HBA-JEK C.S.S.B. 1308 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.S.B. 1308 By: Barrientos County Affairs 5/5/2001 Committee Report (Substituted) 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. C.S.S.B. 1308 authorizes the commissioners court of a county to set a reasonable fee for issuing a permit regarding flood insurance or roads and bridges 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 C.S.S.B. 1308 amends the Transportation and Water codes to authorize the commissioners court of a county to set a fee for issuing a permit authorized by the Flood Control and Insurance Act or regarding county authority over roads and bridges that is authorized by statute but does not have a fee specifically prescribed by statute. The bill provides that the permit fees must be set and itemized in the county's budget as part of the budget preparation process. EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.S.B. 1308 differs from the original bill by providing that a fee must be set and itemized in the county's budget as part of the budget preparation process.