GENERAL 

February 16, 1970 

Dr. J. E. Peavy 

Commissioner of Health 

Texas State Department 

of Health 

Austin, Texas 78756 

Dear Dr. Peavy: 

Opinion No. M-580 

Re: Whether the State Health 

Department has authority 

to prorate licensing fees 

provided for under Article 

4477-6; Vernon's Civil 

Statutes, under stated facts. 

You have requested of this office an opinion 

concerning the scope of authority which the Texas State 

Department of Health has under the Renderer's Licensing Act, 

codified as Article 4477-6, Vernon's Civil Statutes, which 

became law effective September 1, 1969. 

With particular reference to Section 13 of said 

Act, which limits the licensing period to one year with all 

renewals from January 1st of each ensuing year, you have asked 

whether your Department has authority to prorate the 

required licensing fee as of the date a license is issued. 

Section 13 of Article 4477-6, Vernon's Civil Statutes, 

is quoted as follows, with emphasis added in regard to the 

above requirement and other pertinent parts. 

"Each license and permit shall remain in 

full force and effect until relinquished, 

suspended, revoked, or expired. All operating 

licenses shall be issued and granted for one 

year only, and shall be renewed annually, if 

desired, by the licensee. The annual renewal 

fee shall be the same as the original application 

fee set forth in Section 12 above. Every 

licensee desiring to renew his operating 

license shall, on or before each January lst, 

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Dr. J. E. Peavy, Page 2 (M-580) 

pay the Health Authority the required fee. 

Upon receipt of said fee, the license shall be 

automatically renewed for the ensuing calendar 

Es' 

If the annual renewal fee remains unpaid 

avs after written notice of delinquency has 

been given to the licensee by the Health - 

Authority, the license shall, unless good 

cause for such failure to renew is shown, 

thereupon expire, and thereafter shall be 

renewed only upon a new application pursuant 

to the provisions of this Act." (Emphasis 

supplied.) 

You will note the wording of Section 12 of said 

Act quoted, in part, as follows: 

The following fees shall accompany each 

application for operating license or a 

construction permit: . ..." (Emphasis supplied.) 

There is no provision within said Act for any 

proration of fees collected, and in our opinion the wording of 

the Act makes it mandatory for the statutory fee to accompany 

the application regardless of the date the application is made. 

We therefore answer your question in the negative. 

SUMMARY ------- 

The Texas State Department of Health does 

not have the authority under Article 4477-6, Vernon's 

Civil Statutes, the Renderer's Licensing Act, to 

prorate the required fees set in said Act regardless 

of the dates the licenses are ' 

. MARTIN 

General of Texas 

Prepared by Sam L. Jones, Jr. 

Assistant Attorney General 

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Dr. J. E. Peavy, Page 3 (~-580) 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Acting Co-Chairman 

Michael E. Stork 

James M. Mabry 

Jerry Roberts 

R. D. Green 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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