By: Pitts H.B. No. 3790
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. REDUCTION OF EXPENDITURES AND IMPOSITION OF CHARGES
GENERALLY
SECTION 1.01. This article applies to each state agency, as
that term is defined by Section 317.001, Government Code.
SECTION 1.02. Notwithstanding any other statute of this
state, each state agency to which this article applies is
authorized to reduce or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) modifying eligibility requirements for, the
processes used to determine eligibility for, and the services
provided to persons who receive benefits under any law the agency
administers, including benefits and services required by federal
law, to ensure that those benefits are received by the most
deserving persons consistent with the purposes for which the
benefits are provided;
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
ARTICLE 2. REDUCTION IN GENERAL APPROPRIATIONS ACT
SECTION 2.01. A state employee is not entitled to an amount
from the state for expenses, per diem, travel, or salary that
exceeds the amount authorized for those purposes by the General
Appropriations Act.
SECTION 2.02. An active, former, or retired visiting judge
or justice is not entitled to an amount from the state for expenses,
per diem, travel, or salary that exceeds the amount authorized for
those purposes by the General Appropriations Act.
SECTION 2.03. A local administrative district judge is not
entitled to a salary from the state under Section 659.012(d),
Government Code, that exceeds the amount authorized for that salary
by the General Appropriations Act.
SECTION 2.04. An active district judge is not entitled to
travel expenses under Section 24.019, Government Code, in an amount
that exceeds the amount authorized for those expenses by the
General Appropriations Act.
SECTION 2.05. A judge, justice, or prosecuting attorney is
not entitled to an amount from the state for a salary, a salary
supplement, office expenses or reimbursement of office expenses, or
travel that exceeds the amount authorized for those purposes by the
General Appropriations Act.
SECTION 2.06. (a) A county is not entitled to receive from
the state supplemental salary compensation for county prosecutors
under Section 46.0031, Government Code, or longevity pay
supplements reimbursement under Section 41.255, Government Code,
or any other supplements for prosecutors, in an amount that exceeds
the amount appropriated for those purposes by the General
Appropriations Act.
(b) A county is not entitled to state contributions for
salaries or supplements under Chapter 25 or 26, Government Code, in
an amount that exceeds the amounts appropriated for those purposes
in the General Appropriations Act.
(c) A county is not entitled to reimbursement under Article
11.071, Code of Criminal Procedure, for reimbursement for
compensation of counsel under that article in an amount that
exceeds the amount appropriated for that purpose in the General
Appropriations Act.
SECTION 2.07. A person reimbursed by the state for travel
and expenses for attendance as a witness as provided by Article
35.27, Code of Criminal Procedure, is not entitled to an amount that
exceeds the amount appropriated for that purpose by the General
Appropriations Act.
ARTICLE 3. FISCAL MATTERS REGARDING ASSISTANT PROSECUTORS
SECTION 3.01. Section 41.255(f), Government Code, is
amended to read as follows:
(f) A county is not required to pay longevity supplements if
the county does not receive funds from the comptroller as provided
by Subsection (d). If sufficient funds are not available to meet
the requests made by counties for funds for payment of assistant
prosecutors qualified for longevity supplements:
(1) [,] the comptroller shall apportion the available
funds to the eligible counties by reducing the amount payable to
each county on an equal percentage basis;
(2) a county is not entitled to receive the balance of
the funds at a later date; and
(3) the longevity pay program under this chapter is
suspended to the extent of the insufficiency. [A county that
receives from the comptroller an amount less than the amount
certified by the county to the comptroller under Subsection (d)
shall apportion the funds received by reducing the amount payable
to eligible assistant prosecutors on an equal percentage basis, but
is not required to use county funds to make up any difference
between the amount certified and the amount received.]
SECTION 3.02. Section 41.255(g), Government Code, is
repealed.
ARTICLE 4. FISCAL MATTERS REGARDING PROCESS SERVERS
SECTION 4.01. Subchapter A, Chapter 51, Government Code, is
amended by adding Section 51.008 to read as follows:
Sec. 51.008. FEES FOR PROCESS SERVER CERTIFICATION. (a)
The process server review board established by supreme court order
may recommend to the supreme court the fees to be charged for
process server certification and renewal of certification. The
supreme court must approve the fees recommended by the process
server review board before the fees may be collected.
(b) If a certification is issued or renewed for a term that
is less than the certification period provided by supreme court
rule, the fee for the certification shall be prorated so that the
process server pays only that portion of the fee that is allocable
to the period during which the certification is valid. On renewal
of the certification on the new expiration date, the process server
must pay the entire certification renewal fee.
(c) The Office of Court Administration of the Texas Judicial
System may collect the fees recommended by the process server
review board and approved by the supreme court. Fees collected
under this section shall be sent to the comptroller for deposit to
the credit of the general revenue fund.
(d) Fees collected under this section may be appropriated to
the Office of Court Administration of the Texas Judicial System for
the support of regulatory programs for process servers and
guardians.
SECTION 4.02. Subchapter B, Chapter 72, Government Code, is
amended by adding Sections 72.013 and 72.014 to read as follows:
Sec. 72.013. PROCESS SERVER REVIEW BOARD. A person
appointed to the process server review board established by supreme
court order serves without compensation but is entitled to
reimbursement for actual and necessary expenses incurred in
traveling and performing official board duties.
Sec. 72.014. CERTIFICATION DIVISION. The office shall
establish a certification division to oversee the regulatory
programs assigned to the office by law or by the supreme court.
SECTION 4.03. (a) The fees recommended and approved under
Section 51.008, Government Code, as added by this article, apply
to:
(1) each person who holds a process server
certification on the effective date of this Act; and
(2) each person who applies for process server
certification on or after the effective date of this Act.
(b) The Office of Court Administration of the Texas Judicial
System shall prorate the process server certification fee so that a
person who holds a process server certification on the effective
date of this Act pays only that portion of the fee that is allocable
to the period during which the certification is valid. On renewal
of the certification on the new expiration date, the entire
certification renewal fee is payable.
ARTICLE 5. FISCAL MATTERS REGARDING JUDICIAL AND COURT PERSONNEL
TRAINING FUND
SECTION 5.01. Section 56.001, Government Code, is amended
to read as follows:
Sec. 56.001. JUDICIAL AND COURT PERSONNEL TRAINING FUND.
(a) The judicial and court personnel training fund is an account in
the general revenue fund. Money in the judicial and court personnel
training fund may be appropriated only to [created in the state
treasury and shall be administered by] the court of criminal
appeals for the uses authorized in Section 56.003.
(b) [(i)] On requisition of the court of criminal appeals,
the comptroller shall draw a warrant on the fund for the amount
specified in the requisition for a use authorized in Section
56.003. A warrant may not exceed the amount appropriated for any
one fiscal year. [At the end of each state fiscal year, any
unexpended balance in the fund in excess of $500,000 shall be
transferred to the general revenue fund.]
ARTICLE 6. FISCAL MATTERS REGARDING PAYMENT OF JURORS
SECTION 6.01. Section 61.001(a), Government Code, is
amended to read as follows:
(a) Except as provided by Subsection (c), a person who
reports for jury service in response to the process of a court is
entitled to receive as reimbursement for travel and other expenses
an amount:
(1) not less than $6 for the first day or fraction of
the first day the person is in attendance in court in response to
the process and discharges the person's duty for that day; and
(2) not less than the amount provided in the General
Appropriations Act [$40] for each day or fraction of each day the
person is in attendance in court in response to the process after
the first day and discharges the person's duty for that day.
SECTION 6.02. Sections 61.0015(a) and (e), Government Code,
are amended to read as follows:
(a) The state shall reimburse a county the appropriate
amount as provided in the General Appropriations Act [$34 a day] for
the reimbursement paid under Section 61.001 to a person who reports
for jury service in response to the process of a court for each day
or fraction of each day after the first day in attendance in court
in response to the process.
(e) If a payment on a county's claim for reimbursement is
reduced under Subsection (d), or if a county fails to file the claim
for reimbursement in a timely manner, the comptroller may, as
provided by rule, apportion the payment of the balance owed the
county. The comptroller's rules may permit a different rate of
reimbursement for each quarterly payment under Subsection (c)
[shall:
[(1) pay the balance owed to the county when
sufficient money described by Subsection (c) is available; or
[(2) carry forward the balance owed to the county and
pay the balance to the county when the next payment is required].
ARTICLE 7. STATE TAXES AND FEES
SECTION 7.01. Section 34.04, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) The preparation and service of alcoholic beverages by
the holder of an airline beverage permit is exempt from the tax
imposed by Chapter 151, Tax Code [the Limited Sales, Excise and Use
Tax Act]. An airline beverage service fee of five cents is imposed
on each individual serving of an alcoholic beverage served by the
permittee inside the state. The fee accrues at the time the
container containing an alcoholic beverage is delivered to the
passenger. The permittee may absorb the cost of the fee or may
collect it from the passenger. Subject to Subsections (c) and (e),
the [The] permittee shall remit the fees to the commission each
month under a reporting system prescribed by the commission.
(c) A permittee shall remit not later than the last workday
of August of each odd-numbered year the portion prescribed by this
subsection of the fees and taxes described by this section that
accrue during that month and that would otherwise have been due in
September under the reporting system in effect on January 1, 2011.
The remittance must be accompanied by a report containing estimates
for the month of August of the information ordinarily required on
the report if it were filed in September. A remittance under this
subsection must be equal to one of the following amounts, at the
permittee's election:
(1) 90 percent of the estimated amount of the taxes and
fees the permittee is required to collect and remit for the August
reporting period; or
(2) the amount of taxes and fees the permittee
actually collected and remitted in August of the preceding year.
(d) The report and payment required by Subsection (c) may be
made in conjunction with the report and payment ordinarily required
during August under the reporting system prescribed by the
commission.
(e) A permittee who files a report required by Subsection
(c) shall file a supplemental report not later than September 15 of
each odd-numbered year that reports the total amount of taxes and
fees collected for the month of August of that year and the amount
required to be remitted. If the payment made under Subsection (c)
is less than the amount required to be remitted, the supplemental
report must be accompanied by a payment for the difference between
the amount required to be remitted and the amount of the payment
made under Subsection (c). If the payment made under Subsection (c)
exceeds the amount required to be remitted, the supplemental report
must state the amount of the overpayment. The permittee filing the
supplemental report may take a credit in the amount of the
overpayment against the next payment due under the reporting system
prescribed by the commission.
SECTION 7.02. Section 48.04, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) The preparation and service of alcoholic beverages by
the holder of a passenger train beverage permit is exempt from the
tax imposed by Chapter 151, Tax Code [the Limited Sales, Excise, and
Use Tax Act (Section 151.001 et seq., Tax Code)]. A passenger train
service fee of five cents is imposed on each individual serving of
an alcoholic beverage served by the permittee inside the state. The
fee accrues at the time the container containing an alcoholic
beverage is delivered to the passenger. Subject to Subsections (c)
and (e), the [The] permittee shall remit the fees to the commission
each month under a reporting system prescribed by the commission.
(c) A permittee shall remit not later than the last workday
of August of each odd-numbered year the portion prescribed by this
subsection of the fees and taxes described by this section that
accrue during that month and that would otherwise have been due in
September under the reporting system in effect on January 1, 2011.
The remittance must be accompanied by a report containing estimates
for the month of August of the information ordinarily required on
the report if it were filed in September. A remittance under this
subsection must be equal to one of the following amounts, at the
permittee's election:
(1) 90 percent of the estimated amount of the taxes and
fees the permittee is required to collect and remit for the August
reporting period; or
(2) the amount of taxes and fees the permittee
actually collected and remitted in August of the preceding year.
(d) The report and payment required by Subsection (c) may be
made in conjunction with the report and payment ordinarily required
during August under the reporting system prescribed by the
commission.
(e) A permittee who files a report required by Subsection
(c) shall file a supplemental report not later than September 15 of
each odd-numbered year that reports the total amount of taxes and
fees collected for the month of August of that year and the amount
required to be remitted. If the payment made under Subsection (c)
is less than the amount required to be remitted, the supplemental
report must be accompanied by a payment for the difference between
the amount required to be remitted and the amount of the payment
made under Subsection (c). If the payment made under Subsection (c)
exceeds the amount required to be remitted, the supplemental report
must state the amount of the overpayment. The permittee filing the
supplemental report may take a credit in the amount of the
overpayment against the next payment due under the reporting system
prescribed by the commission.
SECTION 7.03. Section 201.07, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 201.07. DUE DATE. (a) Subject to Subsections (b) and
(d), the [The] tax on liquor is due and payable on the 15th of the
month following the first sale, together with a report on the tax
due.
(b) Each permittee who is liable for the taxes imposed by
this subchapter shall file not later than the last workday of August
of each odd-numbered year the report that would otherwise have been
due on or before September 15 of that year under Subsection (a)
without accounting for any credit or discount to which the
permittee is entitled. The report must contain estimates for the
month of August of the information ordinarily required on the
report if it were filed in September, other than information
relating to any credit or discount to which the permittee is
entitled. The permittee must remit with the report a payment equal
to one of the following amounts, at the permittee's election:
(1) 90 percent of the estimated amount of tax for which
the permittee is liable for the month of August without accounting
for any credit or discount to which the permittee is entitled; or
(2) the amount of tax the permittee actually collected
and remitted in August of the preceding year.
(c) The report and payment required by Subsection (b) may be
filed in conjunction with the report and payment required by
Subsection (a) that is due on or before August 15 of an odd-numbered
year.
(d) A permittee who files a report required by Subsection
(b) shall file a supplemental report not later than September 15 of
each odd-numbered year that reports the total amount of tax for
which the permittee is liable for the month of August of that year
and the amount required to be remitted, after accounting for any
credit or discount to which the permittee is entitled. If the
payment made under Subsection (b) is less than the amount required
to be remitted, the supplemental report must be accompanied by a
payment for the difference between the amount required to be
remitted and the amount of the payment made under Subsection (b).
If the payment made under Subsection (b) exceeds the amount
required to be remitted, the supplemental report must state the
amount of the overpayment. The permittee filing the supplemental
report may take a credit in the amount of the overpayment against
the next payment due under Subsection (a).
SECTION 7.04. Section 201.43, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) Subject to Subsections (c) and (e), the [The] tax is due
and payable on the 15th day of the month following the month in
which the taxable first sale occurs, together with a report on the
tax due.
(c) Each permittee who is liable for the tax imposed by this
subchapter shall file not later than the last workday of August of
each odd-numbered year the report that would otherwise have been
due on or before September 15 of that year under Subsection (b)
without accounting for any credit or discount to which the
permittee is entitled. The report must contain estimates for the
month of August of the information ordinarily required on the
report if it were filed in September, other than information
relating to any credit or discount to which the permittee is
entitled. The permittee must remit with the report a payment equal
to one of the following amounts, at the permittee's election:
(1) 90 percent of the estimated amount of tax the
permittee is required to collect and remit during August without
accounting for any credit or discount to which the permittee is
entitled; or
(2) the amount of tax the permittee actually collected
and remitted in August of the preceding year.
(d) The report and payment required by Subsection (c) may be
filed in conjunction with the report and payment required by
Subsection (b) that is due on or before August 15 of an odd-numbered
year.
(e) A permittee who files a report required by Subsection
(c) shall file a supplemental report not later than September 15 of
each odd-numbered year that reports the total amount of tax for
which the permittee is liable for the month of August of that year
and the amount required to be remitted, after accounting for any
credit or discount to which the permittee is entitled. If the
payment made under Subsection (c) is less than the amount required
to be remitted, the supplemental report must be accompanied by a
payment for the difference between the amount required to be
remitted and the amount of the payment made under Subsection (c).
If the payment made under Subsection (c) exceeds the amount
required to be remitted, the supplemental report must state the
amount of the overpayment. The permittee filing the supplemental
report may take a credit in the amount of the overpayment against
the next payment due under Subsection (b).
SECTION 7.05. Section 203.03, Alcoholic Beverage Code, is
amended by amending Subsection (b) and adding Subsections (c), (d),
and (e) to read as follows:
(b) Subject to Subsections (c) and (e), the [The] tax is due
and payable on the 15th day of the month following the month in
which the taxable first sale occurs, together with a report on the
tax due.
(c) Each licensee who is liable for the tax imposed by this
chapter shall file not later than the last workday of August of each
odd-numbered year the report that would otherwise have been due on
or before September 15 of that year under Subsection (b) without
accounting for any credit or discount to which the licensee is
entitled. The report must contain estimates for the month of August
of the information ordinarily required on the report if it were
filed in September, other than information relating to any credit
or discount to which the licensee is entitled. The licensee must
remit with the report a payment equal to one of the following
amounts, at the licensee's election:
(1) 90 percent of the estimated amount of tax for which
the licensee is liable for the month of August without accounting
for any credit or discount to which the licensee is entitled; or
(2) the amount of tax the licensee actually collected
and remitted in August of the preceding year.
(d) The report and payment required by Subsection (c) may be
filed in conjunction with the report and payment required by
Subsection (b) that is due on or before August 15 of an odd-numbered
year.
(e) A licensee who files a report required by Subsection (c)
shall file a supplemental report not later than September 15 of each
odd-numbered year that reports the total amount of tax for which the
licensee is liable for the month of August of that year and the
amount required to be remitted, after accounting for any credit or
discount to which the licensee is entitled. If the payment made
under Subsection (c) is less than the amount required to be
remitted, the supplemental report must be accompanied by a payment
for the difference between the amount required to be remitted and
the amount of the payment made under Subsection (c). If the payment
made under Subsection (c) exceeds the amount required to be
remitted, the supplemental report must state the amount of the
overpayment. The licensee filing the supplemental report may take
a credit in the amount of the overpayment against the next payment
due under Subsection (b).
SECTION 7.06. Section 154.021(b), Tax Code, is amended to
read as follows:
(b) The tax rates are:
(1) $70.51 [$70.50] per thousand on cigarettes
weighing three pounds or less per thousand; and
(2) the rate provided by Subdivision (1) plus $2.10
per thousand on cigarettes weighing more than three pounds per
thousand.
SECTION 7.07. Section 162.114, Tax Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e), (f),
(g), and (h) to read as follows:
(a) Except as provided by Subsections [Subsection] (b),
(e), and (g), each person who is liable for the tax imposed by this
subchapter, a terminal operator, and a licensed distributor shall
file a return on or before the 25th day of the month following the
end of each calendar month.
(c) The return required by this section shall be accompanied
by a payment for the amount of tax reported due, subject to
Subsections (e) and (g).
(e) Each person who is liable for collecting and remitting
the tax imposed by this subchapter on a monthly basis shall file not
later than the last workday of August of each odd-numbered year the
return that would otherwise have been due on or before September 25
of that year under Subsection (a) without accounting for any credit
or allowance to which the person is entitled. The return must
contain estimates for the month of August of the information
ordinarily required on the return if it were filed in September,
other than information relating to any credit or allowance to which
the person is entitled. The person must remit with the return a
payment equal to one of the following amounts, at the person's
election:
(1) 90 percent of the estimated amount of tax the
person is required to collect and remit during August without
accounting for any credit or allowance to which the person is
entitled; or
(2) the amount of tax the person actually collected
and remitted in August of the preceding year.
(f) The return and payment required by Subsection (e) may be
filed in conjunction with the return and payment required by
Subsection (a) that is due on or before August 25 of an odd-numbered
year.
(g) A person who files a return required by Subsection (e)
shall file a supplemental return not later than September 25 of each
odd-numbered year that reports the total amount of tax collected
for the month of August of that year and the amount required to be
remitted, after accounting for any credit or allowance to which the
person is entitled. If the payment made under Subsection (e) is
less than the amount required to be remitted, the supplemental
return must be accompanied by a payment for the difference between
the amount required to be remitted and the amount of the payment
made under Subsection (e). If the payment made under Subsection (e)
exceeds the amount required to be remitted, the supplemental return
must state the amount of the overpayment. The person filing the
supplemental return may take a credit in the amount of the
overpayment against the next payment due under Subsection (c).
(h) The comptroller may adopt rules prescribing the
information required on a return filed under Subsection (e) or a
supplemental return filed under Subsection (g).
SECTION 7.08. Section 162.215, Tax Code, is amended by
amending Subsections (a) and (c) and adding Subsections (e), (f),
(g), and (h) to read as follows:
(a) Except as provided by Subsections [Subsection] (b),
(e), and (g), each person who is liable for the tax imposed by this
subchapter, a terminal operator, and a licensed distributor shall
file a return on or before the 25th day of the month following the
end of each calendar month.
(c) The return required by this section shall be accompanied
by a payment for the amount of tax reported due, subject to
Subsections (e) and (g).
(e) Each person who is liable for collecting and remitting
the tax imposed by this subchapter on a monthly basis shall file not
later than the last workday of August of each odd-numbered year the
return that would otherwise have been due on or before September 25
of that year under Subsection (a) without accounting for any credit
or allowance to which the person is entitled. The return must
contain estimates for the month of August of the information
ordinarily required on the return if it were filed in September,
other than information relating to any credit or allowance to which
the person is entitled. The person must remit with the return a
payment equal to one of the following amounts, at the person's
election:
(1) 90 percent of the estimated amount of tax the
person is required to collect and remit during August without
accounting for any credit or allowance to which the person is
entitled; or
(2) the amount of tax the person actually collected
and remitted in August of the preceding year.
(f) The return and payment required by Subsection (e) may be
filed in conjunction with the return and payment required by
Subsection (a) that is due on or before August 25 of an odd-numbered
year.
(g) A person who files a return required by Subsection (e)
shall file a supplemental return not later than September 25 of each
odd-numbered year that reports the total amount of tax collected
for the month of August of that year and the amount required to be
remitted, after accounting for any credit or allowance to which the
person is entitled. If the payment made under Subsection (e) is
less than the amount required to be remitted, the supplemental
return must be accompanied by a payment for the difference between
the amount required to be remitted and the amount of the payment
made under Subsection (e). If the payment made under Subsection (e)
exceeds the amount required to be remitted, the supplemental return
must state the amount of the overpayment. The person filing the
supplemental return may take a credit in the amount of the
overpayment against the next payment due under Subsection (c).
(h) The comptroller may adopt rules prescribing the
information required on a return filed under Subsection (e) or a
supplemental return filed under Subsection (g).
SECTION 7.09. Section 162.503, Tax Code, is amended to read
as follows:
Sec. 162.503. ALLOCATION OF GASOLINE TAX. (a) Except as
provided by Subsection (b), on [On] or before the fifth workday
after the end of each month, the comptroller, after making all
deductions for refund purposes and for the amounts allocated under
Sections 162.502 and 162.5025, shall allocate the net remainder of
the taxes collected under Subchapter B as follows:
(1) one-fourth of the tax shall be deposited to the
credit of the available school fund;
(2) one-half of the tax shall be deposited to the
credit of the state highway fund for the construction and
maintenance of the state road system under existing law; and
(3) from the remaining one-fourth of the tax the
comptroller shall:
(A) deposit to the credit of the county and road
district highway fund all the remaining tax receipts until a total
of $7,300,000 has been credited to the fund each fiscal year; and
(B) after the amount required to be deposited to
the county and road district highway fund has been deposited,
deposit to the credit of the state highway fund the remainder of the
one-fourth of the tax, the amount to be provided on the basis of
allocations made each month of the fiscal year, which sum shall be
used by the Texas Department of Transportation for the
construction, improvement, and maintenance of farm-to-market
roads.
(b) The comptroller may not allocate revenue remitted to the
comptroller during July and August of each odd-numbered year before
the first workday of September. The revenue shall be allocated as
otherwise provided by Subsection (a) not later than the fifth
workday of September.
SECTION 7.10. Section 162.504, Tax Code, is amended to read
as follows:
Sec. 162.504. ALLOCATION OF DIESEL FUEL TAX. (a) Except as
provided by Subsection (b), on [On] or before the fifth workday
after the end of each month, the comptroller, after making
deductions for refund purposes, for the administration and
enforcement of this chapter, and for the amounts allocated under
Section 162.5025, shall allocate the remainder of the taxes
collected under Subchapter C as follows:
(1) one-fourth of the taxes shall be deposited to the
credit of the available school fund; and
(2) three-fourths of the taxes shall be deposited to
the credit of the state highway fund.
(b) The comptroller may not allocate revenue remitted to the
comptroller during July and August of each odd-numbered year before
the first workday of September. The revenue shall be allocated as
otherwise provided by Subsection (a) not later than the fifth
workday of September.
SECTION 7.11. Section 171.152(c), Tax Code, is amended to
read as follows:
(c) Except as provided by Section 171.153, payment
[Payment] of the tax covering the regular annual period is due May
15[,] of each year after the beginning of the regular annual period.
However, if the first anniversary of the taxable entity's beginning
date is after October 3 and before January 1, the payment of the tax
covering the first regular annual period is due on the same date as
the tax covering the initial period.
SECTION 7.12. Subchapter D, Chapter 171, Tax Code, is
amended by adding Section 171.153 to read as follows:
Sec. 171.153. DATES ON WHICH PAYMENTS FROM CERTAIN LARGE
TAXABLE ENTITIES ARE DUE. (a) For purposes of this section, a
"large taxable entity" means a taxable entity for which the amount
of the tax reported as due under this chapter for the preceding
regular annual period exceeds the median amount of tax reported as
due under this chapter of all taxable entities for the same annual
period. A taxable entity may not be considered a large taxable
entity before the regular annual period following the taxable
entity's first regular annual period. Not later than June 1 of each
year, the comptroller shall:
(1) compute the median tax liability under this
chapter of all taxable entities for the preceding regular annual
period; and
(2) post the information on the comptroller's Internet
website for a taxable entity's use in determining whether the
entity is a large taxable entity.
(b) A large taxable entity shall pay the tax covering the
regular annual period in five payments. The first four payments are
due July 15, October 15, January 15, and April 15, and each must be
in an amount equal to one-fourth of 90 percent of the large taxable
entity's total tax owed for the preceding regular annual period.
The large taxable entity shall make a final payment equal to the
total tax for the regular annual period, minus the sum of the
amounts of the first four payments. The final payment is due May
15. If the sum of the amounts of the first four payments exceeds the
total tax for the regular annual period, the large taxable entity
may deduct the amount of the overpayment from the next payment
required to be made under this chapter or request a refund of that
amount.
(c) A large taxable entity that is authorized to request an
extension under Section 171.202 may request an extension for making
a tax payment required under this section. A request for an
extension under this section must be made in accordance with
procedures adopted by the comptroller by rule that are comparable
to the procedures applicable to a request for an extension under
Section 171.202, including the requirements for remitting a portion
of the amount due with the request.
(d) The comptroller shall adopt rules as necessary
prescribing:
(1) the manner in which payments are made under this
section and any information that must accompany the payments; and
(2) procedures for the making and granting of a
request for an extension under this section that are comparable to
the procedures under Section 171.202 to the extent practicable.
(e) Notwithstanding the payment schedule required by this
section, a large taxable entity's annual report is due on the date
prescribed by Section 171.202, and a reference in this chapter to
the date the report is originally due means the date prescribed by
that section.
SECTION 7.13. Subchapter B, Chapter 183, Tax Code, is
amended by adding Section 183.024 to read as follows:
Sec. 183.024. DUE DATES OF CERTAIN RETURNS AND PAYMENTS.
(a) This section applies to the reporting and remittance of taxes
imposed under this subchapter during August of each odd-numbered
year and prevails to the extent of a conflict with Section 183.022
or 183.023.
(b) A permittee shall file with the comptroller not later
than the last workday of August of each odd-numbered year the tax
return that would otherwise have been due on or before September 20
of that year under Section 183.022 without accounting for any
credit or allowance to which the permittee is entitled. The return
must contain estimates for the month of August of the information
ordinarily required on the return if it were filed in September,
other than information relating to any credit or allowance to which
the permittee is entitled. The permittee must remit with the return
a payment equal to one of the following amounts, at the permittee's
election:
(1) 90 percent of the estimated amount of tax imposed
on the permittee during August without accounting for any credit or
allowance to which the permittee is entitled; or
(2) the amount of tax actually imposed on the
permittee and remitted in August of the preceding year.
(c) The return and payment required by Subsection (b) may be
filed in conjunction with the return and payment required by
Sections 183.022 and 183.023 that is due on or before August 20 of
an odd-numbered year.
(d) A permittee who files a return required by Subsection
(b) shall file a supplemental return not later than September 20 of
each odd-numbered year that reports the total amount of tax
collected for the month of August of that year and the amount
required to be remitted, after accounting for any credit or
allowance to which the permittee is entitled. If the payment made
under Subsection (b) is less than the amount required to be
remitted, the supplemental return must be accompanied by a payment
for the difference between the amount required to be remitted and
the amount of the payment made under Subsection (b). If the payment
made under Subsection (b) exceeds the amount required to be
remitted, the supplemental return must state the amount of the
overpayment. The permittee filing the supplemental return may take
a credit in the amount of the overpayment against the next payment
due under Section 183.023.
SECTION 7.14. Section 181.002, Tax Code, is amended to read
as follows:
Sec. 181.002. RATE OF TAX. The rate of the tax imposed by
this chapter is $0.0274 [$0.0275] for each 100 pounds or fraction of
100 pounds of taxable cement.
SECTION 7.15. (a) Notwithstanding Section 171.153(a), Tax
Code, as added by this article, the comptroller of public accounts
shall make the initial computation of median tax liability and post
the information on the comptroller's Internet website as required
by that subsection not later than June 15 of the year in which
Section 171.153, Tax Code, as added by this article, takes effect.
(b) The initial payment from a large taxpayer under Section
171.153(b), Tax Code, as added by this article, is due July 15 of
the year in which Section 171.153, Tax Code, as added by this
article, takes effect.
SECTION 7.16. (a) Except as provided by Subsection (b) of
this section, this article takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect:
(1) except as provided by Subdivision (2) of this
subsection, this article takes effect September 1, 2011; and
(2) Section 171.152(c), Tax Code, as amended by this
article, and Section 171.153, Tax Code, as added by this article,
take effect June 1, 2012.
(b) The changes in law made by this article to Sections
154.021(b) and 181.002, Tax Code, take effect September 1, 2011.
ARTICLE 8. STATE PENSION REVIEW BOARD
SECTION 8.01. Sections 801.113(c) and (e), Government Code,
are amended to read as follows:
(c) The governing board of a [any] public retirement system
shall [may vote to] make an annual contribution to the State Pension
Review Board in an amount equal [not] to [exceed] 50 cents for each
active member and annuitant of the retirement system as of
September 1 of the year for which the contribution is made. The
contribution is payable in a lump sum.
(e) The board is authorized to conduct training sessions,
schools, or other educational activities for trustees and
administrators of public retirement systems. The board may also
furnish other appropriate services such as actuarial studies or
other requirements of systems and may establish appropriate fees
for these activities and services. [The fees may be based on
whether or not the trustees, administrators, or systems contribute
to the State Pension Review Board fund under Subsection (c) of this
section.] The net proceeds of these fees shall be deposited in the
fund.
SECTION 8.02. The governing board of a public retirement
system shall make the initial contribution required under Section
801.113(c), Government Code, as amended by this article, to the
State Pension Review Board fund as required by that section on or
before September 1, 2011.
SECTION 8.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect on the 91st day after the last day
of the legislative session.
ARTICLE 9. STATE BAR OF TEXAS
SECTION 9.01. Section 81.054, Government Code, is amended
by adding Subsections (m) and (n) to read as follows:
(m) A member is not required to pay a membership fee for a
year in which the member is employed as a full-time attorney by the
office of the attorney general.
(n) The state bar shall adopt rules governing the proration
of a membership fee paid by an attorney who is not employed by the
office of the attorney general for an entire year.
SECTION 9.02. Sections 81.054(m) and (n), Government Code,
as added by this article, apply to a membership fee for membership
or renewal of membership in the State Bar of Texas that becomes due
on or after the effective date of this article. A membership fee
for membership or renewal of membership that becomes due before the
effective date of this article is governed by the law in effect on
the date the membership fee becomes due, and the former law is
continued in effect for that purpose.
SECTION 9.03. This article takes effect January 1, 2012.
ARTICLE 10. COMPTROLLER: UNCLAIMED PROPERTY
SECTION 10.01. Section 74.509, Property Code, is amended to
read as follows:
Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED
PROPERTY. (a) The comptroller shall deduct from each approved
claim a handling fee of 10 percent of the amount of the claim and
retain the fee in the general revenue fund [A handling fee may be
deducted from the amount of the claim payment] if the approved claim
[payment] is at least $100.
(b) Subject to legislative appropriation, the comptroller
may use the retained handling fees to pay the costs to process
unclaimed property claims.
SECTION 10.02. This article takes effect September 1, 2011.
ARTICLE 11. TEXAS ETHICS COMMISSION
SECTION 11.01. Section 305.005(c), Government Code, is
amended to read as follows:
(c) The registration fee and registration renewal fee are:
(1) an amount prescribed by the General Appropriations
Act of not more than $200 and not less than $100 for a registrant
employed by an organization exempt from federal income tax under
Section 501(c)(3) or 501(c)(4), Internal Revenue Code of 1986;
(2) an amount prescribed by the General Appropriations
Act of not more than $100 and not less than $50 for any person
required to register solely because the person is required to
register under Section 305.0041 [of this chapter]; or
(3) an amount prescribed by the General Appropriations
Act of not more than $1,000 and not less than $500 for any other
registrant.
SECTION 11.02. This article takes effect September 1, 2011.
ARTICLE 12. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
FACILITIES
SECTION 12.01. The heading to Section 2165.2035, Government
Code, is amended to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; USE AFTER HOURS.
SECTION 12.02. Subchapter E, Chapter 2165, Government Code,
is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
read as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
may lease to a private individual an individual parking space in a
state-owned parking lot or garage located in the city of Austin that
the commission determines is not needed to accommodate the regular
parking requirements of state employees who work near the lot or
garage and visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
may lease to an institution of higher education or a local
government all or a significant block of a state-owned parking lot
or garage located in the city of Austin that the commission
determines is not needed to accommodate the regular parking
requirements of state employees who work near the lot or garage and
visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
October 1 of each even-numbered year, the commission shall submit a
report to the Legislative Budget Board describing the effectiveness
of parking programs developed by the commission under this
subchapter. The report must, at a minimum, include:
(1) the yearly revenue generated by the programs;
(2) the yearly administrative and enforcement costs of
each program;
(3) yearly usage statistics for each program; and
(4) initiatives and suggestions by the commission to:
(A) modify administration of the programs; and
(B) increase revenue generated by the programs.
SECTION 12.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 13. STATE DEBT
SECTION 13.01. Chapter 1231, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
Sec. 1231.151. DEFINITIONS. In this subchapter:
(1) "Maximum annual debt service" means the limitation
on annual debt service imposed by Section 49-j(a), Article III,
Texas Constitution.
(2) "State debt payable from the general revenue fund"
has the meaning assigned by Section 49-j(b), Article III, Texas
Constitution.
(3) "Unissued debt" means state debt payable from the
general revenue fund that has been authorized but not issued.
Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the
annual debt service in a state fiscal year on state debt payable
from the general revenue fund for purposes of determining whether
additional state debt may be authorized without exceeding the
maximum annual debt service, the board may employ any assumptions
related to unissued debt that the board determines are necessary to
reflect common or standard debt issuance practices authorized by
law, including assumptions regarding:
(1) interest rates;
(2) debt maturity; and
(3) debt service payment structures.
Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall
publish during each state fiscal year a report providing a detailed
description of the method used to compute the annual debt service in
that fiscal year on state debt payable from the general revenue fund
for purposes of determining whether additional state debt may be
authorized. The report must describe:
(1) the debt service included in the computation,
including debt service on issued and unissued debt;
(2) the assumptions on which the debt service on
unissued debt was based; and
(3) any other factors required by law that affect the
computation.
(b) The board may publish the report required by this
section as a component of any other report required by law,
including the annual report required by Section 1231.102, or as an
independent report. The board shall make the report available to
the public.
SECTION 13.02. The Bond Review Board shall publish the
initial report required by Section 1231.153, Government Code, as
added by this article, during the state fiscal year beginning
September 1, 2011.
SECTION 13.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 14. ELECTRONIC PAYMENTS
SECTION 14.01. Section 403.016, Government Code, is amended
to read as follows:
Sec. 403.016. ELECTRONIC FUNDS TRANSFER AND ELECTRONIC PAY
CARDS. (a) The comptroller shall establish and operate an
electronic funds transfer system in accordance with this section.
The comptroller may use the services of financial institutions,
automated clearinghouses, and the federal government to establish
and operate the electronic funds transfer system. The comptroller
also shall establish and operate an efficient and effective system
of making payments by electronic pay card.
(b) The comptroller shall use either the electronic funds
transfer system or an electronic pay card to pay an employee's net
state salary and travel expense reimbursements [unless:
[(1) the employee does not hold a classified position
under the state's position classification plan and the employee's
gross state salary is less than the gross state salary for a
position classified to group 8, step 1, of the state position
classification plan; or
[(2) the employee holds a classified position under
the state's position classification plan that is classified below
group 8].
(c) The comptroller shall use either the electronic funds
transfer system or an electronic pay card to make:
(1) payments [of more than $100] to annuitants by the
Employees Retirement System of Texas or the Teacher Retirement
System of Texas under either system's administrative jurisdiction
and payments to annuitants of any other retirement system who are
paid from funds in the state treasury;
(2) recurring payments to municipalities, counties,
political subdivisions, special districts, and other governmental
entities of this state; and
(3) payments to vendors who choose to receive payment
through the electronic funds transfer system or an electronic pay
card rather than by warrant.
(d) If the comptroller is not required by this section to
use either the electronic funds transfer system or an electronic
pay card to pay a person, the comptroller may use the electronic
funds transfer system or an electronic pay card to pay the person on
the person's request.
(e)(1) [(f)(1)] Except as provided by Subdivisions (2) and
(4) and subject to any limitation in rules adopted by the
comptroller, an automated clearinghouse, or the federal
government, the comptroller may use the electronic funds transfer
system to deposit payments only to one or more accounts of a payee
at one or more financial institutions, including credit unions.
(2) The comptroller may also use the electronic funds
transfer system to deposit a portion of an employee's gross pay into
the employee's account at a credit union as prescribed by
Subchapter G, Chapter 659.
(3) A single electronic funds transfer may contain
payments to multiple payees. Individual transfers or warrants are
not required for each payee.
(4) The comptroller may also use the electronic funds
transfer system to deposit a portion of an employee's gross pay into
an account of an eligible state employee organization for a
membership as prescribed by Subchapter G, Chapter 659.
(f) [(g)] When a law requires the comptroller to make a
payment by warrant, the comptroller may instead make the payment
through the electronic funds transfer system or by electronic pay
card. The comptroller's use of the electronic funds transfer
system, an electronic pay card, or any other payment means does not
create a right that would not have been created if a warrant had
been issued.
(g) [(h) Notwithstanding any requirement in this section to
make a payment through the electronic funds transfer system, the
comptroller shall issue a warrant to pay a person if:
[(1) the person properly notifies the comptroller
that:
[(A) receiving the payment by electronic funds
transfer would be impractical to the person;
[(B) receiving the payment by electronic funds
transfer would be more costly to the person than receiving the
payment by warrant;
[(C) the person is unable to establish a
qualifying account at a financial institution to receive electronic
funds transfers; or
[(D) the person chooses to receive the payment by
warrant; or
[(2) the state agency on whose behalf the comptroller
makes the payment properly notifies the comptroller that:
[(A) making the payment by electronic funds
transfer would be impractical to the agency; or
[(B) making the payment by electronic funds
transfer would be more costly to the agency than making the payment
by warrant.
[(i)] Notwithstanding any requirement in this section to
make a payment through the electronic funds transfer system or by
electronic pay card, the comptroller may make a payment by warrant
if the comptroller determines after conducting a cost analysis
that[:
[(1) using the electronic funds transfer system would
be impractical to the state; or
[(2)] the cost to the state of using the electronic
funds transfer or electronic pay card system would exceed the cost
of issuing a warrant. The comptroller shall submit to the
Legislative Budget Board the cost analysis supporting each
determination made by the comptroller under this subsection.
(h) [(j)] The comptroller shall adopt rules to administer
this section, including rules relating to allowing recipients of
state payments to choose at appropriate times between receiving
payment through the electronic funds transfer system, by electronic
pay card, or by warrant [the notifications that may be provided to
the comptroller under Subsection (h)].
SECTION 14.02. Subchapter B, Chapter 403, Government Code,
is amended by adding Section 403.0161 to read as follows:
Sec. 403.0161. CONTRACTS FOR ELECTRONIC PAY CARD SERVICES.
The comptroller shall contract with one or more vendors for the
provision of electronic pay card services. A contract under this
section must be by competitive bid. The comptroller shall specify
the qualifications for bidders, which must include requirements
that the entity that issues the pay card must:
(1) be federally insured or possess sufficient
financial resources to ensure protection of payees; and
(2) demonstrate adequate 24-hour customer service to
ensure that all payees are able to reasonably access their funds
worldwide at any time.
SECTION 14.03. Section 659.084, Government Code, is amended
to read as follows:
Sec. 659.084. ELECTRONIC FUNDS TRANSFER. Salaries for
state officers and employees paid once a month shall be paid through
electronic funds transfer under Section 403.016 unless paid on an
electronic pay card [warrant] as permitted under that section.
SECTION 14.04. This article takes effect January 1, 2012.
ARTICLE 15. FISCAL MATTERS RELATING TO SECRETARY OF STATE
SECTION 15.01. Section 405.014, Government Code, is amended
to read as follows:
Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each session
of the legislature the secretary of state shall obtain the bills
that have become law. Immediately after the closing of each session
of the legislature, the secretary of state shall bind all enrolled
bills and resolutions in volumes on which the date of the session is
placed.
(b) As soon as practicable after the closing of each session
of the legislature, the secretary of state shall publish and
maintain electronically the bills enacted at that session. The
electronic publication must be:
(1) indexed by bill number and assigned chapter number
for each bill; and
(2) made available by an electronic link on the
secretary of state's generally accessible Internet website.
SECTION 15.02. Subchapter B, Chapter 2158, Government Code,
is repealed.
SECTION 15.03. The change in law made by this article does
not apply to a contract for the publication of the laws of this
state entered into before the effective date of this article.
SECTION 15.04. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 16. FISCAL MATTERS REGARDING ATTORNEY GENERAL
SECTION 16.01. Section 402.006, Government Code, is amended
by adding Subsection (d) to read as follows:
(d) The attorney general may charge a reasonable fee for the
electronic filing of a document.
SECTION 16.02. The heading to Section 402.0212, Government
Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES.
SECTION 16.03. Section 402.0212, Government Code, is
amended by amending Subsections (b) and (c) and adding Subsections
(d), (e), and (f) to read as follows:
(b) At the request of a party to a contract described by
Subsection (a), the attorney general shall review an invoice
submitted to a state agency under the contract to determine whether
the invoice is eligible for payment. The attorney general may
charge the party requesting the review a reasonable fee for the
review.
(c) The attorney general may, at the attorney general's
discretion, review an invoice submitted to a state agency under a
contract described by Subsection (a).
(d) For purposes of this section, the functions of a hearing
examiner, administrative law judge, or other quasi-judicial
officer are not considered legal services.
(e) Subsections (a) and (d) do [(c) This section shall]
not apply to the Texas Turnpike Authority division of the Texas
Department of Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 16.04. Section 371.051, Transportation Code, is
amended to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND FEE. (a) A toll
project entity may not enter into a comprehensive development
agreement unless the attorney general reviews the proposed
agreement and determines that it is legally sufficient.
(b) The attorney general may charge a toll project entity a
reasonable fee for the review described in Subsection (a).
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the fee under Subsection
(b) for each proposed comprehensive development agreement.
(d) The toll project entity may collect or seek
reimbursement of the fee under Subsection (b) from the private
participant under the proposed comprehensive development
agreement.
(e) The attorney general may adopt rules necessary to
implement and administer this section.
SECTION 16.05. The fee prescribed by Section 402.006,
Government Code, as amended by this article, applies only to a
document electronically submitted to the office of the attorney
general on or after the effective date of this article.
SECTION 16.06. The fee prescribed by Section 402.0212,
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the attorney
general for review on or after the effective date of this article.
SECTION 16.07. The fee prescribed by Section 371.051,
Transportation Code, as amended by this article, applies only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this article.
SECTION 16.08. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 17. TEXAS PRESERVATION TRUST FUND ACCOUNT
SECTION 17.01. Sections 442.015(a), (b), and (f),
Government Code, are amended to read as follows:
(a) Notwithstanding Section [Sections 403.094 and] 403.095,
the Texas preservation trust fund account is a separate account in
the general revenue fund. The account consists of transfers made to
the account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, income earned
[earnings] on money in the account, and any other money received
under this section. Money in [Distributions from] the account may
be used only for the purposes of this section and [may not be used]
to pay operating expenses of the commission. Money allocated to the
commission's historic preservation grant program shall be
deposited to the credit of the account. Income earned [Earnings] on
money in the account shall be deposited to the credit of the
account.
(b) The commission may use money in [distributions from] the
Texas preservation trust fund account to provide financial
assistance to public or private entities for the acquisition,
survey, restoration, or preservation, or for planning and
educational activities leading to the preservation, of historic
property in the state that is listed in the National Register of
Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission determines
is eligible for such listing or designation. The financial
assistance may be in the amount and form and according to the terms
that the commission by rule determines. The commission shall give
priority to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants deposited to the credit of the
account specifically for any eligible projects may be used only for
the type of projects specified. If such a specification is not
made, the gift or grant shall be unencumbered and accrue to the
benefit of the Texas preservation trust fund account. If such a
specification is made, the entire amount of the gift or grant may be
used during any period for the project or type of project specified.
(f) The advisory board shall recommend to the commission
rules for administering this section [Subsections (a)-(e)].
SECTION 17.02. Sections 442.015(h), (i), (j), (k), and (l),
Government Code, are repealed.
SECTION 17.03. The comptroller and the Texas Historical
Commission shall enter into a memorandum of understanding to
facilitate the conversion of assets of the Texas preservation trust
fund account into cash for deposit into the state treasury using a
method that provides for the lowest amount of revenue loss to the
state.
SECTION 17.04. This article takes effect November 1, 2011.
ARTICLE 18. FISCAL MATTERS REGARDING OPERATION OF STATE CEMETERY
SECTION 18.01. Section 2165.256(a), Government Code, is
amended to read as follows:
(a) The State Cemetery Committee shall oversee all
operations of the State Cemetery. The committee shall develop a
budget for the operations of the State Preservation Board
[commission] relating to the State Cemetery and determine the
salary of employees of the State Preservation Board [commission]
whose duties primarily relate to the operation of the State
Cemetery.
SECTION 18.02. Sections 2165.2561(a), (k), (l), (p), (q),
(r), and (t), Government Code, are amended to read as follows:
(a) The State Cemetery Committee is composed of:
(1) three voting members appointed as follows:
(A) one member of the general public appointed by
the governor;
(B) one member of the general public appointed by
the governor from a list submitted by the lieutenant governor; and
(C) one member of the general public appointed by
the governor from a list submitted by the speaker of the house of
representatives; and
(2) three nonvoting advisory members appointed as
follows:
(A) one employee of the Texas Historical
Commission appointed by the executive director of the Texas
Historical Commission;
(B) one employee of the State Preservation Board
[Texas Building and Procurement Commission] appointed by the
executive director of the State Preservation Board [Texas Building
and Procurement Commission]; and
(C) one employee of the Parks and Wildlife
Department appointed by the executive director of the Parks and
Wildlife Department.
(k) The legislature shall separately appropriate money to
the committee within the appropriations to the State Preservation
Board [Texas Building and Procurement Commission] for all matters
relating to the operation of the State Cemetery. Activities
relating to maintenance of the State Cemetery grounds and monuments
shall conform to guidelines for historic preservation submitted to
the committee by the Texas Historical Commission.
(l) Funds appropriated to the State Preservation Board
[Texas Building and Procurement Commission] may be transferred by
interagency contract for the performance of, at the direction of
the committee, an act related to the State Cemetery.
(p) If the executive director of the State Preservation
Board [commission] has knowledge that a potential ground for
removal exists, the executive director shall notify the presiding
officer of the committee of the potential ground. The presiding
officer shall then notify the governor and the attorney general
that a potential ground for removal exists. If the potential ground
for removal involves the presiding officer, the executive director
shall notify the next highest ranking officer of the committee, who
shall then notify the governor and the attorney general that a
potential ground for removal exists.
(q) The executive director of the State Preservation Board
[commission] or the executive director's designee shall provide to
members of the committee, as often as necessary, information
regarding the requirements for office under this chapter, including
information regarding a person's responsibilities under applicable
laws relating to standards of conduct for state officers.
(r) A person who is appointed to and qualifies for office as
a member of the committee may not vote, deliberate, or be counted as
a member in attendance at a meeting of the committee until the
person completes a training program that complies with this
subsection. The training program must provide the person with
information regarding:
(1) the legislation that created the State Cemetery
and the State Cemetery Committee;
(2) the programs operated by the committee;
(3) the role and functions of the committee;
(4) the rules of the committee, with an emphasis on any
rules that relate to disciplinary and investigatory authority;
(5) the current budget for the committee;
(6) the results of the most recent formal audit of
cemetery operations;
(7) the requirements of:
(A) the open meetings law, Chapter 551;
(B) the public information law, Chapter 552;
(C) the administrative procedure law, Chapter
2001; and
(D) other laws relating to public officials,
including conflict-of-interest laws; and
(8) any applicable ethics policies adopted by the
State Preservation Board [commission], the committee, or the Texas
Ethics Commission.
(t) The committee shall develop and implement policies that
clearly separate the policymaking responsibilities of the
committee and the management responsibilities of the executive
director of the State Preservation Board [commission] and staff of
the cemetery.
SECTION 18.03. (a) Not later than January 1, 2012, the
following are transferred from the Texas Facilities Commission to
the State Preservation Board:
(1) the powers, duties, functions, programs, and
activities of the Texas Facilities Commission relating to the
operation of the State Cemetery under Sections 2165.256 and
2165.2561, Government Code;
(2) any obligations and contracts of the Texas
Facilities Commission that are directly related to implementing a
power, duty, function, program, or activity transferred under this
subsection; and
(3) all property and records in the custody of the
Texas Facilities Commission that are related to a power, duty,
function, program, or activity transferred under this subsection
and all funds appropriated by the legislature for that power, duty,
function, program, or activity.
(b) The executive director of the State Preservation Board
and the executive director of the Texas Facilities Commission may
agree by memorandum of understanding to transfer to the State
Preservation Board any personnel of the Texas Facilities Commission
whose functions predominantly involve powers, duties, obligations,
functions, and activities related to the operation of the State
Cemetery under Sections 2165.256 and 2165.2561, Government Code.
(c) A reference in law to the Texas Facilities Commission
that relates to a power, duty, function, program, or activity
transferred under Subsection (a) of this section means the State
Preservation Board.
SECTION 18.04. The Texas Facilities Commission and the
State Preservation Board shall enter into a memorandum of
understanding that:
(1) identifies in detail the applicable powers and
duties that are transferred by this article; and
(2) establishes a plan for the identification and
transfer of the records, personnel, property, and unspent
appropriations of the Texas Facilities Commission that are used for
purposes of the commission's powers and duties directly related to
the operation of the State Cemetery under Sections 2165.256 and
2165.2561, Government Code.
ARTICLE 19. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
SECTION 19.01. Section 2054.380, Government Code, is
amended to read as follows:
Sec. 2054.380. FEES. (a) The department shall set and
charge a fee to each state agency that receives a service from a
statewide technology center in an amount sufficient to cover the
direct and indirect cost of providing the service.
(b) Revenue derived from the collection of fees imposed
under Subsection (a) may be appropriated to the department for:
(1) developing statewide information resources
technology policies; and
(2) providing shared information resources technology
services.
SECTION 19.02. Section 2157.068(d), Government Code, is
amended to read as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases commodity items
through the department in an amount that is sufficient to recover
costs associated with the administration of this section. Revenue
derived from the collection of fees imposed under this subsection
may be appropriated to the department for:
(1) developing statewide information resources
technology policies; and
(2) providing shared information resources technology
services.
SECTION 19.03. Section 2170.057(d), Government Code, is
amended to read as follows:
(d) The department shall maintain in the revolving fund
account sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that exceed
this amount to the comptroller, and the comptroller shall transfer
the excess amounts to the credit of the general revenue fund. The
amounts transferred under this subsection may be appropriated to
the department for:
(1) developing statewide information resources
technology policies; and
(2) providing:
(A) shared information resources technology
services; and
(B) network security services under Chapter 2059
[statewide network applications account established by Section
2054.011].
SECTION 19.04. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 20. FISCAL MATTERS REGARDING REGULATION OF INSURERS
SECTION 20.01. Section 463.160, Insurance Code, is amended
to read as follows:
Sec. 463.160. PREMIUM TAX CREDIT FOR CLASS A ASSESSMENT.
The amount of a Class A assessment paid by a member insurer in each
taxable year shall be allowed as a credit on the amount of premium
taxes due [in the same manner as a credit is allowed under Section
401.151(e)].
SECTION 20.02. Sections 221.006, 222.007, 223.009,
401.151(e), and 401.154, Insurance Code, are repealed.
SECTION 20.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 21. FISCAL MATTERS REGARDING HEALTH CARE DELIVERY
SECTION 21.01. Subtitle A, Title 2, Insurance Code, is
amended by adding Chapter 41 to read as follows:
CHAPTER 41. HEALTH CARE PAYMENT AND DELIVERY SYSTEM REFORM
SUBCHAPTER A. HEALTH CARE PAYMENT AND DELIVERY SYSTEM REFORM
COMMITTEE
Sec. 41.001. DEFINITION. In this chapter, "committee"
means the Health Care Payment and Delivery System Reform Committee.
Sec. 41.002. ESTABLISHMENT; PURPOSE; ADMINISTRATIVE
SUPPORT. (a) The Health Care Payment and Delivery System Reform
Committee is established to identify priority outcomes for cost
containment and quality improvement in health benefit coverage and
health care services in this state.
(b) The committee is administratively attached to the
department. The department shall provide administrative support
and resources to the committee as necessary for the committee to
perform its duties.
Sec. 41.003. COMPOSITION OF COMMITTEE. The committee is
composed of:
(1) the following voting members:
(A) a representative of the Health and Human
Services Commission, appointed by the executive commissioner of the
Health and Human Services Commission;
(B) a representative of the Employees Retirement
System of Texas, appointed by the executive director of the system;
(C) two representatives of the Teacher
Retirement System of Texas, appointed by the executive director of
the system:
(i) one of whom has specialized knowledge
of basic plans under Chapter 1575; and
(ii) one of whom has specialized knowledge
of the catastrophic care coverage plan and the primary care
coverage plan under Chapter 1579;
(D) a representative of The Texas A&M University
System, appointed by the governing board of the system; and
(E) a representative of The University of Texas
System, appointed by the governing board of the system; and
(2) the following nonvoting members:
(A) a representative of the speaker of the house
of representatives, appointed by the speaker;
(B) a representative of the office of the
lieutenant governor, appointed by the lieutenant governor;
(C) a representative of the House Public Health
Committee or its successor, appointed by the chair of the
committee; and
(D) a representative of the Senate Health and
Human Services Committee or its successor, appointed by the chair
of the committee.
Sec. 41.004. TERMS; REMOVAL. (a) Voting members of the
committee serve staggered two-year terms, with the terms of three
members expiring on February 1 of each year. The members shall draw
lots at the first committee meeting to determine the length of each
member's initial term and which members' terms expire each year.
(b) The terms of the nonvoting members of the committee
expire February 1 of each even-numbered year.
(c) A member of the committee may be removed by the
commissioner with cause stated in writing. The appropriate person
or entity shall appoint in the manner provided by Section 41.003 a
replacement for a member who leaves or is removed from the
committee.
Sec. 41.005. DUTIES. The committee shall:
(1) develop a plan to identify priority outcomes for
cost containment and quality improvement in health insurance and
health care services in this state;
(2) coordinate initiatives for reform of health care
payment and delivery systems among state health payors;
(3) review pilot program proposals submitted to the
committee under Section 41.051(a) and recommend to the commissioner
for approval pilot programs the committee determines to be
consistent with purposes described by Section 41.002;
(4) review funding proposals submitted to the
committee under Section 41.051(b) and recommend to the commissioner
pilot programs the committee determines to be eligible for funding
under the rules adopted by the commissioner under Section 41.053;
and
(5) determine outcomes to be measured in evaluating
the effectiveness of each program approved by the commissioner
under Section 41.052.
Sec. 41.006. SUBMISSION AND POSTING OF PRIORITY OUTCOME
PLAN. Not later than September 1 of each even-numbered year, the
committee shall:
(1) update the priority outcome plan developed under
Section 41.005(1) as necessary;
(2) submit the priority outcome plan to:
(A) the governor; and
(B) the Legislative Budget Board; and
(3) make the priority outcome plan available to the
public on the Internet website maintained by the department.
Sec. 41.007. EXPIRATION OF CHAPTER. This chapter expires
September 1, 2021.
[Sections 41.008-41.050 reserved for expansion]
SUBCHAPTER B. HEALTH CARE PAYMENT AND DELIVERY SYSTEM REFORM PILOT
PROGRAMS
Sec. 41.051. PROPOSAL OF PILOT PROGRAMS BY PROVIDERS OF
HEALTH CARE SERVICES. (a) An individual or entity that provides
health care services in this state may submit to the committee a
proposal for a pilot program to design and implement a new health
care payment or delivery system.
(b) An individual or entity that submits a pilot program
proposal under Subsection (a) may submit to the committee an
application for funding for the pilot program. An application may
be submitted under this subsection:
(1) in conjunction with a pilot program proposal; or
(2) after a pilot program proposal is approved by the
commissioner under Section 41.052.
Sec. 41.052. APPROVAL BY COMMISSIONER; PILOT PROGRAM
PROPOSAL AND FUNDING. (a) On recommendation of the committee, the
commissioner may approve:
(1) a pilot program proposal submitted to the
committee under Section 41.051(a), if the commissioner finds that
the pilot program:
(A) adequately protects the interests of
patients and consumers; and
(B) may demonstrate improved economy and
efficiency for health care payment or delivery; or
(2) an application for funding for a pilot program
submitted to the committee under Section 41.051(b).
(b) The commissioner may approve an application under
Subsection (a)(2) only to the extent that sufficient appropriations
have been received by the department to fund the proposed pilot
program.
Sec. 41.053. RULES. The commissioner shall adopt rules
necessary to implement this subchapter, including rules that
establish a procedure through which a pilot program proposal or an
application for funding for a pilot program may be submitted to, and
approved by, the commissioner.
SECTION 21.02. Chapter 162, Occupations Code, is amended by
adding Subchapter F to read as follows:
SUBCHAPTER F. PARTICIPATION IN PILOT PROGRAM TO PROMOTE HEALTH
CARE PAYMENT AND DELIVERY SYSTEM REFORM
Sec. 162.301. EMPLOYMENT OF PHYSICIANS. (a) A person,
including a partnership, trust, association, or corporation,
operating a pilot program approved by the Health Care Payment and
Delivery System Reform Committee under Chapter 41, Insurance Code,
may employ a physician:
(1) for the purposes of the pilot program; and
(2) for the duration of the pilot program, as
approved.
(b) A person that employs a physician under this section
does not violate Section 164.052(a)(13) or (17) or 165.156, or any
other law that prohibits the practice of medicine by a person other
than a physician, to the extent that the physician is performing
services for the purpose of the pilot program.
(c) This section does not authorize a person to supervise or
control the practice of medicine or permit the unauthorized
practice of medicine as prohibited by this subtitle.
Sec. 162.302. EXPIRATION OF SUBCHAPTER. This subchapter
expires September 1, 2021.
SECTION 21.03. Notwithstanding Section 41.006, Insurance
Code, as added by this article, not later than February 1, 2012, the
Health Care Payment and Delivery System Reform Committee shall
develop the first plan required by Section 41.005(1), Insurance
Code, as added by this article, submit the plan to the governor and
Legislative Budget Board, and make the plan available to the public
on the Texas Department of Insurance's Internet website.
SECTION 21.04. This article takes effect September 1, 2011.
ARTICLE 22. FISCAL MATTERS RELATED TO PUBLIC EDUCATION
SECTION 22.01. Notwithstanding any other law, during the
2011-2012 and 2012-2013 school years, a school district may reduce
the minimum number of days of service for educators employed under a
contract for either of those school years and reduce the salary of
those educators by an amount corresponding to the reduction in the
number of days of service.
SECTION 22.02. Section 25.112(a), Education Code, is
amended to read as follows:
(a) Except as otherwise authorized by this section, a school
district may not enroll more than a district-wide average of 21
[22] students in [a] kindergarten, first, second, third, and [or]
fourth grade classes [class]. That limitation does not apply
during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 42.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
SECTION 22.03. (a) Sections 21.402(a) and (b), Education
Code, are amended to read as follows:
(a) Except as provided by Subsection [(d),] (e)[,] or (f), a
school district must pay each classroom teacher, full-time
librarian, full-time counselor certified under Subchapter B, or
full-time school nurse not less than the minimum monthly salary[,
based on the employee's level of experience in addition to other
factors, as determined by commissioner rule,] determined as
provided by Subsection (b). [the following formula:
[MS = SF x FS
[where:
["MS" is the minimum monthly salary;
["SF" is the applicable salary factor specified by Subsection
(c); and
["FS" is the amount, as determined by the commissioner under
Subsection (b), of state and local funds per weighted student,
including funds provided under Section 42.2516, available to a
district eligible to receive state assistance under Section 42.302
with a maintenance and operations tax rate per $100 of taxable value
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by $1.50, except that
the amount of state and local funds per weighted student does not
include the amount attributable to the increase in the guaranteed
level made by Chapter 1187, Acts of the 77th Legislature, Regular
Session, 2001.]
(b) The commissioner shall adopt rules to establish a method
for annually setting a salary schedule for classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, and full-time school nurses based on the employee's
level of experience. The commissioner's method may provide a
salary level for each year of experience from 0 years through 20
years. Not later than June 1 of each year, the commissioner shall
determine, based on the salary schedule, the minimum monthly salary
for each classroom teacher, full-time librarian, full-time
counselor certified under Subchapter B, and full-time nurse [the
amount of state and local funds per weighted student available, for
purposes of Subsection (a), to a district described by that
subsection] for the following school year.
(b) This section applies beginning with the 2012-2013
school year.
SECTION 22.04. (a) Section 21.403(a), Education Code, is
amended to read as follows:
(a) A teacher, librarian, counselor, or nurse shall advance
one level [step] on the minimum salary schedule established by
commissioner rule under Section 21.402 for each year of experience
as a teacher, librarian, counselor, or nurse until level [step] 20
is reached.
(b) This section applies beginning with the 2012-2013
school year.
SECTION 22.05. (a) Section 42.2516, Education Code, is
amended by adding Subsection (e-1) to read as follows:
(e-1) The amount of state aid or credit to which a school
district is entitled under Section 42.2518 is in addition to the
amount of revenue to which the district is entitled under
Subsection (b).
(b) This section applies beginning with the 2012-2013
school year.
SECTION 22.06. (a) Subchapter E, Chapter 42, Education
Code, is amended by adding Section 42.2518 to read as follows:
Sec. 42.2518. ADDITIONAL STATE AID OR CREDIT AGAINST COST
OF ATTENDANCE CREDITS FOR PROFESSIONAL STAFF SALARIES. (a) For
each school year, a school district, including a school district
that is otherwise ineligible for state aid under this chapter, is
entitled to state aid in an amount, as determined by the
commissioner, equal to the difference between the district's salary
cost under Section 21.402, as amended by __.B. ___, Acts of the 82nd
Legislature, Regular Session, 2011, for all classroom teachers,
full-time librarians, full-time counselors certified under
Subchapter B, Chapter 21, and full-time school nurses employed by
the district and an amount equal to what the district's salary costs
would have been for that school year under Section 21.402, as it
existed before amendment by __.B. ___, Acts of the 82nd
Legislature, Regular Session, 2011.
(b) A school district that is required to take action under
Chapter 41 to reduce its wealth per student to the equalized wealth
level is entitled to a credit, in the amount of state aid to which
the district is entitled under this section, against the total
amount required under Section 41.093 for the district to purchase
attendance credits.
(c) A determination by the commissioner under this section
is final and may not be appealed.
(d) The commissioner may adopt rules to implement this
section.
(b) This section applies beginning with the 2012-2013
school year.
SECTION 22.07. Effective September 1, 2011, Sections
21.402(c) and (d), Education Code, are repealed.
SECTION 22.08. Not later than January 1, 2012, the
commissioner of education shall adopt rules to establish a method
for annually setting a salary schedule as provided by Section
21.402(b), Education Code, as amended by this article.
SECTION 22.09. Except as otherwise provided by this
article, this article applies beginning with the 2011-2012 school
year.
SECTION 22.10. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 23. HEALTH AND HUMAN SERVICES BENEFITS IN GENERAL
SECTION 23.01. Subchapter B, Chapter 531, Government Code,
is amended by adding Section 531.0998 to read as follows:
Sec. 531.0998. MEMORANDUM OF UNDERSTANDING REGARDING
PUBLIC ASSISTANCE REPORTING INFORMATION SYSTEM. (a) In this
section, "system" means the Public Assistance Reporting
Information System (PARIS) operated by the Administration for
Children and Families of the United States Department of Health and
Human Services.
(b) The commission, the Department of Aging and Disability
Services, the Texas Veterans Commission, and the Veterans' Land
Board shall enter into a memorandum of understanding for the
purposes of:
(1) coordinating and collecting information about the
use and analysis among state agencies of data received from the
system; and
(2) developing new strategies for state agencies to
use system data in ways that generate fiscal savings for the state.
(c) Not later than October 15, 2012, the commission, the
Department of Aging and Disability Services, the Texas Veterans
Commission, and the Veterans' Land Board collectively shall submit
to the governor and the Legislative Budget Board a report
describing:
(1) the frequency and success with which state
agencies have used the system;
(2) the costs to the state that were avoided as a
result of state agencies' use of the system; and
(3) recommendations for future use of the system by
state agencies.
(d) Subsection (c) and this subsection expire September 2,
2013.
SECTION 23.02. Not later than December 1, 2011, the Health
and Human Services Commission, the Department of Aging and
Disability Services, the Texas Veterans Commission, and the
Veterans' Land Board shall enter into a memorandum of understanding
as required by Section 531.0998, Government Code, as added by this
article.
ARTICLE 24. TEMPORARY ASSISTANCE FOR NEEDY FAMILIES AND
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAMS
SECTION 24.01. Section 31.0325, Human Resources Code, is
repealed.
SECTION 24.02. On the effective date of this Act, the Health
and Human Services Commission and each health and human services
agency, as defined by Section 531.001, Government Code, shall
discontinue using electronic fingerprint-imaging or photo-imaging
of applicants for and recipients of financial assistance under
Chapter 31, Human Resources Code, or food stamp benefits under
Chapter 33, Human Resources Code.
ARTICLE 25. MEDICAID PROGRAM
SECTION 25.01. (a) Section 531.001, Government Code, is
amended by adding Subdivision (7) to read as follows:
(7) "Telemonitoring" means the use of
telecommunications and information technology to provide access to
health assessment, intervention, consultation, supervision, and
information across distance. Telemonitoring includes the use of
technologies such as telephones, facsimile machines, e-mail
systems, text messaging systems, and remote patient monitoring
devices to collect and transmit patient data for monitoring and
interpretation.
(b) Subchapter B, Chapter 531, Government Code, is amended
by adding Sections 531.02176, 531.02177, and 531.02178 to read as
follows:
Sec. 531.02176. MEDICAID TELEMONITORING PILOT PROGRAMS FOR
DIABETES. (a) The commission shall determine whether the Medicaid
Enhanced Care program's diabetes self-management training
telemonitoring pilot program was cost neutral.
(b) In determining whether the pilot program described by
Subsection (a) was cost neutral, the commission shall, at a
minimum, compare:
(1) the health care costs of program participants who
received telemonitoring services with the health care costs of a
group of Medicaid recipients who did not receive telemonitoring
services;
(2) the health care services used by program
participants who received telemonitoring services with the health
care services used by a group of Medicaid recipients who did not
receive telemonitoring services;
(3) for program participants who received
telemonitoring services, the amount spent on health care services
before, during, and after the receipt of telemonitoring services;
and
(4) for program participants who received
telemonitoring services, the health care services used before,
during, and after the receipt of telemonitoring services.
(c) If the commission determines that the pilot program
described by Subsection (a) was cost neutral, the executive
commissioner shall adopt rules for providing telemonitoring
services through the Medicaid Texas Health Management Program for
select diabetes patients in a manner comparable to that program.
(d) If the commission determines that the pilot program
described by Subsection (a) was not cost neutral, the commission
shall develop and implement within the Medicaid Texas Health
Management Program for select diabetes patients a new diabetes
telemonitoring pilot program based on evidence-based best
practices, provided that the commission determines implementing
the new diabetes telemonitoring pilot program would be cost
neutral.
(e) In determining whether implementing a new diabetes
telemonitoring pilot program under Subsection (d) would be cost
neutral, the commission shall consider appropriate factors,
including the following:
(1) the target population, participant eligibility
criteria, and the number of participants to whom telemonitoring
services would be provided;
(2) the type of telemonitoring technology to be used;
(3) the estimated cost of the telemonitoring services
to be provided;
(4) the estimated cost differential to the state based
on changes in participants' use of emergency department services,
outpatient services, pharmaceutical and ancillary services, and
inpatient services other than inpatient labor and delivery
services; and
(5) other indirect costs that may result from the
provision of telemonitoring services.
Sec. 531.02177. MEDICAID TELEMONITORING PILOT PROGRAM FOR
CERTAIN CONDITIONS. (a) The commission shall develop and
implement a pilot program within the Medicaid Texas Health
Management Program to evaluate the cost neutrality of providing
telemonitoring services to persons who are diagnosed with health
conditions other than diabetes, if the commission determines
implementing the pilot program would be cost neutral.
(b) In determining whether implementing a pilot program
under Subsection (a) would be cost neutral, the commission shall
consider appropriate factors, including the following:
(1) the types of health conditions that could be
assessed through the program by reviewing existing research and
other evidence on the effectiveness of providing telemonitoring
services to persons with those conditions;
(2) the target population, participant eligibility
criteria, and the number of participants to whom telemonitoring
services would be provided;
(3) the type of telemonitoring technology to be used;
(4) the estimated cost of the telemonitoring services
to be provided;
(5) the estimated cost differential to the state based
on changes in participants' use of emergency department services,
outpatient services, pharmaceutical and ancillary services, and
inpatient services other than inpatient labor and delivery
services; and
(6) other indirect costs that may result from the
provision of telemonitoring services.
Sec. 531.02178. DISSEMINATION OF INFORMATION ABOUT
EFFECTIVE TELEMONITORING STRATEGIES. The commission shall
annually:
(1) identify telemonitoring strategies implemented
within the Medicaid program that have demonstrated cost neutrality
or resulted in improved performance on key health measures; and
(2) disseminate information about the identified
strategies to encourage the adoption of effective telemonitoring
strategies.
(c) Not later than January 1, 2012, the executive
commissioner of the Health and Human Services Commission shall
adopt the rules required by Section 531.02176(c), Government Code,
as added by this section, if the commission determines that the
Medicaid Enhanced Care program's diabetes self-management training
telemonitoring pilot program was cost neutral.
(d) Not later than September 1, 2012, the Health and Human
Services Commission shall determine whether implementing a new
diabetes telemonitoring pilot program would be cost neutral if
required by Section 531.02176(d), Government Code, as added by this
section, and report that determination to the governor and the
Legislative Budget Board.
(e) Not later than September 1, 2012, the Health and Human
Services Commission shall determine whether implementing a
telemonitoring pilot program for health conditions other than
diabetes would be cost neutral as required by Section 531.02177(a),
Government Code, as added by this section, and report that
determination to the governor and the Legislative Budget Board.
SECTION 25.02. Subchapter B, Chapter 531, Government Code,
is amended by adding Sections 531.02417 and 531.024171 to read as
follows:
Sec. 531.02417. MEDICAID NURSING SERVICES ASSESSMENTS. (a)
In this section, "acute nursing services" means home health skilled
nursing services, home health aide services, and private duty
nursing services.
(b) The commission shall develop an objective assessment
process for use in assessing the needs of a Medicaid recipient for
acute nursing services. The commission shall require that:
(1) the assessment be conducted by a state employee or
contractor who is not the person who will deliver any necessary
services to the recipient and is not affiliated with the person who
will deliver those services; and
(2) the process include:
(A) an assessment of specified criteria and
documentation of the assessment results on a standard form; and
(B) completion by the person conducting the
assessment of any documents related to obtaining prior
authorization for necessary nursing services.
(c) The commission shall:
(1) implement the objective assessment process
developed under Subsection (b) within the Medicaid fee-for-service
model and the primary care case management Medicaid managed care
model; and
(2) take necessary actions, including modifying
contracts with managed care organizations under Chapter 533 to the
extent allowed by law, to implement the process within the STAR and
STAR+PLUS Medicaid managed care programs.
Sec. 531.024171. THERAPY SERVICES ASSESSMENTS. (a) In
this section, "therapy services" includes occupational, physical,
and speech therapy services.
(b) After implementing the objective assessment process for
acute nursing services as required by Section 531.02417, the
commission shall consider whether implementing a comparable
process with respect to assessing the needs of a Medicaid recipient
for therapy services would be feasible and beneficial.
(c) If the commission determines that implementing a
comparable process with respect to one or more types of therapy
services is feasible and would be beneficial, the commission may
implement the process within:
(1) the Medicaid fee-for-service model;
(2) the primary care case management Medicaid managed
care model; and
(3) the STAR and STAR+PLUS Medicaid managed care
programs.
SECTION 25.03. Subchapter B, Chapter 531, Government Code,
is amended by adding Sections 531.086 and 531.0861 to read as
follows:
Sec. 531.086. STUDY REGARDING PHYSICIAN INCENTIVE PROGRAMS
TO REDUCE HOSPITAL EMERGENCY ROOM USE FOR NON-EMERGENT CONDITIONS.
(a) The commission shall conduct a study to evaluate physician
incentive programs that attempt to reduce hospital emergency room
use for non-emergent conditions by recipients under the medical
assistance program. Each physician incentive program evaluated in
the study must:
(1) be administered by a health maintenance
organization participating in the STAR or STAR + PLUS Medicaid
managed care program; and
(2) provide incentives to primary care providers who
attempt to reduce emergency room use for non-emergent conditions by
recipients.
(b) The study conducted under Subsection (a) must evaluate:
(1) the cost-effectiveness of each component included
in a physician incentive program; and
(2) any change in statute required to implement each
component within the Medicaid fee-for-service or primary care case
management model.
(c) Not later than August 31, 2012, the executive
commissioner shall submit to the governor and the Legislative
Budget Board a report summarizing the findings of the study
required by this section.
(d) This section expires September 1, 2013.
Sec. 531.0861. PHYSICIAN INCENTIVE PROGRAM TO REDUCE
HOSPITAL EMERGENCY ROOM USE FOR NON-EMERGENT CONDITIONS. (a) The
executive commissioner by rule shall establish a physician
incentive program designed to reduce the use of hospital emergency
room services for non-emergent conditions by recipients under the
medical assistance program.
(b) In establishing the physician incentive program under
Subsection (a), the executive commissioner may include only the
program components identified as cost-effective in the study
conducted under Section 531.086.
(c) If the physician incentive program includes the payment
of an enhanced reimbursement rate for routine after-hours
appointments, the executive commissioner shall implement controls
to ensure that the after-hours services billed are actually being
provided outside of normal business hours.
ARTICLE 26. FEDERAL AUTHORIZATION REGARDING HEALTH AND HUMAN
SERVICES PROGRAMS
SECTION 26.01. If before implementing any provision of
Article 23, 24, or 25 of this Act a state agency determines that a
waiver or authorization from a federal agency is necessary for
implementation of that provision, the agency affected by the
provision shall request the waiver or authorization and may delay
implementing that provision until the waiver or authorization is
granted.
ARTICLE 27. FISCAL MATTERS CONCERNING RETIRED TEACHERS
SECTION 27.01. Section 825.404(a), Government Code, is
amended to read as follows:
(a) During each fiscal year, the state shall contribute to
the retirement system an amount equal to at least six and not more
than 10 percent of the aggregate annual compensation of all members
of the retirement system during that fiscal year. [The amount of
the state contribution made under this section may not be less than
the amount contributed by members during that fiscal year in
accordance with Section 825.402.]
SECTION 27.02. Section 1575.202(a), Insurance Code, is
amended to read as follows:
(a) Each state fiscal year, the state shall contribute to
the fund an amount equal to 0.5 [one] percent of the salary of each
active employee.
SECTION 27.03. The changes in law made by this article apply
beginning with the state fiscal year that begins September 1, 2011.
ARTICLE 28. FISCAL MATTERS CONCERNING STATE REVENUE FOR SCHOOL
DISTRICTS
SECTION 28.01. Section 42.2516, Education Code, is amended
by amending Subsection (b) and adding Subsection (b-2) to read as
follows:
(b) Notwithstanding any other provision of this title, but
subject to the limit imposed by Subsection (b-2), a school district
that imposes a maintenance and operations tax at a rate at least
equal to the product of the state compression percentage multiplied
by the maintenance and operations tax rate adopted by the district
for the 2005 tax year is entitled to at least the amount of state
revenue necessary to provide the district with the sum of:
(1) as calculated under Subsection (e), the amount of
state and local revenue per student in weighted average daily
attendance for maintenance and operations that the district would
have received during the 2009-2010 school year under Chapter 41 and
this chapter, as those chapters existed on January 1, 2009, at a
maintenance and operations tax rate equal to the product of the
state compression percentage for that year multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
(2) an amount equal to the product of $120 multiplied
by the number of students in weighted average daily attendance in
the district;
(3) an amount equal to the amount the district is
required to pay into the tax increment fund for a reinvestment zone
under Section 311.013(n), Tax Code, in the current tax year; and
(4) any amount to which the district is entitled under
Section 42.106.
(b-2) Notwithstanding any other provision of this section,
the amount of state revenue to which a school district is entitled
under Subsection (b) may not exceed the amount necessary to result
in a total amount of state and local revenue per student in weighted
average daily attendance of $8,000.
ARTICLE 29. FISCAL MATTERS CONCERNING ADVANCED PLACEMENT
SECTION 29.01. Section 28.053(h), Education Code, is
amended to read as follows:
(h) The commissioner may enter into agreements with the
college board and the International Baccalaureate Organization to
pay for all examinations taken by eligible public school students.
An eligible student is a student [one] who:
(1) takes a college advanced placement or
international baccalaureate course at a public school or who is
recommended by the student's principal or teacher to take the test;
and
(2) demonstrates financial need as determined in
accordance with guidelines adopted by the board that are consistent
with the definition of financial need adopted by the college board
or the International Baccalaureate Organization.
ARTICLE 30. FISCAL MATTERS CONCERNING EARLY HIGH SCHOOL GRADUATION
SECTION 30.01. Subchapter K, Chapter 56, Education Code, is
amended by adding Section 56.2012 to read as follows:
Sec. 56.2012. EXPIRATION OF SUBCHAPTER; ELIGIBILITY
CLOSED. (a) This subchapter expires September 1, 2017.
(b) Notwithstanding Section 56.203, a person may not
receive an award under this subchapter if the person graduates from
high school on or after September 1, 2011.
SECTION 30.02. Section 54.213(b), Education Code, is
amended to read as follows:
(b) [Savings to the foundation school fund that occur as a
result of the Early High School Graduation Scholarship program
created in Subchapter K, Chapter 56, and that are not required for
the funding of state credits for tuition and mandatory fees under
Section 56.204 or school district credits under Section 56.2075
shall be used first to provide tuition exemptions under Section
54.212. Any of those savings remaining after providing tuition
exemptions under Section 54.212 shall be used to provide tuition
exemptions under Section 54.214.] The Texas Education Agency shall
[also] accept and make available to provide tuition exemptions
under Section 54.214 gifts, grants, and donations made to the
agency for that purpose. The commissioner of education shall
transfer those funds to the Texas Higher Education Coordinating
Board to distribute to institutions of higher education that
provide exemptions under that section. [Payment of funds under
this subsection shall be made in the manner provided by Section
56.207 for state credits under Subchapter K, Chapter 56.]
SECTION 30.03. Section 56.210, Education Code, is repealed.
ARTICLE 31. FISCAL MATTERS CONCERNING TUITION EXEMPTIONS
SECTION 31.01. Section 54.214(c), Education Code, is
amended to read as follows:
(c) To be eligible for an exemption under this section, a
person must:
(1) be a resident of this state;
(2) be a school employee serving in any capacity;
(3) for the initial term or semester for which the
person receives an exemption under this section, have worked as an
educational aide for at least one school year during the five years
preceding that term or semester;
(4) establish financial need as determined by
coordinating board rule;
(5) be enrolled at the institution of higher education
granting the exemption in courses required for teacher
certification in one or more subject areas determined by the Texas
Education Agency to be experiencing a critical shortage of teachers
at the public schools in this state [at the institution of higher
education granting the exemption];
(6) maintain an acceptable grade point average as
determined by coordinating board rule; and
(7) comply with any other requirements adopted by the
coordinating board under this section.
SECTION 31.02. The change in law made by this article
applies beginning with tuition and fees charged for the 2011 fall
semester. Tuition and fees charged for a term or semester before
the 2011 fall semester are covered by the law in effect during the
term or semester for which the tuition and fees are charged, and the
former law is continued in effect for that purpose.
ARTICLE 32. FISCAL MATTERS CONCERNING DUAL HIGH SCHOOL AND JUNIOR
COLLEGE CREDIT
SECTION 32.01. Section 130.008(c), Education Code, is
amended to read as follows:
(c) The contact hours attributable to the enrollment of a
high school student in a course offered for joint high school and
junior college credit under this section, excluding a course for
which the student attending high school may receive course credit
toward the physical education curriculum requirement under Section
28.002(a)(2)(C), shall be included in the contact hours used to
determine the junior college's proportionate share of the state
money appropriated and distributed to public junior colleges under
Sections 130.003 and 130.0031, even if the junior college waives
all or part of the tuition or fees for the student under Subsection
(b).
SECTION 32.02. This article applies beginning with funding
for the 2011 fall semester.
ARTICLE 33. EFFECTIVE DATE
SECTION 33.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.