Texas 2019 - 86th Regular

Texas Senate Bill SB2150 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Kolkhorst S.B. No. 2150
2		-	(Thierry, Walle, Thompson of Harris)
3	2
4	3
5	4		A BILL TO BE ENTITLED
6	5		AN ACT
7	6		relating to the reporting of certain information on maternal
8	7		mortality to the Department of State Health Services and the
9	8		confidentiality of that information.
10	9		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	10		SECTION 1. Section 34.001, Health and Safety Code, is
12	11		amended by adding Subdivisions (11-a) and (12-a) and amending
13	12		Subdivisions (12) and (14) to read as follows:
14	13		(11-a) "Pregnancy-associated death" means the death
15	14		of a woman by any cause that occurs during or within one year of
16	15		delivery or end of pregnancy, regardless of the outcome or location
17	16		of the pregnancy.
18	17		(12) "Pregnancy-related death" means the death of a
19	18		woman while pregnant or within one year of delivery or end of
20	19		pregnancy, regardless of the outcome, duration, or location [and
21	20		site] of the pregnancy, from any cause related to or aggravated by
22	21		the pregnancy or its management, but not from accidental or
23	22		incidental causes.
24	23		(12-a) "Review committee" means the Maternal Mortality
25	24		and Morbidity Review Committee.
26	25		(14) "Task force" means the review committee [Maternal
27	26		Mortality and Morbidity Task Force].
28	27		SECTION 2. The heading to Section 34.002, Health and Safety
29	28		Code, is amended to read as follows:
30	29		Sec. 34.002. MATERNAL MORTALITY AND MORBIDITY REVIEW
31	30		COMMITTEE; REFERENCE IN LAW [TASK FORCE].
32	31		SECTION 3. Section 34.002, Health and Safety Code, is
33	32		amended by amending Subsections (a) and (e) and adding Subsection
34	33		(a-1) to read as follows:
35	34		(a) The Maternal Mortality and Morbidity Review Committee
36	35		[Task Force] is administered by the department.
37	36		(a-1) Notwithstanding any other law, a reference in this
38	37		chapter or other law to the Maternal Mortality and Morbidity Task
39	38		Force means the Maternal Mortality and Morbidity Review Committee.
40	39		(e) A member of the task force appointed under Subsection
41	40		(b)(1) is not entitled to compensation for service on the task force
42	41		but, subject to Section 34.014(b), may be reimbursed [or
43	42		reimbursement] for travel or other expenses incurred by the member
44	43		while conducting the business of the task force.
45	44		SECTION 4. Section 34.009(a), Health and Safety Code, is
46	45		amended to read as follows:
47	46		(a) Any information pertaining to a pregnancy-associated
48	47		death, a pregnancy-related death, or severe maternal morbidity is
49	48		confidential for purposes of this chapter.
50	49		SECTION 5. Section 34.014, Health and Safety Code, is
51	50		amended to read as follows:
52	51		Sec. 34.014. FUNDING. (a) The department may accept
53	52		gifts and grants from any source to fund the duties of the
54	53		department and the task force under this chapter.
55	54		(b) The department may use only gifts, grants, or federal
56	55		funds to reimburse travel or other expenses incurred by a member of
57	56		the task force in accordance with Section 34.002(e).
58	57		SECTION 6. Section 34.008, Health and Safety Code, is
59	58		amended by adding Subsection (e) to read as follows:
60	59		(e) For purposes of this chapter, a licensed health care
61	60		provider, including a nurse, who is involved in obtaining
62	61		information relevant to a case of pregnancy-associated death,
63	62		pregnancy-related death, or severe maternal morbidity under this
64	63		chapter and who is required under other law to report a violation
65	64		related to the provider's profession is exempt from the requirement
66	65		to report the violation for information obtained under this
67	66		chapter.
68	67		SECTION 7. Section 34.017, Health and Safety Code, is
69	68		amended by adding Subsections (c), (d), and (e) to read as follows:
70	69		(c) The department may allow voluntary and confidential
71	70		reporting to the department of pregnancy-associated deaths and
72	71		pregnancy-related deaths by health care professionals, health care
73	72		facilities, and persons who complete the medical certification for
74	73		a death certificate for deaths reviewed or analyzed by the review
75	74		committee.
76	75		(d) The department shall allow voluntary and confidential
77	76		reporting to the department of pregnancy-associated deaths and
78	77		pregnancy-related deaths by family members of or other appropriate
79	78		individuals associated with a deceased patient. The department
80	79		shall:
81	80		(1) post on the department's Internet website the
82	81		contact information of the person to whom a report may be submitted
83	82		under this subsection; and
84	83		(2) conduct outreach to local health organizations on
85	84		the availability of the review committee to review and analyze the
86	85		deaths.
87	86		(e) Information reported to the department under this
88	87		section is confidential in accordance with Section 34.009.
89	88		SECTION 8. This Act takes effect September 1, 2019.
90		-	COMMITTEE AMENDMENT NO. 1
91		-	Amend S.B. No. 2150 by adding the following appropriately
92		-	numbered SECTIONS to the bill and renumbering subsequent SECTIONS
93		-	of the bill accordingly:
94		-	SECTION ____. Chapter 1061, Special District Local Laws
95		-	Code, is amended by adding Subchapter G to read as follows:
96		-	SUBCHAPTER G. SALES AND USE TAX
97		-	Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt,
98		-	change the rate of, or abolish a sales and use tax at an election
99		-	held in the district.
100		-	(b) The district may not adopt a tax under this subchapter
101		-	or increase the rate of the tax if as a result of the adoption of the
102		-	tax or the tax increase the combined rate of all sales and use taxes
103		-	imposed by the district and all other political subdivisions of
104		-	this state having territory in the district would exceed two
105		-	percent in any location in the district.
106		-	Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the
107		-	extent that a provision of this subchapter applies, Chapter 323,
108		-	Tax Code, applies to a tax authorized by this subchapter in the same
109		-	manner as that chapter applies to the tax authorized by that
110		-	chapter.
111		-	Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district
112		-	may impose a tax authorized by this subchapter in increments of
113		-	one-eighth of one percent, with a minimum rate of one-eighth of one
114		-	percent and a maximum rate of two percent.
115		-	(b) The district may increase the rate of a tax authorized
116		-	by this subchapter to a maximum of two percent or decrease the rate
117		-	of the tax to a minimum of one-eighth of one percent if the change is
118		-	approved by a majority of the voters of the district at an election
119		-	called for that purpose.
120		-	Sec. 1061.304. ELECTION PROCEDURE. An election to adopt,
121		-	change the rate of, or abolish a tax authorized by this subchapter
122		-	is called by the adoption of an order of the board. The board may
123		-	call an election on its own motion and shall call an election if a
124		-	number of qualified voters in the district equal to at least five
125		-	percent of the number of registered voters in the district
126		-	petitions the board to call the election.
127		-	Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In
128		-	this section, "taxing authority" means any entity authorized to
129		-	impose a local sales and use tax.
130		-	(b) If the district is included within the boundaries of
131		-	another taxing authority and the adoption or increase in the rate of
132		-	a tax under this subchapter would result in a combined tax rate by
133		-	the district and other political subdivisions of this state of more
134		-	than two percent at any location in the district, an election to
135		-	approve or increase the rate of the tax has no effect unless:
136		-	(1) one or more of the other taxing authorities holds
137		-	an election in accordance with the law governing that authority on
138		-	the same date as the election under this subchapter to reduce the
139		-	tax rate of that authority to a rate that will result in a combined
140		-	tax rate by the district and other political subdivisions of not
141		-	more than two percent at any location in the district; and
142		-	(2) the combined tax rate is reduced to not more than
143		-	two percent as a result of that election.
144		-	(c) This section does not permit a taxing authority to
145		-	impose taxes at differential tax rates within the territory of the
146		-	authority.
147		-	Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption,
148		-	change in the rate of, or abolition of a tax under this subchapter
149		-	takes effect on the first day of the first calendar quarter
150		-	occurring after the expiration of the first complete calendar
151		-	quarter occurring after the date on which the comptroller receives
152		-	notice of the results of an election to adopt, change the rate of,
153		-	or abolish the tax.
154		-	(b) If the comptroller determines that an effective date
155		-	provided by Subsection (a) will occur before the comptroller can
156		-	reasonably take the action required to begin collecting the tax or
157		-	to implement the change in the rate of the tax or the abolition of
158		-	the tax, the effective date may be extended by the comptroller until
159		-	the first day of the next calendar quarter.
160		-	Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax
161		-	imposed under this subchapter may be used by the district for any
162		-	purpose of the district authorized by law.
163		-	SECTION ____. Section 1061.151(b), Special District Local
164		-	Laws Code, is amended to read as follows:
165		-	(b) The proposed budget must contain a complete financial
166		-	statement of:
167		-	(1) the outstanding obligations of the district;
168		-	(2) the cash on hand in each district fund;
169		-	(3) the money received by the district from all
170		-	sources during the previous year;
171		-	(4) the money available to the district from all
172		-	sources during the ensuing year;
173		-	(5) the balances expected at the end of the year in
174		-	which the budget is being prepared;
175		-	(6) the estimated revenue and balances available to
176		-	cover the proposed budget;
177		-	(7) the estimated ad valorem tax rate required; and
178		-	(8) the proposed expenditures and disbursements and
179		-	the estimated receipts and collections for the following fiscal
180		-	year.
181		-	SECTION ____. The heading to Subchapter F, Chapter 1061,
182		-	Special District Local Laws Code, is amended to read as follows:
183		-	SUBCHAPTER F. AD VALOREM TAXES
184		-	SECTION ____. Section 26.012(1), Tax Code, is amended to
185		-	read as follows:
186		-	(1) "Additional sales and use tax" means an additional
187		-	sales and use tax imposed by:
188		-	(A) a city under Section 321.101(b);
189		-	(B) a county under Chapter 323; or
190		-	(C) a hospital district, other than a hospital
191		-	district:
192		-	(i) created on or after September 1, 2001,
193		-	that:
194		-	(a) [(i)] imposes the sales and use
195		-	tax under Subchapter I, Chapter 286, Health and Safety Code; or
196		-	(b) [(ii)] imposes the sales and use
197		-	tax under Subchapter L, Chapter 285, Health and Safety Code; or
198		-	(ii) that imposes the sales and use tax
199		-	under Subchapter G, Chapter 1061, Special District Local Laws Code.
200		-	Price