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RULE §139.22Fees

(a) Fees for an abortion facility license for all initial, change of ownership, change of physical location, and renewal applications are $5,000.

(b) The commission shall not consider an application as officially submitted until the applicant pays the applicable licensing fee. The fee shall accompany the application form.

(c) A license fee paid to the commission is not refundable.

(d) Any remittance submitted to the commission in payment of a required license fee shall be in the form of a certified check, money order, or personal check made payable to the Texas Health and Human Services Commission.

(e) For all applications, the commission is authorized to collect subscription and convenience fees, in amounts determined by the TexasOnline Authority, to recover costs associated with application and renewal application processing through TexasOnline, in accordance with Government Code, §2054.111.

(f) The commission may make periodic reviews of its license fee schedule to ensure that the fees imposed are in amounts reasonable and necessary to defray the cost to the commission of administering the Act.

(g) The commission shall impose an annual assessment as follows.

  (1) In addition to application fees, the commission shall impose on each facility an annual assessment in amounts reasonable and necessary to defray costs.

  (2) The annual assessment shall fall into one of three categories based on the facility's three-year history:

    (A) Facilities for which the annual average of reported abortions is less than 1,000 or facilities applying for an initial license;

    (B) Facilities for which the annual average of reported abortions is from 1,000 to 2,999;

    (C) Facilities for which the annual average of reported abortions is 3,000 or more.

  (3) Facilities identified in each category shall be assessed a proportionate share of the costs.

  (4) Facilities applying for an initial license shall submit the assessment at the same time as the application fee.

  (5) The commission shall notify each licensee of the amount of the annual assessment by the first day of April for each year.

  (6) The annual assessment shall be received by the commission no later than the first day of June for each year.

  (7) A licensee who fails to pay the annual assessment fee shall be subject to denial, revocation, probation, or suspension of a license as prescribed in §139.32 of this title (relating to License Denial, Suspension, Probation, or Revocation).

Source Note: The provisions of this §139.22 adopted to be effective June 28, 2009, 34 TexReg 4125; amended to be effective March 26, 2019, 44 TexReg 1532

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