By: Ogden S.B. No. 1580
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to health and human
services and state agencies administering health and human services
programs.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FEES ASSESSED BY CERTAIN HEALTH AND HUMAN SERVICES
AGENCIES FOR LICENSING, REGISTRATION, AND OTHER SERVICES
SECTION 1.01. Section 12.0111, Health and Safety Code, is
amended by adding Subsections (e) and (f) to read as follows:
(e) Notwithstanding any other provision of law that places a
limit on the amount of a fee that the department or a regulatory
board or other agency under the jurisdiction of the department or
administratively attached to the department may charge for issuing
or renewing a license, the executive commissioner of the Health and
Human Services Commission, on or after September 1, 2011, may adopt
rules increasing fees for issuing or renewing a license by up to
five percent above the amount assessed immediately before September
1, 2011.
(f) Subsection (e) expires on September 1, 2013, at which
time fees for issuing or renewing a license shall revert to the
amount assessed immediately before September 1, 2011.
SECTION 1.02. Section 12.032, Health and Safety Code, is
amended by amending Subsection (c) and adding Subsections (f) and
(g) to read as follows:
(c) A [The amount of a] fee charged for a public health
service must be set in an amount necessary to recover, at a minimum,
all costs [may not exceed the cost] to the department of
administering [providing] the service.
(f) Notwithstanding any other provision of law that places a
limit on the amount of a fee charged for a public health service,
the executive commissioner of the Health and Human Services
Commission, on or after September 1, 2011, may adopt rules
increasing fees for public health services administered by the
department by up to 12 percent above the amount assessed
immediately before September 1, 2011.
(g) Subsection (f) expires on September 1, 2013, at which
time fees for public health services administered by the department
shall revert to the amount assessed immediately before September 1,
2011.
SECTION 1.03. Section 42.054, Human Resources Code, is
amended by amending Subsections (a) through (e) and adding
Subsection (h) to read as follows:
(a) The department shall charge an applicant a
nonrefundable application fee of $105 [$35] for an initial license
to operate a child-care facility or a child-placing agency.
(b) The department shall charge each child-care facility a
fee of $105 [$35] for an initial license. The department shall
charge each child-placing agency a fee of $150 [$50] for an initial
license.
(c) The department shall charge each licensed child-care
facility an annual license fee in the amount of $105 [$35] plus $3
[$1] for each child the child-care facility is permitted to serve.
The fee is due on the date on which the department issues the
child-care facility's initial license and on the anniversary of
that date.
(d) The department shall charge each licensed child-placing
agency an annual license fee of $300 [$100]. The fee is due on the
date on which the department issues the child-placing agency's
initial license and on the anniversary of that date.
(e) The department shall charge each family home that is
listed or registered with the department an annual fee to cover a
part of the department's cost in regulating family homes. The
amount of the fee is $60 [$20] for a listed home or $105 [$35] for a
registered home. The fee is due on the date on which the department
initially lists or registers the home and on the anniversary of that
date.
(h) On September 1, 2013, the fees described in Subsections
(a)-(e) shall revert to the amount assessed immediately before
September 1, 2011.
SECTION 1.04. Section 42.054, Human Resources Code, as
amended by this article, applies to an application filed with the
Department of Family and Protective Services, or an initial or
annual license fee assessed by the department, on or after the
effective date of this Act. An application filed or a licensing fee
assessed before that date is governed by the law in effect on the
date the application was filed or the licensing fee was assessed,
and the former law is continued in effect for that purpose.
ARTICLE 2. EFFECTIVE DATE
SECTION 2.01. This Act takes effect September 1, 2011.