77R6876 JAT-D                           
         By Burnam, Olivo                                       H.B. No. 957
         Substitute the following for H.B. No. 957:
         By Ramsay                                          C.S.H.B. No. 957
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to fees for food service establishment permits.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  Section 437.012, Health and Safety Code, is
 1-5     amended by amending Subsection (b) and adding Subsections (f) and
 1-6     (g) to read as follows:
 1-7           (b)  Except as provided by Subsection (f), the [The] fee
 1-8     charged by a county or public health district for issuing or
 1-9     renewing a permit may not exceed $150 [or the highest fee charged
1-10     by a municipality in the county or public health district,
1-11     whichever amount is less].
1-12           (f)  A county or public health district may, by rule or
1-13     order, adopt a variable scale to determine the fee charged for a
1-14     permit under this section.  In adopting a rule or order under this
1-15     subsection, the county or public health district may consider:
1-16                 (1)  the size of the food service establishment, retail
1-17     food store, mobile food unit, or roadside food vendor;
1-18                 (2)  the number of people employed at the food service
1-19     establishment, retail food store, mobile food unit, or roadside
1-20     food vendor; and
1-21                 (3)  the gross sales of the food service establishment,
1-22     retail food store, mobile food unit, or roadside food vendor.
1-23           (g)  A fee charged under Subsection (f) may not exceed $300.
1-24           SECTION 2.  This Act takes effect September 1, 2001, and
 2-1     applies only to permits issued or renewed on or after that date.
 2-2     Permits issued or renewed before the effective date of this Act are
 2-3     covered by the law in effect on the date the permit is issued or
 2-4     renewed, and the former law is continued in effect for that
 2-5     purpose.