Texas 2019 - 86th Regular

Texas Senate Bill SB750 Compare Versions

OldNewDifferences
1-S.B. No. 750
1+By: Kolkhorst, et al. S.B. No. 750
2+ (Button)
23
34
5+ A BILL TO BE ENTITLED
46 AN ACT
57 relating to maternal and newborn health care and the quality of
68 services provided to women in this state under certain health care
79 programs.
810 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
911 SECTION 1. Subchapter B, Chapter 531, Government Code, is
1012 amended by adding Section 531.0738 to read as follows:
1113 Sec. 531.0738. APPLICATION FOR FUNDING TO IMPLEMENT MODEL
1214 OF CARE FOR CERTAIN MEDICAID RECIPIENTS. (a) The commission shall
1315 apply to the Centers for Medicare and Medicaid Services to receive
1416 any federal money available to implement a model of care that
1517 improves the quality and accessibility of care for:
1618 (1) pregnant women with opioid use disorder enrolled
1719 in Medicaid during the prenatal and postpartum periods; and
1820 (2) their children after birth.
1921 (b) This section expires September 1, 2021.
2022 SECTION 2. Chapter 31, Health and Safety Code, is amended by
2123 adding Section 31.018 to read as follows:
2224 Sec. 31.018. REFERRAL FROM HEALTHY TEXAS WOMEN PROGRAM TO
2325 PRIMARY HEALTH CARE SERVICES PROGRAM. (a) In this section,
2426 "Healthy Texas Women program" means a program operated by the
2527 commission that is substantially similar to the demonstration
2628 project operated under former Section 32.0248, Human Resources
2729 Code, and that is intended to expand access to preventive health and
2830 family planning services for women in this state.
2931 (b) The executive commissioner by rule shall ensure that
3032 women receiving services under the Healthy Texas Women program are
3133 referred to and provided with information on the primary health
3234 care services program.
3335 SECTION 3. Chapter 32, Health and Safety Code, is amended by
3436 adding Subchapters E and F to read as follows:
3537 SUBCHAPTER E. ENHANCED PRENATAL AND POSTPARTUM CARE SERVICES
3638 Sec. 32.101. ENHANCED PRENATAL SERVICES FOR CERTAIN WOMEN.
3739 The commission, in collaboration with managed care organizations
3840 that contract with the commission to provide health care services
3941 to medical assistance recipients under Chapter 533, Government
4042 Code, shall develop and implement cost-effective, evidence-based,
4143 and enhanced prenatal services for high-risk pregnant women covered
4244 under the medical assistance program.
4345 Sec. 32.102. EVALUATION AND ENHANCEMENT OF POSTPARTUM CARE
4446 SERVICES FOR CERTAIN WOMEN. (a) In this section, "Healthy Texas
4547 Women program" means a program operated by the commission that is
4648 substantially similar to the demonstration project operated under
4749 former Section 32.0248, Human Resources Code, and that is intended
4850 to expand access to preventive health and family planning services
4951 for women in this state.
5052 (b) The commission shall evaluate postpartum care services
5153 provided to women enrolled in the Healthy Texas Women program after
5254 the first 60 days of the postpartum period.
5355 (c) Based on the commission's evaluation under Subsection
5456 (b), the commission shall develop an enhanced, cost-effective, and
5557 limited postpartum care services package for women enrolled in the
5658 Healthy Texas Women program to be provided:
5759 (1) after the first 60 days of the postpartum period;
5860 and
5961 (2) for a period of not more than 12 months after the
6062 date of enrollment in the Healthy Texas Women program.
6163 SUBCHAPTER F. DELIVERY AND IMPROVEMENT OF MATERNAL HEALTH CARE
6264 SERVICES INVOLVING MANAGED CARE ORGANIZATIONS
6365 Sec. 32.151. DEFINITIONS. In this subchapter:
64- (1) "High-risk population" means the population of
65- women most disproportionately affected by maternal morbidity and
66- maternal mortality, as determined in the joint biennial report
67- required under Section 34.015 including minority women.
68- (2) "Healthy Texas Women program" means a program
66+ (1) "Healthy Texas Women program" means a program
6967 operated by the commission that is substantially similar to the
7068 demonstration project operated under former Section 32.0248, Human
7169 Resources Code, and that is intended to expand access to preventive
7270 health and family planning services for women in this state.
73- (3) "Medicaid managed care organization" means a
71+ (2) "Medicaid managed care organization" means a
7472 managed care organization as defined by Section 533.001, Government
7573 Code, that contracts with the commission under Chapter 533,
7674 Government Code, to provide health care services to medical
7775 assistance program recipients.
7876 Sec. 32.152. ASSESSING PROVISION OF HEALTHY TEXAS WOMEN
7977 PROGRAM SERVICES THROUGH MANAGED CARE. (a) The commission shall
8078 assess:
8179 (1) the feasibility and cost-effectiveness of
8280 contracting with Medicaid managed care organizations to provide
8381 Healthy Texas Women program services through managed care in one or
8482 more health care service regions in this state if the Healthy Texas
8583 Women Section 1115 Demonstration Waiver is approved; and
8684 (2) the potential impact of that delivery model on
8785 women receiving services under the program.
8886 (b) This section expires September 1, 2021.
8987 Sec. 32.153. CONTINUITY OF CARE FOR CERTAIN WOMEN ENROLLING
9088 IN HEALTHY TEXAS WOMEN PROGRAM. The commission shall develop and
9189 implement strategies to ensure the continuity of care for women who
9290 transition from the medical assistance program and enroll in the
9391 Healthy Texas Women program. In developing and implementing
9492 strategies under this section, the commission may collaborate with
9593 health care providers participating in the Healthy Texas Women
9694 program and Medicaid managed care organizations that provide health
9795 care services to pregnant women.
9896 Sec. 32.154. POSTPARTUM DEPRESSION TREATMENT NETWORK.
9997 Using money from an available source designated by the commission,
10098 the commission, in collaboration with Medicaid managed care
10199 organizations and health care providers participating in the
102100 Healthy Texas Women program, shall develop and implement a
103101 postpartum depression treatment network for women enrolled in the
104102 medical assistance or Healthy Texas Women program.
105103 Sec. 32.155. STATEWIDE INITIATIVES TO IMPROVE QUALITY OF
106104 MATERNAL HEALTH CARE. (a) In this section, "social determinants
107105 of health" means the environmental conditions in which an
108106 individual lives that affect the individual's health and quality of
109107 life.
110108 (b) The commission shall develop or enhance statewide
111109 initiatives to improve the quality of maternal health care services
112110 and outcomes for women in this state. The commission shall specify
113111 the initiatives that each managed care organization that contracts
114112 with the commission to provide health care services in this state
115113 must incorporate in the organization's managed care plans. The
116114 initiatives may address:
117115 (1) prenatal and postpartum care rates;
118116 (2) maternal health disparities that exist for
119117 minority women and other high-risk populations of women in this
120118 state;
121119 (3) social determinants of health; or
122120 (4) other priorities specified by the commission.
123121 (c) A managed care organization required to incorporate the
124122 initiatives in the organization's managed care plans under
125123 Subsection (b) may incorporate any additional initiatives to
126124 improve the quality of maternal health care services for women
127125 receiving health care services through the organization.
128126 (d) The commission shall prepare and submit to the
129127 legislature and make available to the public an annual report that
130128 summarizes:
131129 (1) the commission's progress in developing or
132130 enhancing initiatives under this section; and
133131 (2) each managed care organization's progress in
134132 incorporating the required initiatives in the organization's
135133 managed care plans.
136134 (e) The commission may submit the report required under
137135 Subsection (d) with the report required under Section 536.008,
138136 Government Code.
139137 SECTION 4. The heading to Chapter 34, Health and Safety
140138 Code, is amended to read as follows:
141139 CHAPTER 34. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW
142140 COMMITTEE [TASK FORCE]
143141 SECTION 5. Section 34.001, Health and Safety Code, is
144142 amended by adding Subdivision (12-a) to read as follows:
145143 (12-a) "Review committee" means the Texas Maternal
146144 Mortality and Morbidity Review Committee.
147145 SECTION 6. Sections 34.002, 34.003, 34.004, and 34.005,
148146 Health and Safety Code, are amended to read as follows:
149147 Sec. 34.002. TEXAS MATERNAL MORTALITY AND MORBIDITY REVIEW
150148 COMMITTEE [TASK FORCE]. (a) The Texas Maternal Mortality and
151149 Morbidity Review Committee [Task Force] is administered by the
152150 department.
153151 (b) The review committee [task force] is a
154152 multidisciplinary advisory committee within the department and is
155153 composed of the following 17 members:
156154 (1) 15 members appointed by the commissioner as
157155 follows:
158156 (A) four physicians specializing in obstetrics,
159157 at least one of whom is a maternal fetal medicine specialist;
160158 (B) one certified nurse-midwife;
161159 (C) one registered nurse;
162160 (D) one nurse specializing in labor and delivery;
163161 (E) one physician specializing in family
164162 practice;
165163 (F) one physician specializing in psychiatry;
166164 (G) one physician specializing in pathology;
167165 (H) one epidemiologist, biostatistician, or
168166 researcher of pregnancy-related deaths;
169167 (I) one social worker or social service provider;
170168 (J) one community advocate in a relevant field;
171169 (K) one medical examiner or coroner responsible
172170 for recording deaths; and
173171 (L) one physician specializing in critical care;
174172 (2) a representative of the department's family and
175173 community health programs; and
176174 (3) the state epidemiologist for the department or the
177175 epidemiologist's designee.
178176 (c) In appointing members to the review committee [task
179177 force], the commissioner shall:
180178 (1) include members:
181179 (A) working in and representing communities that
182180 are diverse with regard to race, ethnicity, immigration status, and
183181 English proficiency; and
184182 (B) from differing geographic regions in the
185183 state, including both rural and urban areas;
186184 (2) endeavor to include members who are working in and
187185 representing communities that are affected by pregnancy-related
188186 deaths and severe maternal morbidity and by a lack of access to
189187 relevant perinatal and intrapartum care services; and
190188 (3) ensure that the composition of the review
191189 committee [task force] reflects the racial, ethnic, and linguistic
192190 diversity of this state.
193191 (d) The commissioner shall appoint from among the review
194192 committee [task force] members a presiding officer.
195193 (e) A member of the review committee [task force] appointed
196194 under Subsection (b)(1) is not entitled to compensation for service
197195 on the review committee [task force] or reimbursement for travel or
198196 other expenses incurred by the member while conducting the business
199197 of the review committee [task force].
200198 (f) In carrying out its duties, the review committee [task
201199 force] may use technology, including teleconferencing or
202200 videoconferencing, to eliminate travel expenses.
203201 Sec. 34.003. TERMS; VACANCY. (a) Review committee [Task
204202 force] members appointed by the commissioner serve staggered
205203 six-year terms, with the terms of four or five members, as
206204 appropriate, expiring February 1 of each odd-numbered year.
207205 (b) A review committee [task force] member may serve more
208206 than one term.
209207 (c) A vacancy on the review committee [task force] shall be
210208 filled for the unexpired term in the same manner as the original
211209 appointment.
212210 Sec. 34.004. MEETINGS. (a) The review committee [task
213211 force] shall meet at least quarterly. The review committee [task
214212 force] may meet at other times at the call of the commissioner.
215213 (b) Meetings of the review committee [task force] are
216214 subject to Chapter 551, Government Code, except that the review
217215 committee [task force] shall conduct a closed meeting to review
218216 cases under Section 34.007.
219217 (c) The review committee [task force] shall:
220218 (1) allow for public comment during at least one
221219 public meeting each year;
222220 (2) present in open session recommendations made under
223221 Section 34.005 to help reduce the incidence of pregnancy-related
224222 deaths and severe maternal morbidity in this state; and
225223 (3) post public notice for meetings conducted for the
226224 sole purpose of reviewing cases for selection under Section 34.007.
227225 Sec. 34.005. DUTIES OF REVIEW COMMITTEE [TASK FORCE]. The
228226 review committee [task force] shall:
229227 (1) study and review:
230228 (A) cases of pregnancy-related deaths;
231229 (B) trends, rates, or disparities in
232230 pregnancy-related deaths and severe maternal morbidity;
233231 (C) health conditions and factors that
234232 disproportionately affect the most at-risk population as
235233 determined in the joint biennial report required under Section
236234 34.015; and
237235 (D) best practices and programs operating in
238236 other states that have reduced rates of pregnancy-related deaths;
239237 (2) compare rates of pregnancy-related deaths based on
240238 the socioeconomic status of the mother;
241239 (3) determine the feasibility of the review committee
242240 [task force] studying cases of severe maternal morbidity; and
243241 (4) in consultation with the Perinatal Advisory
244242 Council, make recommendations to help reduce the incidence of
245243 pregnancy-related deaths and severe maternal morbidity in this
246244 state.
247245 SECTION 7. Section 34.0055(a), Health and Safety Code, is
248246 amended to read as follows:
249247 (a) Using existing resources, the commission, in
250248 consultation with the review committee [task force], shall:
251249 (1) make available to physicians and other persons
252250 licensed or certified to conduct a substance use screening and
253251 domestic violence screening of pregnant women information that
254252 includes:
255253 (A) guidance regarding best practices for
256254 verbally screening a pregnant woman for substance use and verbally
257255 screening a pregnant woman for domestic violence using a validated
258256 screening tool; and
259257 (B) a list of substance use treatment resources
260258 and domestic violence prevention and intervention resources in each
261259 geographic region of this state; and
262260 (2) review and promote the use of educational
263261 materials on the consequences of opioid drug use and on domestic
264262 violence prevention and intervention during pregnancy.
265263 SECTION 8. Section 34.006, Health and Safety Code, is
266264 amended to read as follows:
267265 Sec. 34.006. CONSULTATIONS AND AGREEMENTS WITH OUTSIDE
268266 PARTIES. (a) The department and review committee [task force] may
269267 consult with any relevant experts and stakeholders, including:
270268 (1) anesthesiologists;
271269 (2) intensivists or critical care physicians;
272270 (3) nutritionists;
273271 (4) substance abuse treatment specialists;
274272 (5) hospital staff or employees;
275273 (6) representatives of the state Medicaid program;
276274 (7) paramedics or other emergency medical response
277275 personnel;
278276 (8) hospital-based risk management specialists;
279277 (9) representatives of local health departments and
280278 public health districts in this state;
281279 (10) public health experts;
282280 (11) government representatives or officials; and
283281 (12) law enforcement officials.
284282 (b) In gathering information, the department and review
285283 committee [task force] may consult with representatives of any
286284 relevant state professional associations and organizations,
287285 including:
288286 (1) District XI of the American Congress of
289287 Obstetricians and Gynecologists;
290288 (2) the Texas Association of Obstetricians and
291289 Gynecologists;
292290 (3) the Texas Nurses Association;
293291 (4) the Texas Section of the Association of Women's
294292 Health, Obstetric and Neonatal Nurses;
295293 (5) the Texas Academy of Family Physicians;
296294 (6) the Texas Pediatric Society;
297295 (7) the Consortium of Texas Certified Nurse-Midwives;
298296 (8) the Association of Texas Midwives;
299297 (9) the Texas Hospital Association;
300298 (10) the Texas Medical Association; and
301299 (11) the Texas Public Health Association.
302300 (c) In consulting with individuals or organizations under
303301 Subsection (a) or (b), a member of the review committee [task force]
304302 or employee of the department may not disclose any identifying
305303 information of a patient or health care provider.
306304 (d) The department on behalf of the review committee [task
307305 force] may enter into agreements with institutions of higher
308306 education or other organizations consistent with the duties of the
309307 department or review committee [task force] under this chapter.
310308 SECTION 9. Sections 34.007(a) and (c), Health and Safety
311309 Code, are amended to read as follows:
312310 (a) The department shall determine a statistically
313311 significant number of cases of pregnancy-related deaths for review.
314312 The department shall either randomly select cases or select all
315313 cases for the review committee [task force] to review under this
316314 subsection to reflect a cross-section of pregnancy-related deaths
317315 in this state.
318316 (c) If feasible, the department may select cases of severe
319317 maternal morbidity for review. In selecting cases under this
320318 subsection, the department shall randomly select cases for the
321319 review committee [task force] to review to reflect trends
322320 identified under Subsection (b).
323- SECTION 10. Section 34.008, Health and Safety Code, is
324- amended by amending Subsections (a) and (b) and adding Subsection
325- (c-1) to read as follows:
321+ SECTION 10. Sections 34.008(a) and (b), Health and Safety
322+ Code, are amended to read as follows:
326323 (a) On selecting a case of pregnancy-related death or severe
327324 maternal morbidity for review, the department shall, in accordance
328325 with this section, obtain information relevant to the case to
329326 enable the review committee [task force] to review the case. The
330327 department shall provide the information to the review committee
331328 [task force].
332329 (b) The information provided to the review committee [task
333330 force] may not include identifying information of a patient or
334331 health care provider, including:
335332 (1) the name, address, or date of birth of the patient
336333 or a member of the patient's family; or
337334 (2) the name or specific location of a health care
338335 provider that treated the patient.
339- (c-1) Not later than the 30th business day after receiving a
340- request from the department for records regarding a
341- pregnancy-related death for a specific patient, a hospital,
342- birthing center, or other custodian of the records shall submit the
343- records to the department. A request made under this subsection to
344- a hospital or birthing center must be limited to a patient's medical
345- records.
346336 SECTION 11. Section 34.009, Health and Safety Code, is
347337 amended by amending Subsections (b), (c), (d), (e), and (h) and
348338 adding Subsection (b-1) to read as follows:
349339 (b) Except as provided by Subsection (b-1), confidential
350340 [Confidential] information that is acquired by the department and
351341 that includes identifying information of an individual or health
352342 care provider is privileged and may not be disclosed to any person.
353343 Information that may not be disclosed under this subsection
354344 includes:
355345 (1) the name and address of a patient or a member of
356346 the patient's family;
357347 (2) any service received by the patient or a member of
358348 the patient's family;
359349 (3) the social and economic condition of the patient
360350 or a member of the patient's family;
361351 (4) medical, dental, and mental health care
362352 information related to the patient or a member of the patient's
363353 family, including diagnoses, conditions, diseases, or disability;
364354 and
365355 (5) the identity of a health care provider that
366356 provided any services to the patient or a member of the patient's
367357 family.
368358 (b-1) Confidential information that is acquired by the
369359 department under this section that includes identifying
370360 information of an individual or health care provider may be
371361 securely disclosed to an appropriate federal agency for the limited
372362 purpose of complying with applicable requirements under the federal
373363 Preventing Maternal Deaths Act of 2018 (Pub. L. No. 115-344).
374364 (c) Review committee [Task force] work product or
375365 information obtained by the department under this chapter,
376366 including information contained in an electronic database
377367 established and maintained under Section 34.012, or any other
378368 document or record, is confidential. This subsection does not
379369 prevent the review committee [task force] or department from
380370 releasing information described by Subsection (d) or (e) or from
381371 submitting the report required by Section 34.015.
382372 (d) Information is not confidential under this section if
383373 the information is general information that cannot be connected
384374 with any specific individual, case, or health care provider, such
385375 as:
386376 (1) total expenditures made for specified purposes;
387377 (2) the number of families served by particular health
388378 care providers or agencies;
389379 (3) aggregated data on social and economic conditions;
390380 (4) medical data and information related to health
391381 care services that do not include any identifying information
392382 relating to a patient or the patient's family;
393383 (5) information, including the source, value, and
394384 purpose, related to gifts, grants, or donations to or for use by the
395385 review committee [task force]; and
396386 (6) other statistical information.
397387 (e) The review committee [task force] may publish
398388 statistical studies and research reports based on information that
399389 is confidential under this section, provided that the information:
400390 (1) is published in the aggregate;
401391 (2) does not identify a patient or the patient's
402392 family;
403393 (3) does not include any information that could be
404394 used to identify a patient or the patient's family; and
405395 (4) does not identify a health care provider.
406396 (h) The review committee [task force] and the department
407397 shall comply with all state and federal laws and rules relating to
408398 the transmission of health information, including the Health
409399 Insurance Portability and Accountability Act of 1996 (Pub. L.
410400 No. 104-191) and rules adopted under that Act.
411401 SECTION 12. Section 34.010, Health and Safety Code, is
412402 amended to read as follows:
413403 Sec. 34.010. SUBPOENA AND DISCOVERY. Review committee
414404 [Task force] work product or information that is confidential under
415405 Section 34.009 is privileged, is not subject to subpoena or
416406 discovery, and may not be introduced into evidence in any
417407 administrative, civil, or criminal proceeding against a patient, a
418408 member of the family of a patient, or a health care provider.
419409 SECTION 13. Section 34.011(a), Health and Safety Code, is
420410 amended to read as follows:
421411 (a) A member of the review committee [task force] or a
422412 person employed by or acting in an advisory capacity to the review
423413 committee [task force] and who provides information, counsel, or
424414 services to the review committee [task force] is not liable for
425415 damages for an action taken within the scope of the functions of the
426416 review committee [task force].
427417 SECTION 14. Sections 34.012(a) and (c), Health and Safety
428418 Code, are amended to read as follows:
429419 (a) The department may establish and maintain an electronic
430420 database to track cases of pregnancy-related deaths and severe
431421 maternal morbidity to assist the department and review committee
432422 [task force] in performing functions under this chapter.
433423 (c) The database may be accessed only by the department and
434424 the review committee [task force] for the purposes described in
435425 this chapter.
436426 SECTION 15. Section 34.014, Health and Safety Code, is
437427 amended to read as follows:
438428 Sec. 34.014. FUNDING. The department may accept gifts and
439429 grants from any source to fund the duties of the department and the
440430 review committee [task force] under this chapter.
441431 SECTION 16. Sections 34.015(a) and (b), Health and Safety
442432 Code, are amended to read as follows:
443433 (a) Not later than September 1 of each even-numbered year,
444434 the review committee [task force] and the department shall submit a
445435 joint report on the findings of the review committee [task force]
446436 under this chapter to the governor, lieutenant governor, speaker of
447437 the house of representatives, and appropriate committees of the
448438 legislature.
449439 (b) The report must include the review committee's [task
450440 force's] recommendations under Section 34.005(4).
451441 SECTION 17. Section 34.0155, Health and Safety Code, is
452442 amended to read as follows:
453443 Sec. 34.0155. REPORT ON PREGNANCY-RELATED DEATHS, SEVERE
454444 MATERNAL MORBIDITY, AND POSTPARTUM DEPRESSION. The commission
455445 shall:
456446 (1) evaluate options for reducing pregnancy-related
457447 deaths, focusing on the most prevalent causes of pregnancy-related
458448 deaths as identified in the joint biennial report required under
459449 Section 34.015, and for treating postpartum depression in
460450 economically disadvantaged women;
461451 (2) in coordination with the department and the review
462452 committee [task force], identify strategies to:
463453 (A) lower costs of providing medical assistance
464454 under Chapter 32, Human Resources Code, related to severe maternal
465455 morbidity and chronic illness; and
466456 (B) improve quality outcomes related to the
467457 underlying causes of severe maternal morbidity and chronic illness;
468458 and
469459 (3) not later than December 1 of each even-numbered
470460 year, submit to the governor, the lieutenant governor, the speaker
471461 of the house of representatives, the Legislative Budget Board, and
472462 the appropriate standing committees of the legislature a written
473463 report that includes:
474464 (A) a summary of the commission's and
475465 department's efforts to accomplish the tasks described by
476466 Subdivisions (1) and (2); and
477467 (B) a summary of the report required by Section
478468 34.0156.
479469 SECTION 18. Section 34.0156(a), Health and Safety Code, is
480470 amended to read as follows:
481471 (a) Using existing resources, the department, in
482472 collaboration with the review committee [task force], shall promote
483473 and facilitate the use among health care providers in this state of
484474 maternal health and safety informational materials, including
485475 tools and procedures related to best practices in maternal health
486476 and safety.
487477 SECTION 19. Section 34.017(b), Health and Safety Code, is
488478 amended to read as follows:
489479 (b) The department may not disclose the information
490480 described by Subsection (a) to the review committee [task force] or
491481 any other person.
492482 SECTION 20. Section 34.018, Health and Safety Code, is
493483 amended to read as follows:
494484 Sec. 34.018. SUNSET PROVISION. (a) The review committee
495485 [task force] is subject to Chapter 325, Government Code (Texas
496486 Sunset Act). Unless continued in existence as provided by that
497487 chapter, the review committee [task force] is abolished and this
498488 chapter expires September 1, 2027 [2023].
499489 (b) The Sunset Advisory Commission shall review the review
500490 committee during the two-year period preceding the date the
501491 department is scheduled for abolition under Section 1001.003, but
502492 the review committee is continued in existence until the date
503493 provided by Subsection (a). This subsection expires September 1,
504494 2025.
505495 SECTION 21. Section 1001.0712(c), Health and Safety Code,
506496 is amended to read as follows:
507497 (c) The department, in consultation with the Texas Maternal
508498 Mortality and Morbidity Review Committee [Task Force], shall
509499 examine national standards regarding the collection of death
510500 information and may convene a panel of experts to advise the
511501 department and the review committee [task force] in developing
512502 recommendations for improving the collection of accurate
513503 information related to cause of death.
514504 SECTION 22. Section 34.001(14), Health and Safety Code, is
515505 repealed.
516506 SECTION 23. (a) In this section, "Healthy Texas Women
517507 program" means a program operated by the Health and Human Services
518508 Commission that is substantially similar to the demonstration
519509 project operated under former Section 32.0248, Human Resources
520510 Code, and that is intended to expand access to preventive health and
521511 family planning services for women in this state.
522512 (b) If the Centers for Medicare and Medicaid Services
523513 approves the waiver submitted by the executive commissioner of the
524514 Health and Human Services Commission under Section 1115 of the
525515 federal Social Security Act (42 U.S.C. Section 1315) for the
526516 Healthy Texas Women Section 1115 Demonstration Waiver, the
527517 executive commissioner shall, as soon as practicable after the
528518 waiver is granted, seek an amendment to the waiver to provide
529519 enhanced services under the Healthy Texas Women program.
530520 SECTION 24. As soon as practicable after the effective date
531521 of this Act:
532522 (1) the executive commissioner of the Health and Human
533523 Services Commission shall adopt rules as necessary to implement the
534524 changes in law made by this Act; and
535525 (2) the Health and Human Services Commission shall
536526 apply for any federal money available to implement the model of care
537527 described by Section 531.0738, Government Code, as added by this
538528 Act.
539529 SECTION 25. On the effective date of this Act:
540530 (1) the Maternal Mortality and Morbidity Task Force is
541531 renamed the Texas Maternal Mortality and Morbidity Review
542532 Committee; and
543533 (2) a reference in law to the task force means the
544534 review committee.
545535 SECTION 26. If before implementing any provision of this
546536 Act a state agency determines that a waiver or authorization from a
547537 federal agency is necessary for implementation of that provision,
548538 the agency affected by the provision shall request the waiver or
549539 authorization and may delay implementing that provision until the
550540 waiver or authorization is granted.
551541 SECTION 27. The Health and Human Services Commission is
552542 required to implement a provision of this Act only if the
553543 legislature appropriates money specifically for that purpose. If
554544 the legislature does not appropriate money specifically for that
555545 purpose, the commission may, but is not required to, implement a
556546 provision of this Act using other appropriations available for that
557547 purpose.
558548 SECTION 28. This Act takes effect immediately if it
559549 receives a vote of two-thirds of all the members elected to each
560550 house, as provided by Section 39, Article III, Texas Constitution.
561551 If this Act does not receive the vote necessary for immediate
562552 effect, this Act takes effect September 1, 2019.
563- ______________________________ ______________________________
564- President of the Senate Speaker of the House
565- I hereby certify that S.B. No. 750 passed the Senate on
566- April 16, 2019, by the following vote: Yeas 31, Nays 0; and that
567- the Senate concurred in House amendments on May 23, 2019, by the
568- following vote: Yeas 31, Nays 0.
569- ______________________________
570- Secretary of the Senate
571- I hereby certify that S.B. No. 750 passed the House, with
572- amendments, on May 21, 2019, by the following vote: Yeas 144,
573- Nays 2, one present not voting.
574- ______________________________
575- Chief Clerk of the House
576- Approved:
577- ______________________________
578- Date
579- ______________________________
580- Governor
553+ COMMITTEE AMENDMENT NO. 1
554+ Amend S.B. No. 750
555+ by adding the following appropriately
556+ numbered SECTIONS to the bill and renumbering subsequent SECTIONS
557+ of the bill accordingly:
558+ SECTION ____. Chapter 1061, Special District Local Laws
559+ Code, is amended by adding Subchapter G to read as follows:
560+ SUBCHAPTER G. SALES AND USE TAX
561+ Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt,
562+ change the rate of, or abolish a sales and use tax at an election
563+ held in the district.
564+ (b) The district may not adopt a tax under this subchapter
565+ or increase the rate of the tax if as a result of the adoption of the
566+ tax or the tax increase the combined rate of all sales and use taxes
567+ imposed by the district and all other political subdivisions of
568+ this state having territory in the district would exceed two
569+ percent in any location in the district.
570+ Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the
571+ extent that a provision of this subchapter applies, Chapter 323,
572+ Tax Code, applies to a tax authorized by this subchapter in the same
573+ manner as that chapter applies to the tax authorized by that
574+ chapter.
575+ Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district
576+ may impose a tax authorized by this subchapter in increments of
577+ one-eighth of one percent, with a minimum rate of one-eighth of one
578+ percent and a maximum rate of two percent.
579+ (b) The district may increase the rate of a tax authorized
580+ by this subchapter to a maximum of two percent or decrease the rate
581+ of the tax to a minimum of one-eighth of one percent if the change is
582+ approved by a majority of the voters of the district at an election
583+ called for that purpose.
584+ Sec. 1061.304. ELECTION PROCEDURE. An election to adopt,
585+ change the rate of, or abolish a tax authorized by this subchapter
586+ is called by the adoption of an order of the board. The board may
587+ call an election on its own motion and shall call an election if a
588+ number of qualified voters in the district equal to at least five
589+ percent of the number of registered voters in the district
590+ petitions the board to call the election.
591+ Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In
592+ this section, "taxing authority" means any entity authorized to
593+ impose a local sales and use tax.
594+ (b) If the district is included within the boundaries of
595+ another taxing authority and the adoption or increase in the rate of
596+ a tax under this subchapter would result in a combined tax rate by
597+ the district and other political subdivisions of this state of more
598+ than two percent at any location in the district, an election to
599+ approve or increase the rate of the tax has no effect unless:
600+ (1) one or more of the other taxing authorities holds
601+ an election in accordance with the law governing that authority on
602+ the same date as the election under this subchapter to reduce the
603+ tax rate of that authority to a rate that will result in a combined
604+ tax rate by the district and other political subdivisions of not
605+ more than two percent at any location in the district; and
606+ (2) the combined tax rate is reduced to not more than
607+ two percent as a result of that election.
608+ (c) This section does not permit a taxing authority to
609+ impose taxes at differential tax rates within the territory of the
610+ authority.
611+ Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption,
612+ change in the rate of, or abolition of a tax under this subchapter
613+ takes effect on the first day of the first calendar quarter
614+ occurring after the expiration of the first complete calendar
615+ quarter occurring after the date on which the comptroller receives
616+ notice of the results of an election to adopt, change the rate of,
617+ or abolish the tax.
618+ (b) If the comptroller determines that an effective date
619+ provided by Subsection (a) will occur before the comptroller can
620+ reasonably take the action required to begin collecting the tax or
621+ to implement the change in the rate of the tax or the abolition of
622+ the tax, the effective date may be extended by the comptroller until
623+ the first day of the next calendar quarter.
624+ Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax
625+ imposed under this subchapter may be used by the district for any
626+ purpose of the district authorized by law.
627+ SECTION ____. Section 1061.151(b), Special District Local
628+ Laws Code, is amended to read as follows:
629+ (b) The proposed budget must contain a complete financial
630+ statement of:
631+ (1) the outstanding obligations of the district;
632+ (2) the cash on hand in each district fund;
633+ (3) the money received by the district from all
634+ sources during the previous year;
635+ (4) the money available to the district from all
636+ sources during the ensuing year;
637+ (5) the balances expected at the end of the year in
638+ which the budget is being prepared;
639+ (6) the estimated revenue and balances available to
640+ cover the proposed budget;
641+ (7) the estimated ad valorem tax rate required; and
642+ (8) the proposed expenditures and disbursements and
643+ the estimated receipts and collections for the following fiscal
644+ year.
645+ SECTION ____. The heading to Subchapter F, Chapter 1061,
646+ Special District Local Laws Code, is amended to read as follows:
647+ SUBCHAPTER F. AD VALOREM TAXES
648+ SECTION ____. Section 26.012(1), Tax Code, is amended to
649+ read as follows:
650+ (1) "Additional sales and use tax" means an additional
651+ sales and use tax imposed by:
652+ (A) a city under Section 321.101(b);
653+ (B) a county under Chapter 323; or
654+ (C) a hospital district, other than a hospital
655+ district:
656+ (i) created on or after September 1, 2001,
657+ that:
658+ (a) [(i)] imposes the sales and use
659+ tax under Subchapter I, Chapter 286, Health and Safety Code; or
660+ (b) [(ii)] imposes the sales and use
661+ tax under Subchapter L, Chapter 285, Health and Safety Code; or
662+ (ii) that imposes the sales and use tax
663+ under Subchapter G, Chapter 1061, Special District Local Laws Code.
664+ Price