HBA-JEK S.B. 1308 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1308
By: Barrientos
County Affairs
4/29/2001
Engrossed



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.  Senate Bill 1308
authorizes the commissioners court of a county to set reasonable fees for
administering flood insurance and issuing a license, permit, or
registration regarding roads and bridges if such fees are authorized by
statute but 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

Senate Bill 1308 amends the Transportation Code to authorize the
commissioners court of a county to set a reasonable fee for issuing a
license, permit, or registration  regarding county authority over roads and
bridges that is authorized by statute but not specifically prescribed by
statute.  The bill also amends the Water Code to authorize the
commissioners court of a county to set reasonable and necessary fees to
administer the Flood Control and Insurance Act. 

EFFECTIVE DATE

September 1, 2001.