SRC-TNM H.B. 708 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 708
By: Hamric (Lindsay)
Intergovernmental Relations
4-23-97
Engrossed


DIGEST 

Currently, Texas law allows county or public health districts to require
fees, not to exceed $150, for issuing or renewing permits.  For counties
like Harris County, costs can reach up to $350 to inspect high-risk
establishments.  However, the Texas Department of Health can recover at
least 50 percent of its costs on fees charged for permits and inspections.
Additionally, there is no cap on the fee structure.  Municipalities also
have a relatively broad authority to set fees.  H.B. 708 would allow
county or public health districts in a county, with a population of at
least 2.8 million, to require a fee for inspections.  The fee would allow
the county or public health district to recover at least 50 percent of its
annual expenditures for reviewing and acting on permits, amending and
renewing permits, and conducting inspections. 
   
PURPOSE

As proposed, H.B. 708 outlines provisions regarding certain county and
public health district fees. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 437, Health and Safety Code, by adding Section
437.0123, as follows: 

Sec. 437.0123. COUNTY AND PUBLIC HEALTH DISTRICT FEES IN CERTAIN POPULOUS
COUNTIES.  Authorizes a county that has a population of at least 2.8
million or a public health district (district) at least part of which is
in a county that has a population of at least 2.8 million to require the
payment of a fee for issuing or renewing a permit or for performing an
inspection to enforce this chapter or a rule adopted under this chapter.
Requires a county or district that requires payment of a fee under
Subsection (a) to set the fee in an amount that allows the county or
district to recover at least 50 percent of the annual expenditures by the
county or district.  Prohibits the fee charged by a county or district
from exceeding the highest fee charged by a municipality in the county or
district notwithstanding Subsection (b).  Requires fees collected under
this chapter to be deposited to thc credit of a special fund of the
county.  Requires fees collected by a district under this chapter to be
deposited to the credit of a special find created by the cooperative
agreement under which the district operates.  Authorizes fees deposited as
provided by this section to be spent only for a purpose described by
Subsection (b). 

SECTION 2. Amends Section 437.012, Health and Safety Code, by adding
Subsection (e), to provide that this section does not apply to a county or
district covered by Section 437.0123. 

SECTION 3. Effective date: September 1, 1997.
  Makes application of this Act prospective.

SECTION 4. Emergency clause.