77R12135 QS-D
By Counts H.B. No. 3527
Substitute the following for H.B. No. 3527:
By Counts C.S.H.B. No. 3527
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the use of certain fees by the Texas Natural Resource
1-3 Conservation Commission.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 5.235, Water Code, is amended by amending
1-6 Subsection (e) and adding Subsections (p) and (q) to read as
1-7 follows:
1-8 (e) A person who files with the commission a petition for
1-9 the creation of a water district or addition of sewage and drainage
1-10 powers or a resolution for a water district conversion must pay a
1-11 one-time nonrefundable application fee. The commission by rule may
1-12 establish [set] the application fee in an amount sufficient to
1-13 cover [not to exceed] the costs of reviewing and processing the
1-14 application, plus the cost of required notice. The commission may
1-15 also use the application fee to cover other costs incurred to
1-16 protect water resources in this state reasonably related to the
1-17 activities of any of the persons required to pay a fee under the
1-18 statutes listed in Subsection (p). This fee is the only fee that
1-19 the commission may charge with regard to the processing of an
1-20 application for creation of a water district, addition of sewage or
1-21 drainage powers, or conversion under this code.
1-22 (p) Notwithstanding any other law, fees collected for
1-23 deposit to the water resource management account under the
1-24 following statutes may be appropriated and used to protect water
2-1 resources in this state reasonably related to the activities of any
2-2 of the persons required to pay a fee under:
2-3 (1) Section 5.235(b), to the extent those fees are
2-4 paid by water districts, and Sections 5.235(e), (f), and (n);
2-5 (2) Sections 13.4521 and 13.4522; or
2-6 (3) Section 54.037(c).
2-7 (q) Notwithstanding any other law, fees collected for
2-8 deposit to the water resource management account under the
2-9 following statutes may be appropriated and used to protect water
2-10 resources in this state reasonably related to the activities of any
2-11 of the persons required to pay a fee under:
2-12 (1) Sections 5.235(b) and (c), to the extent those
2-13 fees are collected in connection with water use or water quality
2-14 permits;
2-15 (2) Sections 5.235(h)-(l);
2-16 (3) Section 11.138(g);
2-17 (4) Section 11.145;
2-18 (5) Section 26.0135(h);
2-19 (6) Sections 26.0291, 26.044, and 26.0461;
2-20 (7) Sections 341.041, 366.058, and 366.059, Health and
2-21 Safety Code; or
2-22 (8) Section 372.002(d), Health and Safety Code.
2-23 SECTION 2. Section 341.041(a), Health and Safety Code, is
2-24 amended to read as follows:
2-25 (a) The commission by rule may charge fees to a person who
2-26 owns, operates, or maintains a public drinking water supply system
2-27 [to recover the costs of public drinking water supply system
3-1 programs or services authorized by this subchapter or performed
3-2 pursuant to the requirements of the federal Safe Drinking Water Act
3-3 (42 U.S.C. Section 300f et seq.)]. The commission may establish a
3-4 schedule of fees. The amount of the fees must be sufficient to
3-5 cover [may not exceed] the reasonable costs of administering the
3-6 programs and services in this subchapter or the federal Safe
3-7 Drinking Water Act (42 U.S.C. Section 300f et seq.). Among other
3-8 factors, the commission shall consider equity among persons
3-9 required to pay the fees as a factor in determining the amount of
3-10 the fees. The commission may also use the fees to cover any other
3-11 costs incurred to protect water resources in this state reasonably
3-12 related to the activities of any of the persons required to pay a
3-13 fee under the statutes listed in Section 5.235(q), Water Code.
3-14 SECTION 3. Section 366.058(a), Health and Safety Code, is
3-15 amended to read as follows:
3-16 (a) The commission by rule shall establish and collect a
3-17 reasonable permit fee to cover the cost of issuing permits under
3-18 this chapter and administering the permitting system. The
3-19 commission may also use the fee to cover any other costs incurred
3-20 to protect water resources in this state reasonably related to the
3-21 activities of any of the persons required to pay a fee under the
3-22 statutes listed in Section 5.235(q), Water Code.
3-23 SECTION 4. Section 366.059(b), Health and Safety Code, is
3-24 amended to read as follows:
3-25 (b) The commission may assess a charge-back fee to a local
3-26 governmental entity for which the commission issues permits for
3-27 administrative costs relating to the permitting function [that are
4-1 not covered by the permit fees collected]. The commission may also
4-2 use the fee to cover other costs incurred to protect water
4-3 resources in this state reasonably related to the activities of any
4-4 of the persons required to pay a fee under the statutes listed in
4-5 Section 5.235(q), Water Code.
4-6 SECTION 5. Water resource management account balances
4-7 dedicated to a particular purpose that have not been expended
4-8 before the effective date of this Act may be used for the purposes
4-9 authorized under this Act.
4-10 SECTION 6. This Act takes effect September 1, 2001.