SRC-SEW S.B. 1027 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 1027
77R8645 TBy: Lindsay
Natural Resources
3/21/2001
As Filed


DIGEST AND PURPOSE 

Water fees are currently collected by the Texas Natural Resource
Conservation Commission (TNRCC) solely from water districts, water supply
corporations, investor-owned utilities, and other similar entities.  The
revenues from all of these water-related fees are deposited in the Water
Resource Management Account.  As proposed, S.B. 1027 provides TNRCC with
the ability to assess fees more equitably and maximize the effective use of
fee revenues by expanding the use of select water fees deposited to the
Water Resource Management Account.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Natural Resource
Conservation Commission in SECTION 1, Section 5.235, Water Code, SECTION 2,
Section 341.041, Health and Safety Code, and SECTION 3, Section 366.058,
Health and Safety Code, of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 5.235, Water Code, by amending Subsection (e)
and adding Subsections (p) and (q), as follows: 

(e) Authorizes the Texas Natural Resource Conservation Commission
(commission) by rule to set the application fee in an amount to recover the
costs of reviewing and processing certain applications, plus the cost of
required notice and any other costs incurred for protection of water
resources of this state, including any program reasonably related to the
activities of the fee payers under the statutes listed in Subsection (p).   

(p) Authorizes, notwithstanding any restrictions otherwise imposed by law,
any fees collected for certain stated purposes to be appropriated and used
for certain stated purposes.  

(g) Authorizes, notwithstanding any restrictions otherwise imposed by law,
any fees collected for certain stated purposes under certain statutes to be
appropriated and used for certain purposes. 

SECTION 2.  Amends Section 341.041(a), Health and Safety Code, to delete
language regarding the commission's authority, by rule, to charge fees to
recover certain costs.  Requires fees established by the commission to
cover the reasonable costs of administering the programs and services in
this subchapter or the federal Safe Drinking Water Act (42 U.S.C. Section
300f et seq.) and any other costs incurred for protection of water
resources of this state, including programs reasonably related to the
activities of the class of fee payers under Subsection 5.235(q) of this
Code. 

SECTION 3.  Amends Section 366.058(a), Health and Safety Code, to require
the commission by rule to establish and collect a reasonable permit fee to
cover any other costs incurred for protection of water resources of this
state reasonably related to the activities of the fee payers under this
section. 

SECTION 4.  Amends Section 366.059(b), Health and Safety Code, to delete
text regarding  administrative costs not covered by permit fees collected. 

SECTION 5.  Effective date:  September 1, 2001.