Senate Research Center   S.B. 1025
77R8644 TBy: Lindsay
Natural Resources
As Filed


Under current statutory authority, the Texas Natural Resource Conservation
Commission (TNRCC) collects separate fees for wastewater  treatment
inspection and Water Quality/Clean Rivers. Revenue from the current
individual fee can only be used for specific purposes. As proposed, S.B.
1025 amends the Texas Water Code to consolidate the Waste Treatment
Inspection fee and the Water Quality/Clean Rivers fee into a single Water
Quality fee and expand the use of the revenues from that fee. 


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


SECTION 1. Amends Section 26.0291, Water Code (effective upon delegation of
NPDES permit authority), amending Subsections (a)-(b), to provide that an
annual water quality fee is imposed on each wastewater discharge permit
holder for each wastewater discharge permit held, and each user of water in
proportion to the user's water right, through permit or contract, as
reflected in the commission's records. Requires irrigation water rights to
not be subject to this fee. Provides that the fee is to supplement any
other funds available to pay expenses of the Texas Natural Resource
Conservation Commission (commission) related to certain criteria, including
the water quality management programs under Section 26.0135 of this Code,
any expenses to administer the national pollutant discharge elimination
system (NPDES) program, and any other program reasonably related to the
activities of the fee payers under this section. Provides that the fee for
each year is imposed on each permit or water right in effect during any
part of the year. Authorizes the commission to establish reduced fees for
inactive permits. Prohibits the amount of the fee from exceeding $75,000,
rather than $25,000, for each permit or contract. Authorizes the
commission, in determining the amount of a fee under this section, to
consider certain factors. Deletes text regarding waste water inspection.
Deletes text regarding "permittee." Deletes text regarding federal
government delegation. Deletes text regarding "waste discharge." Deletes
text regarding the commission adopting any rule. 

SECTION 2. Amends Section 26.0135, Water Code, by amending Subsection (h)
and repealing Subsection (j), to delete text regarding the commission
apportioning, assessing, and recovering reasonable costs. Deletes text
regarding the rules ensuring that water users and wastewater discharges do
not pay excessive amounts. Deletes text regarding recovering the costs of
water quality management programs. 

SECTION 3. Effective date: September 1, 2001.

SECTION 4. Makes application of this Act prospective.