Section 437.0123 - County and Public Health District Fees in Certain Populous Counties(a) A county that has a population of at least 2.8 million or a public health district at least part of which is in a county that has a population of at least 2.8 million may require the payment of a fee for issuing or renewing a permit or for performing an inspection to enforce this chapter or a rule adopted under this chapter. A county with a population of at least 2.8 million may require a trained food manager to be on duty during each day of operation of a food service establishment. The training required of food managers can be no more extensive than the training offered by an education or training program accredited under Subchapter D, Chapter 438. A food service establishment that handles only prepackaged food and does not prepare or package food may not be required to have a certified food manager under this section.(b) A county or public health district that requires payment of a fee under Subsection (a) shall set the fee in an amount that does not exceed the amount necessary to recover the annual expenditures by the county or district for:(1) reviewing and acting on a permit;(2) amending and renewing a permit;(3) inspecting a facility as provided by this chapter and rules adopted under this chapter; and(4) otherwise administering this chapter and rules adopted under this chapter.(c) Repealed by Acts 2019, 86th Leg., R.S., Ch. 458 (H.B. 2755), Sec. 4(2), eff. September 1, 2019.(d) Fees collected by a county under this chapter shall be deposited to the credit of a special fund of the county. Fees collected by a public health district under this chapter shall be deposited to the credit of a special fund created by the cooperative agreement under which the district operates.(e) Fees deposited as provided by this section may be spent only for a purpose described by Subsection (b).Tex. Health and Safety Code § 437.0123
Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 458,Sec. 4, eff. 9/1/2019.Amended by Acts 2019, Texas Acts of the 86th Leg.- Regular Session, ch. 458,Sec. 2, eff. 9/1/2019.Amended by Acts 2015, Texas Acts of the 84th Leg. - Regular Session, ch. 1,Sec. 3.1124, eff. 4/2/2015.Amended by Acts 1999, 76th Leg., ch. 480, Sec. 1, eff. 8/30/1999.Added by Acts 1997, 75th Leg., ch. 156, Sec. 1, eff. 9/1/1997.