BILL ANALYSIS


                                                         S.B. 942
                                                         By: Sims
                                                Natural Resources
                                                         04-13-95
                                     Committee Report (Unamended)
BACKGROUND

The primary purpose of the On-Site Wastewater Treatment Research
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.

Under current law, the council is funded by fees collected by the
Texas Natural Resource Conservation Commission that are deposited
in the general revenue fund to the credit of the council's separate
account.  Consistently, however, the council has been appropriated
only a portion of the funds in the account.

PURPOSE

As proposed, S.B. 942 requires the legislature to appropriate all
of the money deposited in the On-Site Wastewater Treatment Research
Account to the On-Site Wastewater Treatment Research Council each
biennium.

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 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 On-Site Wastewater Treatment Research
     Council (council) is not an advisory body to the Texas Natural
     Resource Conservation Commission (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.  Requires
     the legislature to appropriate all of the money in the account
     to the council each biennium, and authorizes the money to be
     used only for the purposes of this chapter.  Provides that
     Sections 403.094 and 403.095, Government Code, do not apply to
     the account.
     
     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.