BILL ANALYSIS

H.B. 2077

By: Dutton

Urban Affairs

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Interested parties note that increases and additions to a city's fee schedule are routinely made because of changes in the staff time or costs associated with providing the requested service and that these fees are implemented without citizen input. The parties contend that citizens have a right to know what fees are being charged, the amount of the fees being charged, and how the fees are being charged and a right to the opportunity to have input on those fees.  H.B. 2077 seeks to ensure that the public has access to information regarding municipal fees in certain municipalities.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2077 amends the Local Government Code to add provisions, applicable only to a municipality with a population of 1.9 million or more, abolishing a municipal fee on the second anniversary of the date the fee is adopted or most recently reauthorized unless the governing body of the municipality holds a public hearing on the reauthorization of the fee and reauthorizes the fee by a majority vote of the governing body before that date.  The bill defines "municipal fee" as any fee, charge, assessment, or similar payment required by a municipality for a municipal service, authorization, permit, license, registration, certification, filing, or similar municipal action or approval.

H.B. 2077 prohibits such a municipality from increasing the amount of a municipal fee unless the governing body of the municipality holds a public hearing on the increase and adopts the increase by a majority vote of the governing body. The bill requires a municipality to annually prepare and publish a municipal fee report that lists each municipal fee by name and states certain information relating to the fee.  The bill requires the governing body of a municipality to take action to ensure that the report is made available for inspection at the city hall by any person, is posted continuously on the municipality's Internet website, and is mailed to each member of the legislature whose legislative district includes any part of the municipality.

H.B. 2077 abolishes on September 1, 2015, a municipal fee that exists on the bill's effective date unless the fee is reauthorized before September 1, 2015. 

EFFECTIVE DATE

September 1, 2013.