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entity under this 1-17 subsection if the local governmental entity is an authorized agent 1-18 that: 1-19 (1) has repealed the order, ordinance, or resolution 1-20 that established the entity as an authorized agent; or 1-21 (2) has had its authorization as an authorized agent 1-22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may not assess a charge-back fee to a 1-24 local governmental entity if the local governmental entity has 2-1 repealed the order, ordinance, or resolution that established the 2-2 entity as an authorized agent or has lost its designation as an 2-3 authorization due to material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.