HBA-MPM H.B. 2037 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 2037
By: Gray
Public Health
7/30/1999
Enrolled



BACKGROUND AND PURPOSE 

Current law allows for the collection of home and community support
licensing fees in amounts reasonable to administer Chapter 142 (Home and
Community Support Services), Health and Safety Code.  However, prior to the
76th Legislature, the law did not allow for the collection of fees from
applicants who did not submit applications in a timely manner.
Approximately five percent of the 2,400 annual renewal applications were
not being submitted in a timely manner.  H.B. 2037 allows the Texas
Department of Health to assess and collect late fees for late renewal
applications.   

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 142, Health and Safety Code, by
adding Section 142.0105, as follows: 

Sec. 142.0105.  LICENSE RENEWAL.  (a) Authorizes a person who is otherwise
eligible to renew a license to renew an unexpired license by paying the
required renewal fee to the Texas Department of Health (TDH) before the
expiration date of the license.  Prohibits a person whose license has
expired from engaging in activities that require a license until the
license has been renewed. 

(b) Authorizes a person whose license has been expired for 90 days or less
to renew the license by paying to TDH a renewal fee that is equal to 1-1/2
times the normally required renewal fee. 

(c) Authorizes a person whose license has been expired for more than 90
days to obtain a new license by complying with the requirements and
procedures for obtaining an original license.   

(d) Requires TDH, not later than the 60th day before the date a person's
license is scheduled to expire, to send written notice of the impending
expiration to the person at the person's last known address according to
the records of TDH. 

SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.