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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters related to health and human |
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services and state agencies administering health and human services |
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programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. FEES ASSESSED BY CERTAIN HEALTH AND HUMAN SERVICES |
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AGENCIES FOR LICENSING, REGISTRATION, AND OTHER SERVICES |
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SECTION 1.01. Section 12.0111, Health and Safety Code, is |
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amended by adding Subsections (e) and (f) to read as follows: |
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(e) Notwithstanding any other provision of law that places a |
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limit on the amount of a fee that the department or a regulatory |
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board or other agency under the jurisdiction of the department or |
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administratively attached to the department may charge for issuing |
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or renewing a license, the executive commissioner of the Health and |
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Human Services Commission, on or after September 1, 2011, may adopt |
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rules increasing fees for issuing or renewing a license by up to |
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five percent above the amount assessed immediately before September |
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1, 2011. |
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(f) Subsection (e) expires on September 1, 2013, at which |
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time fees for issuing or renewing a license shall revert to the |
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amount assessed immediately before September 1, 2011. |
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SECTION 1.02. Section 12.032, Health and Safety Code, is |
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amended by amending Subsection (c) and adding Subsections (f) and |
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(g) to read as follows: |
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(c) A [The amount of a] fee charged for a public health |
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service must be set in an amount necessary to recover, at a minimum, |
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all costs [may not exceed the cost] to the department of |
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administering [providing] the service. |
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(f) Notwithstanding any other provision of law that places a |
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limit on the amount of a fee charged for a public health service, |
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the executive commissioner of the Health and Human Services |
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Commission, on or after September 1, 2011, may adopt rules |
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increasing fees for public health services administered by the |
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department by up to 12 percent above the amount assessed |
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immediately before September 1, 2011. |
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(g) Subsection (f) expires on September 1, 2013, at which |
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time fees for public health services administered by the department |
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shall revert to the amount assessed immediately before September 1, |
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2011. |
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SECTION 1.03. Section 42.054, Human Resources Code, is |
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amended by amending Subsections (a) through (e) and adding |
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Subsection (h) to read as follows: |
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(a) The department shall charge an applicant a |
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nonrefundable application fee of $105 [$35] for an initial license |
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to operate a child-care facility or a child-placing agency. |
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(b) The department shall charge each child-care facility a |
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fee of $105 [$35] for an initial license. The department shall |
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charge each child-placing agency a fee of $150 [$50] for an initial |
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license. |
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(c) The department shall charge each licensed child-care |
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facility an annual license fee in the amount of $105 [$35] plus $3 |
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[$1] for each child the child-care facility is permitted to serve. |
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The fee is due on the date on which the department issues the |
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child-care facility's initial license and on the anniversary of |
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that date. |
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(d) The department shall charge each licensed child-placing |
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agency an annual license fee of $300 [$100]. The fee is due on the |
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date on which the department issues the child-placing agency's |
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initial license and on the anniversary of that date. |
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(e) The department shall charge each family home that is |
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listed or registered with the department an annual fee to cover a |
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part of the department's cost in regulating family homes. The |
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amount of the fee is $60 [$20] for a listed home or $105 [$35] for a |
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registered home. The fee is due on the date on which the department |
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initially lists or registers the home and on the anniversary of that |
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date. |
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(h) On September 1, 2013, the fees described in Subsections |
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(a)-(e) shall revert to the amount assessed immediately before |
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September 1, 2011. |
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SECTION 1.04. Section 42.054, Human Resources Code, as |
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amended by this article, applies to an application filed with the |
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Department of Family and Protective Services, or an initial or |
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annual license fee assessed by the department, on or after the |
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effective date of this Act. An application filed or a licensing fee |
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assessed before that date is governed by the law in effect on the |
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date the application was filed or the licensing fee was assessed, |
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and the former law is continued in effect for that purpose. |
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ARTICLE 2. EFFECTIVE DATE |
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SECTION 2.01. This Act takes effect September 1, 2011. |