GENERAL
February 16, 1970
Dr. J. E. Peavy Opinion No. M-580
Commissioner of Health
Texas State Department
of Health Re: Whether the State Health
Austin, Texas 78756 Department has authority
to prorate licensing fees
provided for under Article
4477-6; Vernon's Civil
Dear Dr. Peavy: 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
If the annual renewal fee remains unpaid
Es' 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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