HBA-TBM H.B. 957 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 957
By: Burnam
County Affairs
7/25/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the fee a county or public health district
may charge for restaurant health inspections was limited to $150 or the
highest fee charged by a municipality in the county, whichever amount was
less.  This fee often did not cover the cost of inspections, based on the
time and personnel required to conduct them.  House Bill 957 authorizes a
county or heath district to adopt a variable scale with a maximum limit of
$300 to determine the appropriate fee. 

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. 

ANALYSIS

House Bill 957 amends the Health and Safety Code to authorize a county or
public health district to adopt, by rule or order, a variable scale to
determine the fee charged for issuing or renewing a permit for a food
service establishment, retail food store, mobile food unit, or roadside
vendor (establishment).  The county or health district is authorized to
consider an establishment's size, gross sales, and the number of employees
when adopting a variable scale.  The bill prohibits the fee charged as a
result of a variable scale from being more than $300.  The bill prohibits
the fee charged to a child care facility from exceeding $150.   

EFFECTIVE DATE

September 1, 2001.