1. (a) The department shall collect fees for:

   1. (1) filing, renewing, or amending a permit; and
   2. (2) an inspection performed to enforce this chapter or a rule adopted under this chapter.
2. (b) The department may charge annual fees.

3. (c) The board by rule shall set the fees in amounts that allow the department to recover at least 50 percent of the annual expenditures by the department for:

   1. (1) reviewing and acting on a permit;
   2. (2) amending and renewing a permit;
   3. (3) inspecting a facility as provided by this chapter and rules adopted under this chapter; and
   4. (4) implementing and enforcing this chapter, including a rule or order adopted or a license issued by the department.
4. (d) The department shall spend not less than 50 percent of the permit fees collected to inspect facilities and to enforce and administer this chapter.
5. (e) All permit fees collected by the department under this chapter shall be deposited in the state treasury to the credit of the food and drug retail fee fund.

Added by Acts 1993, 73rd Leg., ch. 617, Sec. 4, eff. Sept. 1, 1993.