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.

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