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.