By Hamric                                        H.B. No. 708

      75R2900 MCK-D                           

                                A BILL TO BE ENTITLED

 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           (d)  Fees collected by a county under this chapter shall be

 2-1     deposited to the credit of a special fund of the county.  Fees

 2-2     collected by a public health district under this chapter shall be

 2-3     deposited to the credit of a special fund created by the

 2-4     cooperative agreement under which the district operates.

 2-5           (e)  Fees deposited as provided by this section may be spent

 2-6     only for a purpose described by Subsection (b).

 2-7           SECTION 2.  Section 437.012, Health and Safety Code, is

 2-8     amended by adding Subsection (e) to read as follows:

 2-9           (e)  This section does not apply to a county or public health

2-10     district covered by Section 437.0123.

2-11           SECTION 3.  This Act takes effect September 1, 1997, and

2-12     applies only to a fee charged after the effective date of this Act.

2-13     A fee charged before the effective date of this Act is governed by

2-14     the law in effect when the fee was charged, and the former law is

2-15     continued in effect for that purpose.

2-16           SECTION 4.  The importance of this legislation and the

2-17     crowded condition of the calendars in both houses create an

2-18     emergency and an imperative public necessity that the

2-19     constitutional rule requiring bills to be read on three several

2-20     days in each house be suspended, and this rule is hereby suspended.