Bill Text: TX HB3492 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to limiting the assessment of certain fees during declared states of disaster.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Ways & Means [HB3492 Detail]
Download: Texas-2021-HB3492-Introduced.html
87R8641 MCK-D | ||
By: Frank | H.B. No. 3492 |
|
||
|
||
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. |