BILL ANALYSIS


                                                        S.B. 1117
                                                       By: Bivins
                                                Natural Resources
                                                         03-30-95
                                     Committee Report (Unamended)
BACKGROUND

The Texas Department of Agriculture has developed policies which
allow refunds for mistaken payments, but this does not include
license fees sent by applicants who later determine that they do
not want or need a license.  Questions have arisen about whether
the department has the authority to issue these refunds.

PURPOSE

As proposed, S.B. 1117 authorizes the Texas Department of
Agriculture, by rule, to provide for the full or partial refund of
a fee collected by the department.

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is granted
to the Texas Department of Agriculture under SECTION 1 (Section
12.032, Agriculture Code) of this bill.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 12, Agriculture Code, by adding Section
12.032, as follows:

     Sec.  12.032.  REFUND OF FEES.  Authorizes the Texas
     Department of Agriculture, by rule, to provide for the full or
     partial refund of a fee collected by the department.
     
     SECTION 2.     Amends Section 13.255(b), Agriculture Code, to require
a state public weigher to submit a fee, rather than a nonrefundable
fee, of $400 with the certificate of authority application.  Makes
a conforming change.

SECTION 3. Amends Sections 13.304(a) and (b), Agriculture Code, to
make conforming changes.

SECTION 4. Amends Sections 13.354(a) and (b), Agriculture Code, to
make conforming changes.

SECTION 5. Amends Section 14.005(b), Agriculture Code, to make a
conforming change.

SECTION 6. Amends Section 18.003(b), Agriculture Code, to make a
conforming change.

SECTION 7. Amends Section 18.004(b), Agriculture Code, to make a
conforming change.

SECTION 8. Amends Section 57.103(b), Agriculture Code, to make a
conforming change.

SECTION 9. Amends Section 62.005(d), Agriculture Code, to make a
conforming change.

SECTION 10.    Amends Section 62.006(a), Agriculture Code, to make
a conforming change.

SECTION 11.    Amends Section 64.006(a), Agriculture Code, to make
a conforming change.

SECTION 12.    Amends Section 71.043(b), Agriculture Code, to make
a conforming change.

SECTION 13.    Amends Section 71.057(e), Agriculture Code, to make
a conforming change.

SECTION 14.    Amends Section 76.044(a), Agriculture Code, to make
a conforming change.

SECTION 15.    Amends Section 76.073(a), Agriculture Code, to make
a conforming change.

SECTION 16.    Amends Section 76.106(c), Agriculture Code, to make
a conforming change.

SECTION 17.    Amends Section 76.108(b), Agriculture Code, to make
a conforming change.

SECTION 18.    Amends Section 76.109(b), Agriculture Code, to make
a conforming change.

SECTION 19.    Amends Section 76.112(e), Agriculture Code, to make
a conforming change.

SECTION 20.    Emergency clause.
           Effective date: upon passage.