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Texas House Bill HB2977

Texas 2015 - 84th Regular

Texas House Bill HB2977 Compare Versions

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1-By: Coleman H.B. No. 2977
2- Substitute the following for H.B. No. 2977:
3- By: Romero, Jr. C.S.H.B. No. 2977
1+By: Coleman (Senate Sponsor - Lucio) H.B. No. 2977
2+ (In the Senate - Received from the House May 11, 2015;
3+ May 12, 2015, read first time and referred to Committee on
4+ Intergovernmental Relations; May 26, 2015, reported adversely,
5+ with favorable Committee Substitute by the following vote: Yeas 4,
6+ Nays 2; May 26, 2015, sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 2977 By: Lucio
49
510
611 A BILL TO BE ENTITLED
712 AN ACT
8- relating to counties and certain other political subdivisions.
13+ relating to issues affecting counties and certain other
14+ governmental entities; authorizing fees.
915 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10- SECTION 1. Section 1001.201, Health and Safety Code, as
11- added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
12- Regular Session, 2013, is amended by adding Subdivisions (4) and
13- (5) to read as follows:
16+ SECTION 1. Subchapter B, Chapter 1, Family Code, is amended
17+ by adding Section 1.109 to read as follows:
18+ Sec. 1.109. CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF
19+ INFORMAL MARRIAGE PROHIBITED. (a) This state or a political
20+ subdivision of this state may not use any funds to issue, enforce,
21+ or recognize a marriage license or declaration of informal marriage
22+ for a union other than a union between one man and one woman.
23+ (b) An employee or official of this state or a political
24+ subdivision of this state may not issue, enforce, or recognize a
25+ marriage license or declaration of informal marriage for a union
26+ other than a union between one man and one woman.
27+ (c) This state or a political subdivision of this state may
28+ not use any funds to enforce an order requiring the issuance,
29+ enforcement, or recognition of a marriage license or declaration of
30+ informal marriage for a union other than a union between one man and
31+ one woman.
32+ SECTION 2. Effective September 1, 2015, Subchapter H,
33+ Chapter 51, Government Code, is amended by adding Section 51.712 to
34+ read as follows:
35+ Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN
36+ KAUFMAN COUNTY. (a) This section applies only to district courts,
37+ statutory probate courts, county courts at law, and justice courts
38+ in Kaufman County.
39+ (b) Except as otherwise provided by this section and in
40+ addition to all other fees authorized or required by other law, the
41+ clerk of a court shall collect a filing fee of not more than $15 in
42+ each civil case filed in the court to be used for the construction,
43+ renovation, or improvement of the facilities that house the Kaufman
44+ courts collecting the fee.
45+ (c) Court fees due under this section shall be collected in
46+ the same manner as other fees, fines, or costs are collected in the
47+ case.
48+ (d) The clerk shall send the fees collected under this
49+ section to the county treasurer or to any other official who
50+ discharges the duties commonly assigned to the county treasurer at
51+ least as frequently as monthly. The treasurer or other official
52+ shall deposit the fees in a special account in the county treasury
53+ dedicated to the construction, renovation, or improvement of the
54+ facilities that house the courts collecting the fee.
55+ (e) This section applies only to fees for a 12-month period
56+ beginning July 1, if the commissioners court:
57+ (1) adopts a resolution authorizing a fee of not more
58+ than $15; and
59+ (2) files the resolution with the county treasurer or
60+ with any other official who discharges the duties commonly assigned
61+ to the county treasurer not later than June 1 immediately preceding
62+ the first 12-month period during which the fees are to be collected.
63+ (f) A resolution adopted under Subsection (e) continues
64+ from year to year until July 1, 2030, allowing the county to collect
65+ fees under the terms of this section until the resolution is
66+ rescinded.
67+ (g) The commissioners court may rescind a resolution
68+ adopted under Subsection (e) by adopting a resolution rescinding
69+ the resolution and submitting the rescission resolution to the
70+ county treasurer or to any other official who discharges the duties
71+ commonly assigned to the county treasurer not later than June 1
72+ preceding the beginning of the first day of the county fiscal year.
73+ The commissioners court may adopt an additional resolution in the
74+ manner provided by Subsection (e) after rescinding a previous
75+ resolution under that subsection.
76+ (h) A fee established under a particular resolution is
77+ abolished on the earlier of:
78+ (1) the date a resolution adopted under Subsection (e)
79+ is rescinded as provided by Subsection (g); or
80+ (2) July 1, 2030.
81+ SECTION 3. Effective September 1, 2015, Subchapter D,
82+ Chapter 101, Government Code, is amended by adding Section
83+ 101.061193 to read as follows:
84+ Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT
85+ FACILITIES: GOVERNMENT CODE. The clerk of a district court in
86+ Kaufman County shall collect an additional filing fee of not more
87+ than $15 under Section 51.712, Government Code, in civil cases to
88+ fund the construction, renovation, or improvement of court
89+ facilities, if authorized by the county commissioners court.
90+ SECTION 4. Effective September 1, 2015, Subchapter E,
91+ Chapter 101, Government Code, is amended by adding Section
92+ 101.081196 to read as follows:
93+ Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES FOR
94+ COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county
95+ court in Kaufman County shall collect an additional filing fee of
96+ not more than $15 under Section 51.712, Government Code, in civil
97+ cases to fund the construction, renovation, or improvement of court
98+ facilities, if authorized by the county commissioners court.
99+ SECTION 5. Effective September 1, 2015, Subchapter F,
100+ Chapter 101, Government Code, is amended by adding Section
101+ 101.101191 to read as follows:
102+ Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES
103+ FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory
104+ probate court in Kaufman County shall collect an additional filing
105+ fee of not more than $15 under Section 51.712, Government Code, in
106+ civil cases to fund the construction, renovation, or improvement of
107+ court facilities, if authorized by the county commissioners court.
108+ SECTION 6. Effective September 1, 2015, Subchapter H,
109+ Chapter 101, Government Code, is amended by adding Section 101.143
110+ to read as follows:
111+ Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT
112+ FACILITIES COLLECTED BY CLERK. The clerk of a justice court in
113+ Kaufman County shall collect an additional filing fee of not more
114+ than $15 under Section 51.712, Government Code, in civil cases to
115+ fund the construction, renovation, or improvement of court
116+ facilities, if authorized by the county commissioners court.
117+ SECTION 7. Section 1502.056, Government Code, is amended by
118+ adding Subsection (a-1) to read as follows:
119+ (a-1) For a municipality in a county that contains an
120+ international border and borders the Gulf of Mexico, the first lien
121+ against the revenue of a municipally owned utility system that
122+ secures the payment of public securities issued or obligations
123+ incurred under this chapter also applies to funding, as a necessary
124+ operations expense, for a bill payment assistance program for the
125+ utility system's customers who:
126+ (1) have been determined by the municipality to be
127+ low-income customers;
128+ (2) are military veterans who have significantly
129+ decreased abilities to regulate their bodies' core temperatures
130+ because of severe burns received in combat; or
131+ (3) are elderly and low-income customers as determined
132+ by the municipality.
133+ SECTION 8. Section 194.001, Health and Safety Code, is
134+ amended by adding Subsection (c) to read as follows:
135+ (c) A county clerk may not file, and the vital statistics
136+ unit may not enter into the vital statistics system, a document copy
137+ described by Subsection (a) or (b) that is associated with a union
138+ other than a union between one man and one woman. If the vital
139+ statistics unit determines that the document copy is associated
140+ with a union other than a union between one man and one woman, the
141+ vital statistics unit shall provide the document copy to the
142+ attorney general.
143+ SECTION 9. Section 285.101, Health and Safety Code, is
144+ amended by amending Subsection (a) and adding Subsection (b-1) to
145+ read as follows:
146+ (a) This subchapter applies only to a hospital, hospital
147+ district, or authority created and operated under Article IX, Texas
148+ Constitution, under a special law, or under this title [that is
149+ located in:
150+ [(1) a county with a population of 35,000 or less;
151+ [(2) those portions of extended municipalities that
152+ the federal census bureau has determined to be rural; or
153+ [(3) an area that is not delineated as an urbanized
154+ area by the federal census bureau].
155+ (b-1) A facility or service under Subsection (b) may be
156+ located or offered, as applicable, in any location that the
157+ governing body of the hospital, hospital district, or authority
158+ considers to be in the best interest of the hospital, hospital
159+ district, or authority, subject to any limitation imposed by:
160+ (1) a rule of the Department of State Health Services;
161+ or
162+ (2) an order of the commissioners court of a county in
163+ which any part of the facility will be located or the service will
164+ be offered, if the county in which any part of the facility will be
165+ located or the service will be offered does not have a public
166+ hospital, hospital district, or hospital authority.
167+ SECTION 10. Section 288.001(4), Health and Safety Code, is
168+ amended to read as follows:
169+ (4) "Institutional health care provider" means a
170+ nonpublic hospital that provides inpatient hospital services
171+ [licensed under Chapter 241].
172+ SECTION 11. Subtitle D, Title 4, Health and Safety Code, is
173+ amended by adding Chapter 291 to read as follows:
174+ CHAPTER 291. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
175+ CERTAIN COUNTIES BORDERING ARKANSAS
176+ SUBCHAPTER A. GENERAL PROVISIONS
177+ Sec. 291.001. DEFINITIONS. In this chapter:
178+ (1) "Institutional health care provider" means a
179+ nonpublic hospital that provides inpatient hospital services.
180+ (2) "Paying hospital" means an institutional health
181+ care provider required to make a mandatory payment under this
182+ chapter.
183+ (3) "Program" means the county health care provider
184+ participation program authorized by this chapter.
185+ Sec. 291.002. APPLICABILITY. This chapter applies only to
186+ a county that:
187+ (1) is not served by a hospital district or a public
188+ hospital;
189+ (2) is located on the state border with Arkansas; and
190+ (3) has a population of more than 90,000.
191+ Sec. 291.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
192+ PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
193+ provider participation program authorizes a county to collect a
194+ mandatory payment from each institutional health care provider
195+ located in the county to be deposited in a local provider
196+ participation fund established by the county. Money in the fund may
197+ be used by the county to fund certain intergovernmental transfers
198+ and indigent care programs as provided by this chapter.
199+ (b) The commissioners court may adopt an order authorizing a
200+ county to participate in the program, subject to the limitations
201+ provided by this chapter.
202+ SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
203+ Sec. 291.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
204+ PAYMENT. The commissioners court of a county may require a
205+ mandatory payment authorized under this chapter by an institutional
206+ health care provider in the county only in the manner provided by
207+ this chapter.
208+ Sec. 291.052. MAJORITY VOTE REQUIRED. The commissioners
209+ court of a county may not authorize the county to collect a
210+ mandatory payment authorized under this chapter without an
211+ affirmative vote of a majority of the members of the commissioners
212+ court.
213+ Sec. 291.053. RULES AND PROCEDURES. After the
214+ commissioners court has voted to require a mandatory payment
215+ authorized under this chapter, the commissioners court may adopt
216+ rules relating to the administration of the mandatory payment.
217+ Sec. 291.054. INSTITUTIONAL HEALTH CARE PROVIDER
218+ REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
219+ county that collects a mandatory payment authorized under this
220+ chapter shall require each institutional health care provider to
221+ submit to the county a copy of any financial and utilization data
222+ required by and reported to the Department of State Health Services
223+ under Sections 311.032 and 311.033 and any rules adopted by the
224+ executive commissioner of the Health and Human Services Commission
225+ to implement those sections.
226+ (b) The commissioners court of a county that collects a
227+ mandatory payment authorized under this chapter may inspect the
228+ records of an institutional health care provider to the extent
229+ necessary to ensure compliance with the requirements of Subsection
230+ (a).
231+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
232+ Sec. 291.101. HEARING. (a) Each year, the commissioners
233+ court of a county that collects a mandatory payment authorized
234+ under this chapter shall hold a public hearing on the amounts of any
235+ mandatory payments that the commissioners court intends to require
236+ during the year and how the revenue derived from those payments is
237+ to be spent.
238+ (b) Not later than the 10th day before the date of the
239+ hearing required under Subsection (a), the commissioners court of
240+ the county shall publish notice of the hearing in a newspaper of
241+ general circulation in the county.
242+ (c) A representative of a paying hospital is entitled to
243+ appear at the time and place designated in the public notice and to
244+ be heard regarding any matter related to the mandatory payments
245+ authorized under this chapter.
246+ Sec. 291.102. DEPOSITORY. (a) The commissioners court of
247+ each county that collects a mandatory payment authorized under this
248+ chapter by resolution shall designate one or more banks located in
249+ the county as the depository for mandatory payments received by the
250+ county. A bank designated as a depository serves for two years or
251+ until a successor is designated.
252+ (b) All income received by a county under this chapter,
253+ including the revenue from mandatory payments remaining after
254+ discounts and fees for assessing and collecting the payments are
255+ deducted, shall be deposited with the county depository in the
256+ county's local provider participation fund and may be withdrawn
257+ only as provided by this chapter.
258+ (c) All funds under this chapter shall be secured in the
259+ manner provided for securing county funds.
260+ Sec. 291.103. LOCAL PROVIDER PARTICIPATION FUND;
261+ AUTHORIZED USES OF MONEY. (a) Each county that collects a
262+ mandatory payment authorized under this chapter shall create a
263+ local provider participation fund.
264+ (b) The local provider participation fund of a county
265+ consists of:
266+ (1) all revenue received by the county attributable to
267+ mandatory payments authorized under this chapter, including any
268+ penalties and interest attributable to delinquent payments;
269+ (2) money received from the Health and Human Services
270+ Commission as a refund of an intergovernmental transfer from the
271+ county to the state for the purpose of providing the nonfederal
272+ share of Medicaid supplemental payment program payments, provided
273+ that the intergovernmental transfer does not receive a federal
274+ matching payment; and
275+ (3) the earnings of the fund.
276+ (c) Money deposited to the local provider participation
277+ fund may be used only to:
278+ (1) fund intergovernmental transfers from the county
279+ to the state to provide:
280+ (A) the nonfederal share of a Medicaid
281+ supplemental payment program authorized under the state Medicaid
282+ plan, the Texas Healthcare Transformation and Quality Improvement
283+ Program waiver issued under Section 1115 of the federal Social
284+ Security Act (42 U.S.C. Section 1315), or a successor waiver
285+ program authorizing similar Medicaid supplemental payment
286+ programs; or
287+ (B) payments to Medicaid managed care
288+ organizations that are dedicated for payment to hospitals;
289+ (2) subsidize indigent programs;
290+ (3) pay the administrative expenses of the county
291+ solely for activities under this chapter;
292+ (4) refund a portion of a mandatory payment collected
293+ in error from a paying hospital; and
294+ (5) refund to paying hospitals the proportionate share
295+ of money received by the county from the Health and Human Services
296+ Commission that is not used to fund the nonfederal share of Medicaid
297+ supplemental payment program payments.
298+ (d) Money in the local provider participation fund may not
299+ be commingled with other county funds.
300+ (e) An intergovernmental transfer of funds described by
301+ Subsection (c)(1) and any funds received by the county as a result
302+ of an intergovernmental transfer described by that subsection may
303+ not be used by the county or any other entity to expand Medicaid
304+ eligibility under the Patient Protection and Affordable Care Act
305+ (Pub. L. No. 111-148) as amended by the Health Care and Education
306+ Reconciliation Act of 2010 (Pub. L. No. 111-152).
307+ SUBCHAPTER D. MANDATORY PAYMENTS
308+ Sec. 291.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
309+ NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
310+ commissioners court of a county that collects a mandatory payment
311+ authorized under this chapter may require an annual mandatory
312+ payment to be assessed on the net patient revenue of each
313+ institutional health care provider located in the county. The
314+ commissioners court may provide for the mandatory payment to be
315+ assessed quarterly. In the first year in which the mandatory
316+ payment is required, the mandatory payment is assessed on the net
317+ patient revenue of an institutional health care provider as
318+ determined by the data reported to the Department of State Health
319+ Services under Sections 311.032 and 311.033 in the fiscal year
320+ ending in 2013 or, if the institutional health care provider did not
321+ report any data under those sections in that fiscal year, as
322+ determined by the institutional health care provider's Medicare
323+ cost report submitted for the 2013 fiscal year or for the closest
324+ subsequent fiscal year for which the provider submitted the
325+ Medicare cost report. The county shall update the amount of the
326+ mandatory payment on an annual basis.
327+ (b) The amount of a mandatory payment authorized under this
328+ chapter must be uniformly proportionate with the amount of net
329+ patient revenue generated by each paying hospital in the county. A
330+ mandatory payment authorized under this chapter may not hold
331+ harmless any institutional health care provider, as required under
332+ 42 U.S.C. Section 1396b(w).
333+ (c) The commissioners court of a county that collects a
334+ mandatory payment authorized under this chapter shall set the
335+ amount of the mandatory payment. The amount of the mandatory
336+ payment required of each paying hospital may not exceed an amount
337+ that, when added to the amount of the mandatory payments required
338+ from all other paying hospitals in the county, equals an amount of
339+ revenue that exceeds six percent of the aggregate net patient
340+ revenue of all paying hospitals in the county.
341+ (d) Subject to the maximum amount prescribed by Subsection
342+ (c), the commissioners court of a county that collects a mandatory
343+ payment authorized under this chapter shall set the mandatory
344+ payments in amounts that in the aggregate will generate sufficient
345+ revenue to cover the administrative expenses of the county for
346+ activities under this chapter, to fund an intergovernmental
347+ transfer described by Section 291.103(c)(1), and to pay for
348+ indigent programs, except that the amount of revenue from mandatory
349+ payments used for administrative expenses of the county for
350+ activities under this chapter in a year may not exceed the lesser of
351+ four percent of the total revenue generated from the mandatory
352+ payment or $20,000.
353+ (e) A paying hospital may not add a mandatory payment
354+ required under this section as a surcharge to a patient.
355+ Sec. 291.152. ASSESSMENT AND COLLECTION OF MANDATORY
356+ PAYMENTS. (a) Except as provided by Subsection (b), the county tax
357+ assessor-collector shall collect the mandatory payment authorized
358+ under this chapter. The county tax assessor-collector shall charge
359+ and deduct from mandatory payments collected for the county a fee
360+ for collecting the mandatory payment in an amount determined by the
361+ commissioners court of the county, not to exceed the county tax
362+ assessor-collector's usual and customary charges.
363+ (b) If determined by the commissioners court to be
364+ appropriate, the commissioners court may contract for the
365+ assessment and collection of mandatory payments in the manner
366+ provided by Title 1, Tax Code, for the assessment and collection of
367+ ad valorem taxes.
368+ (c) Revenue from a fee charged by a county tax
369+ assessor-collector for collecting the mandatory payment shall be
370+ deposited in the county general fund and, if appropriate, shall be
371+ reported as fees of the county tax assessor-collector.
372+ Sec. 291.153. INTEREST, PENALTIES, AND DISCOUNTS.
373+ Interest, penalties, and discounts on mandatory payments required
374+ under this chapter are governed by the law applicable to county ad
375+ valorem taxes.
376+ Sec. 291.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
377+ PROCEDURE. (a) The purpose of this chapter is to generate revenue
378+ by collecting from institutional health care providers a mandatory
379+ payment to be used to provide the nonfederal share of a Medicaid
380+ supplemental payment program.
381+ (b) To the extent any provision or procedure under this
382+ chapter causes a mandatory payment authorized under this chapter to
383+ be ineligible for federal matching funds, the county may provide by
384+ rule for an alternative provision or procedure that conforms to the
385+ requirements of the federal Centers for Medicare and Medicaid
386+ Services.
387+ SECTION 12. Subtitle D, Title 4, Health and Safety Code, is
388+ amended by adding Chapter 293 to read as follows:
389+ CHAPTER 293. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
390+ CERTAIN COUNTIES IN THE TEXAS-LOUISIANA BORDER REGION
391+ SUBCHAPTER A. GENERAL PROVISIONS
392+ Sec. 293.001. DEFINITIONS. In this chapter:
393+ (1) "Institutional health care provider" means a
394+ nonpublic hospital that provides inpatient hospital services.
395+ (2) "Paying hospital" means an institutional health
396+ care provider required to make a mandatory payment under this
397+ chapter.
398+ (3) "Program" means the county health care provider
399+ participation program authorized by this chapter.
400+ Sec. 293.002. APPLICABILITY. This chapter applies only to
401+ a county that:
402+ (1) is not served by a hospital district;
403+ (2) is located in the Texas-Louisiana border region,
404+ as that region is defined by Section 2056.002, Government Code; and
405+ (3) has a population of more than 100,000 but less than
406+ 200,000.
407+ Sec. 293.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
408+ PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
409+ provider participation program authorizes a county to collect a
410+ mandatory payment from each institutional health care provider
411+ located in the county to be deposited in a local provider
412+ participation fund established by the county. Money in the fund may
413+ be used by the county to fund certain intergovernmental transfers
414+ and indigent care programs as provided by this chapter.
415+ (b) The commissioners court may adopt an order authorizing a
416+ county to participate in the program, subject to the limitations
417+ provided by this chapter.
418+ SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
419+ Sec. 293.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
420+ PAYMENT. The commissioners court of a county may require a
421+ mandatory payment authorized under this chapter by an institutional
422+ health care provider in the county only in the manner provided by
423+ this chapter.
424+ Sec. 293.052. MAJORITY VOTE REQUIRED. The commissioners
425+ court of a county may not authorize the county to collect a
426+ mandatory payment authorized under this chapter without an
427+ affirmative vote of a majority of the members of the commissioners
428+ court.
429+ Sec. 293.053. RULES AND PROCEDURES. After the
430+ commissioners court has voted to require a mandatory payment
431+ authorized under this chapter, the commissioners court may adopt
432+ rules relating to the administration of the mandatory payment.
433+ Sec. 293.054. INSTITUTIONAL HEALTH CARE PROVIDER
434+ REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
435+ county that collects a mandatory payment authorized under this
436+ chapter shall require each institutional health care provider to
437+ submit to the county a copy of any financial and utilization data
438+ required by and reported to the Department of State Health Services
439+ under Sections 311.032 and 311.033 and any rules adopted by the
440+ executive commissioner of the Health and Human Services Commission
441+ to implement those sections.
442+ (b) The commissioners court of a county that collects a
443+ mandatory payment authorized under this chapter may inspect the
444+ records of an institutional health care provider to the extent
445+ necessary to ensure compliance with the requirements of Subsection
446+ (a).
447+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
448+ Sec. 293.101. HEARING. (a) Each year, the commissioners
449+ court of a county that collects a mandatory payment authorized
450+ under this chapter shall hold a public hearing on the amounts of any
451+ mandatory payments that the commissioners court intends to require
452+ during the year and how the revenue derived from those payments is
453+ to be spent.
454+ (b) Not later than the 10th day before the date of the
455+ hearing required under Subsection (a), the commissioners court of
456+ the county shall publish notice of the hearing in a newspaper of
457+ general circulation in the county.
458+ (c) A representative of a paying hospital is entitled to
459+ appear at the time and place designated in the public notice and to
460+ be heard regarding any matter related to the mandatory payments
461+ authorized under this chapter.
462+ Sec. 293.102. DEPOSITORY. (a) The commissioners court of
463+ each county that collects a mandatory payment authorized under this
464+ chapter by resolution shall designate one or more banks located in
465+ the county as the depository for mandatory payments received by the
466+ county. A bank designated as a depository serves for two years or
467+ until a successor is designated.
468+ (b) All income received by a county under this chapter,
469+ including the revenue from mandatory payments remaining after
470+ discounts and fees for assessing and collecting the payments are
471+ deducted, shall be deposited with the county depository in the
472+ county's local provider participation fund and may be withdrawn
473+ only as provided by this chapter.
474+ (c) All funds under this chapter shall be secured in the
475+ manner provided for securing county funds.
476+ Sec. 293.103. LOCAL PROVIDER PARTICIPATION FUND;
477+ AUTHORIZED USES OF MONEY. (a) Each county that collects a
478+ mandatory payment authorized under this chapter shall create a
479+ local provider participation fund.
480+ (b) The local provider participation fund of a county
481+ consists of:
482+ (1) all revenue received by the county attributable to
483+ mandatory payments authorized under this chapter, including any
484+ penalties and interest attributable to delinquent payments;
485+ (2) money received from the Health and Human Services
486+ Commission as a refund of an intergovernmental transfer from the
487+ county to the state for the purpose of providing the nonfederal
488+ share of Medicaid supplemental payment program payments, provided
489+ that the intergovernmental transfer does not receive a federal
490+ matching payment; and
491+ (3) the earnings of the fund.
492+ (c) Money deposited to the local provider participation
493+ fund may be used only to:
494+ (1) fund intergovernmental transfers from the county
495+ to the state to provide the nonfederal share of a Medicaid
496+ supplemental payment program authorized under the state Medicaid
497+ plan, the Texas Healthcare Transformation and Quality Improvement
498+ Program waiver issued under Section 1115 of the federal Social
499+ Security Act (42 U.S.C. Section 1315), or a successor waiver
500+ program authorizing similar Medicaid supplemental payment
501+ programs;
502+ (2) subsidize indigent programs;
503+ (3) pay the administrative expenses of the county
504+ solely for activities under this chapter;
505+ (4) refund a portion of a mandatory payment collected
506+ in error from a paying hospital; and
507+ (5) refund to paying hospitals the proportionate share
508+ of money received by the county from the Health and Human Services
509+ Commission that is not used to fund the nonfederal share of Medicaid
510+ supplemental payment program payments.
511+ (d) Money in the local provider participation fund may not
512+ be commingled with other county funds.
513+ (e) An intergovernmental transfer of funds described by
514+ Subsection (c)(1) and any funds received by the county as a result
515+ of an intergovernmental transfer described by that subsection may
516+ not be used by the county or any other entity to expand Medicaid
517+ eligibility under the Patient Protection and Affordable Care Act
518+ (Pub. L. No. 111-148) as amended by the Health Care and Education
519+ Reconciliation Act of 2010 (Pub. L. No. 111-152).
520+ SUBCHAPTER D. MANDATORY PAYMENTS
521+ Sec. 293.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
522+ NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
523+ commissioners court of a county that collects a mandatory payment
524+ authorized under this chapter may require an annual mandatory
525+ payment to be assessed on the net patient revenue of each
526+ institutional health care provider located in the county. The
527+ commissioners court may provide for the mandatory payment to be
528+ assessed quarterly. In the first year in which the mandatory
529+ payment is required, the mandatory payment is assessed on the net
530+ patient revenue of an institutional health care provider as
531+ determined by the data reported to the Department of State Health
532+ Services under Sections 311.032 and 311.033 in the fiscal year
533+ ending in 2013 or, if the institutional health care provider did not
534+ report any data under those sections in that fiscal year, as
535+ determined by the institutional health care provider's cost report
536+ submitted for the 2013 fiscal year or for the closest subsequent
537+ fiscal year for which the provider submitted the cost report. The
538+ county shall update the amount of the mandatory payment on an annual
539+ basis.
540+ (b) The amount of a mandatory payment authorized under this
541+ chapter must be uniformly proportionate with the amount of net
542+ patient revenue generated by each paying hospital in the county. A
543+ mandatory payment authorized under this chapter may not hold
544+ harmless any institutional health care provider, as required under
545+ 42 U.S.C. Section 1396b(w).
546+ (c) The commissioners court of a county that collects a
547+ mandatory payment authorized under this chapter shall set the
548+ amount of the mandatory payment. The amount of the mandatory
549+ payment required of each paying hospital may not exceed an amount
550+ that, when added to the amount of the mandatory payments required
551+ from all other paying hospitals in the county, equals an amount of
552+ revenue that exceeds six percent of the aggregate net patient
553+ revenue of all paying hospitals in the county.
554+ (d) Subject to the maximum amount prescribed by Subsection
555+ (c), the commissioners court of a county that collects a mandatory
556+ payment authorized under this chapter shall set the mandatory
557+ payments in amounts that in the aggregate will generate sufficient
558+ revenue to cover the administrative expenses of the county for
559+ activities under this chapter, to fund the nonfederal share of a
560+ Medicaid supplemental payment program, and to pay for indigent
561+ programs, except that the amount of revenue from mandatory payments
562+ used for administrative expenses of the county for activities under
563+ this chapter in a year may not exceed the lesser of four percent of
564+ the total revenue generated from the mandatory payment or $20,000.
565+ (e) A paying hospital may not add a mandatory payment
566+ required under this section as a surcharge to a patient.
567+ Sec. 293.152. ASSESSMENT AND COLLECTION OF MANDATORY
568+ PAYMENTS. (a) Except as provided by Subsection (b), the county tax
569+ assessor-collector shall collect the mandatory payment authorized
570+ under this chapter. The county tax assessor-collector shall charge
571+ and deduct from mandatory payments collected for the county a fee
572+ for collecting the mandatory payment in an amount determined by the
573+ commissioners court of the county, not to exceed the county tax
574+ assessor-collector's usual and customary charges.
575+ (b) If determined by the commissioners court to be
576+ appropriate, the commissioners court may contract for the
577+ assessment and collection of mandatory payments in the manner
578+ provided by Title 1, Tax Code, for the assessment and collection of
579+ ad valorem taxes.
580+ (c) Revenue from a fee charged by a county tax
581+ assessor-collector for collecting the mandatory payment shall be
582+ deposited in the county general fund and, if appropriate, shall be
583+ reported as fees of the county tax assessor-collector.
584+ Sec. 293.153. INTEREST, PENALTIES, AND DISCOUNTS.
585+ Interest, penalties, and discounts on mandatory payments required
586+ under this chapter are governed by the law applicable to county ad
587+ valorem taxes.
588+ Sec. 293.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
589+ PROCEDURE. (a) The purpose of this chapter is to generate revenue
590+ by collecting from institutional health care providers a mandatory
591+ payment to be used to provide the nonfederal share of a Medicaid
592+ supplemental payment program.
593+ (b) To the extent any provision or procedure under this
594+ chapter causes a mandatory payment authorized under this chapter to
595+ be ineligible for federal matching funds, the county may provide by
596+ rule for an alternative provision or procedure that conforms to the
597+ requirements of the federal Centers for Medicare and Medicaid
598+ Services.
599+ SECTION 13. Subtitle D, Title 4, Health and Safety Code, is
600+ amended by adding Chapter 294 to read as follows:
601+ CHAPTER 294. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
602+ CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY
603+ SUBCHAPTER A. GENERAL PROVISIONS
604+ Sec. 294.001. DEFINITIONS. In this chapter:
605+ (1) "Institutional health care provider" means a
606+ nonpublic hospital licensed under Chapter 241.
607+ (2) "Paying hospital" means an institutional health
608+ care provider required to make a mandatory payment under this
609+ chapter.
610+ (3) "Program" means the county health care provider
611+ participation program authorized by this chapter.
612+ Sec. 294.002. APPLICABILITY. This chapter applies only to
613+ a county that:
614+ (1) is not served by a hospital district or a public
615+ hospital;
616+ (2) contains a private institution of higher education
617+ with a student enrollment of more than 12,000; and
618+ (3) has a population of less than 250,000.
619+ Sec. 294.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
620+ PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
621+ provider participation program authorizes a county to collect a
622+ mandatory payment from each institutional health care provider
623+ located in the county to be deposited in a local provider
624+ participation fund established by the county. Money in the fund may
625+ be used by the county to fund certain intergovernmental transfers
626+ and indigent care programs as provided by this chapter.
627+ (b) The commissioners court may adopt an order authorizing a
628+ county to participate in the program, subject to the limitations
629+ provided by this chapter.
630+ SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
631+ Sec. 294.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
632+ PAYMENT. The commissioners court of a county may require a
633+ mandatory payment authorized under this chapter by an institutional
634+ health care provider in the county only in the manner provided by
635+ this chapter.
636+ Sec. 294.052. MAJORITY VOTE REQUIRED. The commissioners
637+ court of a county may not authorize the county to collect a
638+ mandatory payment authorized under this chapter without an
639+ affirmative vote of a majority of the members of the commissioners
640+ court.
641+ Sec. 294.053. RULES AND PROCEDURES. After the
642+ commissioners court has voted to require a mandatory payment
643+ authorized under this chapter, the commissioners court may adopt
644+ rules relating to the administration of the mandatory payment.
645+ Sec. 294.054. INSTITUTIONAL HEALTH CARE PROVIDER
646+ REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
647+ county that collects a mandatory payment authorized under this
648+ chapter shall require each institutional health care provider to
649+ submit to the county a copy of any financial and utilization data
650+ required by and reported to the Department of State Health Services
651+ under Sections 311.032 and 311.033 and any rules adopted by the
652+ executive commissioner of the Health and Human Services Commission
653+ to implement those sections.
654+ (b) The commissioners court of a county that collects a
655+ mandatory payment authorized under this chapter may inspect the
656+ records of an institutional health care provider to the extent
657+ necessary to ensure compliance with the requirements of Subsection
658+ (a).
659+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
660+ Sec. 294.101. HEARING. (a) Each year, the commissioners
661+ court of a county that collects a mandatory payment authorized
662+ under this chapter shall hold a public hearing on the amounts of any
663+ mandatory payments that the commissioners court intends to require
664+ during the year and how the revenue derived from those payments is
665+ to be spent.
666+ (b) Not later than the 10th day before the date of the
667+ hearing required under Subsection (a), the commissioners court of
668+ the county shall publish notice of the hearing in a newspaper of
669+ general circulation in the county.
670+ (c) A representative of a paying hospital is entitled to
671+ appear at the time and place designated in the public notice and to
672+ be heard regarding any matter related to the mandatory payments
673+ authorized under this chapter.
674+ Sec. 294.102. DEPOSITORY. (a) The commissioners court of
675+ each county that collects a mandatory payment authorized under this
676+ chapter by resolution shall designate one or more banks located in
677+ the county as the depository for mandatory payments received by the
678+ county. A bank designated as a depository serves for two years or
679+ until a successor is designated.
680+ (b) All income received by a county under this chapter,
681+ including the revenue from mandatory payments remaining after
682+ discounts and fees for assessing and collecting the payments are
683+ deducted, shall be deposited with the county depository in the
684+ county's local provider participation fund and may be withdrawn
685+ only as provided by this chapter.
686+ (c) All funds under this chapter shall be secured in the
687+ manner provided for securing county funds.
688+ Sec. 294.103. LOCAL PROVIDER PARTICIPATION FUND;
689+ AUTHORIZED USES OF MONEY. (a) Each county that collects a
690+ mandatory payment authorized under this chapter shall create a
691+ local provider participation fund.
692+ (b) The local provider participation fund of a county
693+ consists of:
694+ (1) all revenue received by the county attributable to
695+ mandatory payments authorized under this chapter, including any
696+ penalties and interest attributable to delinquent payments;
697+ (2) money received from the Health and Human Services
698+ Commission as a refund of an intergovernmental transfer from the
699+ county to the state for the purpose of providing the nonfederal
700+ share of Medicaid supplemental payment program payments, provided
701+ that the intergovernmental transfer does not receive a federal
702+ matching payment; and
703+ (3) the earnings of the fund.
704+ (c) Money deposited to the local provider participation
705+ fund may be used only to:
706+ (1) fund intergovernmental transfers from the county
707+ to the state to provide the nonfederal share of a Medicaid
708+ supplemental payment program authorized under the state Medicaid
709+ plan, the Texas Healthcare Transformation and Quality Improvement
710+ Program waiver issued under Section 1115 of the federal Social
711+ Security Act (42 U.S.C. Section 1315), or a successor waiver
712+ program authorizing similar Medicaid supplemental payment
713+ programs;
714+ (2) subsidize indigent programs;
715+ (3) pay the administrative expenses of the county
716+ solely for activities under this chapter;
717+ (4) refund a portion of a mandatory payment collected
718+ in error from a paying hospital; and
719+ (5) refund to paying hospitals the proportionate share
720+ of money received by the county from the Health and Human Services
721+ Commission that is not used to fund the nonfederal share of Medicaid
722+ supplemental payment program payments.
723+ (d) Money in the local provider participation fund may not
724+ be commingled with other county funds.
725+ (e) An intergovernmental transfer of funds described by
726+ Subsection (c)(1) and any funds received by the county as a result
727+ of an intergovernmental transfer described by that subsection may
728+ not be used by the county or any other entity to expand Medicaid
729+ eligibility under the Patient Protection and Affordable Care Act
730+ (Pub. L. No. 111-148) as amended by the Health Care and Education
731+ Reconciliation Act of 2010 (Pub. L. No. 111-152).
732+ SUBCHAPTER D. MANDATORY PAYMENTS
733+ Sec. 294.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
734+ NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
735+ commissioners court of a county that collects a mandatory payment
736+ authorized under this chapter may require an annual mandatory
737+ payment to be assessed quarterly on the net patient revenue of each
738+ institutional health care provider located in the county. In the
739+ first year in which the mandatory payment is required, the
740+ mandatory payment is assessed on the net patient revenue of an
741+ institutional health care provider as determined by the data
742+ reported to the Department of State Health Services under Sections
743+ 311.032 and 311.033 in the fiscal year ending in 2014. The county
744+ shall update the amount of the mandatory payment on an annual basis.
745+ (b) The amount of a mandatory payment authorized under this
746+ chapter must be uniformly proportionate with the amount of net
747+ patient revenue generated by each paying hospital in the county. A
748+ mandatory payment authorized under this chapter may not hold
749+ harmless any institutional health care provider, as required under
750+ 42 U.S.C. Section 1396b(w).
751+ (c) The commissioners court of a county that collects a
752+ mandatory payment authorized under this chapter shall set the
753+ amount of the mandatory payment. The amount of the mandatory
754+ payment required of each paying hospital may not exceed an amount
755+ that, when added to the amount of the mandatory payments required
756+ from all other paying hospitals in the county, equals an amount of
757+ revenue that exceeds six percent of the aggregate net patient
758+ revenue of all paying hospitals in the county.
759+ (d) Subject to the maximum amount prescribed by Subsection
760+ (c), the commissioners court of a county that collects a mandatory
761+ payment authorized under this chapter shall set the mandatory
762+ payments in amounts that in the aggregate will generate sufficient
763+ revenue to cover the administrative expenses of the county for
764+ activities under this chapter, to fund the nonfederal share of a
765+ Medicaid supplemental payment program, and to pay for indigent
766+ programs, except that the amount of revenue from mandatory payments
767+ used for administrative expenses of the county for activities under
768+ this chapter in a year may not exceed the lesser of four percent of
769+ the total revenue generated from the mandatory payment or $20,000.
770+ (e) A paying hospital may not add a mandatory payment
771+ required under this section as a surcharge to a patient.
772+ Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY
773+ PAYMENTS. (a) Except as provided by Subsection (b), the county tax
774+ assessor-collector shall collect the mandatory payment authorized
775+ under this chapter. The county tax assessor-collector shall charge
776+ and deduct from mandatory payments collected for the county a fee
777+ for collecting the mandatory payment in an amount determined by the
778+ commissioners court of the county, not to exceed the county tax
779+ assessor-collector's usual and customary charges.
780+ (b) If determined by the commissioners court to be
781+ appropriate, the commissioners court may contract for the
782+ assessment and collection of mandatory payments in the manner
783+ provided by Title 1, Tax Code, for the assessment and collection of
784+ ad valorem taxes.
785+ (c) Revenue from a fee charged by a county tax
786+ assessor-collector for collecting the mandatory payment shall be
787+ deposited in the county general fund and, if appropriate, shall be
788+ reported as fees of the county tax assessor-collector.
789+ Sec. 294.153. INTEREST, PENALTIES, AND DISCOUNTS.
790+ Interest, penalties, and discounts on mandatory payments required
791+ under this chapter are governed by the law applicable to county ad
792+ valorem taxes.
793+ Sec. 294.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
794+ PROCEDURE. (a) The purpose of this chapter is to generate revenue
795+ by collecting from institutional health care providers a mandatory
796+ payment to be used to provide the nonfederal share of a Medicaid
797+ supplemental payment program.
798+ (b) To the extent any provision or procedure under this
799+ chapter causes a mandatory payment authorized under this chapter to
800+ be ineligible for federal matching funds, the county may provide by
801+ rule for an alternative provision or procedure that conforms to the
802+ requirements of the federal Centers for Medicare and Medicaid
803+ Services.
804+ SECTION 14. Subtitle D, Title 4, Health and Safety Code, is
805+ amended by adding Chapter 296 to read as follows:
806+ CHAPTER 296. COUNTY HEALTH CARE PROVIDER PARTICIPATION
807+ PROGRAM IN CERTAIN COUNTIES
808+ SUBCHAPTER A. GENERAL PROVISIONS
809+ Sec. 296.001. DEFINITIONS. In this chapter:
810+ (1) "Institutional health care provider" means a
811+ nonpublic hospital that provides inpatient hospital services.
812+ (2) "Paying hospital" means an institutional health
813+ care provider required to make a mandatory payment under this
814+ chapter.
815+ (3) "Program" means the county health care provider
816+ participation program authorized by this chapter.
817+ Sec. 296.002. APPLICABILITY. This chapter applies only to
818+ a county that:
819+ (1) is not served by a hospital district or a public
820+ hospital; and
821+ (2) has a population of less than 200,000 and contains
822+ two municipalities both with populations of 75,000 or more.
823+ Sec. 296.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
824+ PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
825+ provider participation program authorizes a county to collect a
826+ mandatory payment from each institutional health care provider
827+ located in the county to be deposited in a local provider
828+ participation fund established by the county. Money in the fund may
829+ be used by the county to fund certain intergovernmental transfers
830+ and indigent care programs as provided by this chapter.
831+ (b) The commissioners court may adopt an order authorizing a
832+ county to participate in the program, subject to the limitations
833+ provided by this chapter.
834+ SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
835+ Sec. 296.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
836+ PAYMENT. The commissioners court of a county may require a
837+ mandatory payment authorized under this chapter by an institutional
838+ health care provider in the county only in the manner provided by
839+ this chapter.
840+ Sec. 296.052. MAJORITY VOTE REQUIRED. The commissioners
841+ court of a county may not authorize the county to collect a
842+ mandatory payment authorized under this chapter without an
843+ affirmative vote of a majority of the members of the commissioners
844+ court.
845+ Sec. 296.053. RULES AND PROCEDURES. After the
846+ commissioners court has voted to require a mandatory payment
847+ authorized under this chapter, the commissioners court may adopt
848+ rules relating to the administration of the mandatory payment.
849+ Sec. 296.054. INSTITUTIONAL HEALTH CARE PROVIDER
850+ REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
851+ county that collects a mandatory payment authorized under this
852+ chapter shall require each institutional health care provider to
853+ submit to the county a copy of any financial and utilization data
854+ required by and reported to the Department of State Health Services
855+ under Sections 311.032 and 311.033 and any rules adopted by the
856+ executive commissioner of the Health and Human Services Commission
857+ to implement those sections.
858+ (b) The commissioners court of a county that collects a
859+ mandatory payment authorized under this chapter may inspect the
860+ records of an institutional health care provider to the extent
861+ necessary to ensure compliance with the requirements of Subsection
862+ (a).
863+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
864+ Sec. 296.101. HEARING. (a) Each year, the commissioners
865+ court of a county that collects a mandatory payment authorized
866+ under this chapter shall hold a public hearing on the amounts of any
867+ mandatory payments that the commissioners court intends to require
868+ during the year and how the revenue derived from those payments is
869+ to be spent.
870+ (b) Not later than the 10th day before the date of the
871+ hearing required under Subsection (a), the commissioners court of
872+ the county shall publish notice of the hearing in a newspaper of
873+ general circulation in the county.
874+ (c) A representative of a paying hospital is entitled to
875+ appear at the time and place designated in the public notice and to
876+ be heard regarding any matter related to the mandatory payments
877+ authorized under this chapter.
878+ Sec. 296.102. DEPOSITORY. (a) The commissioners court of
879+ each county that collects a mandatory payment authorized under this
880+ chapter by resolution shall designate one or more banks located in
881+ the county as the depository for mandatory payments received by the
882+ county. A bank designated as a depository serves for two years or
883+ until a successor is designated.
884+ (b) All income received by a county under this chapter,
885+ including the revenue from mandatory payments remaining after
886+ discounts and fees for assessing and collecting the payments are
887+ deducted, shall be deposited with the county depository in the
888+ county's local provider participation fund and may be withdrawn
889+ only as provided by this chapter.
890+ (c) All funds under this chapter shall be secured in the
891+ manner provided for securing county funds.
892+ Sec. 296.103. LOCAL PROVIDER PARTICIPATION FUND;
893+ AUTHORIZED USES OF MONEY. (a) Each county that collects a
894+ mandatory payment authorized under this chapter shall create a
895+ local provider participation fund.
896+ (b) The local provider participation fund of a county
897+ consists of:
898+ (1) all revenue received by the county attributable to
899+ mandatory payments authorized under this chapter, including any
900+ penalties and interest attributable to delinquent payments;
901+ (2) money received from the Health and Human Services
902+ Commission as a refund of an intergovernmental transfer from the
903+ county to the state for the purpose of providing the nonfederal
904+ share of Medicaid supplemental payment program payments, provided
905+ that the intergovernmental transfer does not receive a federal
906+ matching payment; and
907+ (3) the earnings of the fund.
908+ (c) Money deposited to the local provider participation
909+ fund may be used only to:
910+ (1) fund intergovernmental transfers from the county
911+ to the state to provide the nonfederal share of a Medicaid
912+ supplemental payment program authorized under the state Medicaid
913+ plan, the Texas Healthcare Transformation and Quality Improvement
914+ Program waiver issued under Section 1115 of the federal Social
915+ Security Act (42 U.S.C. Section 1315), or a successor waiver
916+ program authorizing similar Medicaid supplemental payment
917+ programs;
918+ (2) subsidize indigent programs;
919+ (3) pay the administrative expenses of the county
920+ solely for activities under this chapter;
921+ (4) refund a portion of a mandatory payment collected
922+ in error from a paying hospital; and
923+ (5) refund to paying hospitals the proportionate share
924+ of money received by the county from the Health and Human Services
925+ Commission that is not used to fund the nonfederal share of Medicaid
926+ supplemental payment program payments.
927+ (d) Money in the local provider participation fund may not
928+ be commingled with other county funds.
929+ (e) An intergovernmental transfer of funds described by
930+ Subsection (c)(1) and any funds received by the county as a result
931+ of an intergovernmental transfer described by that subsection may
932+ not be used by the county or any other entity to expand Medicaid
933+ eligibility under the Patient Protection and Affordable Care Act
934+ (Pub. L. No. 111-148) as amended by the Health Care and Education
935+ Reconciliation Act of 2010 (Pub. L. No. 111-152).
936+ SUBCHAPTER D. MANDATORY PAYMENTS
937+ Sec. 296.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
938+ NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
939+ commissioners court of a county that collects a mandatory payment
940+ authorized under this chapter may require an annual mandatory
941+ payment to be assessed on the net patient revenue of each
942+ institutional health care provider located in the county. The
943+ commissioners court may provide for the mandatory payment to be
944+ assessed quarterly. In the first year in which the mandatory
945+ payment is required, the mandatory payment is assessed on the net
946+ patient revenue of an institutional health care provider as
947+ determined by the data reported to the Department of State Health
948+ Services under Sections 311.032 and 311.033 in the fiscal year
949+ ending in 2013 or, if the institutional health care provider did not
950+ report any data under those sections in that fiscal year, as
951+ determined by the institutional health care provider's Medicare
952+ cost report submitted for the 2013 fiscal year or for the closest
953+ subsequent fiscal year for which the provider submitted the
954+ Medicare cost report. The county shall update the amount of the
955+ mandatory payment on an annual basis.
956+ (b) The amount of a mandatory payment authorized under this
957+ chapter must be uniformly proportionate with the amount of net
958+ patient revenue generated by each paying hospital in the county. A
959+ mandatory payment authorized under this chapter may not hold
960+ harmless any institutional health care provider, as required under
961+ 42 U.S.C. Section 1396b(w).
962+ (c) The commissioners court of a county that collects a
963+ mandatory payment authorized under this chapter shall set the
964+ amount of the mandatory payment. The amount of the mandatory
965+ payment required of each paying hospital may not exceed an amount
966+ that, when added to the amount of the mandatory payments required
967+ from all other paying hospitals in the county, equals an amount of
968+ revenue that exceeds six percent of the aggregate net patient
969+ revenue of all paying hospitals in the county.
970+ (d) Subject to the maximum amount prescribed by Subsection
971+ (c), the commissioners court of a county that collects a mandatory
972+ payment authorized under this chapter shall set the mandatory
973+ payments in amounts that in the aggregate will generate sufficient
974+ revenue to cover the administrative expenses of the county for
975+ activities under this chapter, to fund an intergovernmental
976+ transfer described by Section 296.103(c)(1), and to pay for
977+ indigent programs, except that the amount of revenue from mandatory
978+ payments used for administrative expenses of the county for
979+ activities under this chapter in a year may not exceed the lesser of
980+ four percent of the total revenue generated from the mandatory
981+ payment or $20,000.
982+ (e) A paying hospital may not add a mandatory payment
983+ required under this section as a surcharge to a patient.
984+ Sec. 296.152. ASSESSMENT AND COLLECTION OF MANDATORY
985+ PAYMENTS. (a) Except as provided by Subsection (b), the county tax
986+ assessor-collector shall collect the mandatory payment authorized
987+ under this chapter. The county tax assessor-collector shall charge
988+ and deduct from mandatory payments collected for the county a fee
989+ for collecting the mandatory payment in an amount determined by the
990+ commissioners court of the county, not to exceed the county tax
991+ assessor-collector's usual and customary charges.
992+ (b) If determined by the commissioners court to be
993+ appropriate, the commissioners court may contract for the
994+ assessment and collection of mandatory payments in the manner
995+ provided by Title 1, Tax Code, for the assessment and collection of
996+ ad valorem taxes.
997+ (c) Revenue from a fee charged by a county tax
998+ assessor-collector for collecting the mandatory payment shall be
999+ deposited in the county general fund and, if appropriate, shall be
1000+ reported as fees of the county tax assessor-collector.
1001+ Sec. 296.153. INTEREST, PENALTIES, AND DISCOUNTS.
1002+ Interest, penalties, and discounts on mandatory payments required
1003+ under this chapter are governed by the law applicable to county ad
1004+ valorem taxes.
1005+ Sec. 296.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
1006+ PROCEDURE. (a) The purpose of this chapter is to generate revenue
1007+ by collecting from institutional health care providers a mandatory
1008+ payment to be used to provide the nonfederal share of a Medicaid
1009+ supplemental payment program.
1010+ (b) To the extent any provision or procedure under this
1011+ chapter causes a mandatory payment authorized under this chapter to
1012+ be ineligible for federal matching funds, the county may provide by
1013+ rule for an alternative provision or procedure that conforms to the
1014+ requirements of the federal Centers for Medicare and Medicaid
1015+ Services.
1016+ SECTION 15. Subtitle D, Title 4, Health and Safety Code, is
1017+ amended by adding Chapter 297 to read as follows:
1018+ CHAPTER 297. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN
1019+ CERTAIN COUNTIES CONTAINING A MILITARY BASE
1020+ SUBCHAPTER A. GENERAL PROVISIONS
1021+ Sec. 297.001. DEFINITIONS. In this chapter:
1022+ (1) "Institutional health care provider" means a
1023+ nonpublic hospital licensed under Chapter 241.
1024+ (2) "Paying hospital" means an institutional health
1025+ care provider required to make a mandatory payment under this
1026+ chapter.
1027+ (3) "Program" means the county health care provider
1028+ participation program authorized by this chapter.
1029+ Sec. 297.002. APPLICABILITY. This chapter applies only to
1030+ a county:
1031+ (1) that is not served by a hospital district or a
1032+ public hospital;
1033+ (2) on which a military base with more than 30,000
1034+ military personnel is partially located; and
1035+ (3) that has a population of more than 300,000.
1036+ Sec. 297.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
1037+ PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
1038+ provider participation program authorizes a county to collect a
1039+ mandatory payment from each institutional health care provider
1040+ located in the county to be deposited in a local provider
1041+ participation fund established by the county. Money in the fund may
1042+ be used by the county to fund certain intergovernmental transfers
1043+ and indigent care programs as provided by this chapter.
1044+ (b) The commissioners court may adopt an order authorizing a
1045+ county to participate in the program, subject to the limitations
1046+ provided by this chapter.
1047+ SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
1048+ Sec. 297.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
1049+ PAYMENT. The commissioners court of a county may require a
1050+ mandatory payment authorized under this chapter by an institutional
1051+ health care provider in the county only in the manner provided by
1052+ this chapter.
1053+ Sec. 297.052. MAJORITY VOTE REQUIRED. The commissioners
1054+ court of a county may not authorize the county to collect a
1055+ mandatory payment authorized under this chapter without an
1056+ affirmative vote of a majority of the members of the commissioners
1057+ court.
1058+ Sec. 297.053. RULES AND PROCEDURES. After the
1059+ commissioners court has voted to require a mandatory payment
1060+ authorized under this chapter, the commissioners court may adopt
1061+ rules relating to the administration of the mandatory payment.
1062+ Sec. 297.054. INSTITUTIONAL HEALTH CARE PROVIDER
1063+ REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
1064+ county that collects a mandatory payment authorized under this
1065+ chapter shall require each institutional health care provider to
1066+ submit to the county a copy of any financial and utilization data
1067+ required by and reported to the Department of State Health Services
1068+ under Sections 311.032 and 311.033 and any rules adopted by the
1069+ executive commissioner of the Health and Human Services Commission
1070+ to implement those sections.
1071+ (b) The commissioners court of a county that collects a
1072+ mandatory payment authorized under this chapter may inspect the
1073+ records of an institutional health care provider to the extent
1074+ necessary to ensure compliance with the requirements of Subsection
1075+ (a).
1076+ SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
1077+ Sec. 297.101. HEARING. (a) Each year, the commissioners
1078+ court of a county that collects a mandatory payment authorized
1079+ under this chapter shall hold a public hearing on the amounts of any
1080+ mandatory payments that the commissioners court intends to require
1081+ during the year and how the revenue derived from those payments is
1082+ to be spent.
1083+ (b) Not later than the 10th day before the date of the
1084+ hearing required under Subsection (a), the commissioners court of
1085+ the county shall publish notice of the hearing in a newspaper of
1086+ general circulation in the county.
1087+ (c) A representative of a paying hospital is entitled to
1088+ appear at the time and place designated in the public notice and to
1089+ be heard regarding any matter related to the mandatory payments
1090+ authorized under this chapter.
1091+ Sec. 297.102. DEPOSITORY. (a) The commissioners court of
1092+ each county that collects a mandatory payment authorized under this
1093+ chapter by resolution shall designate one or more banks located in
1094+ the county as the depository for mandatory payments received by the
1095+ county. A bank designated as a depository serves for two years or
1096+ until a successor is designated.
1097+ (b) All income received by a county under this chapter,
1098+ including the revenue from mandatory payments remaining after
1099+ discounts and fees for assessing and collecting the payments are
1100+ deducted, shall be deposited with the county depository in the
1101+ county's local provider participation fund and may be withdrawn
1102+ only as provided by this chapter.
1103+ (c) All funds under this chapter shall be secured in the
1104+ manner provided for securing county funds.
1105+ Sec. 297.103. LOCAL PROVIDER PARTICIPATION FUND;
1106+ AUTHORIZED USES OF MONEY. (a) Each county that collects a
1107+ mandatory payment authorized under this chapter shall create a
1108+ local provider participation fund.
1109+ (b) The local provider participation fund of a county
1110+ consists of:
1111+ (1) all revenue received by the county attributable to
1112+ mandatory payments authorized under this chapter, including any
1113+ penalties and interest attributable to delinquent payments;
1114+ (2) money received from the Health and Human Services
1115+ Commission as a refund of an intergovernmental transfer from the
1116+ county to the state for the purpose of providing the nonfederal
1117+ share of Medicaid supplemental payment program payments, provided
1118+ that the intergovernmental transfer does not receive a federal
1119+ matching payment; and
1120+ (3) the earnings of the fund.
1121+ (c) Money deposited to the local provider participation
1122+ fund may be used only to:
1123+ (1) fund intergovernmental transfers from the county
1124+ to the state to provide the nonfederal share of a Medicaid
1125+ supplemental payment program authorized under the state Medicaid
1126+ plan, the Texas Healthcare Transformation and Quality Improvement
1127+ Program waiver issued under Section 1115 of the federal Social
1128+ Security Act (42 U.S.C. Section 1315), or a successor waiver
1129+ program authorizing similar Medicaid supplemental payment
1130+ programs;
1131+ (2) subsidize indigent programs;
1132+ (3) pay the administrative expenses of the county
1133+ solely for activities under this chapter;
1134+ (4) refund a portion of a mandatory payment collected
1135+ in error from a paying hospital; and
1136+ (5) refund to paying hospitals the proportionate share
1137+ of money received by the county from the Health and Human Services
1138+ Commission that is not used to fund the nonfederal share of Medicaid
1139+ supplemental payment program payments.
1140+ (d) Money in the local provider participation fund may not
1141+ be commingled with other county funds.
1142+ (e) An intergovernmental transfer of funds described by
1143+ Subsection (c)(1) and any funds received by the county as a result
1144+ of an intergovernmental transfer described by that subsection may
1145+ not be used by the county or any other entity to expand Medicaid
1146+ eligibility under the Patient Protection and Affordable Care Act
1147+ (Pub. L. No. 111-148) as amended by the Health Care and Education
1148+ Reconciliation Act of 2010 (Pub. L. No. 111-152).
1149+ SUBCHAPTER D. MANDATORY PAYMENTS
1150+ Sec. 297.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
1151+ NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
1152+ commissioners court of a county that collects a mandatory payment
1153+ authorized under this chapter may require an annual mandatory
1154+ payment to be assessed quarterly on the net patient revenue of each
1155+ institutional health care provider located in the county. In the
1156+ first year in which the mandatory payment is required, the
1157+ mandatory payment is assessed on the net patient revenue of an
1158+ institutional health care provider as determined by the data
1159+ reported to the Department of State Health Services under Sections
1160+ 311.032 and 311.033 in the fiscal year ending in 2013. The county
1161+ may update the amount of the mandatory payment on an annual basis
1162+ based on data reported to the Department of State Health Services in
1163+ a more recent fiscal year.
1164+ (b) The amount of a mandatory payment authorized under this
1165+ chapter must be uniformly proportionate with the amount of net
1166+ patient revenue generated by each paying hospital in the county. A
1167+ mandatory payment authorized under this chapter may not hold
1168+ harmless any institutional health care provider, as required under
1169+ 42 U.S.C. Section 1396b(w).
1170+ (c) The commissioners court of a county that collects a
1171+ mandatory payment authorized under this chapter shall set the
1172+ amount of the mandatory payment. The amount of the mandatory
1173+ payment required of each paying hospital may not exceed an amount
1174+ that, when added to the amount of the mandatory payments required
1175+ from all other paying hospitals in the county, equals an amount of
1176+ revenue that exceeds six percent of the aggregate net patient
1177+ revenue of all paying hospitals in the county.
1178+ (d) Subject to the maximum amount prescribed by Subsection
1179+ (c), the commissioners court of a county that collects a mandatory
1180+ payment authorized under this chapter shall set the mandatory
1181+ payments in amounts that in the aggregate will generate sufficient
1182+ revenue to cover the administrative expenses of the county for
1183+ activities under this chapter, to fund the nonfederal share of a
1184+ Medicaid supplemental payment program, and to pay for indigent
1185+ programs, except that the amount of revenue from mandatory payments
1186+ used for administrative expenses of the county for activities under
1187+ this chapter in a year may not exceed the lesser of four percent of
1188+ the total revenue generated from the mandatory payment or $20,000.
1189+ (e) A paying hospital may not add a mandatory payment
1190+ required under this section as a surcharge to a patient.
1191+ Sec. 297.152. ASSESSMENT AND COLLECTION OF MANDATORY
1192+ PAYMENTS. (a) Except as provided by Subsection (b), the county tax
1193+ assessor-collector shall collect the mandatory payment authorized
1194+ under this chapter. The county tax assessor-collector shall charge
1195+ and deduct from mandatory payments collected for the county a fee
1196+ for collecting the mandatory payment in an amount determined by the
1197+ commissioners court of the county, not to exceed the county tax
1198+ assessor-collector's usual and customary charges.
1199+ (b) If determined by the commissioners court to be
1200+ appropriate, the commissioners court may contract for the
1201+ assessment and collection of mandatory payments in the manner
1202+ provided by Title 1, Tax Code, for the assessment and collection of
1203+ ad valorem taxes.
1204+ (c) Revenue from a fee charged by a county tax
1205+ assessor-collector for collecting the mandatory payment shall be
1206+ deposited in the county general fund and, if appropriate, shall be
1207+ reported as fees of the county tax assessor-collector.
1208+ Sec. 297.153. INTEREST, PENALTIES, AND DISCOUNTS.
1209+ Interest, penalties, and discounts on mandatory payments required
1210+ under this chapter are governed by the law applicable to county ad
1211+ valorem taxes.
1212+ Sec. 297.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
1213+ PROCEDURE. (a) The purpose of this chapter is to generate revenue
1214+ by collecting from institutional health care providers a mandatory
1215+ payment to be used to provide the nonfederal share of a Medicaid
1216+ supplemental payment program.
1217+ (b) To the extent any provision or procedure under this
1218+ chapter causes a mandatory payment authorized under this chapter to
1219+ be ineligible for federal matching funds, the county may provide by
1220+ rule for an alternative provision or procedure that conforms to the
1221+ requirements of the federal Centers for Medicare and Medicaid
1222+ Services.
1223+ SECTION 16. Sections 775.0355(b) and (c), Health and Safety
1224+ Code, are amended to read as follows:
1225+ (b) This section applies only to a district located [wholly
1226+ in a county]:
1227+ (1) wholly or partly in a county with a population of
1228+ more than three million;
1229+ (2) wholly in a county with a population of more than
1230+ 200,000 that borders Lake Palestine; or
1231+ (3) wholly in a county with a population of less than
1232+ 200,000 that borders another state and the Gulf Intracoastal
1233+ Waterway.
1234+ (c) A person is disqualified from serving as an emergency
1235+ services commissioner if that person:
1236+ (1) is related within the third degree of affinity or
1237+ consanguinity to:
1238+ (A) a person providing professional services to
1239+ the district;
1240+ (B) a commissioner of the same district; or
1241+ (C) a person who is an employee or volunteer of an
1242+ emergency services organization providing emergency services to
1243+ the district unless the emergency services are provided under a
1244+ mutual aid agreement under Chapter 418, Government Code;
1245+ (2) is an employee of a commissioner of the same
1246+ district, attorney, or other person providing professional
1247+ services to the district;
1248+ (3) is serving as an attorney, consultant, or
1249+ architect or in some other professional capacity for the district
1250+ or an emergency services organization providing emergency services
1251+ to the district; or
1252+ (4) fails to maintain the qualifications required by
1253+ law to serve as a commissioner.
1254+ SECTION 17. Effective September 1, 2015, Section 775.0821,
1255+ Health and Safety Code, is amended by amending Subsection (a) and
1256+ adding Subsection (e) to read as follows:
1257+ (a) This section applies only to a district to which Section
1258+ 775.082 applies that:
1259+ (1) did not have any outstanding bonds secured by ad
1260+ valorem taxes or any outstanding liabilities secured by ad valorem
1261+ taxes having a term of more than one year during the previous fiscal
1262+ year;
1263+ (2) did not receive more than a total of $250,000 in
1264+ gross receipts from operations, loans, taxes, or contributions
1265+ during the previous fiscal year; and
1266+ (3) did not have a total of more than $250,000 in cash
1267+ and temporary investments during the previous fiscal year.
1268+ (e) A district that files compiled financial statements in
1269+ accordance with Subsection (b) and that maintains an Internet
1270+ website shall have posted on the district's website the compiled
1271+ financial statements for the most recent three years.
1272+ SECTION 18. Effective September 1, 2015, Section 1001.201,
1273+ Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts
1274+ of the 83rd Legislature, Regular Session, 2013, is amended by
1275+ adding Subdivisions (4) and (5) to read as follows:
141276 (4) "School district employee" means a principal,
151277 assistant principal, educator, teacher's aide, counselor, nurse,
161278 or school bus driver employed by a school district.
171279 (5) "School resource officer" has the meaning assigned
181280 by Section 1701.601, Occupations Code.
19- SECTION 2. Sections 1001.203(a) and (c), Health and Safety
20- Code, as added by Chapter 1306 (H.B. 3793), Acts of the 83rd
21- Legislature, Regular Session, 2013, are amended to read as follows:
1281+ SECTION 19. Effective September 1, 2015, Sections
1282+ 1001.203(a) and (c), Health and Safety Code, as added by Chapter
1283+ 1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session,
1284+ 2013, are amended to read as follows:
221285 (a) To the extent funds are appropriated to the department
231286 for that purpose, the department shall make grants to local mental
241287 health authorities to provide an approved mental health first aid
251288 training program, administered by mental health first aid trainers,
261289 at no cost to school district employees and school resource
271290 officers [educators].
281291 (c) Subject to the limit provided by Subsection (b), out of
291292 the funds appropriated to the department for making grants under
301293 this section, the department shall grant $100 to a local mental
311294 health authority for each school district employee or school
321295 resource officer [educator] who successfully completes a mental
331296 health first aid training program provided by the authority under
341297 this section.
35- SECTION 3. Section 1001.205, Health and Safety Code, as
36- added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature,
37- Regular Session, 2013, is amended to read as follows:
1298+ SECTION 20. Effective September 1, 2015, Section 1001.205,
1299+ Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts
1300+ of the 83rd Legislature, Regular Session, 2013, is amended to read
1301+ as follows:
381302 Sec. 1001.205. REPORTS. (a) Not later than August 31
391303 [July 1] of each year, a local mental health authority shall provide
401304 to the department the number of:
411305 (1) employees and contractors of the authority who
421306 were trained as mental health first aid trainers under Section
431307 1001.202 during the preceding calendar year;
441308 (2) educators, school district employees other than
451309 educators, and school resource officers who completed a mental
461310 health first aid training program offered by the authority under
471311 Section 1001.203 during the preceding calendar year; and
481312 (3) individuals who are not school district employees
491313 or school resource officers [educators] who completed a mental
501314 health first aid training program offered by the authority during
511315 the preceding calendar year.
521316 (b) Not later than September 30 [August 1] of each year, the
531317 department shall compile the information submitted by local mental
541318 health authorities as required by Subsection (a) and submit a
551319 report to the legislature containing the number of:
561320 (1) authority employees and contractors trained as
571321 mental health first aid trainers during the preceding calendar
581322 year;
591323 (2) educators, school district employees other than
601324 educators, and school resource officers who completed a mental
611325 health first aid training program provided by an authority during
621326 the preceding calendar year; and
631327 (3) individuals who are not school district employees
641328 or school resource officers [educators] who completed a mental
651329 health first aid training program provided by an authority during
661330 the preceding calendar year.
67- SECTION 4. Section 263.152, Local Government Code, is
68- amended by adding Subsection (c) to read as follows:
1331+ SECTION 21. Effective September 1, 2015, Subchapter B,
1332+ Chapter 32, Human Resources Code, is amended by adding Section
1333+ 32.0264 to read as follows:
1334+ Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC
1335+ REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY
1336+ JAILS. (a) In this section, "county jail" means a facility
1337+ operated by or for a county for the confinement of persons accused
1338+ or convicted of an offense.
1339+ (b) If an individual is confined in a county jail because
1340+ the individual has been charged with but not convicted of an
1341+ offense, the commission shall suspend the individual's eligibility
1342+ for medical assistance during the period the individual is confined
1343+ in the county jail.
1344+ (c) If an individual is confined in a county jail because
1345+ the individual has been convicted of an offense, the commission
1346+ shall, as appropriate:
1347+ (1) terminate the individual's eligibility for medical
1348+ assistance; or
1349+ (2) suspend the individual's eligibility during the
1350+ period the individual is confined in the county jail.
1351+ (d) Not later than 48 hours after the commission is notified
1352+ of the release from a county jail of an individual whose eligibility
1353+ for medical assistance has been suspended under this section, the
1354+ commission shall reinstate the individual's eligibility, provided
1355+ the individual's eligibility certification period has not elapsed.
1356+ Following the reinstatement, the individual remains eligible until
1357+ the expiration of the period for which the individual was certified
1358+ as eligible.
1359+ SECTION 22. Section 118.018, Local Government Code, is
1360+ amended by adding Subsection (d) to read as follows:
1361+ (d) If a state agency determines that a marriage license fee
1362+ was collected for a marriage license that is associated with a union
1363+ other than a union between one man and one woman, the county clerk
1364+ shall remit $30 to the comptroller. The comptroller shall deposit
1365+ funds remitted under this subsection into the general revenue fund.
1366+ SECTION 23. Section 118.019, Local Government Code, is
1367+ amended to read as follows:
1368+ Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The
1369+ fee for "Declaration of Informal Marriage" under Section 118.011 is
1370+ for all services rendered in connection with the execution of a
1371+ declaration of informal marriage under Section 2.402 [1.92], Family
1372+ Code. The fee shall be collected at the time the service is
1373+ rendered.
1374+ (b) If a state agency determines that a declaration of
1375+ informal marriage fee was collected for a declaration of informal
1376+ marriage that is associated with a union other than a union between
1377+ one man and one woman, the county clerk shall remit $12.50 to the
1378+ comptroller. The comptroller shall deposit funds remitted under
1379+ this subsection into the general revenue fund.
1380+ SECTION 24. Effective September 1, 2015, Section 263.152,
1381+ Local Government Code, is amended by adding Subsection (c) to read
1382+ as follows:
691383 (c) Disposal under Subsection (a)(3) may be accomplished
701384 through a recycling program under which the property is collected,
711385 separated, or processed and returned to use in the form of raw
721386 materials in the production of new products.
73- SECTION 5. The heading to Section 271.9051, Local
74- Government Code, is amended to read as follows:
75- Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S
76- PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES AND COUNTIES.
77- SECTION 6. Sections 271.9051(a), (b), and (c), Local
78- Government Code, are amended to read as follows:
79- (a) This section applies only to a municipality or county
80- that is authorized under this title to purchase real property or
81- personal property that is not affixed to real property.
82- (b) In purchasing under this title any real property,
83- personal property that is not affixed to real property, or
84- services, if a municipality or county receives one or more
85- competitive sealed bids from a bidder whose principal place of
86- business is in the municipality or county and whose bid is within
87- five percent of the lowest bid price received by the municipality or
88- county from a bidder who is not a resident of the municipality or
89- county, the municipality or county may enter into a contract for
90- construction services in an amount of less than $100,000 or a
91- contract for other purchases in an amount of less than $500,000
92- with:
93- (1) the lowest bidder; or
94- (2) the bidder whose principal place of business is in
95- the municipality or county if the governing body of the
96- municipality or county determines, in writing, that the local
97- bidder offers the municipality or county the best combination of
98- contract price and additional economic development opportunities
99- for the municipality or county created by the contract award,
100- including the employment of residents of the municipality or county
101- and increased tax revenues to the municipality or county.
102- (c) This section does not prohibit a municipality or county
103- from rejecting all bids.
104- SECTION 7. Section 271.9051, Local Government Code, as
105- amended by this Act, applies only to a contract for which the
106- initial notice soliciting bids is given on or after the effective
107- date of this Act. A contract for which the initial notice soliciting
108- bids is given before the effective date of this Act is governed by
109- the law in effect when the initial notice is given, and the former
110- law is continued in effect for that purpose.
111- SECTION 8. This Act takes effect September 1, 2015.
1387+ SECTION 25. Effective September 1, 2015, Subchapter C,
1388+ Chapter 351, Local Government Code, is amended by adding Section
1389+ 351.046 to read as follows:
1390+ Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a)
1391+ The sheriff of a county may notify the Health and Human Services
1392+ Commission:
1393+ (1) on the confinement in the county jail of an
1394+ individual who is receiving medical assistance benefits under
1395+ Chapter 32, Human Resources Code; and
1396+ (2) on the conviction of a prisoner who, immediately
1397+ before the prisoner's confinement in the county jail, was receiving
1398+ medical assistance benefits.
1399+ (b) If the sheriff of a county chooses to provide the
1400+ notices described by Subsection (a), the sheriff shall provide the
1401+ notices electronically or by other appropriate means as soon as
1402+ possible and not later than the 30th day after the date of the
1403+ individual's confinement or prisoner's conviction, as applicable.
1404+ (c) The sheriff of a county may notify:
1405+ (1) the United States Social Security Administration
1406+ of the release or discharge of a prisoner who, immediately before
1407+ the prisoner's confinement in the county jail, was receiving:
1408+ (A) Supplemental Security Income (SSI) benefits
1409+ under 42 U.S.C. Section 1381 et seq.; or
1410+ (B) Social Security Disability Insurance (SSDI)
1411+ benefits under 42 U.S.C. Section 401 et seq.; and
1412+ (2) the Health and Human Services Commission of the
1413+ release or discharge of a prisoner who, immediately before the
1414+ prisoner's confinement in the county jail, was receiving medical
1415+ assistance benefits.
1416+ (d) If the sheriff of a county chooses to provide the
1417+ notices described by Subsection (c), the sheriff shall provide the
1418+ notices electronically or by other appropriate means not later than
1419+ 48 hours after the prisoner's release or discharge from custody.
1420+ (e) If the sheriff of a county chooses to provide the
1421+ notices described by Subsection (c), at the time of the prisoner's
1422+ release or discharge, the sheriff shall provide the prisoner with a
1423+ written copy of each applicable notice and a phone number at which
1424+ the prisoner may contact the Health and Human Services Commission
1425+ regarding confirmation of or assistance relating to reinstatement
1426+ of the individual's eligibility for medical assistance benefits, if
1427+ applicable.
1428+ (f) The Health and Human Services Commission shall
1429+ establish a means by which the sheriff of a county, or an employee
1430+ of the county or sheriff, may determine whether an individual
1431+ confined in the county jail is or was, as appropriate, receiving
1432+ medical assistance benefits under Chapter 32, Human Resources Code,
1433+ for purposes of this section.
1434+ (g) The county or sheriff, or an employee of the county or
1435+ sheriff, is not liable in a civil action for damages resulting from
1436+ a failure to comply with this section.
1437+ SECTION 26. Section 501.106(b), Local Government Code, is
1438+ amended to read as follows:
1439+ (b) For a corporation to which this section applies, in this
1440+ subtitle, "project" includes the land, buildings, facilities,
1441+ infrastructure, and improvements that:
1442+ (1) the corporation's board of directors finds are
1443+ required or suitable for the development or promotion of new or
1444+ expanded business enterprises through transportation facilities
1445+ including airports, hangars, railports, rail switching facilities,
1446+ maintenance and repair facilities, cargo facilities, marine ports,
1447+ inland ports, mass commuting facilities, parking facilities, and
1448+ related infrastructure located on or adjacent to an airport or
1449+ railport facility [expansion of airport facilities]; or
1450+ (2) are undertaken by the corporation if the
1451+ municipality that authorized the creation of the corporation has,
1452+ at the time the corporation approves the project as provided by this
1453+ subtitle:
1454+ (A) a population of less than 50,000; or
1455+ (B) an average rate of unemployment that is
1456+ greater than the state average rate of unemployment during the most
1457+ recent 12-month period for which data is available that precedes
1458+ the date the project is approved.
1459+ SECTION 27. Section 501.160(d), Local Government Code, is
1460+ amended to read as follows:
1461+ (d) A corporation has all the powers necessary to own and
1462+ operate a project as a business if:
1463+ (1) the project is a military installation or military
1464+ facility that has been closed or realigned, including a military
1465+ installation or facility closed or realigned under the Defense Base
1466+ Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note),
1467+ as amended; or
1468+ (2) the project is authorized under Section 501.106.
1469+ SECTION 28. Effective September 1, 2015, Section 52.025,
1470+ Natural Resources Code, is amended to read as follows:
1471+ Sec. 52.025. DISPOSITION OF LEASE PAYMENTS. (a) Except as
1472+ provided by Subsection (b), the [The] comptroller shall credit the
1473+ permanent school fund with amounts received from unsurveyed school
1474+ land and with two-thirds of the amount received from other areas and
1475+ shall credit the General Revenue Fund with the remaining one-third
1476+ of the payments for the other areas.
1477+ (b) To the extent permissible under the Texas Constitution,
1478+ the comptroller shall remit to a county the amount received from
1479+ land owned in fee simple by the county. Money remitted to a county
1480+ under this section shall be deposited to the credit of the county
1481+ road and bridge fund of the county and may be used by the county only
1482+ for road maintenance purposes.
1483+ SECTION 29. Subchapter E, Chapter 1054, Special District
1484+ Local Laws Code, is amended by adding Section 1054.2025 to read as
1485+ follows:
1486+ Sec. 1054.2025. GENERAL OBLIGATION BOND ELECTION. (a) The
1487+ district may issue general obligation bonds only if the bonds are
1488+ authorized by a majority of the district voters voting at an
1489+ election held for that purpose.
1490+ (b) The order calling the election shall provide for clerks
1491+ as in county elections and must specify:
1492+ (1) the date of the election;
1493+ (2) the location of the polling places;
1494+ (3) the presiding and alternate election judges for
1495+ each polling place;
1496+ (4) the amount of the bonds to be authorized;
1497+ (5) the maximum interest rate of the bonds; and
1498+ (6) the maximum maturity of the bonds.
1499+ (c) Notice of a bond election shall be given as provided by
1500+ Section 1251.003, Government Code.
1501+ SECTION 30. Effective January 1, 2016, Section 11.1825, Tax
1502+ Code, is amended by amending Subsections (s) and (v) and adding
1503+ Subsection (z) to read as follows:
1504+ (s) Unless otherwise provided by the governing body of a
1505+ taxing unit any part of which is located in a county with a
1506+ population of at least 1.8 million under Subsection (x) or as
1507+ provided by Subsection (z), for property described by Subsection
1508+ (f)(1), the amount of the exemption under this section from
1509+ taxation is 50 percent of the appraised value of the property.
1510+ (v) Except as provided by Subsection (z), notwithstanding
1511+ [Notwithstanding] any other provision of this section, an
1512+ organization may not receive an exemption from taxation of property
1513+ described by Subsection (f)(1) by a taxing unit any part of which is
1514+ located in a county with a population of at least 1.8 million unless
1515+ the exemption is approved by the governing body of the taxing unit
1516+ in the manner provided by law for official action.
1517+ (z) Notwithstanding any other provision of this section, an
1518+ owner of real property described by Subsection (f)(1) or (2) is
1519+ entitled to an exemption under this section from taxation of 100
1520+ percent of the appraised value of the property regardless of
1521+ whether the owner meets the requirements of Subsection (b) or of
1522+ Subsections (c) and (d) if:
1523+ (1) the owner is exempt from federal income taxation
1524+ under Section 501(a), Internal Revenue Code of 1986, by being
1525+ listed as an exempt entity under Section 501(c)(3) of that code and
1526+ the owner otherwise qualifies for an exemption for the property
1527+ under this section;
1528+ (2) the property was previously owned by a local
1529+ government corporation created by a municipality under Chapter 431,
1530+ Transportation Code, or Chapter 394, Local Government Code, or a
1531+ predecessor statute for purposes that include promoting,
1532+ developing, encouraging, and maintaining affordable housing in a
1533+ tax increment financing reinvestment zone created by the
1534+ municipality under Chapter 311; and
1535+ (3) the property is located in a county with a
1536+ population of at least four million.
1537+ SECTION 31. Effective September 1, 2015, Subchapter A,
1538+ Chapter 311, Transportation Code, is amended by adding Section
1539+ 311.009 to read as follows:
1540+ Sec. 311.009. COUNTY REQUEST FOR CLOSING OF ALLEY IN
1541+ CERTAIN MUNICIPALITIES. (a) This section applies only to a
1542+ municipality with a population of more than 10,000 but less than
1543+ 25,000 that has land area of less than four square miles and is
1544+ located wholly within a county that has a population of more than
1545+ 2.3 million and a total area of less than 1,000 square miles.
1546+ (b) If not otherwise restricted by a county, a municipality
1547+ that receives a request for the abandonment of an alley located in
1548+ any portion of the county shall, not later than the 30th day after
1549+ the date the request was submitted, issue a final decision to grant
1550+ or deny the request.
1551+ (c) A request for which a final decision is not issued in the
1552+ period described by Subsection (b) is considered to be granted.
1553+ (d) A decision of the municipality under Subsection (b) may
1554+ be appealed to a district or county court.
1555+ SECTION 32. Effective September 1, 2015, Subchapter A,
1556+ Chapter 623, Transportation Code, is amended by adding Section
1557+ 623.004 to read as follows:
1558+ Sec. 623.004. ADMINISTRATION AND OVERSIGHT OF OVERWEIGHT
1559+ CORRIDORS. (a) In this section, "overweight corridor" means a
1560+ designated section of a state highway for which an optional
1561+ procedure is authorized under this chapter for the issuance of
1562+ permits:
1563+ (1) by entities other than the Texas Department of
1564+ Transportation or the department; and
1565+ (2) for the movement of oversize or overweight
1566+ vehicles.
1567+ (b) The Texas Department of Transportation shall, after
1568+ receiving input from local officials:
1569+ (1) set minimum requirements for determining the
1570+ feasibility, viability, and economic impact of additional
1571+ overweight corridors that take into consideration traffic volume,
1572+ safety concerns, ability to recover costs, and the role of
1573+ overweight corridors within a statewide plan for freight mobility;
1574+ (2) use the requirements set under Subdivision (1) to
1575+ periodically develop recommendations for additional overweight
1576+ corridors that would benefit the state;
1577+ (3) include any recommendations developed under
1578+ Subdivision (2) in the plan described by Section 201.6011; and
1579+ (4) create a pavement management plan for each
1580+ operational overweight corridor.
1581+ (c) The Texas Department of Transportation, in consultation
1582+ with interested parties, shall:
1583+ (1) establish performance measures for each
1584+ operational overweight corridor; and
1585+ (2) include in the plan described by Section 201.6011
1586+ the results of an evaluation using the performance measures
1587+ disaggregated by overweight corridor.
1588+ (d) An entity issuing overweight corridor permits under
1589+ this chapter shall:
1590+ (1) report information necessary for an evaluation
1591+ using performance measures established under Subsection (c) to the
1592+ Texas Department of Transportation; and
1593+ (2) in setting a fee for the permit, consider the
1594+ pavement management plan created under Subsection (b)(4) for the
1595+ overweight corridor.
1596+ (e) The department may:
1597+ (1) issue overweight corridor permits on behalf of an
1598+ entity authorized to issue the permits under this chapter; and
1599+ (2) establish and charge a fee for issuing a permit
1600+ under Subdivision (1) in an amount sufficient to recover the actual
1601+ cost of issuance.
1602+ (f) A fee collected under Subsection (e)(2) shall be sent to
1603+ the comptroller for deposit to the credit of the Texas Department of
1604+ Motor Vehicles fund and may be appropriated only to the department
1605+ for the administration of this section.
1606+ SECTION 33. Subchapter E, Chapter 13, Water Code, is
1607+ amended by adding Section 13.1461 to read as follows:
1608+ Sec. 13.1461. CORRECTIONAL FACILITY COMPLIANCE WITH
1609+ CONSERVATION MEASURES. A retail public utility may require the
1610+ operator of a correctional facility, as defined by Section
1611+ 1.07(14), Penal Code, that receives retail water or sewer utility
1612+ service from the retail public utility to comply with uniform water
1613+ conservation measures adopted or implemented by the retail public
1614+ utility. This section does not authorize a retail public utility to
1615+ require a correctional facility to:
1616+ (1) alter or remove facilities installed on or before
1617+ September 1, 2015; or
1618+ (2) install devices that the correctional facility
1619+ determines may disrupt the operation of the correctional facility.
1620+ SECTION 34. Effective September 1, 2015, Subchapter G,
1621+ Chapter 13, Water Code, is amended by adding Section 13.2541 to read
1622+ as follows:
1623+ Sec. 13.2541. REVOCATION OF CERTIFICATE FOR CERTAIN MAJOR
1624+ VIOLATORS. (a) Utility commission staff shall file a petition to
1625+ revoke an investor-owned water utility's certificate of public
1626+ convenience and necessity if the staff has reason to believe:
1627+ (1) the utility has committed repeated or continuous
1628+ major violations of one or more commission rules related to safe
1629+ drinking water for at least six years before the petition is filed;
1630+ (2) none of the owners of the utility have borrowed
1631+ money from a federally insured lending institution to use to remedy
1632+ a violation of one or more commission rules related to safe drinking
1633+ water;
1634+ (3) the utility serves more than 1,000 connections but
1635+ is made up of less than five public water systems;
1636+ (4) the utility does not serve customers who are
1637+ located in a municipality; and
1638+ (5) the utility is located in a county with a
1639+ population of more than four million.
1640+ (b) If, after notice and hearing, the utility commission
1641+ finds that the facts alleged in the petition are true, the utility
1642+ commission may revoke the investor-owned water utility's
1643+ certificate on or before the 90th day after the date the petition is
1644+ filed.
1645+ (c) At the time the utility commission revokes the
1646+ certificate it shall appoint a temporary manager and temporarily
1647+ transfer the certificate to the temporary manager. On accepting
1648+ the transfer, the temporary manager has all the powers necessary to
1649+ operate and manage the utility until the utility commission
1650+ certifies another retail public utility.
1651+ (d) Not more than 12 months after the date the utility
1652+ commission appoints a temporary manager under Subsection (c), the
1653+ utility commission shall offer at auction any property that the
1654+ utility commission determines is rendered useless or valueless to
1655+ the decertified investor-owned water utility as a result of the
1656+ decertification.
1657+ (e) Any person, including public and private water
1658+ utilities and the temporary manager appointed under Subsection (c),
1659+ may apply for approval to bid on the decertified utility's assets
1660+ and property. The utility commission shall review each application
1661+ and approve applicants that it determines have the financial,
1662+ managerial, and technical ability to provide safe, adequate, and
1663+ continuous water service to the decertified utility's customers.
1664+ Only approved applicants may bid in the auction. The utility
1665+ commission shall request proposals from all approved bidders.
1666+ (f) Before the auction, the utility commission and the
1667+ temporary manager shall:
1668+ (1) make the books and records of the decertified
1669+ utility available to all approved bidders; and
1670+ (2) provide an opportunity for all approved bidders to
1671+ inspect the decertified utility's assets and property.
1672+ (g) Each bid must:
1673+ (1) estimate the rates the bidder would charge for
1674+ service during the first five years following the date of the sale;
1675+ and
1676+ (2) agree that the bidder, if the bidder purchases the
1677+ assets and property, will consider making improvements to remedy
1678+ and prevent damages from previous violations of commission rules
1679+ related to safe drinking water before the third anniversary of the
1680+ purchase date.
1681+ (h) The utility commission shall select the bidder that has
1682+ the best plan to remedy previous violations of commission rules, as
1683+ determined by the utility commission, and, on completion of the
1684+ sale to the selected bidder and payment to the decertified utility,
1685+ transfer the certificate of public convenience and necessity from
1686+ the temporary manager to the selected bidder.
1687+ (i) This section expires December 31, 2019.
1688+ SECTION 35. Effective September 1, 2015, Section 60.039(a),
1689+ Water Code, is amended to read as follows:
1690+ (a) The commission may lease the surface of land for not
1691+ more than 50 [30] years by the entry of an order on the minutes of
1692+ the commission and the execution of a lease in the manner provided
1693+ by the original order. The lease may not be extended beyond the
1694+ 50-year [30-year] period by renewal, extension, or otherwise,
1695+ except that the commission may extend a lease beyond a 50-year
1696+ period for residential property located in a district in which at
1697+ least 50 percent of the property is residential property.
1698+ SECTION 36. Effective September 1, 2015, Section 60.040,
1699+ Water Code, is amended to read as follows:
1700+ Sec. 60.040. PUBLICATION OF NOTICE FOR SALES AND LEASES IN
1701+ EXCESS OF 50 [30] YEARS. Before making a sale or lease of land for
1702+ more than 50 [30] years, the commission shall publish a notice in
1703+ the manner provided in Section 60.035 [of this subchapter].
1704+ SECTION 37. Effective September 1, 2015, Section 60.041,
1705+ Water Code, is amended to read as follows:
1706+ Sec. 60.041. SECURITY FOR BIDS ON LAND TO BE SOLD OR LEASED
1707+ FOR MORE THAN 50 [30] YEARS. Each bid submitted on land to be sold
1708+ or leased for more than 50 [30] years shall be accompanied by a
1709+ certified check, cashier's check, or bidder's bond with a
1710+ responsible corporate surety authorized to do business in Texas.
1711+ The check or bond shall be in an amount equal to the bid for the land
1712+ or for the first rental payment under the lease and shall guarantee
1713+ that the bidder will perform the terms of the [his] bid if it is
1714+ accepted by the commission.
1715+ SECTION 38. Effective September 1, 2015, the heading to
1716+ Section 60.042, Water Code, is amended to read as follows:
1717+ Sec. 60.042. AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS
1718+ OF 50 [30] YEARS.
1719+ SECTION 39. Effective September 1, 2015, the following
1720+ sections of the Health and Safety Code are repealed:
1721+ (1) Section 262.034;
1722+ (2) Section 285.101(d); and
1723+ (3) Section 288.0032.
1724+ SECTION 40. Except as otherwise provided by this section,
1725+ Section 194.001(c), Health and Safety Code, and Sections 118.018(d)
1726+ and 118.019(b), Local Government Code, as added by this Act, apply
1727+ only to a marriage license issued or declaration of informal
1728+ marriage recorded on or after the effective date of this Act. If
1729+ this Act takes effect before June 1, 2015, Section 194.001(c),
1730+ Health and Safety Code, and Sections 118.018(d) and 118.019(b),
1731+ Local Government Code, as added by this Act, do not apply to a
1732+ marriage license issued or declaration of informal marriage
1733+ recorded before that date.
1734+ SECTION 41. Sections 32.0264(a)-(c), Human Resources Code,
1735+ and Section 351.046(a), Local Government Code, as added by this
1736+ Act, apply to an individual whose period of confinement in a county
1737+ jail begins on or after the effective date of this Act, regardless
1738+ of the date the individual was determined eligible for medical
1739+ assistance under Chapter 32, Human Resources Code.
1740+ SECTION 42. Section 32.0264(d), Human Resources Code, and
1741+ Section 351.046(c), Local Government Code, as added by this Act,
1742+ apply to the release or discharge of a prisoner from a county jail
1743+ that occurs on or after the effective date of this Act, regardless
1744+ of the date the prisoner was initially confined in the county jail.
1745+ SECTION 43. Section 1054.2025, Special District Local Laws
1746+ Code, as added by this Act, applies only to general obligation bonds
1747+ issued by the Lynn County Hospital District on or after the
1748+ effective date of this Act.
1749+ SECTION 44. Section 11.1825, Tax Code, as amended by this
1750+ Act, applies only to ad valorem taxes imposed for a tax year
1751+ beginning on or after January 1, 2016.
1752+ SECTION 45. Sections 60.039, 60.040, 60.041, and 60.042,
1753+ Water Code, as amended by this Act, apply only to a lease entered
1754+ into on or after September 1, 2015. A lease entered into before
1755+ September 1, 2015, is governed by the law in effect on the date the
1756+ lease was entered into, and the former law is continued in effect
1757+ for that purpose.
1758+ SECTION 46. If before implementing any provision of this
1759+ Act a state agency determines that a waiver or authorization from a
1760+ federal agency is necessary for implementation of that provision,
1761+ the agency affected by the provision shall request the waiver or
1762+ authorization and may delay implementing that provision until the
1763+ waiver or authorization is granted.
1764+ SECTION 47. Except as otherwise provided by this Act, this
1765+ Act takes effect immediately if it receives a vote of two-thirds of
1766+ all the members elected to each house, as provided by Section 39,
1767+ Article III, Texas Constitution. If this Act does not receive the
1768+ vote necessary for immediate effect, this Act takes effect
1769+ September 1, 2015.
1770+ * * * * *