81R3637 JRD-D
 
  By: Watson S.B. No. 738
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a state agency review and analysis of the revenue
  sources that pay for the agency's functions and the adjustment by
  certain agencies of fee amounts.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 2056, Government Code, is amended by
  adding Section 2056.0023 to read as follows:
         Sec. 2056.0023.  ANALYSIS OF REVENUE SOURCES. As part of the
  strategic plan required under Section 2056.002, a state agency
  shall:
               (1)  review the agency's functions that are paid for
  wholly by general revenue and determine whether any of those
  functions could appropriately be paid for wholly or partly by fees
  or other sources of revenue;
               (2)  review the agency's functions that currently are
  paid for wholly or partly by sources of revenue other than general
  revenue, including fee revenue, and determine whether those sources
  of revenue could appropriately be increased; and
               (3)  for an agency function that the agency determines
  could appropriately be paid for wholly or partly by charging a new
  fee or by increasing the amount of an existing fee:
                     (A)  recommend the appropriate fee amounts;
                     (B)  describe who would pay the new fee or the
  increased fee; and
                     (C)  estimate the amount of revenue that would be
  received from the recommended fee amounts.
         SECTION 2.  Section 316.045(b), Government Code, is amended
  to read as follows:
         (b)  If the agency determines that the fees are set at a level
  that [exceeds the administrative costs of the agency] as of the date
  of the review exceeds the sum of the direct costs to the agency to
  provide the services or regulate the activities for which the fees
  are charged and the indirect costs to state government that could
  appropriately be allocated to the provision of those services or
  the regulation of those activities, the agency shall reduce the
  amount of the affected fees to the appropriate level and shall
  charge the reduced fees during the subsequent biennium. Each
  agency shall give specific recognition to reductions in salary
  expenses resulting from statutorily directed employee attrition.
         SECTION 3.  This Act takes effect September 1, 2009.