HBA-JRA H.B. 765 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 765
By: Maxey
Public Health
3/15/1999
Introduced



BACKGROUND AND PURPOSE 

The Manufactured Food License Division of the Texas Department of Health
(TDH) annually licenses all wholesale food manufacturers, distributors,
food salvage companies, and water vending machine operators who operate in
the state to ensure the safety of manufactured, processed, packed, or
handled human food.  Currently the revenue processing system used by TDH
can take up to 12 working days, making it difficult for businesses to track
the progress of a license application in its early stages.  The 1998 staff
draft of the Texas Performance Review outlines several methods by which TDH
could work with the treasury division at the comptroller's office to reduce
the fee processing time to 48 hours.  H.B. 765 would require TDH to
establish a new license fee processing system to reduce processing time to
a maximum of 48 hours. 

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 J, Chapter 431, Health and Safety Code, by
adding Section 431.2245, as follows: 

Sec. 431.2245.  PROCESSING OF LICENSING FEES.  Requires the commissioner of
health (commissioner) to establish a system for processing licensing fees
under this chapter, including vended water facility licensing fees, under
which a fee payment made by a negotiable  instrument must be processed and
submitted for deposit by the Texas Department of Health (department) to the
treasury division of the office of the comptroller within 48 hours of the
receipt of the negotiable instrument by the department.  Requires the
comptroller to cooperate with the commissioner in developing the fee
processing system. 

SECTION 2.  Amends Chapter 432, Health and Safety Code, by adding Section
432.0095, as follows: 

Sec. 432.0095.  PROCESSING OF FOOD SALVAGE ESTABLISHMENT LICENSING FEES.
Requires the commissioner of health (commissioner) to establish a system
for processing food salvage establishment licensing fees, under which a fee
payment made by a negotiable  instrument must be processed and submitted
for deposit by the Texas Department of Health (department) to the treasury
division of the office of the comptroller within 48 hours of the receipt of
the negotiable instrument by the department.  Requires the comptroller to
cooperate with the commissioner in developing the fee processing system. 

SECTION 3.  Requires the commissioner of public health to implement the fee
processing systems required by Sections 431.2245 and 432.0095, Health and
Safety Code, as added by this Act, by January 1, 2000. 

SECTION 4.  Emergency clause.
Effective date:  90 days after adjournment.