HBA-JEK H.B. 2937 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2937
By: Kitchen
County Affairs
3/30/2001
Introduced



BACKGROUND AND PURPOSE 

Many counties impose licensing fees that are neither specifically
authorized nor prohibited by law.  Recent attorney general opinions
indicate that counties, like state licensing agencies, may not prescribe
any fee which is not specifically authorized by statute.  House Bill 2937
authorizes the commissioners court of a county to set a reasonable fee for
issuing a license, permit, or registration that is authorized by statute
but for which a fee is not specifically prescribed. 

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. 

ANALYSIS

House Bill 2937 amends the Local Government Code to authorize the
commissioners court of a county to set a reasonable fee for issuing a
license, permit, or registration that is authorized by statute but does not
have a fee specifically prescribed by statute.  The bill prohibits the
commissioners court from setting the fee in an amount that is greater than
necessary to recover the expenses of regulating the activity for which the
license, permit, or registration is issued. 

EFFECTIVE DATE

September 1, 2001.