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.