By Gray H.B. No. 2038
76R2659 SKT-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to certain fees set by the Texas Board of Health.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 241.025, Health and Safety Code, is
1-5 amended to read as follows:
1-6 Sec. 241.025. LICENSE AND OTHER FEES. (a) The department
1-7 shall charge each hospital an annual license fee for an initial
1-8 license or a license renewal.
1-9 (b) The board by rule shall adopt the fees authorized by
1-10 Subsection (a) according to a schedule in which the number of beds
1-11 in the hospital determines the amount of the fee. [The fee may not
1-12 exceed $10 a bed, and the total fee may not be less than $200 or
1-13 more than $10,000.]
1-14 (c) The board by rule shall adopt a:
1-15 (1) temporary initial license fee;
1-16 (2) fee for hospital plan reviews; and
1-17 (3) fee for field surveys of construction plans
1-18 reviewed by the department.
1-19 (d) Fees adopted under this section must be in an amount
1-20 sufficient to cover the reasonable expenses [expense to the
1-21 department] of administering this chapter [issuing the license].
1-22 (e) [(d)] All [license] fees collected shall be deposited in
1-23 the state treasury to the credit of the department to administer
1-24 and enforce this chapter. These fees are hereby appropriated to
2-1 the department.
2-2 SECTION 2. Section 577.006(d), Health and Safety Code, is
2-3 amended to read as follows:
2-4 (d) The fees should be designed to recover all of the
2-5 department's cost in performing the department's duties under this
2-6 chapter [granting the initial license and in renewing the license,
2-7 but may not exceed $250].
2-8 SECTION 3. Section 11, Opticians' Registry Act (Article
2-9 4551-1, Vernon's Texas Civil Statutes), is amended to read as
2-10 follows:
2-11 Sec. 11. FEES; FUND. (a) The board by rule shall adopt
2-12 fees for [prescribe fees in the amounts necessary to administer
2-13 this Act, not to exceed]:
2-14 (1) [$50 for] an initial application for a
2-15 registration;
2-16 (2) [$20 for] the issuance of a certificate of
2-17 registration;
2-18 (3) [$30 for] the annual renewal certificate of
2-19 registration; and
2-20 (4) [$20 for] issuance of a duplicate certificate of
2-21 registration or renewal certificate of registration.
2-22 (b) Fees under this section must be prescribed in the
2-23 amounts necessary to administer this Act.
2-24 (c) The board shall deposit all amounts received under this
2-25 Act in the state treasury to the credit of a special fund known as
2-26 the optician registry fund. Money in that fund is hereby
2-27 appropriated to the department to be used by the Texas Department
3-1 of Health for the administration of this Act.
3-2 SECTION 4. Sections 241.104 and 577.006(e), Health and
3-3 Safety Code, are repealed.
3-4 SECTION 5. This Act applies only to a fee that is originally
3-5 due on or after the effective date of this Act. A fee that is
3-6 originally due before the effective date of this Act is governed by
3-7 the law as it existed immediately before the effective date of this
3-8 Act and that law is continued in effect for that purpose.
3-9 SECTION 6. This Act takes effect September 1, 1999.
3-10 SECTION 7. The importance of this legislation and the
3-11 crowded condition of the calendars in both houses create an
3-12 emergency and an imperative public necessity that the
3-13 constitutional rule requiring bills to be read on three several
3-14 days in each house be suspended, and this rule is hereby suspended.