86R859 JCG-D
By: Middleton H.B. No. 4411
A BILL TO BE ENTITLED
AN ACT
relating to the functions of and membership on nonprofit statewide
associations of counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 54.1172(d), Government Code, is amended
to read as follows:
(d) A magistrate appointed under Subsection (a) must
complete every two years at least eight hours of continuing
education conducted by [the Texas Association of Counties,] the
State Bar of Texas[,] or the Texas Justice Court Training Center.
SECTION 2. Section 533.051(c), Health and Safety Code, is
amended to read as follows:
(c) To assist in the development of the plan under
Subsection (a), the department shall establish and meet at least
monthly with an advisory panel composed of the following persons:
(1) one representative designated by the Texas
Department of Criminal Justice;
(2) [one representative designated by the Texas
Association of Counties;
[(3)] two representatives designated by the Texas
Council of Community Centers, including one representative of an
urban local service area and one representative of a rural local
service area;
(3) [(4)] two representatives designated by the
County Judges and Commissioners Association of Texas, including one
representative who is the presiding judge of a court with
jurisdiction over mental health matters;
(4) [(5)] one representative designated by the
Sheriffs' Association of Texas;
(5) [(6)] two representatives designated by the Texas
Municipal League, including one representative who is a municipal
law enforcement official;
(6) [(7)] one representative designated by the Texas
Conference of Urban Counties;
(7) [(8)] two representatives designated by the Texas
Hospital Association, including one representative who is a
physician;
(8) [(9)] one representative designated by the Texas
Catalyst for Empowerment; and
(9) [(10)] four representatives designated by the
department's Council for Advising and Planning for the Prevention
and Treatment of Mental and Substance Use Disorders, including:
(A) the chair of the council;
(B) one representative of the council's members
who is a consumer of or advocate for mental health services;
(C) one representative of the council's members
who is a consumer of or advocate for substance abuse treatment; and
(D) one representative of the council's members
who is a family member of or advocate for persons with mental health
and substance abuse disorders.
SECTION 3. Section 614.002(c)(1), Health and Safety Code,
is amended to read as follows:
(c)(1) The following entities, by September 1 of each
even-numbered year, shall submit to the governor for consideration
a list of five candidates from their respective fields for at-large
membership on the committee:
(A) the Texas District and County Attorneys
Association;
(B) the Texas Criminal Defense Lawyers
Association;
(C) [the Texas Association of Counties;
[(D)] the Texas Medical Association;
(D) [(E)] the Texas Society of Psychiatric
Physicians;
(E) [(F)] the Texas Psychological Association;
(F) [(G)] the Sheriffs' Association of Texas;
(G) [(H)] the court of criminal appeals;
(H) [(I)] the County Judges and Commissioners
Association of Texas; and
(I) [(J)] the Texas Conference of Urban
Counties.
SECTION 4. Section 81.026, Local Government Code, is
amended to read as follows:
Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON BOARDS OF
CERTAIN TRUSTS OR ENTITIES [ASSOCIATIONS AND NONPROFIT
ORGANIZATIONS]. (a) [A county judge or county commissioner may
serve on the governing body of or any committee serving an
association of counties created or operating pursuant to the
provisions of Section 89.002.] A county judge or county
commissioner may serve as a member of any board of trustees or board
of directors or other governing body of any trust or other entity
created pursuant to interlocal contract for the purpose of forming
or administering any governmental pool, self-insurance pool,
insurance pool, or any other fund or joint endeavor created for the
benefit of member counties and political subdivisions.
(b) A [In addition, a] county judge or county commissioner
may serve as a member of the board of directors of any nonprofit
corporation that is created and exists solely for the purpose of
providing administrative or other services to such trust or other
entity.
(c) A county judge or county commissioner, acting as a
member of any such board or committee, may perform any act necessary
or appropriate for the rendition of such service, including the
casting of votes and deliberations concerning and execution of
contracts or claims with or against any county.
(d) A county judge or commissioner may participate in
deliberations concerning and cast any vote on any matter before the
commissioners court affecting the execution of any contract with or
the payment of claims, premiums, dues, or contributions to any such
trust, [association,] nonprofit corporation, or entity or any
related matter.
SECTION 5. Section 114.083(a), Local Government Code, is
amended to read as follows:
(a) The committee consists of the following members:
(1) one county judge or commissioner appointed by the
Texas Conference of Urban Counties;
(2) one county judge or commissioner appointed by the
County Judges and Commissioners Association of Texas;
(3) two county auditors appointed by the Texas
Association of County Auditors;
(4) two county treasurers appointed by the Texas
Association of County Treasurers;
(5) [one county official, other than a county judge,
commissioner, auditor, or treasurer, appointed by the executive
director of the Texas Association of Counties;
[(6)] one county budget officer appointed by the Texas
Conference of Urban Counties;
(6) [(7)] the comptroller or the comptroller's
designee;
(7) [(8)] the executive director of the Texas
Conference of Urban Counties or the executive director's designee;
(8) [(9) the executive director of the Texas
Association of Counties or the executive director's designee;
[(10)] the general counsel of the County Judges and
Commissioners Association of Texas or the general counsel's
designee; and
(9) [(11)] any nonvoting members the other committee
members consider appropriate.
SECTION 6. Section 114.085(a), Local Government Code, is
amended to read as follows:
(a) The comptroller[, the Texas Association of Counties,]
and the Texas Conference of Urban Counties shall provide by
agreement for the staff and other resources necessary for the
operations of the committee.
SECTION 7. Section 118.131(f), Local Government Code, is
amended to read as follows:
(f) On or before October 15 of the year in which the fees are
initially set, the commissioners court shall provide written notice
of the amounts of the fees to the comptroller. If the commissioners
court changes the amount of a fee set under this section, the
commissioners court shall provide to the comptroller, on or before
October 15 of the year in which the amount is changed, a written
notice of the change in the amount of the fee. Before December 15 of
each year, the comptroller shall compile the fee information
provided by counties and send the compilation to:
(1) the commissioners court of each county in this
state;
(2) any statewide association of [counties or of]
officers of counties that requests in writing before December 15 to
be informed; and
(3) the State Bar of Texas.
SECTION 8. Section 89.002, Local Government Code, is
repealed.
SECTION 9. (a) Section 54.1172(d), Government Code, as
amended by this Act, applies only to continuing education hours
completed on or after the effective date of this Act. Continuing
education hours completed before the effective date of this Act are
governed by the law in effect immediately before that date, and the
former law is continued in effect for that purpose.
(b) If a vacancy in the office of the presiding officer of
the county financial data advisory committee is created under
Section 114.083(a), Local Government Code, as amended by this Act,
the vacancy shall be filled for the remainder of the unexpired term
in the manner provided by Section 114.083(b), Local Government
Code.
(c) The repeal of Section 89.002, Local Government Code, by
this Act does not apply to a county's pledge of revenue for
membership dues and fees on a nonprofit state association of
counties made before the effective date of this Act. A county's
pledge of revenue described by this subsection is governed by the
law in effect when the revenue was first pledged, and that law is
continued in effect for that purpose.
SECTION 10. This Act takes effect September 1, 2019.