SRC-JRN S.B. 1340 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1340
By: Brown
Natural Resources
4-15-97
As Filed


DIGEST 

Currently, Texas law allows wastewater inspection fees to be increased to
fund the federal wastewater permit program contingent on federal
delegation of the program and provides that entities holding wastewater
permits are required to pay two annual fees.  Under the current program,
assessed fees may not be enough to cover the cost of the wastewater permit
program.  This bill allows the Texas Natural Resource Conservation
Commission to increase certain fees in order to fund the wastewater permit
program. 

PURPOSE

As proposed, S.B. 1340 allows the Texas Natural Resource Conservation
Commission to increase certain fees in order to fund the wastewater permit
program. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Sections 26.0291(a)-(c), Water Code, effective until
delegation of the National Pollutant Discharge Elimination System permit
authority (NPDES), to provide that the fee imposed on each permittee for
each waste discharge permit held by the permittee is to supplement the
other funds for the enforcement of the rules of the Texas Natural Resource
Conservation Commission (commission), governing waste discharge, waste
treatment facilities, and the quality of the water resources of the state.
Prohibits a fee amount from exceeding $25,000, rather than $11,000, before
September 1, 1998.  Prohibits a fee amount from exceeding $65,000 for each
waste discharge permit held by a permittee, effective September 1, 1998.
Requires fees collected to be deposited in a special fund to be used to
supplement any other funds available for paying expenses of the commission
in carrying out water quality programs authorized under this chapter and
inspecting waste treatment facilities.  Requires funds to be used to pay
for the regional assessment of water quality in the state's watersheds and
river basins and the implementation of regional water quality management
functions under Sections 26.0135 and 26.0136, effective September 1, 1998. 

SECTION 2. Amends Sections 26.0291(a)-(c), Water Code, effective upon
delegation of NPDES, to require the commission to adopt a fee not to
exceed $40,000, rather than $25,000, for each waste discharge permit held
by a permittee, before September 1, 1998.  Prohibits the amount of the fee
from exceeding $80,000 for each waste discharge permit held by a
permittee, effective September 1, 1998.   Prohibits the commission from
adopting any rule designed to increase the fee imposed under this section
on a treatment works owned by a local government, for the purpose of
paying the additional expenses necessary to obtain and administer the
NPDES program, before August 31, 2001, rather than 1999.  Makes conforming
changes. 

SECTION 3. Amends Section 341.041, Health and Safety Code, as follows:

Sec. 341.041. FEES.  Authorizes the commission to charge a fee to
supplement other money available to pay the commission's expenses for
certain oversight matters and water resource management programs.
Prohibits the amount of the fees from exceeding the reasonable costs of
administering the programs and services authorized in this section, rather
than this  subchapter, or the federal Safe Drinking Water Act. 

SECTION 4. Emergency clause.
  Effective date: upon passage.