87R8641 MCK-D
By: Frank H.B. No. 3492
A BILL TO BE ENTITLED
AN ACT
relating to limiting the assessment of certain fees during declared
states of disaster.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 418, Government Code, is
amended by adding Section 418.0125 to read as follows:
Sec. 418.0125. LIMIT ON ASSESSMENT OF FEES. (a) If the
governor issues an executive order, proclamation, or regulation
during a declared state of disaster that restricts the operation of
a business or nonprofit entity or a category of businesses, a
business or nonprofit entity whose operation is restricted by the
order, proclamation, or regulation may not be assessed any fee,
including a licensing fee, by this state during the time the
operation of the business or nonprofit entity is restricted by the
order, proclamation, or regulation.
(b) If a business or nonprofit entity paid an annual fee or
other fee in advance to this state for the business's or nonprofit
entity's operations, the business or nonprofit entity is entitled
to a pro rata refund of the fee for the period of time its operations
were restricted by an executive order, proclamation, or regulation
of the governor described by Subsection (a).
(c) A business or nonprofit entity may opt to have the
amount of any refund due under this section credited toward a future
fee requirement.
SECTION 2. Subchapter E, Chapter 418, Government Code, is
amended by adding Section 418.1081 to read as follows:
Sec. 418.1081. LIMIT ON ASSESSMENT OF FEES DURING DECLARED
LOCAL DISASTER. (a) If the presiding officer of the governing body
of a political subdivision issues an order or proclamation during a
declared local state of disaster that restricts the operation of a
business or nonprofit entity or a category of businesses, a
business or nonprofit entity whose operation is restricted by the
order or proclamation may not be assessed any fee, including a
permit fee, by the political subdivision during the time the
operation of the business or nonprofit entity is restricted by the
order or proclamation.
(b) If a business or nonprofit entity paid an annual fee or
other fee in advance to a political subdivision for the business's
or nonprofit entity's operations, the business or nonprofit entity
is entitled to a pro rata refund of the fee for the period of time
its operations were restricted by an order or proclamation of the
political subdivision described by Subsection (a).
(c) A business or nonprofit entity may opt to have the
amount of any refund due under this section credited toward a future
fee requirement.
SECTION 3. This Act takes effect September 1, 2021.