Texas 2009 - 81st Regular

Texas House Bill HB3852 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R9228 CBH-D
2	2	By: Eiland H.B. No. 3852
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of certain counties to implement a pilot
8	8	program to provide certain health care services and to the funding
9	9	of the program.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter A, Chapter 324, Tax Code, is amended
12	12	by adding Section 324.002 to read as follows:
13	13	Sec. 324.002. APPLICATION OF CERTAIN PROVISIONS TO CERTAIN
14	14	COUNTIES. Sections 324.021, 324.022, 324.061, and 324.081 do not
15	15	apply to a county that implements a health care pilot program and
16	16	adopts a sales and use tax under Subchapter E.
17	17	SECTION 2. Chapter 324, Tax Code, is amended by adding
18	18	Subchapter E to read as follows:
19	19	SUBCHAPTER E. HEALTH CARE PILOT PROGRAM
20	20	Sec. 324.101. APPLICATION. This subchapter applies only to
21	21	a county:
22	22	(1) with a population of more than 240,000 that
23	23	borders the Gulf of Mexico;
24	24	(2) in which a countywide hospital district is not
25	25	located; and
26	26	(3) in which a public medical school or health science
27	27	center is located or that contracts or has previously contracted
28	28	with a public medical school or health science center for health
29	29	care services the county is required to provide under state law.
30	30	Sec. 324.102. PILOT PROGRAM FOR HEALTH CARE. (a) The
31	31	commissioners court of a county may implement a pilot program in the
32	32	county to provide:
33	33	(1) secondary and tertiary level services for
34	34	residents of the county whose family income is not greater than 100
35	35	percent of the federal poverty level; and
36	36	(2) primary level services for residents of the county
37	37	whose family income is not greater than 200 percent of the federal
38	38	poverty level.
39	39	(b) The services the county provides must include:
40	40	(1) primary and preventive medical services a county
41	41	is required or authorized to provide under Chapter 61, Health and
42	42	Safety Code; and
43	43	(2) secondary or tertiary services the state provides
44	44	as part of the medical assistance program under Chapter 32, Human
45	45	Resources Code.
46	46	(c) As part of the pilot program, the county may provide for
47	47	case management services, utilization review, patient outreach
48	48	services, patient education, and patient transportation.
49	49	(d) The county shall prescribe appropriate goals and
50	50	performance measures for the program.
51	51	(e) The county may implement the pilot program only if the
52	52	voters of the county approve imposition of a sales and use tax under
53	53	Section 324.103.
54	54	Sec. 324.103. SALES AND USE TAX. (a) A county may adopt or
55	55	abolish a sales and use tax authorized by this subchapter to provide
56	56	funding for a health care pilot program if imposition of the tax is
57	57	approved at an election called and held for that purpose as provided
58	58	by Section 324.104.
59	59	(b) The tax authorized by this subchapter may be imposed in
60	60	increments of one-eighth of one percent, with a minimum tax rate of
61	61	one-eighth of one percent and a maximum tax rate of one percent.
62	62	(c) Sections 323.101(b), (d), and (e) do not apply to the
63	63	tax imposed under this subchapter.
64	64	Sec. 324.104. ELECTION PROCEDURE. (a) The commissioners
65	65	court of the county may call an election to adopt or abolish the tax
66	66	under this subchapter. The commissioners court shall call an
67	67	election to adopt or abolish the tax if it receives a petition
68	68	signed by a number of petitioners equal to at least five percent of
69	69	the number of registered voters in the county.
70	70	(b) At the election to adopt the tax, the ballot shall be
71	71	prepared to permit voting for or against the proposition: "The
72	72	adoption of a local sales and use tax in (name of county) at the rate
73	73	of ______ (insert rate) to provide revenue for a health care pilot
74	74	program."
75	75	(c) At the election to abolish the tax, the ballot shall be
76	76	prepared to permit voting for or against the proposition: "The
77	77	abolishment of the local health care pilot program sales and use tax
78	78	in (name of county)."
79	79	Sec. 324.105. REAUTHORIZATION OF PILOT PROGRAM AND TAX.
80	80	(a) Unless the imposition of the sales and use tax authorized by
81	81	this subchapter is reauthorized as provided by this section, the
82	82	tax and the pilot program expire on the 10th anniversary of the date
83	83	the tax originally took effect.
84	84	(b) An election to reauthorize the tax is called and held in
85	85	the same manner as an election to adopt the tax under Section
86	86	324.104, except the ballot proposition shall be prepared to permit
87	87	voting for or against the proposition: "The reauthorization of the
88	88	local sales and use tax in (name of county) at the rate of ______
89	89	(insert rate) to continue providing revenue for health care."
90	90	(c) If an election to reauthorize the tax is not held before
91	91	the tax expires as provided by Subsection (a), or if a majority of
92	92	the votes cast in an election to reauthorize the tax do not favor
93	93	reauthorization, the county may not call an election on the
94	94	question of authorizing a new tax under this subchapter before the
95	95	first anniversary of the date on which the tax expired.
96	96	(d) Not later than the 10th day after the date the county
97	97	determines that the tax will expire as provided by Subsection (a),
98	98	the county shall notify the comptroller of the scheduled
99	99	expiration. The comptroller may delay the scheduled expiration date
100	100	if the comptroller notifies the county that more time is required.
101	101	The comptroller must provide a new expiration date that is not
102	102	later than the last day of the first calendar quarter occurring
103	103	after the notification to the comptroller.
104	104	Sec. 324.106. EFFECT OF STATE TAX RATE INCREASE.
105	105	Notwithstanding any other provision of this subchapter, if the rate
106	106	of the state sales and use tax imposed under Chapter 151 is
107	107	increased over the rate of the tax on January 1, 2009, the rate of a
108	108	tax imposed under this subchapter is automatically decreased on the
109	109	date the state rate increase takes effect to the highest rate that
110	110	will not result in a tax rate of more than eight percent when the
111	111	state sales and use tax and a tax imposed under this subchapter are
112	112	combined.
113	113	Sec. 324.107. STATE AUDITOR REVIEW. The state auditor
114	114	shall review a pilot program created under this subchapter and
115	115	report the auditor's findings to the legislature.
116	116	Sec. 324.108. USE OF TAX REVENUE. Revenue from the tax
117	117	imposed under this subchapter may be used only to provide funding
118	118	for a health care pilot program created by the county as provided by
119	119	this subchapter.
120	120	Sec. 324.109. EXPIRATION. This subchapter expires
121	121	September 2, 2019.
122	122	SECTION 3. This Act takes effect immediately if it receives
123	123	a vote of two-thirds of all the members elected to each house, as
124	124	provided by Section 39, Article III, Texas Constitution. If this
125	125	Act does not receive the vote necessary for immediate effect, this
126	126	Act takes effect September 1, 2009.