regarding on-site
wastewater treatment.  The council was not created with the intent
that it be an advisory body to the Texas Natural Resource
Conservation Commission (the commission) responsible for drafting
state regulations.  Rather, it was intended to be an independent
council able to enter into contracts on its own behalf.  These
points, however, are not clear in the current statutory language.

PURPOSE
To clarify the purpose, powers, and functions of the On-Site
Wastewater Treatment Research Council.

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. Amends Sections 367.001(1) and (2), Health and Safety
Code, to define "commission," instead of "department," as the Texas
Natural Resource Conservation Commission.

SECTION 2. Amends Section 367.007, Health and Safety Code, by
amending Subsections (a)-(c) and adding Subsection (e), as follows:

     (a) Provides that the council is not an advisory body to the
     commission.  Makes conforming changes.
     
     (b) Makes conforming changes.
     
     (c) Makes a nonsubstantive change.
     
     (e) Authorizes the council to award grants and enter into
     contracts in its own name and on its own behalf.
     
     SECTION 3.     Amends Section 367.010, Health and Safety Code, as
follows:

     Sec. 367.010.  FEES.  (a) Requires the commission and certain
     other entities to collect a $10 fee for each on-site
     wastewater treatment permit application processed, instead of
     issued.
            (b) Requires a county, municipality, public health
       department, or river authority that collects a fee to
       forward the fee to the commission.  Deletes the time frame
       for forwarding the fee.
       
       (c) Requires, instead of authorizes, the commission to
       enforce the collection and forwarding of the fee.
       
       (d) Makes a nonsubstantive change.
       
       SECTION 4.   Amends Chapter 367, Health and Safety Code, by adding
Section 367.011, as follows:

     Sec. 367.011.  ON-SITE WASTEWATER TREATMENT RESEARCH
     ACCOUNT.  Provides that the on-site wastewater treatment
     research account is an account in the general revenue
     fund.

SECTION 5. Provides that the on-site wastewater treatment research
account is re-created as an account to be used for the purposes
designated in Chapter 367, Health and Safety Code.

SECTION 6. Emergency clause.
           Effective date: upon passage.


SUMMARY OF COMMITTEE ACTION
S.B.942 was considered by the committee in a formal meeting on May
3, 1995.
No testimony was received.
The bill was reported favorably without amendment, with the
recommendation that it do pass and be printed and be sent to the
Committee on Local and Consent Calendars, by a record vote of 8
ayes, 0 nays, 0 pnv, 1 absent.