HBA-NLM H.B. 1124 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1124
By: Hamric
County Affairs
3/7/1999
Introduced



BACKGROUND AND PURPOSE 

Currently, counties operate under the doctrine that the power to issue a
license includes the power to impose license fees for issuing the license,
unless otherwise denied in the applicable statute. However, recent attorney
general opinions contradict the powers under which counties have
historically operated.  H.B. 1124 authorizes the commissioners court of a
county to set a reasonable fee for issuing a license, permit, registration,
or other similar form of permission authorized by a statute but for which a
fee is not specifically prescribed by statute. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 118, Local Government Code, by
adding Section 118.003, as follows: 

Sec. 118.003.  FEE NOT SPECIFICALLY PRESCRIBED BY STATUTE.  Authorizes the
commissioners court of a county to set a reasonable fee for issuing a
license, permit, registration, or other similar form of permission
authorized by a statute but for which a fee is not specifically prescribed
by statute.  Prohibits the commissioners court, in determining a reasonable
fee, from setting the fee in an amount that is greater than is necessary to
recover the expenses of regulating the activity for which the license,
permit, registration, or other similar form of permission is issued. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.