By Counts H.B. No. 3527
Line and page numbers may not match official copy.
Bill not drafted by TLC or Senate E&E.
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) as follows:
1-7 (e) A person who files with the commission a petition for
1-8 the creation of a water district or addition of sewage and drainage
1-9 powers or a resolution for a water district conversion must pay a
1-10 one-time nonrefundable application fee. The commission by rule may
1-11 set the application fee in an amount [not to exceed] to recover the
1-12 costs of reviewing and processing the application, plus the cost of
1-13 required notice and any other costs incurred for protection of
1-14 water resources of this state, including any program reasonably
1-15 related to the activities of the fee payers under the statutes
1-16 listed in Subsection (p). The fee is the only fee that the
1-17 commission may charge with regard to the processing of an
1-18 application for creation of a water district, addition of sewage or
1-19 drainage powers, or conversion under this code.
1-20 (p) Notwithstanding any restrictions otherwise imposed by
1-21 law, any fees collected for deposit to the water resource
1-22 management account under the following statutes may be appropriated
1-23 and used for the purpose of protection of the water resources of
2-1 this state, including any program reasonably related to the
2-2 activities of the class of fee payers under any of these statutes:
2-3 (1) Subsection 5.235(b) of this Code, to the extent
2-4 those fees are paid by water districts;
2-5 (2) Subsections 5.235(e), (f) and (n) of this Code;
2-6 (3) Sections 13.4521 and 13.4522 of this Code; and
2-7 (4) Subsection 54.037(c) of this Code.
2-8 (q) Notwithstanding any restrictions otherwise imposed by
2-9 law, any fees collected for deposit to the water resource
2-10 management account under the following statutes may be appropriated
2-11 and used for the purpose of protection of the water resources of
2-12 this state, including any program reasonably related to the
2-13 activities of the class of fee payers under any of these statutes:
2-14 (1) Subsections 5.235(b) and (c) of this Code, to the
2-15 extent those fees are collected in connection with water use or
2-16 water quality permits;
2-17 (2) Subsections 5.235(i)-(l) of this Code;
2-18 (3) Subsection 11.138(g) of this Code;
2-19 (4) Section 11.145 of this Code;
2-20 (5) Subsection 26.0135(h) of this Code;
2-21 (6) Section 26.0291 of this Code;
2-22 (7) Sections 26.0461 and 26.044 of this Code;
2-23 (8) Sections 341.041 and 366.058, Health and Safety
2-24 Code; and
2-25 (9) Subsection 372.002(d), Health and Safety Code.
2-26 SECTION 2. Section 341.041, Health and Safety Code, is
3-1 amended by amending Subsection (a) as follows:
3-2 (a) The commission by rule may charge fees to a person who
3-3 owns, operates, or maintains a public drinking water supply system.
3-4 [to recover the costs of public drinking water supply system
3-5 programs or services authorized by this subchapter or performed
3-6 pursuant to the requirements of the federal Safe Drinking Water Act
3-7 (42 U.S.C. Section 300f et seq.)]. The commission may establish a
3-8 schedule of fees. The amount of the fees [may not exceed] shall
3-9 cover the reasonable costs of administering the programs and
3-10 services in this subchapter or the federal Safe Drinking Water Act
3-11 (42 U.S.C. Section 300f et seq.) and any other costs incurred for
3-12 protection of water resources of this state, including programs
3-13 reasonably related to the activities of the class of fee payers
3-14 under Subsection 5.235(q) of this Code.
3-15 SECTION 3. Section 366.058, Health and Safety Code is
3-16 amended by amending Subsection (a) as follows:
3-17 (a) The commission by rule shall establish and collect a
3-18 reasonable permit fee to cover the cost of issuing permits under
3-19 this chapter and administering the permitting system and any other
3-20 costs incurred for protection of water resources of this state
3-21 reasonably related to the activities of the fee payers under this
3-22 section.
3-23 SECTION 4. Section 366.059, Health and Safety Code is
3-24 amended by amending Subsection (b) 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
4-1 administrative costs relating to the permitting function. [that
4-2 are not covered by the permit fees collected.]
4-3 SECTION 5. This Act takes effect September 1, 2001.
4-4 SECTION 6. Water resource management account balances
4-5 dedicated to a particular purpose under law in effect on August 31,
4-6 2001 that have not been expended by that date may be used for the
4-7 purposes authorized under this Act.
4-8 SECTION 7. EMERGENCY. The importance of this legislation and
4-9 the crowded condition of the calendars in both houses create an
4-10 emergency and an imperative public necessity that the
4-11 constitutional rule requiring bills to be read on three several
4-12 days in each house is suspended, and this rule is hereby suspended.