(a) The executive commissioner may establish by rule license fees for institutions licensed by the department under this chapter. The license fee may not exceed $375 plus:
(1) $15 for each unit of capacity or bed space for which a license is sought; and
(2) a background examination fee imposed under Subsection (d).
(b) The license fee for a probationary license issued under § 242.033(f) may not exceed $125 plus:
(1) $5 for each unit of capacity or bed space for which the license is sought; and
(2) a background examination fee imposed under Subsection (d).

(c) An additional license fee may be charged as provided by § 242.097.
(d) The executive commissioner by rule may establish a background examination fee in an amount necessary to defray the department’s expenses in administering its duties under Sections 242.032(d) and (e).
(e) The applicable license fee must be paid with each application for a probationary license, an initial license, a renewal license, or a change of ownership license.
(f) The state is not required to pay the license fee.
(g) An approved increase in bed space is subject to an additional fee.
(h) The license fees established under this chapter are an allowable cost for reimbursement under the medical assistance program administered by the commission under Chapter 32, Human Resources Code. Any fee increases shall be reflected in reimbursement rates prospectively.
(i) An applicant for license renewal who submits an application later than the 45th day before the expiration date of a current license is subject to a late fee in accordance with department rules.