SRC-VRA C.S.H.B. 2350 78(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 2350
78R14747 JRD-FBy: Dawson (Nelson)
Health & Human Services
5/19/2003
Committee Report (Substituted)


DIGEST AND PURPOSE 

Current law for youth camp licensing caps the amount that may be charged
by the Texas Department of  Health (TDH) for issuing a license and
conducting inspections of youth camps.  Residential youth camps are
charged $40 and day youth camps are charged $25.  Currently, the program
does not generate sufficient  fees to cover the operating costs.  C.S.H.B.
2350 allows the Board of Health to set fees for youth camp licensees in an
amount that will reasonably cover the direct and indirect cost of
administering the program.   

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Board of Health in
SECTION 1 (Section 141.0035, Health and Safety Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 141, Health and Safety Code, by adding Section
141.0035, as follows: 
 
Sec. 141.0035.  LICENSE FEES.  (a)  Requires the Texas Board of Health
(board) by rule to establish the amount of the fee for obtaining or
renewing a license under this chapter. Requires the board to set the fee
in a reasonable amount designed to recover the direct and indirect costs
to the Texas Department of Health (TDH) of administering and enforcing
this chapter.  Authorizes the board to set fees in a different amount for
resident youth camps and day youth camps to reflect differences in the
costs of administering and enforcing this chapter for resident and day
camps. 

(b)  Requires the board, before adopting or amending a rule under
Subsection (a), to solicit comments and information from the operators of
affected youth camps and allow affected youth camp operators the
opportunity to meet with appropriate TDH staff who are involved with the
rulemaking process.   
 
SECTION 2.  Amends Section 141.004(a), Health and Safety Code, to require
a person, in order to obtain a license, to submit a license application
accompanied by a license fee in an amount set by the board, rather than
pay certain fees. 
 
SECTION 3.  Amends Section 141.005(b), Health and Safety Code, to require
the application to be accompanied by a renewal fee in an amount set by the
board, rather than $40 for a resident camp or $25 for a day camp. 
 
SECTION 4.  Requires the Texas Board of Health to adopt rules to implement
the change in law made by this Act as soon as practicable.  Requires the
Texas Department of Health, until the board's rules take effect, to
continue to charge the amounts prescribed for a license fee under Section
141.004 or 141.005, Health and Safety Code, as applicable, as those
sections existed immediately before the effective date of this Act, and
provides that the prior law is continued in effect for this purpose. 
 
SECTION 5.  Effective date:  September 1, 2003.