1-1     By:  Burnam, Olivo (Senate Sponsor - Moncrief)         H.B. No. 957
 1-2           (In the Senate - Received from the House March 15, 2001;
 1-3     March 19,  2001, read first time and referred to Committee on
 1-4     Business and Commerce; March 26, 2001, rereferred to Committee on
 1-5     Health and Human Services; April 23, 2001, reported favorably by
 1-6     the following vote:  Yeas 5, Nays 0; April 23, 2001, sent to
 1-7     printer.)
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to fees for food service establishment permits.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  Section 437.012, Health and Safety Code, is
1-13     amended by amending Subsection (b) and adding Subsections (f), (g),
1-14     and (h) to read as follows:
1-15           (b)  Except as provided by Subsection (f), the [The] fee
1-16     charged by a county or public health district for issuing or
1-17     renewing a permit may not exceed $150 [or the highest fee charged
1-18     by a municipality in the county or public health district,
1-19     whichever amount is less].
1-20           (f)  A county or public health district may, by rule or
1-21     order, adopt a variable scale to determine the fee charged for a
1-22     permit under this section.  In adopting a rule or order under this
1-23     subsection, the county or public health district may consider:
1-24                 (1)  the size of the food service establishment, retail
1-25     food store, mobile food unit, or roadside food vendor;
1-26                 (2)  the number of people employed at the food service
1-27     establishment, retail food store, mobile food unit, or roadside
1-28     food vendor; and
1-29                 (3)  the gross sales of the food service establishment,
1-30     retail food store, mobile food unit, or roadside food vendor.
1-31           (g)  A fee charged under Subsection (f) may not exceed $300.
1-32           (h)  The fee charged to a child care facility under this
1-33     section may not exceed $150.
1-34           SECTION 2.  This Act takes effect September 1, 2001, and
1-35     applies only to permits issued or renewed on or after that date.
1-36     Permits issued or renewed before the effective date of this Act are
1-37     covered by the law in effect on the date the permit is issued or
1-38     renewed, and the former law is continued in effect for that
1-39     purpose.
1-40                                  * * * * *