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.