HBA-NLM H.B. 1124 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1124 By: Hamric County Affairs 3/7/1999 Introduced BACKGROUND AND PURPOSE Currently, counties operate under the doctrine that the power to issue a license includes the power to impose license fees for issuing the license, unless otherwise denied in the applicable statute. However, recent attorney general opinions contradict the powers under which counties have historically operated. H.B. 1124 authorizes the commissioners court of a county to set a reasonable fee for issuing a license, permit, registration, or other similar form of permission authorized by a statute but for which a fee is not specifically prescribed by statute. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subchapter A, Chapter 118, Local Government Code, by adding Section 118.003, as follows: Sec. 118.003. FEE NOT SPECIFICALLY PRESCRIBED BY STATUTE. Authorizes the commissioners court of a county to set a reasonable fee for issuing a license, permit, registration, or other similar form of permission authorized by a statute but for which a fee is not specifically prescribed by statute. Prohibits the commissioners court, in determining a reasonable fee, from setting the fee in an amount that is greater than is necessary to recover the expenses of regulating the activity for which the license, permit, registration, or other similar form of permission is issued. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.