Tex. Health and Safety Code § 437.0126 — TX Code / Code hs / Chapter 437 / Section 437.0126
§ 437.0126. LOCAL FEE LIMITATION.
Status: in_force

(a) Notwithstanding any other law and except as provided by Subsections (c) and (d), a county, municipality, or public health district, including an authorized agent, employee, or department, may not charge a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment or an employee of any of those entities a fee, including any processing fees or added costs, that exceeds the maximum fee a food service establishment, retail food store, mobile food unit, roadside food vendor, temporary food service establishment, or employee would pay to the department if the entity or employee were located within the department's jurisdiction.

(a-1) For purposes of Subsection (a), the maximum fee a county, municipality, or public health district may charge annually may not exceed the maximum fee that would be charged by the department biennially.

(b) A county, municipality, or public health district, including an authorized agent, employee, or department, may calculate and assess fees in accordance with Subsection (a):

(1) on an annual or biennial basis; and

(2) using a risk-based assessment.

(c) A county, municipality, or public health district, including an authorized agent, employee, or department, may assess a reinspection fee if:

(1) the reinspection is necessary to cure a violation that presents a direct and significant risk to public health;

(2) the reinspection fee does not exceed the lesser of the cost of an initial inspection or $200; and

(3) not more than one reinspection fee is charged within 60 days of the previous inspection, unless the entity on which the fee is imposed failed to make reasonable efforts to correct the violation.

(d) A county, municipality, or public health district may charge a food service establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment up to 120 percent of the total fees authorized under Subsection (a) if the county, municipality, or public health district determines that the increased fee is necessary to protect public safety and maintain adequate food safety staffing levels in the county, municipality, or district. Before imposing the increased fees under this subsection, a county, municipality, or public health district shall hold at least one annual public meeting or hearing to demonstrate compliance with this subsection. This subsection applies only to:

(1) a county with a population of 2.5 million or more;

(2) a county with a population of more than 2 million within which are located two municipalities, each of which has a population of at least 350,000;

(3) a municipality with a population of 950,000 or more; or

(4) a public health district that regulates a county or municipality described by Subdivision (1), (2), or (3).

(e) This section does not prohibit a county, municipality, or public health district, including an authorized agent, employee, or department, from charging a fee that is necessary for the county, municipality, or public health district to comply with an active, legally binding federal consent decree, enforcement order, or administrative agreement mandating food service compliance inspections. Before imposing a fee under this subsection, a county, municipality, or public health district shall hold at least one annual public meeting or hearing to demonstrate that the fee is limited to the amount necessary to comply with a decree, order, or agreement.