Texas 2017 - 85th Regular

Texas House Bill HB3850 Compare Versions

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

Old	New	Differences
1	1	85R14590 MK-D
2	2	By: Zerwas H.B. No. 3850
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to state fiscal matters; authorizing a fee.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN
10	10	SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN
11	11	SERVICES PROGRAMS
12	12	SECTION 1.01. (a) This section applies to any state agency
13	13	that receives an appropriation under Article II of the General
14	14	Appropriations Act and to any program administered by any of those
15	15	agencies.
16	16	(b) Notwithstanding any other statute of this state, each
17	17	state agency to which this section applies is authorized to reduce
18	18	or recover expenditures by:
19	19	(1) consolidating any reports or publications the
20	20	agency is required to make and filing or delivering any of those
21	21	reports or publications exclusively by electronic means;
22	22	(2) extending the effective period of any license,
23	23	permit, or registration the agency grants or administers;
24	24	(3) entering into a contract with another governmental
25	25	entity or with a private vendor to carry out any of the agency's
26	26	duties;
27	27	(4) adopting additional eligibility requirements
28	28	consistent with federal law for persons who receive benefits under
29	29	any law the agency administers to ensure that those benefits are
30	30	received by the most deserving persons consistent with the purposes
31	31	for which the benefits are provided, including under the following
32	32	laws:
33	33	(A) Chapter 62, Health and Safety Code (child
34	34	health plan program);
35	35	(B) Chapter 31, Human Resources Code (Temporary
36	36	Assistance for Needy Families program);
37	37	(C) Chapter 32, Human Resources Code (Medicaid
38	38	program);
39	39	(D) Chapter 33, Human Resources Code
40	40	(supplemental nutrition assistance and other nutritional
41	41	assistance programs); and
42	42	(E) Chapter 533, Government Code (Medicaid
43	43	managed care);
44	44	(5) providing that any communication between the
45	45	agency and another person and any document required to be delivered
46	46	to or by the agency, including any application, notice, billing
47	47	statement, receipt, or certificate, may be made or delivered by
48	48	e-mail or through the Internet;
49	49	(6) adopting and collecting fees or charges to cover
50	50	any costs the agency incurs in performing its lawful functions; and
51	51	(7) modifying and streamlining processes used in:
52	52	(A) the conduct of eligibility determinations
53	53	for programs listed in Subdivision (4) of this subsection by or
54	54	under the direction of the Health and Human Services Commission;
55	55	(B) the provision of child and adult protective
56	56	services by the Department of Family and Protective Services;
57	57	(C) the provision of community health services,
58	58	consumer protection services, and mental health services by the
59	59	Department of State Health Services; and
60	60	(D) the provision or administration of other
61	61	services provided or programs operated by the Health and Human
62	62	Services Commission or a health and human services agency, as
63	63	defined by Section 531.001, Government Code.
64	64	SECTION 1.02. Subchapter A, Chapter 533, Government Code,
65	65	is amended by adding Sections 533.00291, 533.00292, and 533.00293
66	66	to read as follows:
67	67	Sec. 533.00291. CARE COORDINATION BENEFITS. (a) In this
68	68	section, "care coordination" means assisting recipients to develop
69	69	a plan of care, including a service plan, that meets the recipient's
70	70	needs and coordinating the provision of Medicaid benefits in a
71	71	manner that is consistent with the plan of care. The term is
72	72	synonymous with "case management," "service coordination," and
73	73	"service management."
74	74	(b) The commission shall streamline and clarify the
75	75	provision of care coordination benefits across Medicaid programs
76	76	and services for recipients receiving benefits under a managed care
77	77	delivery model. In streamlining and clarifying the provision of
78	78	care coordination benefits under this section, the commission shall
79	79	at a minimum:
80	80	(1) subject to Subsection (c), establish a process for
81	81	determining and designating a single entity as the primary entity
82	82	responsible for a recipient's care coordination;
83	83	(2) evaluate and eliminate duplicative services
84	84	intended to achieve recipient care coordination, including care
85	85	coordination or related benefits provided:
86	86	(A) by a Medicaid managed care organization;
87	87	(B) by a recipient's medical or health home;
88	88	(C) through a disease management program
89	89	provided by a Medicaid managed care organization;
90	90	(D) by a provider of targeted case management and
91	91	psychiatric rehabilitation services; and
92	92	(E) through a program of case management for
93	93	high-risk pregnant women and high-risk children established under
94	94	Section 22.0031, Human Resources Code;
95	95	(3) evaluate and, if the commission determines it
96	96	appropriate, modify the capitation rate paid to Medicaid managed
97	97	care organizations to account for the provision of care
98	98	coordination benefits by a person not affiliated with the
99	99	organization; and
100	100	(4) establish and use a consistent set of terms for
101	101	care coordination provided under a managed care delivery model.
102	102	(c) In establishing a process under Subsection (b)(1), the
103	103	commission shall ensure that:
104	104	(1) for a recipient who receives targeted case
105	105	management and psychiatric rehabilitation services, the default
106	106	entity to act as the primary entity responsible for the recipient's
107	107	care coordination under Subsection (b)(1) is the provider of
108	108	targeted case management and psychiatric rehabilitation services;
109	109	and
110	110	(2) for recipients other than those described by
111	111	Subdivision (1), the process includes an evaluation process
112	112	designed to identify the provider that would best meet the care
113	113	coordination needs of a recipient and that the commission
114	114	incorporates into Medicaid managed care program contracts.
115	115	Sec. 533.00292. CARE COORDINATOR CASELOAD STANDARDS. (a)
116	116	In this section:
117	117	(1) "Care coordination" has the meaning assigned by
118	118	Section 533.00291.
119	119	(2) "Care coordinator" means a person, including a
120	120	case manager, engaged by a Medicaid managed care organization to
121	121	provide care coordination benefits.
122	122	(b) The executive commissioner by rule shall establish
123	123	caseload standards for care coordinators providing care
124	124	coordination under the STAR+PLUS home and community-based services
125	125	supports (HCBS) program.
126	126	(c) The executive commissioner by rule may, if the executive
127	127	commissioner determines it appropriate, establish caseload
128	128	standards for care coordinators providing care coordination under
129	129	Medicaid programs other than the STAR+PLUS home and community-based
130	130	services supports (HCBS) program.
131	131	(d) In determining whether to establish caseload standards
132	132	for a Medicaid program under Subsection (c), the executive
133	133	commissioner shall consider whether implementing the standards
134	134	would improve:
135	135	(1) Medicaid managed care organization contract
136	136	compliance;
137	137	(2) the quality of care coordination provided under
138	138	the program;
139	139	(3) recipient health outcomes; and
140	140	(4) transparency regarding the availability of care
141	141	coordination benefits to recipients and interested stakeholders.
142	142	Sec. 533.00293. INFORMATION SHARING. (a) In this section:
143	143	(1) "Care coordination" has the meaning assigned by
144	144	Section 533.00291.
145	145	(2) "Care coordinator" has the meaning assigned by
146	146	Section 533.00292.
147	147	(b) To the extent permitted under applicable federal and
148	148	state law enacted to protect the confidentiality and privacy of
149	149	patients' health information, managed care organizations under
150	150	contract with the commission to provide health care services to
151	151	recipients shall ensure the sharing of information, including
152	152	recipient medical records, among care coordinators and health care
153	153	providers as appropriate to provide care coordination benefits.
154	154	For purposes of implementing this section, a managed care
155	155	organization may allow a care coordinator to share a recipient's
156	156	service plan with health care providers, subject to the limitations
157	157	of this section.
158	158	SECTION 1.03. Subchapter B, Chapter 531, Government Code,
159	159	is amended by adding Section 531.0993 to read as follows:
160	160	Sec. 531.0993. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST,
161	161	AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO
162	162	REDUCE WAIT TIME FOR FORENSIC COMMITMENT. (a) For purposes of this
163	163	section, "low-income household" means a household with a total
164	164	income at or below 200 percent of the federal poverty guideline.
165	165	(b) Using money appropriated to the commission for that
166	166	purpose, the commission shall make grants to county-based community
167	167	collaboratives for the purposes of reducing:
168	168	(1) recidivism by, the frequency of arrests of, and
169	169	incarceration of persons with mental illness; and
170	170	(2) the total waiting time for forensic commitment of
171	171	persons with mental illness to a state hospital.
172	172	(c) A community collaborative is eligible to receive a grant
173	173	under this section only if the collaborative includes a county, a
174	174	local mental health authority that operates in the county, and each
175	175	hospital district, if any, located in the county. A community
176	176	collaborative may include other local entities designated by the
177	177	collaborative's members.
178	178	(d) The commission shall condition each grant provided to a
179	179	community collaborative under this section on the collaborative
180	180	providing matching funds from non-state sources in a total amount
181	181	at least equal to the awarded grant amount. To raise matching
182	182	funds, a collaborative may seek and receive gifts, grants, or
183	183	donations from any person.
184	184	(e) The commission shall estimate the number of cases of
185	185	serious mental illness in low-income households located in each of
186	186	the 10 most populous counties in this state. For the purposes of
187	187	distributing grants under this section to community collaboratives
188	188	established in those 10 counties, for each fiscal year the
189	189	commission shall determine an amount of grant money available on a
190	190	per-case basis by dividing the total amount of money appropriated
191	191	to the commission for the purpose of making grants under this
192	192	section in that year by the estimated total number of cases of
193	193	serious mental illness in low-income households located in those 10
194	194	counties.
195	195	(f) The commission shall make available to a community
196	196	collaborative established in each of the 10 most populous counties
197	197	in this state a grant in an amount equal to the lesser of:
198	198	(1) an amount determined by multiplying the per-case
199	199	amount determined under Subsection (e) by the estimated number of
200	200	cases of serious mental illness in low-income households in that
201	201	county; or
202	202	(2) an amount equal to the collaborative's available
203	203	matching funds.
204	204	(g) To the extent appropriated money remains available to
205	205	the commission for that purpose after the commission awards grants
206	206	under Subsection (f), the commission shall make available to
207	207	community collaboratives established in other counties in this
208	208	state grants through a competitive request for proposal process.
209	209	For purposes of awarding a grant under this subsection, a
210	210	collaborative may include adjacent counties if, for each member
211	211	county, the collaborative's members include a local mental health
212	212	authority that operates in the county and each hospital district,
213	213	if any, located in the county. A grant awarded under this
214	214	subsection may not exceed an amount equal to the lesser of:
215	215	(1) an amount determined by multiplying the per-case
216	216	amount determined under Subsection (e) by the estimated number of
217	217	cases of serious mental illness in low-income households in the
218	218	county or counties; or
219	219	(2) an amount equal to the collaborative's available
220	220	matching funds.
221	221	(h) The community collaboratives established in each of the
222	222	10 most populous counties in this state shall submit to the
223	223	commission a plan that:
224	224	(1) is endorsed by each of the collaborative's member
225	225	entities;
226	226	(2) identifies a target population;
227	227	(3) describes how the grant money and matching funds
228	228	will be used;
229	229	(4) includes outcome measures to evaluate the success
230	230	of the plan, including the plan's effect on reducing state hospital
231	231	admissions of the target population; and
232	232	(5) describes how the success of the plan in
233	233	accordance with the outcome measures would further the state's
234	234	interest in the grant program's purposes.
235	235	(i) A community collaborative that applies for a grant under
236	236	Subsection (g) must submit to the commission a plan as described by
237	237	Subsection (h). The commission shall consider the submitted plan
238	238	together with any other relevant information in awarding a grant
239	239	under Subsection (g).
240	240	(j) The commission must review and approve plans submitted
241	241	under Subsection (h) or (i) before the commission distributes a
242	242	grant under Subsection (f) or (g). If the commission determines
243	243	that a plan includes insufficient outcome measures, the commission
244	244	may make the necessary changes to the plan to establish appropriate
245	245	outcome measures. The commission may not make other changes to a
246	246	plan submitted under Subsection (h) or (i).
247	247	(k) Acceptable uses for the grant money and matching funds
248	248	include:
249	249	(1) the continuation of a mental health jail diversion
250	250	program;
251	251	(2) the establishment or expansion of a mental health
252	252	jail diversion program;
253	253	(3) the establishment of alternatives to competency
254	254	restoration in a state hospital, including outpatient competency
255	255	restoration, inpatient competency restoration in a setting other
256	256	than a state hospital, or jail-based competency restoration;
257	257	(4) the provision of assertive community treatment or
258	258	forensic assertive community treatment with an outreach component;
259	259	(5) the provision of intensive mental health services
260	260	and substance abuse treatment not readily available in the county;
261	261	(6) the provision of continuity of care services for
262	262	an individual being released from a state hospital;
263	263	(7) the establishment of interdisciplinary rapid
264	264	response teams to reduce law enforcement's involvement with mental
265	265	health emergencies; and
266	266	(8) the provision of local community hospital, crisis,
267	267	respite, or residential beds.
268	268	(l) Not later than December 31 of each year for which the
269	269	commission distributes a grant under this section, each community
270	270	collaborative that receives a grant shall prepare and submit a
271	271	report describing the effect of the grant money and matching funds
272	272	in achieving the standard defined by the outcome measures in the
273	273	plan submitted under Subsection (h) or (i).
274	274	(m) The commission may make inspections of the operation and
275	275	provision of mental health services provided by a community
276	276	collaborative to ensure state money appropriated for the grant
277	277	program is used effectively.
278	278	(n) The commission shall enter into an agreement with a
279	279	qualified nonprofit or private entity to serve as the administrator
280	280	of the grant program at no cost to the state. The administrator
281	281	shall assist, support, and advise the commission in fulfilling the
282	282	commission's responsibilities with respect to the grant program.
283	283	The administrator may advise the commission on:
284	284	(1) design, development, implementation, and
285	285	management of the program;
286	286	(2) eligibility requirements for grant recipients;
287	287	(3) design and management of the competitive bidding
288	288	processes for applications or proposals and the evaluation and
289	289	selection of grant recipients;
290	290	(4) grant requirements and mechanisms;
291	291	(5) roles and responsibilities of grant recipients;
292	292	(6) reporting requirements for grant recipients;
293	293	(7) support and technical capabilities;
294	294	(8) timelines and deadlines for the program;
295	295	(9) evaluation of the program and grant recipients;
296	296	(10) requirements for reporting on the program to
297	297	policy makers; and
298	298	(11) estimation of the number of cases of serious
299	299	mental illness in low-income households in each county.
300	300	SECTION 1.04. Subchapter A, Chapter 261, Family Code, is
301	301	amended by adding Section 261.004 to read as follows:
302	302	Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR
303	303	NEGLECT REPORTS. The department shall collect, compile, and
304	304	monitor data regarding repeated reports of abuse or neglect
305	305	involving the same child or by the same alleged perpetrator. In
306	306	compiling reports under this section, the department shall group
307	307	together separate reports involving different children residing in
308	308	the same household.
309	309	SECTION 1.05. Subchapter A, Chapter 265, Family Code, is
310	310	amended by adding Sections 265.0041 and 265.0042 to read as
311	311	follows:
312	312	Sec. 265.0041. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND
313	313	EARLY INTERVENTION SERVICES. (a) The department shall use
314	314	existing risk terrain modeling systems, predictive analytics, or
315	315	geographic risk assessments to:
316	316	(1) identify geographic areas that have high risk
317	317	indicators of child maltreatment and child fatalities resulting
318	318	from abuse or neglect; and
319	319	(2) target the implementation and use of prevention
320	320	and early intervention services to those geographic areas.
321	321	(b) The department may not use data gathered under this
322	322	section to identify a specific family or individual.
323	323	Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
324	324	EDUCATION. (a) The Health and Human Services Commission, on behalf
325	325	of the department, shall enter into agreements with institutions of
326	326	higher education to conduct efficacy reviews of any prevention and
327	327	early intervention programs that have not previously been evaluated
328	328	for effectiveness through a scientific research evaluation
329	329	process.
330	330	(b) The department shall collaborate with an institution of
331	331	higher education to create and track indicators of child well-being
332	332	to determine the effectiveness of prevention and early intervention
333	333	services.
334	334	SECTION 1.06. If before implementing any provision of this
335	335	article a state agency determines that a waiver or authorization
336	336	from a federal agency is necessary for implementation of that
337	337	provision, the agency affected by the provision shall request the
338	338	waiver or authorization and may delay implementing that provision
339	339	until the waiver or authorization is granted.
340	340	SECTION 1.07. (a) Except as otherwise provided by this
341	341	section, this article takes effect September 1, 2017.
342	342	(b) Section 1.03 of this article takes effect immediately if
343	343	this Act receives a vote of two-thirds of all the members elected to
344	344	each house, as provided by Section 39, Article III, Texas
345	345	Constitution. If this Act does not receive the vote necessary for
346	346	Section 1.03 to have immediate effect, that section takes effect
347	347	September 1, 2017.
348	348	ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION
349	349	SECTION 2.01. (a) This section applies to the Texas
350	350	Education Agency, the Texas School for the Blind and Visually
351	351	Impaired, the Texas School for the Deaf, and the Teacher Retirement
352	352	System of Texas.
353	353	(b) Notwithstanding any other statute of this state, each
354	354	entity to which this section applies is authorized to reduce or
355	355	recover expenditures by:
356	356	(1) consolidating any reports or publications the
357	357	entity is required to make and filing or delivering any of those
358	358	reports or publications exclusively by electronic means;
359	359	(2) extending the effective period of any license,
360	360	permit, or registration the entity grants or administers;
361	361	(3) entering into a contract with another governmental
362	362	entity or with a private vendor to carry out any of the entity's
363	363	duties;
364	364	(4) modifying the services provided to and the
365	365	eligibility requirements, including the procedures to determine
366	366	eligibility, for persons who receive benefits under any federal or
367	367	state law the entity administers to ensure that those benefits are
368	368	received by the most deserving persons consistent with the purposes
369	369	for which the benefits are provided;
370	370	(5) providing that any communication between the
371	371	entity and another person and any document required to be delivered
372	372	to or by the entity, including any application, notice, billing
373	373	statement, receipt, or certificate, may be made or delivered by
374	374	e-mail or through the Internet; and
375	375	(6) adopting and collecting fees or charges to cover
376	376	any costs the entity incurs in performing its lawful functions.
377	377	SECTION 2.02. An employee of an entity described by Section
378	378	1.01 of this Act is not entitled to an amount from the state for
379	379	expenses, including office expenses or reimbursement of office
380	380	expenses, per diem, travel, or a salary or salary supplement that
381	381	exceeds the amount authorized for those purposes by the General
382	382	Appropriations Act.
383	383	SECTION 2.03. Section 21.4021(a), Education Code, is
384	384	amended to read as follows:
385	385	(a) Notwithstanding Section 21.401 and subject to Section
386	386	21.4022, the board of trustees of a school district may, in
387	387	accordance with district policy, implement a furlough program and
388	388	reduce the number of days of service otherwise required under
389	389	Section 21.401 by not more than seven [six] days of service during a
390	390	school year if the commissioner certifies in accordance with
391	391	Section 42.009 that the district will be provided with less state
392	392	and local funding for that year than was provided to the district
393	393	for the 2016-2017 [2010-2011] school year.
394	394	SECTION 2.04. Section 25.112(a), Education Code, is amended
395	395	to read as follows:
396	396	(a) Except as otherwise authorized by this section, a school
397	397	district may not enroll more than a district-wide average of 23
398	398	[22] students in [a] kindergarten, first, second, third, and [or]
399	399	fourth grade classes [class]. That limitation does not apply
400	400	during:
401	401	(1) any 12-week period of the school year selected by
402	402	the district, in the case of a district whose average daily
403	403	attendance is adjusted under Section 42.005(c); or
404	404	(2) the last 12 weeks of any school year in the case of
405	405	any other district.
406	406	SECTION 2.05. Section 42.009, Education Code, is amended to
407	407	read as follows:
408	408	Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not
409	409	later than July 1 of each year, the commissioner shall determine for
410	410	each school district whether the estimated amount of state and
411	411	local funding per student in weighted average daily attendance to
412	412	be provided to the district under the Foundation School Program for
413	413	maintenance and operations for the following school year is less
414	414	than the amount provided to the district for the 2016-2017
415	415	[2010-2011] school year. If the amount estimated to be provided is
416	416	less, the commissioner shall certify the percentage decrease in
417	417	funding to be provided to the district.
418	418	(b) In making the determinations regarding funding levels
419	419	required by Subsection (a), the commissioner shall:
420	420	(1) make adjustments as necessary to reflect changes
421	421	in a school district's maintenance and operations tax rate;
422	422	(2) for a district required to take action under
423	423	Chapter 41 to reduce its wealth per student to the equalized wealth
424	424	level, base the determinations on the district's net funding levels
425	425	after deducting any amounts required to be expended by the district
426	426	to comply with Chapter 41; and
427	427	(3) determine a district's weighted average daily
428	428	attendance in accordance with this chapter as it existed on January
429	429	1, 2017 [2011].
430	430	SECTION 2.06. Section 825.404(b), Government Code, is
431	431	amended to read as follows:
432	432	(b) Before November 15 [2] of each even-numbered year, the
433	433	board of trustees, in coordination with the Legislative Budget
434	434	Board, shall certify to the comptroller of public accounts for
435	435	review and adoption an estimate of the amount necessary to pay the
436	436	state's contributions to the retirement system for the following
437	437	biennium. For qualifying employees under Subsection (a-1)(1), the
438	438	board of trustees shall include only the amount payable by the state
439	439	under Subsection (a-1)(1) in determining the amount to be
440	440	certified.
441	441	SECTION 2.07. Section 1575.202(a), Insurance Code, is
442	442	amended to read as follows:
443	443	(a) Each state fiscal year, the state shall contribute to
444	444	the fund an amount equal to 0.98 [one] percent of the salary of each
445	445	active employee.
446	446	SECTION 2.08. (a) Section 28.053(i), Education Code, is
447	447	amended to read as follows:
448	448	(i) The commissioner shall analyze and adjust, as needed,
449	449	the sum of and number of awards to ensure that the purpose of the
450	450	program is realized and to account for any budgetary constraints.
451	451	(b) This section applies beginning with the 2017-2018
452	452	school year.
453	453	SECTION 2.09. Section 21.402(c-1), Education Code, is
454	454	repealed.
455	455	SECTION 2.10. (a) Sections 2.03, 2.04, and 2.05 of this
456	456	article apply beginning with the 2017-2018 school year.
457	457	(b) Sections 2.06 and 2.07 of this article apply beginning
458	458	with the state fiscal year that begins September 1, 2017.
459	459	ARTICLE 3. MISCELLANEOUS MATTERS
460	460	SECTION 3.01. Subchapter A, Chapter 441, Government Code,
461	461	is amended by adding Section 441.0135 to read as follows:
462	462	Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
463	463	1 of each odd-numbered year, the commission shall submit to the
464	464	governor and the Legislative Budget Board a written report
465	465	regarding all statutorily required reports prepared by and
466	466	submitted to a state agency as defined by Section 441.180. The
467	467	commission may consult with other state agencies in preparing the
468	468	report. A state agency shall cooperate with the commission in
469	469	securing the information necessary for preparing the report. The
470	470	commission shall prescribe the method by which a state agency
471	471	transmits to the commission information necessary to prepare the
472	472	report, and may require the information to be submitted using the
473	473	state electronic Internet portal. The report must include for each
474	474	statutorily required report:
475	475	(1) the title of and the agency preparing the report;
476	476	(2) the statutory authority requiring the report;
477	477	(3) the recipient of the report;
478	478	(4) the deadline for submitting the report;
479	479	(5) a brief description of the report; and
480	480	(6) an assessment from each recipient of the report
481	481	whether the report is necessary.
482	482	(b) The report required by Subsection (a) must:
483	483	(1) be made available to the public; and
484	484	(2) provide indices by preparing agency, title of
485	485	report, and report recipient.
486	486	SECTION 3.02. Section 466.105, Government Code, is amended
487	487	to read as follows:
488	488	Sec. 466.105. APPLICABILITY OF OTHER LAW. [(a) A contract
489	489	for the acquisition or provision of facilities, supplies,
490	490	equipment, materials, or services related to the operation of the
491	491	lottery is not subject to:
492	492	[(1) Chapter 2054 or 2254; or
493	493	[(2) Subtitle D, Title 10.
494	494	[(b)] Notwithstanding the provisions of Title 2, Utilities
495	495	Code, the commission may negotiate rates and execute contracts with
496	496	telecommunications service providers for the interexchange
497	497	services necessary for the operation of the lottery. The
498	498	commission may acquire transmission facilities by lease, purchase,
499	499	or lease-purchase. The acquisition of transmission facilities must
500	500	be done on a competitive bid basis if possible.
501	501	SECTION 3.03. Section 662.005(b), Government Code, is
502	502	amended to read as follows:
503	503	(b) Except as provided by Section 662.010, and
504	504	notwithstanding Section 659.015 or another law, a state employee
505	505	who is a peace officer commissioned by a state officer or state
506	506	agency listed under Article 2.12, Code of Criminal Procedure, or
507	507	who is employed by the Department of Public Safety either to perform
508	508	communications or dispatch services related to traffic law
509	509	enforcement or as a public security officer, as that term is defined
510	510	by Section 1701.001, Occupations Code, or who is employed by the
511	511	Parks and Wildlife Department to perform communications and
512	512	dispatch services to assist law enforcement officers commissioned
513	513	by the Parks and Wildlife Commission in performing law enforcement
514	514	duties, or who is an employee of the Department of Family and
515	515	Protective Services, and who is required to work on a national or
516	516	state holiday that falls on a Saturday or Sunday is entitled to
517	517	compensatory time off at the rate of one hour for each hour worked
518	518	on the holiday.
519	519	SECTION 3.04. Subchapter A, Chapter 2176, Government Code,
520	520	is amended by adding Section 2176.007 to read as follows:
521	521	Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
522	522	The comptroller shall conduct a study on the mail operations of each
523	523	state agency in the executive branch of state government that
524	524	receives an appropriation. The study must identify provisions of
525	525	law relating to the mailing requirements for the agency that impede
526	526	the efficient transmission and receipt of documents by the agency.
527	527	(b) In conducting the study, the comptroller shall
528	528	collaborate with other state agencies to consider the needs or
529	529	concerns specific to those agencies.
530	530	(c) Not later than November 1, 2018, the comptroller shall
531	531	post the findings of the study conducted under this section on the
532	532	comptroller's Internet website.
533	533	(d) This section expires September 1, 2019.
534	534	SECTION 3.05. Section 1951.003(a), Occupations Code, is
535	535	amended to read as follows:
536	536	(a) In this chapter, a person is engaged in the "business of
537	537	structural pest control" if the person performs, offers to perform,
538	538	or advertises for or solicits the person's performance of any of the
539	539	following services [for compensation], including services
540	540	performed as a part of the person's employment:
541	541	(1) identifying infestations or making inspections
542	542	for the purpose of identifying or attempting to identify
543	543	infestations of:
544	544	(A) arthropods, including insects, spiders,
545	545	mites, ticks, and related pests, wood-infesting organisms,
546	546	rodents, weeds, nuisance birds, and any other obnoxious or
547	547	undesirable animals that may infest households, railroad cars,
548	548	ships, docks, trucks, airplanes, or other structures or their
549	549	contents; or
550	550	(B) pests or diseases of trees, shrubs, or other
551	551	plantings in a park or adjacent to a residence, business
552	552	establishment, industrial plant, institutional building, or
553	553	street;
554	554	(2) making oral or written inspection reports,
555	555	recommendations, estimates, or bids with respect to an infestation
556	556	described by Subdivision (1); or
557	557	(3) making contracts, or submitting bids based on an
558	558	inspection for services or performing services designed to prevent,
559	559	control, or eliminate an infestation described by Subdivision (1)
560	560	by the use of insecticides, pesticides, rodenticides, fumigants,
561	561	allied chemicals or substances, or mechanical devices.
562	562	SECTION 3.06. Sections 23.1241(a)(1), (2), (7), and (9),
563	563	Tax Code, are amended to read as follows:
564	564	(1) "Dealer" means a person engaged in the business in
565	565	this state of selling[, leasing, or renting] heavy equipment. The
566	566	term does not include a bank, savings bank, savings and loan
567	567	association, credit union, or other finance company. In addition,
568	568	for purposes of taxation of a person's inventory of heavy equipment
569	569	in a tax year, the term does not include a person who renders the
570	570	person's inventory of heavy equipment for taxation in that tax year
571	571	by filing a rendition statement or property report in accordance
572	572	with Chapter 22.
573	573	(2) "Dealer's heavy equipment inventory" means all
574	574	items of heavy equipment that a dealer holds for sale at retail [,
575	575	lease, or rent] in this state [during a 12-month period].
576	576	(7) "Sales price" means:
577	577	(A) the total amount of money paid or to be paid
578	578	to a dealer for the purchase of an item of heavy equipment; or
579	579	(B) for a purchase pursuant to a lease or rental
580	580	with an option to purchase, the total amount of the lease or rental
581	581	payments paid during the tax year in which the purchase occurs plus
582	582	any final consideration paid or to be paid to the dealer for the
583	583	purchase, excluding interest.
584	584	(9) "Total annual sales" means the total of the[:
585	585	[(A)] sales price for each sale from a dealer's
586	586	heavy equipment inventory in a 12-month period[; and
587	587	[(B) lease and rental payments received for each
588	588	lease or rental of heavy equipment inventory in a 12-month period].
589	589	SECTION 3.07. Section 23.1241, Tax Code, is amended by
590	590	adding Subsection (a-1) and amending Subsection (e) to read as
591	591	follows:
592	592	(a-1) For purposes of this section, an item of heavy
593	593	equipment is not included in a dealer's heavy equipment inventory
594	594	if:
595	595	(1) the item was included in the dealer's heavy
596	596	equipment inventory on January 1 of the preceding tax year and was
597	597	not sold by the dealer in that tax year; and
598	598	(2) for 30 days or more during the preceding tax year
599	599	the item was either leased or rented by the dealer to one or more
600	600	persons or used by any person for its intended purposes not related
601	601	to demonstrating or testing the equipment for sale, lease, or rent.
602	602	(e) A dealer is presumed to be an owner of a dealer's heavy
603	603	equipment inventory on January 1 if, in the 12-month period ending
604	604	on December 31 of the preceding year, the dealer sold[, leased, or
605	605	rented] an item of heavy equipment to a person other than a dealer.
606	606	The presumption is not rebutted by the fact that a dealer has no
607	607	item of heavy equipment physically on hand for sale from the
608	608	dealer's heavy equipment inventory on January 1.
609	609	SECTION 3.08. Sections 23.1242(b), (e), and (f), Tax Code,
610	610	are amended to read as follows:
611	611	(b) Except for an item of heavy equipment sold to a dealer,
612	612	an item of heavy equipment included in a fleet transaction, an item
613	613	of heavy equipment that is the subject of a subsequent sale, or an
614	614	item of heavy equipment that is subject to a lease or rental, an
615	615	owner or a person who has agreed by contract to pay the owner's
616	616	current year property taxes levied against the owner's heavy
617	617	equipment inventory shall assign a unit property tax to each item of
618	618	heavy equipment sold from a dealer's heavy equipment inventory.
619	619	[In the case of a lease or rental, the owner shall assign a unit
620	620	property tax to each item of heavy equipment leased or rented.] The
621	621	unit property tax of each item of heavy equipment is determined by
622	622	multiplying the sales price of the item [or the monthly lease or
623	623	rental payment received for the item, as applicable,] by the unit
624	624	property tax factor. [If the transaction is a lease or rental, the
625	625	owner shall collect the unit property tax from the lessee or renter
626	626	at the time the lessee or renter submits payment for the lease or
627	627	rental. The owner of the equipment shall state the amount of the
628	628	unit property tax assigned as a separate line item on an invoice.]
629	629	On or before the 10th day of each month the owner shall, together
630	630	with the statement filed by the owner as required by this section,
631	631	deposit with the collector an amount equal to the total of unit
632	632	property tax assigned to all items of heavy equipment sold[,
633	633	leased, or rented] from the dealer's heavy equipment inventory in
634	634	the preceding month to which a unit property tax was assigned. The
635	635	money shall be deposited by the collector to the credit of the
636	636	owner's escrow account for prepayment of property taxes as provided
637	637	by this section. An escrow account required by this section is used
638	638	to pay property taxes levied against the dealer's heavy equipment
639	639	inventory, and the owner shall fund the escrow account as provided
640	640	by this subsection.
641	641	(e) The comptroller by rule shall adopt a dealer's heavy
642	642	equipment inventory tax statement form. Each month, a dealer shall
643	643	complete the form regardless of whether an item of heavy equipment
644	644	is sold[, leased, or rented]. A dealer may use no other form for
645	645	that purpose. The statement may include the information the
646	646	comptroller considers appropriate but shall include at least the
647	647	following:
648	648	(1) a description of each item of heavy equipment
649	649	sold, [leased, or rented] including any unique identification or
650	650	serial number affixed to the item by the manufacturer;
651	651	(2) the sales price of [or lease or rental payment
652	652	received for] the item of heavy equipment[, as applicable];
653	653	(3) the unit property tax of the item of heavy
654	654	equipment, if any; and
655	655	(4) the reason no unit property tax is assigned if no
656	656	unit property tax is assigned.
657	657	(f) On or before the 10th day of each month, a dealer shall
658	658	file with the collector the statement covering the sale[, lease, or
659	659	rental] of each item of heavy equipment sold[, leased, or rented] by
660	660	the dealer in the preceding month. On or before the 10th day of a
661	661	month following a month in which a dealer does not sell[, lease, or
662	662	rent] an item of heavy equipment, the dealer must file the statement
663	663	with the collector and indicate that no sales[, leases, or rentals]
664	664	were made in the prior month. A dealer shall file a copy of the
665	665	statement with the chief appraiser and retain documentation
666	666	relating to the disposition of each item of heavy equipment sold
667	667	[and the lease or rental of each item of heavy equipment]. A chief
668	668	appraiser or collector may examine documents held by a dealer as
669	669	provided by this subsection in the same manner, and subject to the
670	670	same conditions, as provided by Section 23.1241(g).
671	671	SECTION 3.09. Section 156.251(d), Tax Code, is amended to
672	672	read as follows:
673	673	(d) An amount equal to the amount of revenue derived from
674	674	the collection of taxes imposed by this chapter at a rate of
675	675	one-half of one percent shall be allocated in the general revenue
676	676	fund to be used for:
677	677	(1) media advertising and other marketing activities
678	678	of the Tourism Division of the Texas Department of Commerce; and
679	679	(2) the seaport preliminary studies grant program
680	680	established under Section 55.0031, Transportation Code. [Section
681	681	403.094(h), Government Code, does not apply to funds described in
682	682	this section. This subsection takes effect October 1, 1994.]
683	683	SECTION 3.10. Section 55.002, Transportation Code, is
684	684	amended by adding Subsection (b-1) to read as follows:
685	685	(b-1) In addition to funding projects under Subsection (a),
686	686	the department by rule shall establish a grant program to fund port
687	687	security, transportation, or facility projects with money from the
688	688	general revenue accounts, bond proceeds if allowed by other law, or
689	689	any other money appropriated by the legislature.
690	690	SECTION 3.11. Chapter 55, Transportation Code, is amended
691	691	by adding Section 55.0031 to read as follows:
692	692	Sec. 55.0031. SEAPORT PRELIMINARY STUDIES GRANT PROGRAM.
693	693	The department by rule shall establish a program to provide grants
694	694	for use in conducting preliminary studies or obtaining permits that
695	695	may be required of the grant recipient to receive additional
696	696	financial assistance for a port security, transportation, or
697	697	facility project.
698	698	SECTION 3.12. Section 201.946(d), Transportation Code, is
699	699	amended to read as follows:
700	700	(d) To the extent money is on deposit in the fund in amounts
701	701	that are in excess of the money required by the proceedings
702	702	authorizing the obligations and credit agreements to be retained on
703	703	deposit, the commission:
704	704	(1) shall use the money to retire, before maturity,
705	705	the portion of the obligations that are callable; and
706	706	(2) may use the money for any purpose for which
707	707	obligations may be issued under this subchapter, other than for
708	708	toll roads.
709	709	SECTION 3.13. Section 23.1241(b-1), Tax Code, is repealed.
710	710	SECTION 3.14. The changes in law made by this article that
711	711	affect ad valorem taxes apply only to ad valorem taxes imposed for a
712	712	tax year beginning on or after January 1, 2018.
713	713	SECTION 3.15. The changes in law made by this article
714	714	relating to the method of delivery or submission of a notice or
715	715	report apply only to a notice or report that is required to be
716	716	delivered or submitted on or after the effective date of this Act.
717	717	A notice or report required to be delivered or submitted before the
718	718	effective date of this Act is governed by the law in effect on the
719	719	date the notice or report was required to be delivered or submitted,
720	720	and the former law is continued in effect for that purpose.
721	721	ARTICLE 4. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE
722	722	SECTION 4.01. Effective September 1, 2017, Sections
723	723	403.095(b), (d), and (f), Government Code, are amended to read as
724	724	follows:
725	725	(b) Notwithstanding any law dedicating or setting aside
726	726	revenue for a particular purpose or entity, dedicated revenues that
727	727	on August 31, 2019 [2017], are estimated to exceed the amount
728	728	appropriated by the General Appropriations Act or other laws
729	729	enacted by the 85th [84th] Legislature are available for general
730	730	governmental purposes and are considered available for the purpose
731	731	of certification under Section 403.121.
732	732	(d) Following certification of the General Appropriations
733	733	Act and other appropriations measures enacted by the 85th [84th]
734	734	Legislature, the comptroller shall reduce each dedicated account as
735	735	directed by the legislature by an amount that may not exceed the
736	736	amount by which estimated revenues and unobligated balances exceed
737	737	appropriations. The reductions may be made in the amounts and at
738	738	the times necessary for cash flow considerations to allow all the
739	739	dedicated accounts to maintain adequate cash balances to transact
740	740	routine business. The legislature may authorize, in the General
741	741	Appropriations Act, the temporary delay of the excess balance
742	742	reduction required under this subsection. This subsection does not
743	743	apply to revenues or balances in:
744	744	(1) funds outside the treasury;
745	745	(2) trust funds, which for purposes of this section
746	746	include funds that may or are required to be used in whole or in part
747	747	for the acquisition, development, construction, or maintenance of
748	748	state and local government infrastructures, recreational
749	749	facilities, or natural resource conservation facilities;
750	750	(3) funds created by the constitution or a court; or
751	751	(4) funds for which separate accounting is required by
752	752	federal law.
753	753	(f) This section expires September 1, 2019 [2017].
754	754	ARTICLE 5. EFFECTIVE DATE
755	755	SECTION 5.01. Except as otherwise provided by this Act,
756	756	this Act takes effect immediately if it receives a vote of
757	757	two-thirds of all the members elected to each house, as provided by
758	758	Section 39, Article III, Texas Constitution. If this Act does not
759	759	receive the vote necessary for immediate effect, this Act takes
760	760	effect on September 1, 2017.