87R8641 MCK-D     By: Frank H.B. No. 3492       A BILL TO BE ENTITLED   AN ACT   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.