Amend Floor Amendment No. 1 to CSHB 801 by adding a new
SECTION to the bill, appropriately numbered, to read as follows:
      SECTION ____. Section 26.0135(h), Water Code, is amended to
read as follows:
      (h)  The commission shall apportion, assess, and recover the
reasonable costs of administering the water quality management
programs under this section from users of water and wastewater
permit holders in the watershed according to the records of the
commission generally in proportion to their right, through permit
or contract, to use water from and discharge wastewater in the
watershed.  Irrigation water rights and hydroelectric rights of
facilities of less than five megawatts will not be subject to this
assessment.  The cost to river authorities and others to conduct
water quality monitoring and assessment shall be subject to prior
review and approval by the commission as to methods of allocation
and total amount to be recovered.  The commission shall adopt rules
to supervise and implement the water quality monitoring,
assessment, and associated costs.  The rules shall ensure that
water users and wastewater dischargers do not pay excessive
amounts, that program funds are equitably apportioned among basins,
that a river authority may recover no more than the actual costs of
administering the water quality management programs called for in
this section, and that no municipality shall be assessed cost for
any efforts that duplicate water quality management activities
described in Section 26.177 of this chapter.  The rules concerning
the apportionment and assessment of reasonable costs shall provide
for a recovery of not more than $5,000,000 annually.  Costs
recovered by the commission are to be deposited to the credit of
the water resource management account and may be used only to
accomplish the purposes of this section.  The commission may apply
not more than 10 percent of the costs recovered annually toward the
commission's overhead costs for the administration of this section
and the implementation of regional water quality assessments.  The
commission, with the assistance and input of each river authority,
shall file a written report accounting for the costs recovered
under this section with the governor, the lieutenant governor, and
the speaker of the house of representatives on or before December 1
of each even-numbered year.