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