By: Kolkhorst, et al. S.B. No. 633
(Lambert, Guillen)
A BILL TO BE ENTITLED
AN ACT
relating to an initiative to increase the capacity of local mental
health authorities to provide access to mental health services in
certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 531, Government Code, is
amended by adding Section 531.0221 to read as follows:
Sec. 531.0221. INITIATIVE TO INCREASE MENTAL HEALTH
SERVICES CAPACITY IN RURAL AREAS. (a) In this section, "local
mental health authority group" means a group of local mental health
authorities established under Subsection (b)(2).
(b) Not later than January 1, 2020, the commission, using
existing resources, shall:
(1) identify each local mental health authority that
is located in a county with a population of 250,000 or less or that
the commission determines provides services predominantly in a
county with a population of 250,000 or less;
(2) in a manner that the commission determines will
best achieve the reductions described by Subsection (d), assign the
authorities identified under Subdivision (1) to regional groups of
at least two authorities; and
(3) notify each authority identified under
Subdivision (1):
(A) that the commission has identified the
authority under that subdivision; and
(B) which local mental health authority group the
commission assigned the authority to under Subdivision (2).
(c) The commission, using existing resources, shall develop
a mental health services development plan for each local mental
health authority group that will increase the capacity of the
authorities in the group to provide access to needed services.
(d) In developing a plan under Subsection (c), the
commission shall focus on reducing:
(1) the cost to local governments of providing
services to persons experiencing a mental health crisis;
(2) the transportation of persons served by an
authority in the local mental health authority group to mental
health facilities;
(3) the incarceration of persons with mental illness
in county jails that are located in an area served by an authority
in the local mental health authority group; and
(4) the number of hospital emergency room visits by
persons with mental illness at hospitals located in an area served
by an authority in the local mental health authority group.
(e) In developing a plan under Subsection (c):
(1) the commission shall assess the capacity of the
authorities in the local mental health authority group to provide
access to needed services; and
(2) the commission and the local mental health
authority group shall evaluate:
(A) whether and to what degree increasing the
capacity of the authorities in the local mental health authority
group to provide access to needed services would offset the cost to
state or local governmental entities of:
(i) the transportation of persons for
mental health services to facilities that are not local providers;
(ii) admissions to and inpatient
hospitalizations at state hospitals or other treatment facilities;
(iii) the provision of services by hospital
emergency rooms to persons with mental illness who are served by or
reside in an area served by an authority in the local mental health
authority group; and
(iv) the incarceration in county jails of
persons with mental illness who are served by or reside in an area
served by an authority in the local mental health authority group;
(B) whether available state funds or grant
funding sources could be used to fund the plan; and
(C) what measures would be necessary to ensure
that the plan aligns with the statewide behavioral health strategic
plan and the comprehensive inpatient mental health plan.
(f) In each mental health services development plan
produced under this section, the commission, in collaboration with
the local mental health authority group, shall determine a method
of increasing the capacity of the authorities in the local mental
health authority group to provide access to needed services.
(g) The commission shall compile and evaluate each mental
health services development plan produced under this section and
determine:
(1) the cost-effectiveness of each plan; and
(2) how each plan would improve the delivery of mental
health treatment and care to residents in the service areas of the
authorities in the local mental health authority group.
(h) Not later than December 1, 2020, the commission, using
existing resources, shall produce and publish on its Internet
website a report containing:
(1) the commission's evaluation of each plan under
Subsection (g);
(2) each mental health services development plan
evaluated by the commission under Subsection (g); and
(3) a comprehensive statewide analysis of mental
health services in counties with a population of 250,000 or less,
including recommendations to the legislature for implementing the
plans developed under this section.
(i) The commission and the authorities in each local mental
health authority group may implement a mental health services
development plan evaluated by the commission under this section if
the commission and the local mental health authority group to which
the plan applies identify a method of funding that implementation.
(j) This section expires September 1, 2021.
SECTION 2. The Health and Human Services Commission is
required to implement a provision of this Act only if the
legislature appropriates money specifically for that purpose. If
the legislature does not appropriate money specifically for that
purpose, the Health and Human Services Commission may, but is not
required to, implement a provision of this Act using other
appropriations available for that purpose.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
COMMITTEE AMENDMENT NO. 1
Amend S.B. No. 633 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Chapter 1061, Special District Local Laws
Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. SALES AND USE TAX
Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt,
change the rate of, or abolish a sales and use tax at an election
held in the district.
(b) The district may not adopt a tax under this subchapter
or increase the rate of the tax if as a result of the adoption of the
tax or the tax increase the combined rate of all sales and use taxes
imposed by the district and all other political subdivisions of
this state having territory in the district would exceed two
percent in any location in the district.
Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the
extent that a provision of this subchapter applies, Chapter 323,
Tax Code, applies to a tax authorized by this subchapter in the same
manner as that chapter applies to the tax authorized by that
chapter.
Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district
may impose a tax authorized by this subchapter in increments of
one-eighth of one percent, with a minimum rate of one-eighth of one
percent and a maximum rate of two percent.
(b) The district may increase the rate of a tax authorized
by this subchapter to a maximum of two percent or decrease the rate
of the tax to a minimum of one-eighth of one percent if the change is
approved by a majority of the voters of the district at an election
called for that purpose.
Sec. 1061.304. ELECTION PROCEDURE. An election to adopt,
change the rate of, or abolish a tax authorized by this subchapter
is called by the adoption of an order of the board. The board may
call an election on its own motion and shall call an election if a
number of qualified voters in the district equal to at least five
percent of the number of registered voters in the district
petitions the board to call the election.
Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In
this section, "taxing authority" means any entity authorized to
impose a local sales and use tax.
(b) If the district is included within the boundaries of
another taxing authority and the adoption or increase in the rate of
a tax under this subchapter would result in a combined tax rate by
the district and other political subdivisions of this state of more
than two percent at any location in the district, an election to
approve or increase the rate of the tax has no effect unless:
(1) one or more of the other taxing authorities holds
an election in accordance with the law governing that authority on
the same date as the election under this subchapter to reduce the
tax rate of that authority to a rate that will result in a combined
tax rate by the district and other political subdivisions of not
more than two percent at any location in the district; and
(2) the combined tax rate is reduced to not more than
two percent as a result of that election.
(c) This section does not permit a taxing authority to
impose taxes at differential tax rates within the territory of the
authority.
Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption,
change in the rate of, or abolition of a tax under this subchapter
takes effect on the first day of the first calendar quarter
occurring after the expiration of the first complete calendar
quarter occurring after the date on which the comptroller receives
notice of the results of an election to adopt, change the rate of,
or abolish the tax.
(b) If the comptroller determines that an effective date
provided by Subsection (a) will occur before the comptroller can
reasonably take the action required to begin collecting the tax or
to implement the change in the rate of the tax or the abolition of
the tax, the effective date may be extended by the comptroller until
the first day of the next calendar quarter.
Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax
imposed under this subchapter may be used by the district for any
purpose of the district authorized by law.
SECTION ____. Section 1061.151(b), Special District Local
Laws Code, is amended to read as follows:
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated ad valorem tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year.
SECTION ____. The heading to Subchapter F, Chapter 1061,
Special District Local Laws Code, is amended to read as follows:
SUBCHAPTER F. AD VALOREM TAXES
SECTION ____. Section 26.012(1), Tax Code, is amended to
read as follows:
(1) "Additional sales and use tax" means an additional
sales and use tax imposed by:
(A) a city under Section 321.101(b);
(B) a county under Chapter 323; or
(C) a hospital district, other than a hospital
district:
(i) created on or after September 1, 2001,
that:
(a) [(i)] imposes the sales and use
tax under Subchapter I, Chapter 286, Health and Safety Code; or
(b) [(ii)] imposes the sales and use
tax under Subchapter L, Chapter 285, Health and Safety Code; or
(ii) that imposes the sales and use tax
under Subchapter G, Chapter 1061, Special District Local Laws Code.
Price