31 TAC §363.613
The Texas Water Development Board (Board) proposes an amendment
to 31 TAC §363.613, concerning administrative cost recovery fee for the
state participation program.
The proposed amendment will raise the administrative cost recovery fee
from 0.5% to 0.77% of the total participation in a project by the Board. The
change is proposed in response to a review of the state participation fees
by the State Auditor's Office in accordance with §16.142 of the Water
Code. The State Auditor's Office found that the existing fee of 0.5% appeared
to be too low to recover all of the costs associated with administering the
state participation program and needed to be reformulated to reflect all appropriate
costs, including telephones, office space, travel and the potential extra
costs associated with funding large projects. Accordingly, administrative
costs were recalculated and an increased cost recovery fee of 0.77% is proposed.
Ms. Pam Gulley, Director of Accounting and Finance, has determined that
for the first five-year period the section is in effect the fiscal implications
on state government as a result of enforcement and administration of the section
there will be an estimated increase to the Board of $13,325 for FY 2001; $7,800
for FY 2002; $4,875 for FY 2003; $12,000 for FY 2004 and $1,000 for FY 2005.
The impact on local governments will be additional cost to political subdivisions
that apply to the Board for participation in an eligible project and are estimated
at $13,325 for FY 2001; $7,800 for FY 2002; $4,875 for FY 2003; $12,000 for
FY 2004 and $1,000 for FY 2005.
Ms. Gulley has also determined that for the first five years the section
as proposed is in effect the public benefit anticipated will be to reduce
the general revenue used by the Board and distribute the cost of the program
to those benefiting from the program. Ms. Gulley has determined there will
not be economic costs to small businesses or individuals required to comply
with the section as proposed.
Comments on the proposed amendment will be accepted for 30 days following
publication and may be submitted to Gail Allan, Director, Administration and
Northern Legal Services, (512) 463-7804, Texas Water Development Board, P.O.
Box 13231, Austin, Texas, 78711-3231, or by fax at (512) 463-5580.
The amendment is proposed under the authority of the Texas Water
Code, §6.101, which provides the Texas Water Development Board with the
authority to adopt rules necessary to carry out the powers and duties in the
Water Code and other laws of the State.
The statutory provisions affected by the proposed amendment are Texas Water
Code, Chapter 15, Subchapter E and Chapter 16, Subchapter E and F.
§363.613. Administrative Cost Recovery for State Participation Program.
(a)
General. The board will assess fees for the purpose of
recovering administrative costs from all political subdivisions with which
the board agrees to participate in a state participation project under this
subchapter in an amount of
0.77%
[
0.5%
] of the amount
of the total participation in the project by the board.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on May 18, 2000.
TRD-200003478
Suzanne Schwartz
General Counsel
Texas Water Development Board
Proposed date of adoption: July 19, 2000
For further information, please call: (512) 463-7981