HBA-JEK C.S.H.B. 2937 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2937
By: Kitchen
County Affairs
4/8/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Many counties impose licensing fees that are neither specifically
authorized nor prohibited by law.  Recent attorney general opinions
indicate that counties, like state licensing agencies, may not prescribe
any fee which is not specifically authorized by statute.  C.S.H.B. 2937
authorizes the commissioners court of a county to set a reasonable fee for
issuing a permit regarding flood insurance or roads and bridges that is
authorized by statute but for which a fee is not specifically prescribed. 

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

C.S.H.B. 2937 amends the Transportation and Water codes to authorize the
commissioners court of a county to set a fee for issuing a permit
authorized by the Flood Control and Insurance Act or regarding county
authority over roads and bridges that is authorized by statute but does not
have a fee specifically prescribed by statute.  The bill provides that the
permit fees must be set and itemized in the county's budget as part of the
budget preparation process. 

EFFECTIVE DATE

September 1, 2001.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2937 differs from the original bill by limiting the authority of a
commissioners court of a county to set a fee for a permit authorized by
statute but for which no fee is specifically prescribed to permits
regarding flood insurance or roads and bridges.  The substitute removes the
stipulation that prohibited the commissioners court from setting a fee in
an amount greater than necessary to recover the expense of regulating the
activity for which the license is issued and adds that a fee must be set
and itemized in the county's budget as part of the budget preparation
process.