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.