Texas 2019 - 86th Regular

Texas Senate Bill SB633 Compare Versions

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Old	New		Differences
1		-	S.B. No. 633
	1	+	By: Kolkhorst, et al. S.B. No. 633
	2	+	(Lambert, Guillen)
2	3
3	4
	5	+	A BILL TO BE ENTITLED
4	6		AN ACT
5	7		relating to an initiative to increase the capacity of local mental
6	8		health authorities to provide access to mental health services in
7	9		certain counties.
8	10		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	11		SECTION 1. Subchapter B, Chapter 531, Government Code, is
10	12		amended by adding Section 531.0221 to read as follows:
11	13		Sec. 531.0221. INITIATIVE TO INCREASE MENTAL HEALTH
12	14		SERVICES CAPACITY IN RURAL AREAS. (a) In this section, "local
13	15		mental health authority group" means a group of local mental health
14	16		authorities established under Subsection (b)(2).
15	17		(b) Not later than January 1, 2020, the commission, using
16	18		existing resources, shall:
17	19		(1) identify each local mental health authority that
18	20		is located in a county with a population of 250,000 or less or that
19	21		the commission determines provides services predominantly in a
20	22		county with a population of 250,000 or less;
21	23		(2) in a manner that the commission determines will
22	24		best achieve the reductions described by Subsection (d), assign the
23	25		authorities identified under Subdivision (1) to regional groups of
24	26		at least two authorities; and
25	27		(3) notify each authority identified under
26	28		Subdivision (1):
27	29		(A) that the commission has identified the
28	30		authority under that subdivision; and
29	31		(B) which local mental health authority group the
30	32		commission assigned the authority to under Subdivision (2).
31	33		(c) The commission, using existing resources, shall develop
32	34		a mental health services development plan for each local mental
33	35		health authority group that will increase the capacity of the
34	36		authorities in the group to provide access to needed services.
35	37		(d) In developing a plan under Subsection (c), the
36	38		commission shall focus on reducing:
37	39		(1) the cost to local governments of providing
38	40		services to persons experiencing a mental health crisis;
39	41		(2) the transportation of persons served by an
40	42		authority in the local mental health authority group to mental
41	43		health facilities;
42	44		(3) the incarceration of persons with mental illness
43	45		in county jails that are located in an area served by an authority
44	46		in the local mental health authority group; and
45	47		(4) the number of hospital emergency room visits by
46	48		persons with mental illness at hospitals located in an area served
47	49		by an authority in the local mental health authority group.
48	50		(e) In developing a plan under Subsection (c):
49	51		(1) the commission shall assess the capacity of the
50	52		authorities in the local mental health authority group to provide
51	53		access to needed services; and
52	54		(2) the commission and the local mental health
53	55		authority group shall evaluate:
54	56		(A) whether and to what degree increasing the
55	57		capacity of the authorities in the local mental health authority
56	58		group to provide access to needed services would offset the cost to
57	59		state or local governmental entities of:
58	60		(i) the transportation of persons for
59	61		mental health services to facilities that are not local providers;
60	62		(ii) admissions to and inpatient
61	63		hospitalizations at state hospitals or other treatment facilities;
62	64		(iii) the provision of services by hospital
63	65		emergency rooms to persons with mental illness who are served by or
64	66		reside in an area served by an authority in the local mental health
65	67		authority group; and
66	68		(iv) the incarceration in county jails of
67	69		persons with mental illness who are served by or reside in an area
68	70		served by an authority in the local mental health authority group;
69	71		(B) whether available state funds or grant
70	72		funding sources could be used to fund the plan; and
71	73		(C) what measures would be necessary to ensure
72	74		that the plan aligns with the statewide behavioral health strategic
73	75		plan and the comprehensive inpatient mental health plan.
74	76		(f) In each mental health services development plan
75	77		produced under this section, the commission, in collaboration with
76	78		the local mental health authority group, shall determine a method
77	79		of increasing the capacity of the authorities in the local mental
78	80		health authority group to provide access to needed services.
79	81		(g) The commission shall compile and evaluate each mental
80	82		health services development plan produced under this section and
81	83		determine:
82	84		(1) the cost-effectiveness of each plan; and
83	85		(2) how each plan would improve the delivery of mental
84	86		health treatment and care to residents in the service areas of the
85	87		authorities in the local mental health authority group.
86	88		(h) Not later than December 1, 2020, the commission, using
87	89		existing resources, shall produce and publish on its Internet
88	90		website a report containing:
89	91		(1) the commission's evaluation of each plan under
90	92		Subsection (g);
91	93		(2) each mental health services development plan
92	94		evaluated by the commission under Subsection (g); and
93	95		(3) a comprehensive statewide analysis of mental
94	96		health services in counties with a population of 250,000 or less,
95	97		including recommendations to the legislature for implementing the
96	98		plans developed under this section.
97	99		(i) The commission and the authorities in each local mental
98	100		health authority group may implement a mental health services
99	101		development plan evaluated by the commission under this section if
100	102		the commission and the local mental health authority group to which
101	103		the plan applies identify a method of funding that implementation.
102	104		(j) This section expires September 1, 2021.
103	105		SECTION 2. The Health and Human Services Commission is
104	106		required to implement a provision of this Act only if the
105	107		legislature appropriates money specifically for that purpose. If
106	108		the legislature does not appropriate money specifically for that
107	109		purpose, the Health and Human Services Commission may, but is not
108	110		required to, implement a provision of this Act using other
109	111		appropriations available for that purpose.
110	112		SECTION 3. This Act takes effect immediately if it receives
111	113		a vote of two-thirds of all the members elected to each house, as
112	114		provided by Section 39, Article III, Texas Constitution. If this
113	115		Act does not receive the vote necessary for immediate effect, this
114	116		Act takes effect September 1, 2019.
115		-	______________________________ ______________________________
116		-	President of the Senate Speaker of the House
117		-	I hereby certify that S.B. No. 633 passed the Senate on
118		-	April 10, 2019, by the following vote: Yeas 30, Nays 0.
119		-	______________________________
120		-	Secretary of the Senate
121		-	I hereby certify that S.B. No. 633 passed the House on
122		-	May 21, 2019, by the following vote: Yeas 141, Nays 6, one
123		-	present not voting.
124		-	______________________________
125		-	Chief Clerk of the House
126		-	Approved:
127		-	______________________________
128		-	Date
129		-	______________________________
130		-	Governor
	117	+	COMMITTEE AMENDMENT NO. 1
	118	+	Amend S.B. No. 633 by adding the following appropriately
	119	+	numbered SECTIONS to the bill and renumbering subsequent SECTIONS
	120	+	of the bill accordingly:
	121	+	SECTION ____. Chapter 1061, Special District Local Laws
	122	+	Code, is amended by adding Subchapter G to read as follows:
	123	+	SUBCHAPTER G. SALES AND USE TAX
	124	+	Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt,
	125	+	change the rate of, or abolish a sales and use tax at an election
	126	+	held in the district.
	127	+	(b) The district may not adopt a tax under this subchapter
	128	+	or increase the rate of the tax if as a result of the adoption of the
	129	+	tax or the tax increase the combined rate of all sales and use taxes
	130	+	imposed by the district and all other political subdivisions of
	131	+	this state having territory in the district would exceed two
	132	+	percent in any location in the district.
	133	+	Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the
	134	+	extent that a provision of this subchapter applies, Chapter 323,
	135	+	Tax Code, applies to a tax authorized by this subchapter in the same
	136	+	manner as that chapter applies to the tax authorized by that
	137	+	chapter.
	138	+	Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district
	139	+	may impose a tax authorized by this subchapter in increments of
	140	+	one-eighth of one percent, with a minimum rate of one-eighth of one
	141	+	percent and a maximum rate of two percent.
	142	+	(b) The district may increase the rate of a tax authorized
	143	+	by this subchapter to a maximum of two percent or decrease the rate
	144	+	of the tax to a minimum of one-eighth of one percent if the change is
	145	+	approved by a majority of the voters of the district at an election
	146	+	called for that purpose.
	147	+	Sec. 1061.304. ELECTION PROCEDURE. An election to adopt,
	148	+	change the rate of, or abolish a tax authorized by this subchapter
	149	+	is called by the adoption of an order of the board. The board may
	150	+	call an election on its own motion and shall call an election if a
	151	+	number of qualified voters in the district equal to at least five
	152	+	percent of the number of registered voters in the district
	153	+	petitions the board to call the election.
	154	+	Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In
	155	+	this section, "taxing authority" means any entity authorized to
	156	+	impose a local sales and use tax.
	157	+	(b) If the district is included within the boundaries of
	158	+	another taxing authority and the adoption or increase in the rate of
	159	+	a tax under this subchapter would result in a combined tax rate by
	160	+	the district and other political subdivisions of this state of more
	161	+	than two percent at any location in the district, an election to
	162	+	approve or increase the rate of the tax has no effect unless:
	163	+	(1) one or more of the other taxing authorities holds
	164	+	an election in accordance with the law governing that authority on
	165	+	the same date as the election under this subchapter to reduce the
	166	+	tax rate of that authority to a rate that will result in a combined
	167	+	tax rate by the district and other political subdivisions of not
	168	+	more than two percent at any location in the district; and
	169	+	(2) the combined tax rate is reduced to not more than
	170	+	two percent as a result of that election.
	171	+	(c) This section does not permit a taxing authority to
	172	+	impose taxes at differential tax rates within the territory of the
	173	+	authority.
	174	+	Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption,
	175	+	change in the rate of, or abolition of a tax under this subchapter
	176	+	takes effect on the first day of the first calendar quarter
	177	+	occurring after the expiration of the first complete calendar
	178	+	quarter occurring after the date on which the comptroller receives
	179	+	notice of the results of an election to adopt, change the rate of,
	180	+	or abolish the tax.
	181	+	(b) If the comptroller determines that an effective date
	182	+	provided by Subsection (a) will occur before the comptroller can
	183	+	reasonably take the action required to begin collecting the tax or
	184	+	to implement the change in the rate of the tax or the abolition of
	185	+	the tax, the effective date may be extended by the comptroller until
	186	+	the first day of the next calendar quarter.
	187	+	Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax
	188	+	imposed under this subchapter may be used by the district for any
	189	+	purpose of the district authorized by law.
	190	+	SECTION ____. Section 1061.151(b), Special District Local
	191	+	Laws Code, is amended to read as follows:
	192	+	(b) The proposed budget must contain a complete financial
	193	+	statement of:
	194	+	(1) the outstanding obligations of the district;
	195	+	(2) the cash on hand in each district fund;
	196	+	(3) the money received by the district from all
	197	+	sources during the previous year;
	198	+	(4) the money available to the district from all
	199	+	sources during the ensuing year;
	200	+	(5) the balances expected at the end of the year in
	201	+	which the budget is being prepared;
	202	+	(6) the estimated revenue and balances available to
	203	+	cover the proposed budget;
	204	+	(7) the estimated ad valorem tax rate required; and
	205	+	(8) the proposed expenditures and disbursements and
	206	+	the estimated receipts and collections for the following fiscal
	207	+	year.
	208	+	SECTION ____. The heading to Subchapter F, Chapter 1061,
	209	+	Special District Local Laws Code, is amended to read as follows:
	210	+	SUBCHAPTER F. AD VALOREM TAXES
	211	+	SECTION ____. Section 26.012(1), Tax Code, is amended to
	212	+	read as follows:
	213	+	(1) "Additional sales and use tax" means an additional
	214	+	sales and use tax imposed by:
	215	+	(A) a city under Section 321.101(b);
	216	+	(B) a county under Chapter 323; or
	217	+	(C) a hospital district, other than a hospital
	218	+	district:
	219	+	(i) created on or after September 1, 2001,
	220	+	that:
	221	+	(a) [(i)] imposes the sales and use
	222	+	tax under Subchapter I, Chapter 286, Health and Safety Code; or
	223	+	(b) [(ii)] imposes the sales and use
	224	+	tax under Subchapter L, Chapter 285, Health and Safety Code; or
	225	+	(ii) that imposes the sales and use tax
	226	+	under Subchapter G, Chapter 1061, Special District Local Laws Code.
	227	+	Price