77R12134 JAT-F
By Chisum H.B. No. 3074
Substitute the following for H.B. No. 3074:
By Counts C.S.H.B. No. 3074
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the fee charged by the Texas Natural Resource
1-3 Conservation Commission to a local government for the issuance of
1-4 an on-site sewage system permit.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Section 366.059, Health and Safety Code, is
1-7 amended by amending Subsection (b) and adding Subsection (d) to
1-8 read as follows:
1-9 (b) The commission may assess a reasonable and appropriate
1-10 charge-back fee, not to exceed $500, to a local governmental entity
1-11 for which the commission issues permits for administrative costs
1-12 relating to the permitting function that are not covered by the
1-13 permit fees collected. The commission shall base the amount of a
1-14 charge-back fee under this subsection on the actual cost of issuing
1-15 a permit under this section. The commission may assess a
1-16 charge-back fee to a local governmental entity under this
1-17 subsection if the local governmental entity is an authorized agent
1-18 that:
1-19 (1) has repealed the order, ordinance, or resolution
1-20 that established the entity as an authorized agent; or
1-21 (2) has had its authorization as an authorized agent
1-22 revoked by the commission.
1-23 (d) The commission may not assess a charge-back fee to a
1-24 local governmental entity if the local governmental entity has
2-1 repealed the order, ordinance, or resolution that established the
2-2 entity as an authorized agent or has lost its designation as an
2-3 authorization due to material change in the commission's rules
2-4 under this chapter.
2-5 SECTION 2. This Act takes effect immediately if it receives
2-6 a vote of two-thirds of all the members elected to each house, as
2-7 provided by Section 39, Article III, Texas Constitution. If this
2-8 Act does not receive the vote necessary for immediate effect, this
2-9 Act takes effect September 1, 2001.