1-1 AN ACT 1-2 relating to certain county and public health district fees. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Chapter 437, Health and Safety Code, is amended 1-5 by adding Section 437.0123 to read as follows: 1-6 Sec. 437.0123. COUNTY AND PUBLIC HEALTH DISTRICT FEES IN 1-7 CERTAIN POPULOUS COUNTIES. (a) A county that has a population of 1-8 at least 2.8 million or a public health district at least part of 1-9 which is in a county that has a population of at least 2.8 million 1-10 may require the payment of a fee for issuing or renewing a permit 1-11 or for performing an inspection to enforce this chapter or a rule 1-12 adopted under this chapter. 1-13 (b) A county or public health district that requires payment 1-14 of a fee under Subsection (a) shall set the fee in an amount that 1-15 allows the county or district to recover at least 50 percent of the 1-16 annual expenditures by the county or district for: 1-17 (1) reviewing and acting on a permit; 1-18 (2) amending and renewing a permit; and 1-19 (3) inspecting a facility as provided by this chapter 1-20 and rules adopted under this chapter. 1-21 (c) Notwithstanding Subsection (b), the fee charged by a 1-22 county or public health district may not exceed the highest fee 1-23 charged by a municipality in the county or public health district 1-24 or $300, whichever amount is less. 2-1 (d) Fees collected by a county under this chapter shall be 2-2 deposited to the credit of a special fund of the county. Fees 2-3 collected by a public health district under this chapter shall be 2-4 deposited to the credit of a special fund created by the 2-5 cooperative agreement under which the district operates. 2-6 (e) Fees deposited as provided by this section may be spent 2-7 only for a purpose described by Subsection (b). 2-8 SECTION 2. Section 437.012, Health and Safety Code, is 2-9 amended by adding Subsection (e) to read as follows: 2-10 (e) This section does not apply to a county or public health 2-11 district covered by Section 437.0123. 2-12 SECTION 3. This Act takes effect September 1, 1997, and 2-13 applies only to a fee charged after the effective date of this Act. 2-14 A fee charged before the effective date of this Act is governed by 2-15 the law in effect when the fee was charged, and the former law is 2-16 continued in effect for that purpose. 2-17 SECTION 4. The importance of this legislation and the 2-18 crowded condition of the calendars in both houses create an 2-19 emergency and an imperative public necessity that the 2-20 constitutional rule requiring bills to be read on three several 2-21 days in each house be suspended, and this rule is hereby suspended. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 708 was passed by the House on April 11, 1997, by a non-record vote; and that the House concurred in Senate amendments to H.B. No. 708 on May 7, 1997, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 708 was passed by the Senate, with amendments, on May 5, 1997, by the following vote: Yeas 31, Nays 0. _______________________________ Secretary of the Senate APPROVED: _____________________ Date _____________________ Governor