BLS H.B. 1016 75(R)BILL ANALYSIS


NATURAL RESOURCES
H.B. 1016
By: Puente
2-26-97
Committee Report (Amended)



BACKGROUND 

Water Code  26.046 authorizes the Texas Natural Resource Conservation
Commission ("TNRCC") to impose fees for processing plans subject to review
under the agency's rules for the protection of the Edwards Aquifer and the
inspection of projects in those plans.  The plans for which fees may be
imposed are water pollution abatement plans, plans for sewage collection
systems, and plans for storage facilities of hydrocarbons or hazardous
substances. 

The applicable TNRCC rules, codified in 30 TAC Chapter 213, regulate
activities having the potential for polluting the Edwards Aquifer and
hydrologically connected surface streams.   

Currently, the TNRCC has limited funds for the Edwards Aquifer program.
During annual TNRCC hearings on the Edwards Aquifer, persons concerned
with Aquifer protection commented that compliance could be better
monitored if more funds were available for the Edwards program. Program
fees specifically targeted for the Edwards program would help remedy the
problem of limited funding for Edwards Aquifer pollution prevention. 

PURPOSE

To allow fees collected from the Edwards Aquifer to be increased and to
deposit them in a special account to be used specifically for the TNRCC's
Edwards Aquifer programs. 

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 26.0461(d) Water Code by raising the ceiling
on fees that may be charged from $2,000 to $5,000; and (h) providing that
fees collected for processing submitted plans will be deposited in the
treasury and credited to a special account to be used only for TNRCC's
Edwards Aquifer programs. 

SECTION 2:  Emergency Clause

EXPLANATION OF AMENDMENTS

Committee Amendment #1: Amends proposed subsection (h) of Section 26.0461
of the Water Code, Section 1 of the bill, by removing the language
creating a special account in which fees shall be deposited, and
reinstating the language in existing law that provides for their deposit
in the water quality fund.