1-1 By: Hamric (Senate Sponsor - Lindsay) H.B. No. 708 1-2 (In the Senate - Received from the House April 14, 1997; 1-3 April 16, 1997, read first time and referred to Committee on 1-4 Intergovernmental Relations; April 29, 1997, reported favorably, as 1-5 amended, by the following vote: Yeas 10, Nays 0; April 29, 1997, 1-6 sent to printer.) 1-7 COMMITTEE AMENDMENT NO. 1 By: Lindsay 1-8 Amend H.B. 708 as follows: 1-9 (1) On page 1, line 34, following "district", add "or $300, 1-10 whichever amount is less". 1-11 A BILL TO BE ENTITLED 1-12 AN ACT 1-13 relating to certain county and public health district fees. 1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-15 SECTION 1. Chapter 437, Health and Safety Code, is amended 1-16 by adding Section 437.0123 to read as follows: 1-17 Sec. 437.0123. COUNTY AND PUBLIC HEALTH DISTRICT FEES IN 1-18 CERTAIN POPULOUS COUNTIES. (a) A county that has a population of 1-19 at least 2.8 million or a public health district at least part of 1-20 which is in a county that has a population of at least 2.8 million 1-21 may require the payment of a fee for issuing or renewing a permit 1-22 or for performing an inspection to enforce this chapter or a rule 1-23 adopted under this chapter. 1-24 (b) A county or public health district that requires payment 1-25 of a fee under Subsection (a) shall set the fee in an amount that 1-26 allows the county or district to recover at least 50 percent of the 1-27 annual expenditures by the county or district for: 1-28 (1) reviewing and acting on a permit; 1-29 (2) amending and renewing a permit; and 1-30 (3) inspecting a facility as provided by this chapter 1-31 and rules adopted under this chapter. 1-32 (c) Notwithstanding Subsection (b), the fee charged by a 1-33 county or public health district may not exceed the highest fee 1-34 charged by a municipality in the county or public health district. 1-35 (d) Fees collected by a county under this chapter shall be 1-36 deposited to the credit of a special fund of the county. Fees 1-37 collected by a public health district under this chapter shall be 1-38 deposited to the credit of a special fund created by the 1-39 cooperative agreement under which the district operates. 1-40 (e) Fees deposited as provided by this section may be spent 1-41 only for a purpose described by Subsection (b). 1-42 SECTION 2. Section 437.012, Health and Safety Code, is 1-43 amended by adding Subsection (e) to read as follows: 1-44 (e) This section does not apply to a county or public health 1-45 district covered by Section 437.0123. 1-46 SECTION 3. This Act takes effect September 1, 1997, and 1-47 applies only to a fee charged after the effective date of this Act. 1-48 A fee charged before the effective date of this Act is governed by 1-49 the law in effect when the fee was charged, and the former law is 1-50 continued in effect for that purpose. 1-51 SECTION 4. The importance of this legislation and the 1-52 crowded condition of the calendars in both houses create an 1-53 emergency and an imperative public necessity that the 1-54 constitutional rule requiring bills to be read on three several 1-55 days in each house be suspended, and this rule is hereby suspended. 1-56 * * * * *