| 1 | 1 | | H.B. No. 1433 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | AN ACT |
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| 5 | 5 | | relating to the amount of the annual water quality fee imposed on |
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| 6 | 6 | | holders of wastewater discharge permits and on users of water. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Section 26.0291(e), Water Code, is amended to |
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| 9 | 9 | | read as follows: |
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| 10 | 10 | | (e) The commission by rule shall adopt a fee schedule for |
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| 11 | 11 | | determining the amount of the fee to be charged. Beginning |
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| 12 | 12 | | September 1, 2009, the maximum amount of a fee under this section is |
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| 13 | 13 | | $100,000. On September 1 of each subsequent year, the commission |
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| 14 | 14 | | shall adjust the maximum fee amount as necessary to reflect the |
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| 15 | 15 | | percentage change during the preceding year in the Consumer Price |
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| 16 | 16 | | Index for All Urban Consumers (CPI-U), U.S. City Average, published |
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| 17 | 17 | | monthly by the United States Bureau of Labor Statistics, or its |
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| 18 | 18 | | successor in function. Notwithstanding any adjustment for |
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| 19 | 19 | | inflation under this subsection, the [The] amount of the fee may not |
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| 20 | 20 | | exceed $150,000 [$75,000] for each permit or contract and the [. |
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| 21 | 21 | | The] maximum annual fee under this section for a wastewater |
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| 22 | 22 | | discharge or waste treatment facility that holds a water right for |
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| 23 | 23 | | the use of water by the facility is $150,000 [may not exceed |
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| 24 | 24 | | $75,000]. In determining the amount of a fee under this section, |
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| 25 | 25 | | the commission may consider: |
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| 26 | 26 | | (1) waste discharge permitting factors such as flow |
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| 27 | 27 | | volume, toxic pollutant potential, level of traditional pollutant, |
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| 28 | 28 | | and heat load; |
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| 29 | 29 | | (2) the designated uses and segment ranking |
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| 30 | 30 | | classification of the water affected by discharges from the |
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| 31 | 31 | | permitted facility; |
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| 32 | 32 | | (3) the expenses necessary to obtain and administer |
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| 33 | 33 | | the NPDES program; |
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| 34 | 34 | | (4) the reasonable costs of administering the water |
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| 35 | 35 | | quality management programs under Section 26.0135; and |
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| 36 | 36 | | (5) any other reasonable costs necessary to administer |
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| 37 | 37 | | and enforce a water resource management program reasonably related |
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| 38 | 38 | | to the activities of the persons required to pay a fee under this |
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| 39 | 39 | | section. |
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| 40 | 40 | | SECTION 2. This Act takes effect September 1, 2009. |
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| 41 | 41 | | ______________________________ ______________________________ |
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| 42 | 42 | | President of the Senate Speaker of the House |
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| 43 | 43 | | I certify that H.B. No. 1433 was passed by the House on May 1, |
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| 44 | 44 | | 2009, by the following vote: Yeas 93, Nays 46, 1 present, not |
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| 45 | 45 | | voting. |
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| 46 | 46 | | ______________________________ |
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| 47 | 47 | | Chief Clerk of the House |
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| 48 | 48 | | I certify that H.B. No. 1433 was passed by the Senate on May |
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| 49 | 49 | | 13, 2009, by the following vote: Yeas 28, Nays 3. |
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| 50 | 50 | | ______________________________ |
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| 51 | 51 | | Secretary of the Senate |
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| 52 | 52 | | APPROVED: _____________________ |
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| 53 | 53 | | Date |
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| 54 | 54 | | _____________________ |
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| 55 | 55 | | Governor |
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