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1-19                 (1)  has repealed the order, ordinance, or resolution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 2-1     repealed the order, ordinance, or resolution that established the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.