Emergency Sections An agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing, for no more than 120 days. The emergency action is renewable once for no more than 60 days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 213. Practice and Procedure 22 TAC sec.sec.213.19, 213.21, 213.22 The Board of Nurse Examiners is renewing the effectiveness of the emergency adoption of new and amended sec.sec.213.19, 213.21, and 213.22, for a 60-day period effective February 6, 1992. The text of new and amended sec.sec.213.19, 213.21, and 213.22 was originally published in the October 18, 1992, issue of the Texas Register (16 TexReg 5743). Issued in Austin, Texas, on February 6, 1992. TRD-9201907 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: February 6, 1992 Expiration date: March 7, 1992 For further information, please call: (512) 835-8650 22 TAC sec.213.21 The Board of Nurse Examiners is renewing the effectiveness of the emergency adoption of repealed sec.213.21, for a 60-day period effective February 6, 1991. The text of repealed sec.213.21 was originally published in the October 18, 1991, issue of the Texas Register (16 TexReg 5743). Issued in Austin, Texas, on February 6, 1992. TRD-9201904 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: February 6, 1992 Expiration date: March 7, 1992 For further information, please call: (512) 835-8650 Chapter 217. Licensure and Practice 22 TAC sec.sec.217.6-217.8 The Board of Nurse Examiners is renewing the effectiveness of the emergency adoption of amended sec.sec.217.6-217.8, for a 60-day period effective February 6, 1992. The text of the amended sec.sec.217.6-217.8 was originally published in the October 18, 1991, issue of the Texas Register (16 TexReg 5744). Issued in Austin, Texas, on February 6, 1992. TRD-9201906 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: February 6, 1992 Expiration date: March 7, 1992 For further information, please call: (512) 835-8650 Chapter 233. Fees 22 TAC sec.233.1 The Board of Nurse Examiners is renewing the effectiveness of the emergency adoption of the amended sec.233.1, for a 60-day period effective February 6, 1992. The text of the amended s233.1 was originally published in the October 18, 1991, issue of the Texas Register (16 TexReg 5744). Issued in Austin, Texas, on February 6, 1992. TRD-9201905 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: February 6, 1992 Expiration date: March 7, 1992 For further information, please call: (512) 835-8650 TITLE 31. NATURAL RESOURCES AND CONSERVATION Part IV. School Land Board Chapter 155. Land Resources Coastal Public Lands 31 TAC sec.155.10 The School Land Board proposes the repeal of sec.155.10, concerning coastal land fees. The subject matter of sec.155.10 will be contained in Part I of this title, sec.1.3 (relating to Fees). The section is being repealed on an emergency basis to avoid conflict with sec.1.3 of this title (relating to Fee). The repeal is adopted on an emergency basis under the Natural Resources Code, sec.31.051 and sec.33.064, which authorizes the commissioner of the General Land Office and the School Land Board to make and enforce suitable procedural and substantive rules consistent with law and/or necessary to administer, implement, and enforce the Natural Resources Code, Chapter 33. sec.155.10. Coastal Land Fees. Issued in Austin, Texas, on February 6, 1992. TRD-9201968 Garry Mauro Chairman School Land Board Effective date: February 28, 1992 Expiration date: June 27, 1992 For further information, please call: (512) 463-5394 Part IX. Texas Water Commission Chapter 320. Regional Assessments of Water Quality Program for Water Quality Assessment by Watershed 31 TAC sec.320.21, sec.320.22 The Texas Water Commission adopts on an emergency basis amendments to sec.320.21 and sec.320.22, concerning fees for the regional water quality assessment program. These sections were previously adopted on an emergency basis on December 4, 1991, and published in the December 13, 1991, issue of the Texas Register (16 TexReg 7135). Also on December 4, 1991, the commission adopted permanent rules ssec.320.1-320.9 which were published in the December 13, 1991, issue of the Texas Register (16 TexReg 7135) to implement the procedural and other substantive provisions of Senate Bill 818. The commission has determined that the emergency amendment of these rules is necessary and in the public interest to establish the funding mechanism authorized by Senate Bill 818 to support the regional water quality assessment program. The bill authorizes the commission to recover the reasonable costs of administering the water quality management programs under the Texas Water Code, sec.26.0135 from all users of water and wastewater permit holders in each watershed generally in proportion to their right to use water from and discharge wastewater into the watershed. Under these rules, holders of wastewater permits issued under the Texas Water Code, Chapter 26 will be assessed an annual fee based on the operating parameters specified in their permits for flow and traditional pollutant limits. It is the intent of these rules that the majority of industrial and municipal water users be assessed fees through the wastewater permit mechanism. Users of water who do not hold permits for the treatment or discharge of wastewater will be assessed a fee based on the amount of water that may be used under a water right for both consumptive and non-consumptive purposes. In some instances, actual consumption figures based on data from watermaster programs may be used in place of the amount authorized in a water right permit. It is recognized that retail public utilities as well as other service providers for which the use of water or the treatment of water is necessary and essential, including but not limited to electric power generators, will likely seek to recover these fees from their customers. Ultimately, the costs of supporting the regional water quality assessment program would be borne by the water and wastewater service customers in each watershed and the recipients of other services which generate wastewater discharges or consume the state's water resources. Within the confines of Senate Bill 818, the commission has attempted to create a funding mechanism that is fair and equitable. To provide continued adequate funding for the water quality assessment program, it may be necessary for the commission to adjust the fees established in this section. Any adjustments to the fee format will be as fair and equitable as reasonably possible. The amended sections are adopted on an emergency basis under the Water Code sec.sec.5.103, 5.105, and 26.011 which provide the commission with the authority to adopt rules necessary to carry out its powers and duties under the code and all other laws of the state and to establish and approve all general policies of the commission and under Senate Bill 2, Article 1.100, Acts of the 72nd Legislature, First Called Session, 1991, which authorizes the commission to adopt rules on an emergency basis to implement new revenue authority provided by legislation enacted by the 72nd Legislature. The commission finds that an urgent need exists to adopt these new sections on an emergency basis in order to generate funding to implement the provisions of Senate Bill 818 in the manner and schedule required by the bill and to avoid further delay in the implementation of those water quality management efforts intended to reduce the imminent threat to public health and safety of existing water quality problems. sec.320.21. Water Quality Assessment Fees. (a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) BOD-Five-day biochemical oxygen demand. (2) COD-Chemical oxygen demand. (3) Consumptive use-Water which is consumed as a result of its beneficial use for an authorized purpose or which otherwise is not returned to its source subsequent to its use.
    [The use of water for domestic and municipal, industrial, irrigation, or mining purposes, consistent with the meaning of these uses for which water may be appropriated under the Texas Water Code, sec.11.023 and sec.11.024.] (4) Final flow limit-The maximum amount of wastewater discharge authorized by a permit issued in accordance with the Texas Water Code, Chapter 26, expressed as a daily average flow, a daily maximum flow, an annual average or an annual maximum. For the purpose of this section, a final flow limit is expressed in millions of gallons per day of discharge (MGD). (5) Flow-The total by volume of all wastewater discharges authorized under a permit issued in accordance with the Texas Water Code, Chapter 26 expressed as an average flow per day, a maximum flow per day, an annual average, or an annual maximum, exclusive of variable or occasional stormwater discharges. Generally, the flow is based on the sum of the volumes of discharge for all outfalls of a facility, but excludes internal outfalls. However, for those facilities for which permit limitations on the volumes of discharge apply only to internal outfalls, the flow is based on the sum of the volumes of discharge for all internal outfalls of the facility, exclusive of variable or occasional stormwater discharges. (6) Flow type- (A) contaminated-these wastewaters include sanitary wastewater, process wastewater flows, or any mixed wastewaters containing more than 10% process wastewaters; (B) uncontaminated-these wastewaters include non-contact cooling water or mixed flows which contain at least 90% non-contact cooling water and not more than one million gallons per day of process wastewater. (7) MGD-Million gallons per day. (8) Non-consumptive use-Water diverted from a water supply and beneficially used which is not consumed as a consequence of that use and returns to its source.
      [The use of water for those purposes not otherwise designated as consumptive uses under this section, including hydroelectric power, navigation, recreation and other beneficial uses, consistent with the meaning of these uses and for which water may be appropriated under the Water Code, sec.11.023 and sec.11.024] (9) TOC-Total organic carbon. (10) Traditional pollutants-The wastewater parameters typically found in wastewater discharge permits, specifically oxygen demand (BOD/COD/TOC), total suspended solids (TSS) and ammonia. For the purpose of this section, COD and TOC are expressed of BOD at the rate of three pounds of TOC equal to one pound of BOD (3:1) or eight pounds of COD equal to one pound of BOD (8:1). (11) TSS-Total suspended solids. (b) For the purpose of recovery of the costs of development of regional water quality assessments and administration of the provisions of this chapter, a fee is assessed against water right permit holders and wastewater discharge permit holders in each watershed of the state in proportion to their right to use water from and discharge wastewater into the watershed. (c) Wastewater discharge permit holders
        [The municipal and industrial use of water] shall be assessed a fee based on the authority of a permittee to dispose of
          or discharge wastewater under a permit issued pursuant to the Texas Water Code, Chapter 26. The fee shall be assessed on the basis of final flow and traditional pollutant limits and determined as the sum of factors in subsection (c)(1)-(3) as follows. When calculating the charge based on flow. This amount shall be calculated based on the daily average flow limit in the permit. For permits that do not have a daily average flow limit, the charge shall be based on 50% of the daily maximum flow limit.
            [the following:] (1) for contaminated discharges, $300 per MGD up to a maximum of 100 MGD;
              and $10 for
                [per] each additional
                  MGD; [or fraction thereof;] (2) for uncontaminated discharges, $1.00 per MGD; (3) for each traditional pollutant, $2.00 per pound per day. The annual fee assessed for each permit shall be a minimum of $200 and shall
                    not exceed $35,000. The fee for a permit which does not authorize the discharge of wastewater, and which does not have flow or pollutant limits,
                      including evaporation and land disposal permits, shall be $150. The fee for an inactive permit shall be $100. (d) Water right permit holders [, not subject to subsection (c) of this section] shall be assessed
                        [pay] a fee based on the uses for which the water rights have been appropriated.
                          [right to appropriate water under a permit issued under the Texas Water Code, Chapter 11.] Water right permit holders which have water rights appropriated for industrial or municipal use and which also have a wastewater discharge permit shall not be assessed a fee for the municipal or industrial use portion of their water right, but rather shall be assessed a fee pursuant to subsection 320.21(c) of this section based on the wastewater discharge permit and shall be assessed a fee under subsection (d) of this section for any uses other than municipal or industrial.
                            The fee [shall be $.20 per acre-foot] for water rights appropriated for consumptive use shall be $.20 per acre-foot above 50 acre-feet
                              up to a maximum of 10,000 acre-feet, and $.02 per acre-foot thereafter. [The fee shall be $.02 per acre- foot] For
                                [for] water rights appropriated for non-consumptive use, the fee shall be $. 02 per acre-foot above 500 acre-feet
                                  up to a maximum of 100,000 acre-feet, and $.002 per acre-foot thereafter. For water rights appropriated for irrigation, the fee shall be $.10 per acre-foot above 100 acre feet. (e) The latest available three-year average consumption figure may be used to calculate fees for water right holders whose water use consumption has been verified by the commission's watermaster program. Based on commission records of the watermaster program data, a credit may be issued for the difference between the amount calculated under the right authorized in the permit and the three- year average consumption figure. (f)
                                    [(e)] Water which is authorized in a permit for consumptive use, but which is designated by a provision in the
                                      [reserved under] permit as
                                        [and] not allowed
                                          [available] for use by the permittee may be exempted from the assessment of a fee under subsection (c) of this section. (g)
                                            [(f)] A retail public utility as defined by the Texas Water Code sec.13. 002, which is subject to a water quality assessment fee under this chapter may collect from each customer a charge to recover the amount of the fee assessed. The total amount recovered by a retail public utility shall not exceed the amount assessed under this chapter plus any reasonable costs of collection. Any pass-through mechanism for the fees shall be fair and equitable for all customers and may be subject to review by the commission. (h)
                                              [(g) ] The portion of a water quality assessment fee recovered from a customer of a retail public utility may be listed on the customer's bill as a separate item and may be collected in addition to other regulatory assessments or charges for utility services. (i)
                                                [(h)] The portion of a water quality assessment fee recovered from a customer by a retail public utility is not part of the rates of that utility. This provision shall apply to a retail public utility providing water and/or wastewater service. (j)
                                                  [(i)] Water quality assessment fees for every year after the initial year of this program
                                                    are due and payable to the commission by January 1 of each year. The commission shall establish procedures for billing and collection of the fee and notification of amounts due for each year. For the first year this program is in effect, water quality assessment fees are due and payable 30 days after issuance of the bill. [(j) The commission shall assess an interest penalty of 10% per year on any water quality assessment fee past due after March 1 of each year.] (k) The commission shall monitor both the collection of fees under this section and the allocation of fee revenues under sec.320.22 of this title (relating to Allocation of Water Quality Assessment Fee Revenue) for the river basins of the state. The commission shall adjust the fee rates established under this section to the extent necessary to ensure the adequate support of the programs undertaken to implement this chapter and the equitable assessment of fees within each watershed and region of the state. sec.320.22. Allocation of Water Quality Assessment Fee Revenue. (a) A river authority or designated local government shall be eligible for reimbursement of the costs of development of water quality assessments and implementation of the provisions of this chapter. (b) The schedule and amount of any reimbursement shall be determined by mutual agreement of the commission and the appropriate river authority or local government based on [submittal of] an approved water quality assessment report or work plan as required under sec.320.5 of this title (relating to Assessment Reports and Work Plans) or sec.320.7 of this title (relating to Responsibilities of River Authorities and Designated Local Governments), respectively. Issued in Austin, Texas, on February 7, 1992. TRD-9201972 Mary Ruth Holder Director, Legal Division Texas Water Commission Effective date: February 7, 1992 Expiration date: June 6, 1992 For further information, please call: (512) 463-8069