By: Armbrister S.B. No. 1058
A BILL TO BE ENTITLED
AN ACT
1-1 relating to fees imposed and collected and other revenue received
1-2 by agencies of state and local government.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Chapter 12, Agriculture Code, is amended by
1-5 adding Section 12.031 to read as follows:
1-6 Sec. 12.031. PUBLICATIONS. (a) The department may provide
1-7 or sell information, including books, magazines, photographs,
1-8 prints, and bulletins, to the public concerning agriculture,
1-9 horticulture, or related industries.
1-10 (b) The department may receive royalties on department-owned
1-11 materials that are sold or supplied to others by the department for
1-12 publication.
1-13 (c) The department may contract for the publication of
1-14 information concerning agriculture, horticulture, or related
1-15 industries.
1-16 (d) Money received under this section shall be deposited in
1-17 the state treasury to the credit of the fund from which expenses
1-18 for the publication were paid.
1-19 SECTION 2. (a) Chapter 102, Code of Criminal Procedure, is
1-20 amended by adding Subchapter E to read as follows:
1-21 SUBCHAPTER E. DEATH BENEFITS FOR SURVIVORS OF PUBLIC SERVANTS
1-22 Art. 102.091. MISDEMEANOR AND FELONY COSTS. (a) In
1-23 addition to other court costs, a defendant convicted of a
2-1 misdemeanor or felony shall pay as a cost of court 25 cents.
2-2 (b) An officer shall collect the costs in the same manner as
2-3 other costs are collected in the case.
2-4 Art. 102.092. RECORD OF COLLECTION. (a) An officer
2-5 collecting costs due under this subchapter in cases in municipal
2-6 court shall keep separate records of the funds collected as costs
2-7 under this subchapter and shall deposit the funds in the municipal
2-8 treasury.
2-9 (b) An officer collecting costs due under this subchapter in
2-10 justice, county, and district courts shall keep separate records of
2-11 the funds collected as costs under this subchapter and shall
2-12 deposit the funds in the county treasury.
2-13 (c) An officer collecting costs due under this subchapter in
2-14 county courts on appeal from justice or municipal courts shall keep
2-15 separate records of the funds collected under this subchapter and
2-16 shall deposit the funds in the county treasury.
2-17 Art. 102.093. REPORTS REQUIRED. (a) Officers collecting
2-18 funds due as costs under this subchapter shall file the report
2-19 required under Article 103.005 of this code.
2-20 (b) If no funds due as costs under this subchapter have been
2-21 collected in any quarter, the report required for each quarter
2-22 shall be filed in the regular manner, and the report shall state
2-23 that no funds due under this subchapter were collected.
2-24 Art. 102.094. TRANSFER OF FUNDS TO COMPTROLLER. (a) The
2-25 custodians of the municipal and county treasuries may deposit the
3-1 funds collected under this subchapter in interest-bearing accounts.
3-2 The custodians shall keep records of the amount of funds collected
3-3 under this subchapter that are on deposit with them and shall on or
3-4 before the last day of the month following each calendar quarter
3-5 remit to the comptroller of public accounts funds collected under
3-6 this subchapter during the preceding quarter.
3-7 (b) A municipal or county treasury may retain all interest
3-8 accrued on the funds if the custodian of the treasury keeps records
3-9 of the amount of funds collected under this subchapter that are on
3-10 deposit with the treasury and remits the funds to the comptroller
3-11 within the period prescribed in Subsection (a) of this article.
3-12 Art. 102.095. COMPTROLLER'S DUTY. The comptroller of public
3-13 accounts shall deposit the funds received by the comptroller under
3-14 this subchapter in an account in the general revenue fund to be
3-15 used only for the payment of benefits under Chapter 86, Acts of the
3-16 60th Legislature, Regular Session, 1967 (Article 6228f, Vernon's
3-17 Texas Civil Statutes).
3-18 (b) This section is contingent on the enactment by the
3-19 legislature and the becoming law of S.B. No. 97, 73rd Legislature,
3-20 Regular Session, 1993. If that bill does not become law, this
3-21 section has no effect.
3-22 SECTION 3. (a) Subsections (d) and (e), Section 242.033,
3-23 Health and Safety Code, are amended to read as follows:
3-24 (d) A license is renewable every two years <annually> after:
3-25 (1) an inspection, unless an inspection is not
4-1 required as provided by Section 242.047;
4-2 (2) payment of the <annual> license fee; and
4-3 (3) department approval of the <annual> report filed
4-4 every two years by the licensee.
4-5 (e) The <annual> report required for license renewal under
4-6 Subsection (d)(3) must comply with rules adopted by the board that
4-7 specify the date of submission of the report, the information it
4-8 must contain, and its form.
4-9 (b) Section 242.034, Health and Safety Code, is amended by
4-10 amending Subsections (a) and (b) and adding Subsection (f) to read
4-11 as follows:
4-12 (a) The board may establish by rule license fees for
4-13 institutions licensed by the department under this chapter. The
4-14 license fee may not exceed $150 <is $50> plus $5 <$2> for each unit
4-15 of capacity or bed space for which a license is sought. An
4-16 additional license fee may be charged as provided by Section
4-17 242.097.
4-18 (b) The license fee must be paid <annually> with each
4-19 application for an initial license, a renewal <of the
4-20 institution's> license, or a change of ownership license.
4-21 (f) The license fees established under this chapter are an
4-22 allowable cost for reimbursement under the medical assistance
4-23 program administered by the Texas Department of Human Services
4-24 under Chapter 32, Human Resources Code. Any fee increases shall be
4-25 reflected in reimbursement rates prospectively.
5-1 SECTION 4. (a) Section 401.120, Health and Safety Code, as
5-2 added by S.B. No. 392, Acts of the 73rd Legislature, Regular
5-3 Session, 1993, is amended by adding Subsection (g) to read as
5-4 follows:
5-5 (g) The department may set the fees authorized under Section
5-6 401.301 to cover the expenses incurred in administering this
5-7 section.
5-8 (b) This section is contingent on the enactment by the
5-9 legislature and the becoming law of S.B. No. 392, 73rd Legislature,
5-10 Regular Session, 1993. If that bill does not become law, this
5-11 section has no effect.
5-12 SECTION 5. Section 431.241, Health and Safety Code, is
5-13 amended by adding Subsection (g) to read as follows:
5-14 (g) The department may assess a fee for the issuance of a
5-15 certificate of free sale and another certification issued under
5-16 this chapter. The board by rule shall set each fee in an amount
5-17 sufficient to recover the cost to the department of issuing the
5-18 particular certificate.
5-19 SECTION 6. Section 3, Article 21.60, Insurance Code, is
5-20 amended to read as follows:
5-21 Sec. 3. Administration and Enforcement. (a) The board
5-22 shall administer and enforce this article. The board shall
5-23 establish reasonable and necessary fees in an amount not to exceed
5-24 $20 per year for each amusement ride covered by this Act.
5-25 (b) For purposes of establishing fees under this section, an
6-1 amusement ride that consists of two or more self-propelled,
6-2 four-wheeled vehicles designed to be operated independently and to
6-3 carry fewer than three persons, including vehicles known as
6-4 go-carts, is a single amusement ride.
6-5 (c) Funds raised through said fees shall be deposited in the
6-6 State Treasury and shall be credited to the account of the board
6-7 for administration of this Act.
6-8 SECTION 7. (a) Subsection (a), Section 118.011, Local
6-9 Government Code, is amended to read as follows:
6-10 (a) A county clerk shall collect the following fees for
6-11 services rendered to any person:
6-12 (1) Personal Property Records Filing (Sec.
6-13 118.012).................................. $ 2.00
6-14 (2) Real Property Records Filing (Sec.
6-15 118.013):
6-16 for the first page.......................... $ 3.00
6-17 for each additional page or part of a page
6-18 on which there are visible marks of any
6-19 kind...................................... $ 2.00
6-20 for all or part of each 8-1/2" X 14"
6-21 attachment or rider....................... $ 2.00
6-22 for each name in excess of five names that
6-23 has to be indexed in all records in
6-24 which the document must be indexed........ $ 0.25
6-25 (3) Certified Papers (Sec. 118.014):
7-1 for the clerk's certificate on<............. $ 1.00>
7-2 <plus a fee for> each page or part of a
7-3 page <of>................................. $ 1.00
7-4 (4) Noncertified Papers (Sec. 118.0145):
7-5 for each page or part of a page............. $ 1.00
7-6 (5) Birth or Death Certificate (Sec.
7-7 118.015)................ same as state registrar
7-8 (6) <(5)> Bond Approval (Sec. 118.016).......... $ 3.00
7-9 (7) <(6)> Notary Appointment (Sec. 118.017)..... $ 4.00
7-10 (8) <(7)> Marriage License (Sec. 118.018)....... $25.00
7-11 (9) <(8)> Declaration of Informal Marriage
7-12 (Sec. 118.019)...................... $25.00
7-13 (10) <(9)> Brand Registration (Sec. 118.020).... $ 5.00
7-14 (11) <(10)> Oath Administration (Sec. 118.021)
7-15 .................................... $ 1.00
7-16 (b) Subchapter B, Chapter 118, Local Government Code, is
7-17 amended by adding Section 118.0145 to read as follows:
7-18 Sec. 118.0145. NONCERTIFIED PAPERS. The fee for
7-19 "Noncertified Papers" under Section 118.011 is for issuing a
7-20 noncertified copy of a document. The fee must be paid at the time
7-21 the order is placed.
7-22 (c) Section 118.052, Local Government Code, is amended to
7-23 read as follows:
7-24 Sec. 118.052. Fee Schedule. Each clerk of a county court
7-25 shall collect the following fees for services rendered to any
8-1 person:
8-2 (1) CIVIL COURT ACTIONS
8-3 (A) Filing of Original Action (Sec.
8-4 118.053):
8-5 (i) Garnishment after judgment........ $15.00
8-6 (ii) All others........................ $40.00
8-7 (B) Filing of Action Other than Original
8-8 (Sec. 118.054) ...................... $30.00
8-9 (C) Services Rendered After Judgment in
8-10 Original Action (Sec. 118.0545):
8-11 (i) Abstract of judgment .............. $5.00
8-12 (ii) Execution, order of sale, writ,
8-13 or other process ................ $5.00
8-14 (2) PROBATE COURT ACTIONS
8-15 (A) Probate Original Action (Sec.
8-16 118.055):
8-17 (i) Probate of a will with
8-18 independent executor,
8-19 administration with will
8-20 attached, administration of an
8-21 estate, guardianship or
8-22 receivership of an estate, or
8-23 muniment of title .............. $35.00
8-24 (ii) Community survivors .............. $20.00
8-25 (iii) Small estates .................... $10.00
9-1 (iv) Affidavits of heirship ........... $10.00
9-2 (v) Mental health or chemical
9-3 dependency services ............ $40.00
9-4 (vi) Additional, special fee (Sec.
9-5 118.064) ....................... $ 3.00
9-6 (B) Services in Pending Probate Action
9-7 (Sec. 118.056):
9-8 (i) Filing and recording a document:
9-9 for the first page ............... $ 3.00
9-10 for each additional page or part
9-11 of a page ..................... $ 2.00
9-12 (ii) Approving and recording bond ..... $ 3.00
9-13 (iii) Administering oath ............... $ 2.00
9-14 (C) Adverse Probate Action (Sec. 118.057)
9-15 ..................................... $35.00
9-16 (D) Claim Against Estate (Sec. 118.058) ... $ 2.00
9-17 (3) OTHER FEES
9-18 (A) Issuing Document <Requiring a Return,
9-19 No Pending Action> (Sec. 118.059):
9-20 original document and one copy ........ $ 4.00
9-21 each additional set of an original
9-22 and one copy ........................ $ 4.00
9-23 (B) Certified Papers<, No Return
9-24 Required> (Sec. 118.060):
9-25 for the clerk's certificate ........... $ 1.00
10-1 plus a fee per page or part of a page
10-2 of .................................. $ 1.00
10-3 (C) Noncertified Papers (Sec. 118.0605):
10-4 for each page or part of a page ....... $ 1.00
10-5 (D) Letters Testamentary, Letter of
10-6 Guardianship, Letter of
10-7 Administration, or Abstract of
10-8 Judgment (Sec. 118.061) ............. $ 2.00
10-9 (E) <(D)> Safekeeping of Wills (Sec.
10-10 118.062) ...................... $ 5.00
10-11 (F) <(E)> Mail Service of Process (Sec.
10-12 118.063) ............. same as sheriff
10-13 (d) Subchapter C, Chapter 118, Local Government Code, is
10-14 amended by adding Section 118.0605 to read as follows:
10-15 Sec. 118.0605. NONCERTIFIED PAPERS. (a) The fee for
10-16 "Noncertified Papers" under Section 118.052(3) is for issuing a
10-17 noncertified copy of a document.
10-18 (b) The fee must be paid at the time the order is placed.
10-19 (e) This section is contingent on the enactment by the
10-20 legislature and the becoming law of S.B. No. 1269 or H.B. No. 1743,
10-21 73rd Legislature, Regular Session, 1993. If neither of those bills
10-22 becomes law, this section has no effect.
10-23 SECTION 8. (a) Subchapter G, Chapter 12, Parks and Wildlife
10-24 Code, is amended by adding Section 12.6035 to read as follows:
10-25 Sec. 12.6035. PERMIT AND REGISTRATION FEES. The commission
11-1 by rule may establish fees for restricted wild animal permits
11-2 issued under this subchapter and registrations required of persons
11-3 holding a restricted wild animal under a permit not issued by the
11-4 department. The commission shall set the fees in amounts
11-5 sufficient to recover the costs to the department of administering
11-6 this subchapter, including the costs of maintaining and disposing
11-7 of restricted wild animals.
11-8 (b) This section is contingent on the enactment by the
11-9 legislature and the becoming law of S.B. No. 23, 73rd Legislature,
11-10 Regular Session, 1993. If that bill does not become law, this
11-11 section has no effect.
11-12 SECTION 9. (a) Subchapter Q, Chapter 43, Parks and Wildlife
11-13 Code, as added by S.B. No. 521 or H.B. No. 2037, Acts of the 73rd
11-14 Legislature, Regular Session, 1993, is amended by adding Section
11-15 43.5821 to read as follows:
11-16 Sec. 43.5821. FEE. (a) The fee for a muzzleloader stamp is
11-17 $10 or a greater amount set by the commission as an amount
11-18 sufficient to recover the costs to the department of administering
11-19 this subchapter.
11-20 (b) Fifty cents of each fee collected under this chapter may
11-21 be retained as a collection fee by an agent of the department other
11-22 than a department employee.
11-23 (c) After deduction of any collection fee, the net receipts
11-24 from stamp sales shall be sent to the department.
11-25 (b) This section is contingent on the enactment by the
12-1 legislature and the becoming law of S.B. No. 521 or H.B. No. 2037,
12-2 73rd Legislature, Regular Session, 1993. If neither of those bills
12-3 becomes law, this section has no effect.
12-4 SECTION 10. (a) Subchapter A, Chapter 46, Parks and
12-5 Wildlife Code, is amended by adding Section 46.0045 to read as
12-6 follows:
12-7 Sec. 46.0045. TAG FEES. The commission by rule may
12-8 establish fees for initial and duplicate tags issued under this
12-9 subchapter and issuance and/or collection fees for the license
12-10 deputies issuing the tags. The commission shall set the fees in
12-11 amounts sufficient to recover the costs to the department of this
12-12 program.
12-13 (b) This section is contingent on the enactment by the
12-14 legislature and the becoming law of S.B. No. 441, 73rd Legislature,
12-15 Regular Session, 1993. If that bill does not become law, this
12-16 section has no effect.
12-17 SECTION 11. Section 5.235, Water Code, is amended to read as
12-18 follows:
12-19 Sec. 5.235. Fees. (a) The executive director shall charge
12-20 and collect the fees prescribed by law <this section>. The
12-21 executive director shall make a record of fees prescribed when due
12-22 and shall render an account to the person charged with the fees.
12-23 Each fee is a separate charge and is in addition to other fees
12-24 unless provided otherwise.
12-25 (b) Notwithstanding any provision of law to the contrary,
13-1 the commission by rule may establish due dates, schedules, and
13-2 procedures for the assessment, collection, and remittance of fees
13-3 due the commission to ensure the cost-effective administration of
13-4 revenue collection and cash management programs.
13-5 (c) Notwithstanding any provision of law to the contrary,
13-6 the commission by rule shall establish uniform and consistent
13-7 requirements for the assessment of penalties and interest for late
13-8 payment of fees owed the state under the commission's jurisdiction.
13-9 Penalties and interest established under this section shall not
13-10 exceed rates established for delinquent taxes under Sections
13-11 111.060 and 111.061, Tax Code.
13-12 (d) Except as otherwise <specifically> provided by law <this
13-13 section>, the commission may collect a fee from a person who
13-14 receives a service from the commission. For the purpose of this
13-15 section, the services may include the publication of public notice
13-16 and the review and processing of applications, petitions,
13-17 registrations, certifications, or other forms of approval received
13-18 from the commission or the performance of related technical or
13-19 administrative services <fee for filing an application or petition
13-20 is $100 plus the cost of any required notice. The fee for a
13-21 by-pass permit shall be set by the commission at a reasonable
13-22 amount to recover costs, but not less than $100>.
13-23 (e) A fee under this section shall be set by rule of the
13-24 commission and may not exceed the demonstrable costs of the
13-25 commission in providing the service rendered <(c) The fee for
14-1 filing a water permit application is $100 plus the cost of required
14-2 notice>.
14-3 (f) Except as otherwise provided by law, a fee assessed
14-4 under this section shall be deposited to the credit of the Texas
14-5 Natural Resource Conservation Commission operating account within
14-6 the general revenue fund and may be appropriated only to the
14-7 commission for the purpose of services provided by the commission.
14-8 The commission shall maintain records of income and expense to
14-9 ensure that fees are expended for the purposes intended under this
14-10 section and demonstrate the costs recovered <(d) The fee for
14-11 filing an application for fixing or adjusting rates is $100 plus
14-12 the cost of required notice>.
14-13 (g) <(e)> A person who files with the commission a petition
14-14 for the creation of a water district or addition of sewage and
14-15 drainage powers or a resolution for a water district conversion
14-16 must pay a one-time nonrefundable application fee. The commission
14-17 by rule may set the application fee in an amount not to exceed the
14-18 costs of reviewing and processing the application <$700>, plus the
14-19 cost of required notice. This fee is the only fee that the
14-20 commission may charge with regard to the processing of an
14-21 application for creation of a water district, addition of sewage or
14-22 drainage powers, or conversion under this code.
14-23 (h) <(f)> A person who files a bond issue application with
14-24 the commission must pay an application fee set by the commission.
14-25 The commission by rule may set the application fee in an amount not
15-1 to exceed the costs of reviewing and processing the application
15-2 <$500>, plus the cost of required notice. If the bonds are
15-3 approved by the commission, the seller shall pay to the commission
15-4 a percentage of the bond proceeds not later than the seventh
15-5 business day after receipt of the bond proceeds. The commission by
15-6 rule may set the percentage of the proceeds in an amount not to
15-7 exceed 0.25 percent of the principal amount of the bonds actually
15-8 issued. Revenue from these fees and application fees under
15-9 Subsection (g) of this section shall be deposited in the state
15-10 treasury and credited to the water utility <quality> fund.
15-11 Proceeds of the fees shall be used to supplement any other funds
15-12 available for paying expenses of the commission in supervising the
15-13 various bond and construction activities of the districts filing
15-14 the applications.
15-15 (i) <(g)> The fee for recording an instrument in the office
15-16 of the commission is $1.25 per page.
15-17 (j) <(h)> The fee for the use of water for irrigation is 50
15-18 cents per acre to be irrigated.
15-19 (k) <(i)> The fee for impounding water, except under Section
15-20 11.142 of this code, is 50 cents per acre-foot of storage, based on
15-21 the total holding capacity of the reservoir at normal operating
15-22 level.
15-23 (l) <(j)> The fee for other uses of water not specifically
15-24 named in this section is $1 per acre-foot, except that no political
15-25 subdivision may be required to pay fees to use water for recharge
16-1 of underground freshwater-bearing sands and aquifers or for
16-2 abatement of natural pollution.
16-3 (m) <(k)> A fee charged under Subsections (j) through (l) of
16-4 this section for one use of water under a permit from the
16-5 commission may not exceed $50,000 <$25,000>. The fee for each
16-6 additional use of water under a permit for which the maximum fee is
16-7 paid may not exceed $10,000 <$5,000>.
16-8 (n) <(l)> The fees prescribed by Subsections (j) <(h)>
16-9 through (l) <(j)> of this section are one-time fees, payable when
16-10 the application for an appropriation is made. However, if the
16-11 total fee for a permit exceeds $1,000, the applicant shall pay
16-12 one-half <one-tenth> of the fee when the application is filed and
16-13 one-half<, one-tenth> within 180 <30> days after notice is mailed
16-14 to him that the permit is granted<, and the balance before he
16-15 begins to use water under the permit>. If the applicant does not
16-16 pay all of the amount owed before beginning to use water under the
16-17 permit, the permit is annulled.
16-18 (o) <(m)> If a permit is annulled, the matter reverts to the
16-19 status of a pending, filed application and, on the payment of use
16-20 fees as provided by Subsections (j) through (n) of this section
16-21 <this subsection> together with sufficient postage fees for mailing
16-22 notice of hearing, the commission shall set the application for
16-23 hearing and proceed as provided by this code.
16-24 (p) <(n)>(1) Each provider of potable water or sewer utility
16-25 service shall collect a regulatory assessment from each retail
17-1 customer as follows:
17-2 (A) A public utility as defined in Section
17-3 13.002 of this code shall collect from each retail customer a
17-4 regulatory assessment equal to one percent of the charge for retail
17-5 water or sewer service.
17-6 (B) A water supply or sewer service corporation
17-7 as defined in Section 13.002 of this code shall collect from each
17-8 retail customer a regulatory assessment equal to one-half of one
17-9 percent of the charge for retail water or sewer service.
17-10 (C) A district as defined in Section 50.001 of
17-11 this code that provides potable water or sewer utility service to
17-12 retail customers shall collect from each retail customer a
17-13 regulatory assessment equal to one-half of one percent of the
17-14 charge for retail water or sewer service.
17-15 (2) The regulatory assessment may be listed on the
17-16 customer's bill as a separate item and shall be collected in
17-17 addition to other charges for utility services.
17-18 (3) The commission shall use the assessments collected
17-19 under this subsection <from districts> solely to pay costs and
17-20 expenses incurred by the commission in the regulation of districts,
17-21 water supply or sewer service corporations, and public utilities
17-22 under Chapter 13 of this code.
17-23 (4) <The commission shall use the assessments
17-24 collected from water supply or sewer service corporations solely to
17-25 pay costs and expenses incurred by the commission in the regulation
18-1 of water supply or sewer service corporations.>
18-2 <(5) The commission shall use the assessments
18-3 collected from public utilities solely to pay costs and expenses
18-4 incurred by the commission in the regulation of public utilities.>
18-5 <(6)> The commission shall annually use a portion of
18-6 the assessments to provide on-site technical assistance and
18-7 training to public utilities, water supply or sewer service
18-8 corporations, and districts. The commission may <shall> contract
18-9 with others to provide the services.
18-10 (5) The commission by rule may establish due dates,
18-11 collection procedures, and penalties for late payment related to
18-12 regulatory assessments under this subsection <(7) Except as
18-13 provided by Paragraph (A) of this subdivision, assessments
18-14 collected from retail customers for the prior 12 months are due on
18-15 January 15 of each year>. The executive director shall collect all
18-16 assessments from the utility service providers, and those funds
18-17 shall be paid into the state treasury and credited to the water
18-18 utility fund.
18-19 (6) <(A) A utility service provider may make quarterly
18-20 payments due on January 15, April 15, July 15, and October 15 of
18-21 each year. If payments are made quarterly and received by the
18-22 commission not later than the 30th day after the due date, the
18-23 utility service provider may retain an administrative fee equal to
18-24 10 percent of the amount due for costs incurred in collecting and
18-25 remitting the assessment.>
19-1 <(B) The commission shall assess on a utility
19-2 service provider a penalty equal to 10 percent of the amount due
19-3 for any payment received after January 31. Funds delinquent for
19-4 more than 30 days shall draw interest at the rate of 10 percent a
19-5 year on the assessment and penalty due.>
19-6 <(C)> The commission shall assess a penalty
19-7 against a municipality with a population of more than 1.5 million
19-8 that does not provide municipal water and sewer services in an
19-9 annexed area on or before 4-1/2 years after the annexation takes
19-10 effect in accordance with Section 43.056, Local Government Code. A
19-11 penalty assessed under this paragraph shall be not more than $1,000
19-12 for each day the services are not provided after 4-1/2 years after
19-13 the annexation. A penalty collected under this paragraph shall be
19-14 deposited to the credit of the water utility <into a special> fund
19-15 in the state treasury to be used to provide water and sewer service
19-16 to residents of the city.
19-17 (7) <(8)> The regulatory assessment does not apply to
19-18 water that has not been treated for the purpose of human
19-19 consumption.
19-20 SECTION 12. Subsection (a), Section 11A, The Real Estate
19-21 License Act (Article 6573a, Vernon's Texas Civil Statutes), is
19-22 amended to read as follows:
19-23 (a) Each of the following fees imposed by or under another
19-24 section of this Act is increased by $200:
19-25 (1) fee for filing an original application for an
20-1 individual <a> real estate broker license; and
20-2 (2) fee for annual renewal of an individual <a> real
20-3 estate broker license.
20-4 SECTION 13. (a) Section 5p, Chapter 88, General Laws, Acts
20-5 of the 41st Legislature, 2nd Called Session, 1929 (Article 6675a-1
20-6 et seq., Vernon's Texas Civil Statutes), as added by S.B. No. 1116,
20-7 Acts of the 73rd Legislature, Regular Session, 1993, is amended by
20-8 adding Subsections (f) through (i) to read as follows:
20-9 (f) The department shall set an annual fee for license
20-10 plates under this section in an amount that the department
20-11 estimates is three times the amount sufficient to recover the costs
20-12 of the department in issuing the plates. The fee is in addition to
20-13 the regular registration fee for the vehicle imposed by Section 5
20-14 of this Act and, if personalized prestige license plates are
20-15 issued, in addition to the fee imposed by Section 5c of this Act.
20-16 (g) The department shall deposit 65 percent of each fee
20-17 collected under this section in the state treasury to the credit of
20-18 an account in the general revenue fund to be known as the Texas
20-19 Environmental Education Advisory Committee account. Money in the
20-20 account may be used only for support of programs administered or
20-21 supported by the Central Education Agency under Section 11.53,
20-22 Education Code. Fees deposited under this subsection are
20-23 supplementary and are not income for purposes of reducing general
20-24 revenue appropriations to the Central Education Agency in the
20-25 General Appropriations Act.
21-1 (h) After the deposit provided for by Subsection (g) of this
21-2 section, the department shall deposit the remainder of each fee
21-3 collected under this section in the state treasury to the credit of
21-4 the state highway fund to be used only to defray the cost of
21-5 administering this section.
21-6 (i) If license plates issued under this section are lost,
21-7 stolen, or mutilated, the owner of the vehicle for which the plates
21-8 were issued may obtain replacement plates from the department by
21-9 paying a replacement fee of $5. If the owner of a vehicle for
21-10 which plates are issued under this section disposes of the vehicle
21-11 during a registration year, the owner shall return the special
21-12 license plates to the department.
21-13 (b) This section is contingent on the enactment by the
21-14 legislature and the becoming law of S.B. No. 1116, 73rd
21-15 Legislature, Regular Session, 1993. If that bill does not become
21-16 law, this section has no effect.
21-17 SECTION 14. Subchapter C, Chapter 161, Agriculture Code, is
21-18 amended by adding Section 161.053 to read as follows:
21-19 Sec. 161.053. FEES. The commission by rule may adopt
21-20 reasonable fees to the extent necessary to recover the costs of
21-21 carrying out its duties under this code.
21-22 SECTION 15. (a) Except as provided by Subsections (b) and
21-23 (c) of this section, this Act takes effect immediately.
21-24 (b) Sections 2, 3, 5, 7, 8, 9, 10, 11, 13, and 14 of this
21-25 Act take effect September 1, 1993.
22-1 (c) Section 6 of this Act takes effect January 1, 1994.
22-2 SECTION 16. (a) The changes in law made by this Act in the
22-3 amount or application of a fee apply only to a fee that becomes due
22-4 on or after the effective date of the change and, as applicable,
22-5 the effective date of a rule adopted under the change. A fee that
22-6 became due before the effective date of the change in law made by
22-7 this Act in the fee is governed by the law as it existed when the
22-8 fee became due, and the former law is continued in effect for that
22-9 purpose.
22-10 (b) Subchapter E, Chapter 102, Code of Criminal Procedure,
22-11 as added by this Act, applies only to the imposition of a court
22-12 cost following the conviction of a person for an offense committed
22-13 on or after the effective date of that subchapter.
22-14 SECTION 17. The importance of this legislation and the
22-15 crowded condition of the calendars in both houses create an
22-16 emergency and an imperative public necessity that the
22-17 constitutional rule requiring bills to be read on three several
22-18 days in each house be suspended, and this rule is hereby suspended,
22-19 and that this Act take effect and be in force according to its
22-20 terms, and it is so enacted.