BWH H.B. 708 75(R)BILL ANALYSIS COUNTY AFFAIRS H.B. 708 By: Hamric 2-27-97 Committee Report (Unamended) BACKGROUND Current law allows county or public health districts to require fees for issuing or renewing permits, but the fees are capped at $150. For counties such as Harris County, costs vary up to $350 to inspect higher-risk establishments. The Texas Department of Health, meanwhile, can recover at least 50 percent of its costs on fees charged for permits and for inspections, and no cap exists on the fee structure. Municipalities also have broader authority to set fees. PURPOSE The bill 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 of 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. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Adds Section 437.0123 to the Health and Safety Code as follows: 1) New Sec. 437.0123(a) allows a county that has a population of at least 2.8 million or a public health district at least part of which is in a county that has a population of at least 2.8 million to require payment of a fee for issuing or renewing a permit or for performing an inspection to enforce inspections; 2) New Sec. 437.0123(b) requires the county or public health district that assesses a fee to set it in an amount that allows it to recover at least 50 percent of its annual expenditures for actions related to the permit; 3) New Sec. 437.0123(c) prohibits the fee from exceeding the highest fee charged by a municipality in the county or public health district; 4) New Sec. 437.0123(d) requires fees collected by a county to be deposited to the credit of a special fund of the county, and fees collected by a public health district to be deposited to the credit of a special fund created by the cooperative agreement under which the district operates; and 5) New Sec. 437.0123(e) requires the fees to be spent only for reviewing and acting on a permit, amending or renewing a permit, and inspecting a facility. SECTION 2. Adds Subsection (e) to Section 437.012, Health and Safety Code, to make the section inapplicable to a county or public health district covered by Section 437.0123. SECTION 3. Effective date: September 1, 1997. Applies only to a fee charged after the effective date. Provides that a fee charged before the effective date is governed by the law in effect when the fee was charged. Continues the former law in effect for that purpose. SECTION 4. Emergency clause.