H.B. No. 1433
  relating to the amount of the annual water quality fee imposed on
  holders of wastewater discharge permits and on users of water.
         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 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
  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:  _____________________