|(a) Fees for an abortion facility license for all initial,
change of ownership, change of physical location, and renewal applications
(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
(g) The commission shall impose an annual assessment
(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
(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
(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).