HBA-BSM C.S.H.B. 3074 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3074
By: Chisum
Natural Resources
4/19/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Under current law, the Texas Natural Resource Conservation Commission
(TNRCC) is required to establish and collect a permit fee to cover the cost
of issuing permits for on-site sewage facilities.  However, the TNRCC has
proposed collecting an additional mandatory fee  from local governmental
entities for inspection of such facilities.  C.S.H.B. 3074 authorizes the
TNRCC to assess a charge-back fee to a local governmental entity not to
exceed $500 for permitting functions not covered by the permit fees
collected and sets forth provisions for the application of such a fee. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 3074 amends the Health and Safety Code to authorize the Texas
Natural Resource Conservation Commission (TNRCC) to assess a charge-back
fee not to exceed $500 to a local governmental entity for which the TNRCC
issues permits for administrative costs relating to the permitting function
that are not covered by the permit fees collected.  The bill requires TNRCC
to base the amount of a charge-back fee on the actual cost of issuing a
permit.  TNRCC is authorized to assess a charge-back fee to a local
governmental entity if the entity is an authorized agent that has repealed
the order, ordinance, or resolution that established the entity as an
authorized agent or has had its authorization as an authorized agent
revoked by TNRCC.  The bill prohibits TNRCC from assessing a charge-back
fee to a local governmental entity if the entity has repealed the order,
ordinance, or resolution that established the entity as an authorized agent
or has lost its designation as an authorization due to a material change in
TNRCC's rules. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3074 differs from the original by authorizing the TNRCC to
establish a maximum charge-back fee of $500 to a local governmental entity
for permitting functions not covered by the permit fees collected, whereas
the original bill provided that TNRCC may assess a charge-back fee upon
agreement of the entity.  The substitute differs from the original by
requiring the TNRCC to base the amount of the chargeback fee on the actual
cost of issuing a permit.  The substitute also differs from the original
bill by establishing provisions for when such a fee may or may not be
assessed.