1 | 1 | | 89R12506 CS-D |
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2 | 2 | | By: Huffman S.B. No. 2192 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to state fiscal matters. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN |
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12 | 12 | | SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN |
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13 | 13 | | SERVICES PROGRAMS |
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14 | 14 | | SECTION 1.01. (a) This section applies to any state agency |
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15 | 15 | | that receives an appropriation under Article II of the General |
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16 | 16 | | Appropriations Act and to any program administered by any of those |
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17 | 17 | | agencies. |
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18 | 18 | | (b) Notwithstanding any other statute of this state, each |
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19 | 19 | | state agency to which this section applies is authorized to reduce |
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20 | 20 | | or recover expenditures by: |
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21 | 21 | | (1) consolidating any reports or publications the |
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22 | 22 | | agency is required to make and filing or delivering any of those |
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23 | 23 | | reports or publications exclusively by electronic means; |
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24 | 24 | | (2) extending the effective period of any license, |
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25 | 25 | | permit, or registration the agency grants or administers; |
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26 | 26 | | (3) entering into a contract with another governmental |
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27 | 27 | | entity or with a private vendor to carry out any of the agency's |
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28 | 28 | | duties; |
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29 | 29 | | (4) adopting additional eligibility requirements |
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30 | 30 | | consistent with federal law for persons who receive benefits under |
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31 | 31 | | any law the agency administers to ensure that those benefits are |
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32 | 32 | | received by the most deserving persons consistent with the purposes |
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33 | 33 | | for which the benefits are provided, including under the following |
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34 | 34 | | laws: |
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35 | 35 | | (A) Chapter 62, Health and Safety Code (child |
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36 | 36 | | health plan program); |
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37 | 37 | | (B) Chapter 31, Human Resources Code (Temporary |
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38 | 38 | | Assistance for Needy Families program); |
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39 | 39 | | (C) Chapter 32, Human Resources Code (Medicaid |
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40 | 40 | | program); |
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41 | 41 | | (D) Chapter 33, Human Resources Code |
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42 | 42 | | (supplemental nutrition assistance and other nutritional |
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43 | 43 | | assistance programs); |
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44 | 44 | | (E) Chapter 540, Government Code, as effective |
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45 | 45 | | April 1, 2025 (Medicaid managed care); and |
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46 | 46 | | (F) Chapter 540A, Government Code, as effective |
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47 | 47 | | April 1, 2025 (Medicaid Managed Transportation Services); |
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48 | 48 | | (5) providing that any communication between the |
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49 | 49 | | agency and another person and any document required to be delivered |
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50 | 50 | | to or by the agency, including any application, notice, billing |
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51 | 51 | | statement, receipt, or certificate, may be made or delivered by |
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52 | 52 | | e-mail or through the Internet; and |
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53 | 53 | | (6) modifying and streamlining processes used in: |
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54 | 54 | | (A) the conduct of eligibility determinations |
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55 | 55 | | for programs listed in Subdivision (4) of this subsection by or |
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56 | 56 | | under the direction of the Health and Human Services Commission; |
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57 | 57 | | (B) the provision of child and adult protective |
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58 | 58 | | services by the Department of Family and Protective Services; |
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59 | 59 | | (C) the provision of community health services, |
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60 | 60 | | consumer protection services, and mental health services by the |
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61 | 61 | | Department of State Health Services; and |
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62 | 62 | | (D) the provision or administration of other |
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63 | 63 | | services provided or programs operated by the Health and Human |
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64 | 64 | | Services Commission or a health and human services agency, as |
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65 | 65 | | defined by Section 521.0001, Government Code, as effective April 1, |
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66 | 66 | | 2025. |
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67 | 67 | | SECTION 1.02. Subchapter O, Chapter 540, Government Code, |
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68 | 68 | | as effective April 1, 2025, is amended by adding Sections 540.0715, |
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69 | 69 | | 540.0716, and 540.0717 to read as follows: |
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70 | 70 | | Sec. 540.0715. CARE COORDINATION BENEFITS. (a) In this |
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71 | 71 | | section, "care coordination" means assisting recipients to develop |
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72 | 72 | | a plan of care, including a service plan, that meets the recipient's |
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73 | 73 | | needs and coordinating the provision of Medicaid benefits in a |
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74 | 74 | | manner that is consistent with the plan of care. The term is |
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75 | 75 | | synonymous with "case management," "service coordination," and |
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76 | 76 | | "service management." |
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77 | 77 | | (b) The commission shall streamline and clarify the |
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78 | 78 | | provision of care coordination benefits across Medicaid programs |
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79 | 79 | | and services for recipients receiving benefits under a managed care |
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80 | 80 | | delivery model. In streamlining and clarifying the provision of |
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81 | 81 | | care coordination benefits under this section, the commission shall |
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82 | 82 | | at a minimum: |
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83 | 83 | | (1) subject to Subsection (c), establish a process for |
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84 | 84 | | determining and designating a single entity as the primary entity |
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85 | 85 | | responsible for a recipient's care coordination; |
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86 | 86 | | (2) evaluate and eliminate duplicative services |
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87 | 87 | | intended to achieve recipient care coordination, including care |
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88 | 88 | | coordination or related benefits provided: |
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89 | 89 | | (A) by a Medicaid managed care organization; |
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90 | 90 | | (B) by a recipient's medical or health home; |
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91 | 91 | | (C) through a disease management program |
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92 | 92 | | provided by a Medicaid managed care organization; |
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93 | 93 | | (D) by a provider of targeted case management and |
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94 | 94 | | psychiatric rehabilitation services; and |
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95 | 95 | | (E) through a program of case management for |
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96 | 96 | | high-risk pregnant women and high-risk children established under |
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97 | 97 | | Section 22.0031, Human Resources Code; |
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98 | 98 | | (3) evaluate and, if the commission determines it |
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99 | 99 | | appropriate, modify the capitation rate paid to Medicaid managed |
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100 | 100 | | care organizations to account for the provision of care |
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101 | 101 | | coordination benefits by a person not affiliated with the |
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102 | 102 | | organization; and |
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103 | 103 | | (4) establish and use a consistent set of terms for |
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104 | 104 | | care coordination provided under a managed care delivery model. |
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105 | 105 | | (c) In establishing a process under Subsection (b)(1), the |
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106 | 106 | | commission shall ensure that: |
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107 | 107 | | (1) for a recipient who receives targeted case |
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108 | 108 | | management and psychiatric rehabilitation services, the default |
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109 | 109 | | entity to act as the primary entity responsible for the recipient's |
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110 | 110 | | care coordination under Subsection (b)(1) is the provider of |
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111 | 111 | | targeted case management and psychiatric rehabilitation services; |
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112 | 112 | | and |
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113 | 113 | | (2) for recipients other than those described by |
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114 | 114 | | Subdivision (1), the process includes an evaluation process |
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115 | 115 | | designed to identify the provider that would best meet the care |
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116 | 116 | | coordination needs of a recipient and that the commission |
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117 | 117 | | incorporates into Medicaid managed care program contracts. |
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118 | 118 | | Sec. 540.0716. CARE COORDINATOR CASELOAD STANDARDS. (a) |
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119 | 119 | | In this section: |
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120 | 120 | | (1) "Care coordination" has the meaning assigned by |
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121 | 121 | | Section 540.0715. |
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122 | 122 | | (2) "Care coordinator" means a person, including a |
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123 | 123 | | case manager, engaged by a Medicaid managed care organization to |
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124 | 124 | | provide care coordination benefits. |
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125 | 125 | | (b) The executive commissioner by rule shall establish |
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126 | 126 | | caseload standards for care coordinators providing care |
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127 | 127 | | coordination under the STAR+PLUS home and community-based services |
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128 | 128 | | supports (HCBS) program. |
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129 | 129 | | (c) The executive commissioner by rule may, if the executive |
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130 | 130 | | commissioner determines it appropriate, establish caseload |
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131 | 131 | | standards for care coordinators providing care coordination under |
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132 | 132 | | Medicaid programs other than the STAR+PLUS home and community-based |
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133 | 133 | | services supports (HCBS) program. |
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134 | 134 | | (d) In determining whether to establish caseload standards |
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135 | 135 | | for a Medicaid program under Subsection (c), the executive |
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136 | 136 | | commissioner shall consider whether implementing the standards |
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137 | 137 | | would improve: |
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138 | 138 | | (1) Medicaid managed care organization contract |
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139 | 139 | | compliance; |
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140 | 140 | | (2) the quality of care coordination provided under |
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141 | 141 | | the program; |
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142 | 142 | | (3) recipient health outcomes; and |
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143 | 143 | | (4) transparency regarding the availability of care |
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144 | 144 | | coordination benefits to recipients and interested stakeholders. |
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145 | 145 | | Sec. 540.0717. INFORMATION SHARING. (a) In this section: |
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146 | 146 | | (1) "Care coordination" has the meaning assigned by |
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147 | 147 | | Section 540.0715. |
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148 | 148 | | (2) "Care coordinator" has the meaning assigned by |
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149 | 149 | | Section 540.0716. |
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150 | 150 | | (b) To the extent permitted under applicable federal and |
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151 | 151 | | state law enacted to protect the confidentiality and privacy of |
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152 | 152 | | patients' health information, Medicaid managed care organizations |
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153 | 153 | | shall ensure the sharing of information, including recipient |
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154 | 154 | | medical records, among care coordinators and health care providers |
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155 | 155 | | as appropriate to provide care coordination benefits. For purposes |
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156 | 156 | | of implementing this section, a Medicaid managed care organization |
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157 | 157 | | may allow a care coordinator to share a recipient's service plan |
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158 | 158 | | with health care providers, subject to the limitations of this |
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159 | 159 | | section. |
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160 | 160 | | SECTION 1.03. Subchapter B, Chapter 137, Human Resources |
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161 | 161 | | Code, is amended by adding Section 137.061 to read as follows: |
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162 | 162 | | Sec. 137.061. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND |
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163 | 163 | | EARLY INTERVENTION SERVICES. (a) The commission shall use |
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164 | 164 | | existing risk terrain modeling systems, predictive analytics, or |
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165 | 165 | | geographic risk assessments to: |
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166 | 166 | | (1) identify geographic areas that have high risk |
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167 | 167 | | indicators of child maltreatment and child fatalities resulting |
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168 | 168 | | from abuse or neglect; and |
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169 | 169 | | (2) target the implementation and use of prevention |
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170 | 170 | | and early intervention services to those geographic areas. |
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171 | 171 | | (b) The commission may not use data gathered under this |
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172 | 172 | | section to identify a specific family or individual. |
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173 | 173 | | SECTION 1.04. If before implementing any provision of this |
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174 | 174 | | article a state agency determines that a waiver or authorization |
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175 | 175 | | from a federal agency is necessary for implementation of that |
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176 | 176 | | provision, the agency affected by the provision shall request the |
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177 | 177 | | waiver or authorization and may delay implementing that provision |
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178 | 178 | | until the waiver or authorization is granted. |
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179 | 179 | | SECTION 1.05. This article takes effect September 1, 2025. |
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180 | 180 | | ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION |
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181 | 181 | | SECTION 2.01. (a) This section applies to the Texas |
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182 | 182 | | Education Agency, the Texas School for the Blind and Visually |
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183 | 183 | | Impaired, the Texas School for the Deaf, and the Teacher Retirement |
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184 | 184 | | System of Texas. |
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185 | 185 | | (b) Notwithstanding any other statute of this state, each |
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186 | 186 | | entity to which this section applies is authorized to reduce or |
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187 | 187 | | recover expenditures by: |
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188 | 188 | | (1) consolidating any reports or publications the |
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189 | 189 | | entity is required to make and filing or delivering any of those |
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190 | 190 | | reports or publications exclusively by electronic means; |
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191 | 191 | | (2) extending the effective period of any license, |
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192 | 192 | | permit, or registration the entity grants or administers; |
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193 | 193 | | (3) entering into a contract with another governmental |
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194 | 194 | | entity or with a private vendor to carry out any of the entity's |
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195 | 195 | | duties; |
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196 | 196 | | (4) modifying the services provided to and the |
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197 | 197 | | eligibility requirements, including the procedures to determine |
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198 | 198 | | eligibility, for persons who receive benefits under any federal or |
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199 | 199 | | state law the entity administers to ensure that those benefits are |
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200 | 200 | | received by the most deserving persons consistent with the purposes |
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201 | 201 | | for which the benefits are provided; and |
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202 | 202 | | (5) providing that any communication between the |
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203 | 203 | | entity and another person and any document required to be delivered |
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204 | 204 | | to or by the entity, including any application, notice, billing |
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205 | 205 | | statement, receipt, or certificate, may be made or delivered by |
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206 | 206 | | e-mail or through the Internet. |
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207 | 207 | | SECTION 2.02. An employee of an entity described by Section |
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208 | 208 | | 2.01 of this Act is not entitled to an amount from the state for |
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209 | 209 | | expenses, including office expenses or reimbursement of office |
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210 | 210 | | expenses, per diem, travel, or a salary or salary supplement that |
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211 | 211 | | exceeds the amount authorized for those purposes by the General |
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212 | 212 | | Appropriations Act. |
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213 | 213 | | SECTION 2.03. Section 21.4021(a), Education Code, is |
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214 | 214 | | amended to read as follows: |
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215 | 215 | | (a) Notwithstanding Section 21.401 and subject to Section |
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216 | 216 | | 21.4022, the board of trustees of a school district may, in |
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217 | 217 | | accordance with district policy, implement a furlough program and |
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218 | 218 | | reduce the number of days of service otherwise required under |
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219 | 219 | | Section 21.401 by not more than seven [six] days of service during a |
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220 | 220 | | school year if the commissioner certifies in accordance with |
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221 | 221 | | Section 48.010 that the district will be provided with less state |
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222 | 222 | | and local funding for that year than was provided to the district |
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223 | 223 | | for the 2024-2025 [2010-2011] school year. |
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224 | 224 | | SECTION 2.04. Section 25.112(a), Education Code, is amended |
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225 | 225 | | to read as follows: |
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226 | 226 | | (a) Except as otherwise authorized by this section, a school |
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227 | 227 | | district may not enroll more than a district-wide average of 23 [22] |
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228 | 228 | | students in [a] prekindergarten, kindergarten, first, second, |
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229 | 229 | | third, and [or] fourth grade classes [class]. That limitation does |
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230 | 230 | | not apply during: |
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231 | 231 | | (1) any 12-week period of the school year selected by |
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232 | 232 | | the district, in the case of a district whose average daily |
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233 | 233 | | attendance is adjusted under Section 48.005(c); or |
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234 | 234 | | (2) the last 12 weeks of any school year in the case of |
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235 | 235 | | any other district. |
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236 | 236 | | SECTION 2.05. Section 28.053(i), Education Code, is amended |
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237 | 237 | | to read as follows: |
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238 | 238 | | (i) The commissioner shall analyze and adjust, as needed, |
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239 | 239 | | the sum of and number of awards to ensure that the purpose of the |
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240 | 240 | | program is realized and to account for any budgetary constraints. |
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241 | 241 | | SECTION 2.06. Section 48.010, Education Code, is amended to |
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242 | 242 | | read as follows: |
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243 | 243 | | Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not |
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244 | 244 | | later than July 1 of each year, the commissioner shall determine for |
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245 | 245 | | each school district whether the estimated amount of state and |
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246 | 246 | | local funding per student in weighted average daily attendance to |
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247 | 247 | | be provided to the district under the Foundation School Program for |
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248 | 248 | | maintenance and operations for the following school year is less |
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249 | 249 | | than the amount provided to the district for the 2024-2025 |
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250 | 250 | | [2010-2011] school year. If the amount estimated to be provided is |
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251 | 251 | | less, the commissioner shall certify the percentage decrease in |
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252 | 252 | | funding to be provided to the district. |
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253 | 253 | | (b) In making the determinations regarding funding levels |
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254 | 254 | | required by Subsection (a), the commissioner shall: |
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255 | 255 | | (1) make adjustments as necessary to reflect changes |
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256 | 256 | | in a school district's maintenance and operations tax rate; |
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257 | 257 | | (2) for a district required to reduce its local |
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258 | 258 | | revenue level under Section 48.257, base the determinations on the |
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259 | 259 | | district's net funding levels after deducting any amounts required |
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260 | 260 | | to be expended by the district to comply with Chapter 49; and |
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261 | 261 | | (3) determine a district's weighted average daily |
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262 | 262 | | attendance in accordance with this chapter as it existed on January |
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263 | 263 | | 1, 2025 [2011]. |
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264 | 264 | | SECTION 2.07. Section 825.404(b), Government Code, is |
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265 | 265 | | amended to read as follows: |
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266 | 266 | | (b) Before November 15 [2] of each even-numbered year, the |
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267 | 267 | | board of trustees, in coordination with the Legislative Budget |
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268 | 268 | | Board, shall certify to the comptroller of public accounts for |
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269 | 269 | | review and adoption an estimate of the amount necessary to pay the |
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270 | 270 | | state's contributions to the retirement system for the following |
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271 | 271 | | biennium. For qualifying employees under Subsection (a-1)(1), the |
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272 | 272 | | board of trustees shall include only the amount payable by the state |
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273 | 273 | | under Subsection (a-1)(1) in determining the amount to be |
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274 | 274 | | certified. |
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275 | 275 | | SECTION 2.08. Section 1575.202(a), Insurance Code, is |
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276 | 276 | | amended to read as follows: |
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277 | 277 | | (a) Each state fiscal year, the state shall contribute to |
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278 | 278 | | the fund an amount equal to 1.23 [1.25] percent of the salary of |
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279 | 279 | | each active employee. |
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280 | 280 | | SECTION 2.09. Section 21.402(c-1), Education Code, is |
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281 | 281 | | repealed. |
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282 | 282 | | SECTION 2.10. (a) Sections 2.03, 2.04, 2.05, and 2.06 of |
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283 | 283 | | this article apply beginning with the 2025-2026 school year. |
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284 | 284 | | (b) Sections 2.07 and 2.08 of this article apply beginning |
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285 | 285 | | with the state fiscal year that begins September 1, 2025. |
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286 | 286 | | ARTICLE 3. MISCELLANEOUS MATTERS |
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287 | 287 | | SECTION 3.01. Subchapter A, Chapter 441, Government Code, |
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288 | 288 | | is amended by adding Section 441.0135 to read as follows: |
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289 | 289 | | Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January |
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290 | 290 | | 1 of each odd-numbered year, the commission shall submit to the |
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291 | 291 | | governor and the Legislative Budget Board a written report |
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292 | 292 | | regarding all statutorily required reports prepared by and |
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293 | 293 | | submitted to a state agency as defined by Section 441.180. The |
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294 | 294 | | commission may consult with other state agencies in preparing the |
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295 | 295 | | report. A state agency shall cooperate with the commission in |
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296 | 296 | | securing the information necessary for preparing the report. The |
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297 | 297 | | commission shall prescribe the method by which a state agency |
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298 | 298 | | transmits to the commission information necessary to prepare the |
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299 | 299 | | report, and may require the information to be submitted using the |
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300 | 300 | | state electronic Internet portal. The report must include for each |
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301 | 301 | | statutorily required report: |
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302 | 302 | | (1) the title of and the agency preparing the report; |
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303 | 303 | | (2) the statutory authority requiring the report; |
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304 | 304 | | (3) the recipient of the report; |
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305 | 305 | | (4) the deadline for submitting the report; |
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306 | 306 | | (5) a brief description of the report; and |
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307 | 307 | | (6) an assessment from each recipient of the report |
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308 | 308 | | whether the report is necessary. |
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309 | 309 | | (b) The report required by Subsection (a) must be: |
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310 | 310 | | (1) made available to the public; and |
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311 | 311 | | (2) indexed by preparing agency, title of report, and |
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312 | 312 | | report recipient. |
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313 | 313 | | SECTION 3.02. Section 466.105, Government Code, is amended |
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314 | 314 | | to read as follows: |
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315 | 315 | | Sec. 466.105. APPLICABILITY OF OTHER LAW. [(a) A contract |
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316 | 316 | | for the acquisition or provision of facilities, supplies, |
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317 | 317 | | equipment, materials, or services related to the operation of the |
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318 | 318 | | lottery is not subject to: |
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319 | 319 | | [(1) Chapter 2054 or 2254; or |
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320 | 320 | | [(2) Subtitle D, Title 10. |
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321 | 321 | | [(b)] Notwithstanding the provisions of Title 2, Utilities |
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322 | 322 | | Code, the commission may negotiate rates and execute contracts with |
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323 | 323 | | telecommunications service providers for the interexchange |
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324 | 324 | | services necessary for the operation of the lottery. The |
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325 | 325 | | commission may acquire transmission facilities by lease, purchase, |
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326 | 326 | | or lease-purchase. The acquisition of transmission facilities must |
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327 | 327 | | be done on a competitive bid basis if possible. |
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328 | 328 | | SECTION 3.03. Section 662.005(b), Government Code, as |
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329 | 329 | | amended by Chapters 109 (S.B. 2214), 765 (H.B. 4504), and 950 (S.B. |
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330 | 330 | | 1727), Acts of the 88th Legislature, Regular Session, 2023, is |
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331 | 331 | | reenacted and amended to read as follows: |
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332 | 332 | | (b) Except as provided by Section 662.010, and |
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333 | 333 | | notwithstanding Section 659.015 or another law, each of the |
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334 | 334 | | following state employees who is required to work on a national or |
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335 | 335 | | state holiday that falls on a Saturday or Sunday is entitled to |
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336 | 336 | | compensatory time off at the rate of one hour for each hour worked |
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337 | 337 | | on the holiday: |
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338 | 338 | | (1) an employee of the Department of Family and |
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339 | 339 | | Protective Services [in the statewide intake division who receives |
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340 | 340 | | reports of abuse or neglect]; |
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341 | 341 | | (2) a peace officer commissioned or appointed, as |
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342 | 342 | | applicable, by a state officer or state agency listed under Article |
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343 | 343 | | 2A.001, Code of Criminal Procedure; |
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344 | 344 | | (3) an employee of the Department of Public Safety |
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345 | 345 | | who: |
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346 | 346 | | (A) performs communications or dispatch services |
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347 | 347 | | related to traffic law enforcement; or |
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348 | 348 | | (B) is a public security officer, as that term is |
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349 | 349 | | defined by Section 1701.001, Occupations Code; [or] |
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350 | 350 | | (4) an employee of the Parks and Wildlife Department |
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351 | 351 | | who performs communications and dispatch services to assist law |
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352 | 352 | | enforcement officers commissioned by the Parks and Wildlife |
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353 | 353 | | Commission in performing law enforcement duties; |
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354 | 354 | | (5) an employee of[, or who is employed by] the Texas |
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355 | 355 | | Juvenile Justice Department who: |
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356 | 356 | | (A) performs [to perform] communication service |
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357 | 357 | | duties for the incident reporting center; and |
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358 | 358 | | (B) assists [to assist] law enforcement officers |
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359 | 359 | | appointed by the office of inspector general of the Texas Juvenile |
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360 | 360 | | Justice Department in performing investigative duties; [,] or |
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361 | 361 | | (6) [who is employed as] a security officer providing |
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362 | 362 | | security and entry searches for secure correctional facilities |
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363 | 363 | | operated by the Texas Juvenile Justice Department[,]. |
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364 | 364 | | SECTION 3.04. Subchapter A, Chapter 2176, Government Code, |
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365 | 365 | | is amended by adding Section 2176.007 to read as follows: |
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366 | 366 | | Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) |
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367 | 367 | | The comptroller shall conduct a study on the mail operations of each |
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368 | 368 | | state agency in the executive branch of state government that |
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369 | 369 | | receives an appropriation. The study must identify provisions of |
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370 | 370 | | law relating to the mailing requirements for the agency that impede |
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371 | 371 | | the efficient transmission and receipt of documents by the agency. |
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372 | 372 | | (b) In conducting the study, the comptroller shall |
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373 | 373 | | collaborate with other state agencies to consider the needs or |
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374 | 374 | | concerns specific to those agencies. |
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375 | 375 | | (c) Not later than November 1, 2026, the comptroller shall |
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376 | 376 | | post the findings of the study conducted under this section on the |
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377 | 377 | | comptroller's Internet website. |
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378 | 378 | | (d) This section expires September 1, 2027. |
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379 | 379 | | SECTION 3.05. Section 1951.003(a), Occupations Code, is |
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380 | 380 | | amended to read as follows: |
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381 | 381 | | (a) In this chapter, a person is engaged in the "business of |
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382 | 382 | | structural pest control" if the person performs, offers to perform, |
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383 | 383 | | or advertises for or solicits the person's performance of any of the |
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384 | 384 | | following services [for compensation], including services |
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385 | 385 | | performed as a part of the person's employment: |
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386 | 386 | | (1) identifying infestations or making inspections |
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387 | 387 | | for the purpose of identifying or attempting to identify |
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388 | 388 | | infestations of: |
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389 | 389 | | (A) arthropods, including insects, spiders, |
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390 | 390 | | mites, ticks, and related pests, wood-infesting organisms, |
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391 | 391 | | rodents, weeds, nuisance birds, and any other obnoxious or |
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392 | 392 | | undesirable animals that may infest households, railroad cars, |
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393 | 393 | | ships, docks, trucks, airplanes, or other structures or their |
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394 | 394 | | contents; or |
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395 | 395 | | (B) pests or diseases of trees, shrubs, or other |
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396 | 396 | | plantings in a park or adjacent to a residence, business |
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397 | 397 | | establishment, industrial plant, institutional building, or |
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398 | 398 | | street; |
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399 | 399 | | (2) making oral or written inspection reports, |
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400 | 400 | | recommendations, estimates, or bids with respect to an infestation |
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401 | 401 | | described by Subdivision (1); or |
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402 | 402 | | (3) making contracts, or submitting bids based on an |
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403 | 403 | | inspection for services or performing services designed to prevent, |
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404 | 404 | | control, or eliminate an infestation described by Subdivision (1) |
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405 | 405 | | by the use of insecticides, pesticides, rodenticides, fumigants, |
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406 | 406 | | allied chemicals or substances, or mechanical devices. |
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407 | 407 | | SECTION 3.06. Sections 23.1241(a)(1), (2), (7), and (9), |
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408 | 408 | | Tax Code, are amended to read as follows: |
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409 | 409 | | (1) "Dealer" means a person engaged in the business in |
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410 | 410 | | this state of selling[, leasing, or renting] heavy equipment. The |
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411 | 411 | | term does not include a bank, savings bank, savings and loan |
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412 | 412 | | association, credit union, or other finance company. In addition, |
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413 | 413 | | for purposes of taxation of a person's inventory of heavy equipment |
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414 | 414 | | in a tax year, the term does not include a person who renders the |
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415 | 415 | | person's inventory of heavy equipment for taxation in that tax year |
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416 | 416 | | by filing a rendition statement or property report in accordance |
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417 | 417 | | with Chapter 22. |
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418 | 418 | | (2) "Dealer's heavy equipment inventory" means all |
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419 | 419 | | items of heavy equipment that a dealer holds for sale at retail [, |
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420 | 420 | | lease, or rent] in this state [during a 12-month period]. |
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421 | 421 | | (7) "Sales price" means: |
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422 | 422 | | (A) the total amount of money paid or to be paid |
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423 | 423 | | to a dealer for the purchase of an item of heavy equipment; or |
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424 | 424 | | (B) for a purchase pursuant to a lease or rental |
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425 | 425 | | with an option to purchase, the total amount of the lease or rental |
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426 | 426 | | payments paid during the tax year in which the purchase occurs plus |
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427 | 427 | | any final consideration paid or to be paid to the dealer for the |
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428 | 428 | | purchase, excluding interest. |
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429 | 429 | | (9) "Total annual sales" means the total of the[: |
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430 | 430 | | [(A)] sales price for each sale from a dealer's |
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431 | 431 | | heavy equipment inventory in a 12-month period[; and |
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432 | 432 | | [(B) lease and rental payments received for each |
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433 | 433 | | lease or rental of heavy equipment inventory in a 12-month period]. |
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434 | 434 | | SECTION 3.07. Section 23.1241, Tax Code, is amended by |
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435 | 435 | | adding Subsection (a-1) and amending Subsection (e) to read as |
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436 | 436 | | follows: |
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437 | 437 | | (a-1) For purposes of this section, an item of heavy |
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438 | 438 | | equipment is not included in a dealer's heavy equipment inventory |
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439 | 439 | | if: |
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440 | 440 | | (1) the item was included in the dealer's heavy |
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441 | 441 | | equipment inventory on January 1 of the preceding tax year and was |
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442 | 442 | | not sold by the dealer in that tax year; and |
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443 | 443 | | (2) for 30 days or more during the preceding tax year |
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444 | 444 | | the item was either leased or rented by the dealer to one or more |
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445 | 445 | | persons or used by any person for its intended purposes not related |
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446 | 446 | | to demonstrating or testing the equipment for sale, lease, or rent. |
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447 | 447 | | (e) A dealer is presumed to be an owner of a dealer's heavy |
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448 | 448 | | equipment inventory on January 1 if, in the 12-month period ending |
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449 | 449 | | on December 31 of the preceding year, the dealer sold[, leased, or |
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450 | 450 | | rented] an item of heavy equipment to a person other than a dealer. |
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451 | 451 | | The presumption is not rebutted by the fact that a dealer has no |
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452 | 452 | | item of heavy equipment physically on hand for sale from the |
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453 | 453 | | dealer's heavy equipment inventory on January 1. |
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454 | 454 | | SECTION 3.08. Sections 23.1242(b), (e), and (f), Tax Code, |
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455 | 455 | | are amended to read as follows: |
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456 | 456 | | (b) Except for an item of heavy equipment sold to a dealer, |
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457 | 457 | | an item of heavy equipment included in a fleet transaction, an item |
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458 | 458 | | of heavy equipment that is the subject of a subsequent sale, or an |
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459 | 459 | | item of heavy equipment that is subject to a lease or rental, an |
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460 | 460 | | owner or a person who has agreed by contract to pay the owner's |
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461 | 461 | | current year property taxes levied against the owner's heavy |
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462 | 462 | | equipment inventory shall assign a unit property tax to each item of |
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463 | 463 | | heavy equipment sold from a dealer's heavy equipment inventory. |
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464 | 464 | | [In the case of a lease or rental, the owner shall assign a unit |
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465 | 465 | | property tax to each item of heavy equipment leased or rented.] The |
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466 | 466 | | unit property tax of each item of heavy equipment is determined by |
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467 | 467 | | multiplying the sales price of the item [or the monthly lease or |
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468 | 468 | | rental payment received for the item, as applicable,] by the unit |
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469 | 469 | | property tax factor. [If the transaction is a lease or rental, the |
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470 | 470 | | owner shall collect the unit property tax from the lessee or renter |
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471 | 471 | | at the time the lessee or renter submits payment for the lease or |
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472 | 472 | | rental. The owner of the equipment shall state the amount of the |
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473 | 473 | | unit property tax assigned as a separate line item on an invoice.] |
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474 | 474 | | On or before the 20th day of each month the owner shall, together |
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475 | 475 | | with the statement filed by the owner as required by this section, |
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476 | 476 | | deposit with the collector an amount equal to the total of unit |
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477 | 477 | | property tax assigned to all items of heavy equipment sold[, |
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478 | 478 | | leased, or rented] from the dealer's heavy equipment inventory in |
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479 | 479 | | the preceding month to which a unit property tax was assigned. The |
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480 | 480 | | money shall be deposited by the collector to the credit of the |
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481 | 481 | | owner's escrow account for prepayment of property taxes as provided |
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482 | 482 | | by this section. An escrow account required by this section is used |
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483 | 483 | | to pay property taxes levied against the dealer's heavy equipment |
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484 | 484 | | inventory, and the owner shall fund the escrow account as provided |
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485 | 485 | | by this subsection. |
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486 | 486 | | (e) The comptroller by rule shall adopt a dealer's heavy |
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487 | 487 | | equipment inventory tax statement form. Each month, a dealer shall |
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488 | 488 | | complete the form regardless of whether an item of heavy equipment |
---|
489 | 489 | | is sold[, leased, or rented]. A dealer may use no other form for |
---|
490 | 490 | | that purpose. The statement may include the information the |
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491 | 491 | | comptroller considers appropriate but shall include at least the |
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492 | 492 | | following: |
---|
493 | 493 | | (1) a description of each item of heavy equipment |
---|
494 | 494 | | sold, [leased, or rented] including any unique identification or |
---|
495 | 495 | | serial number affixed to the item by the manufacturer; |
---|
496 | 496 | | (2) the sales price of [or lease or rental payment |
---|
497 | 497 | | received for] the item of heavy equipment[, as applicable]; |
---|
498 | 498 | | (3) the unit property tax of the item of heavy |
---|
499 | 499 | | equipment, if any; and |
---|
500 | 500 | | (4) the reason no unit property tax is assigned if no |
---|
501 | 501 | | unit property tax is assigned. |
---|
502 | 502 | | (f) On or before the 20th day of each month, a dealer shall |
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503 | 503 | | file with the collector the statement covering the sale[, lease, or |
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504 | 504 | | rental] of each item of heavy equipment sold[, leased, or rented] by |
---|
505 | 505 | | the dealer in the preceding month. On or before the 20th day of a |
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506 | 506 | | month following a month in which a dealer does not sell[, lease, or |
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507 | 507 | | rent] an item of heavy equipment, the dealer must file the statement |
---|
508 | 508 | | with the collector and indicate that no sales[, leases, or rentals] |
---|
509 | 509 | | were made in the prior month. A dealer shall file a copy of the |
---|
510 | 510 | | statement with the chief appraiser and retain documentation |
---|
511 | 511 | | relating to the disposition of each item of heavy equipment sold |
---|
512 | 512 | | [and the lease or rental of each item of heavy equipment]. A chief |
---|
513 | 513 | | appraiser or collector may examine documents held by a dealer as |
---|
514 | 514 | | provided by this subsection in the same manner, and subject to the |
---|
515 | 515 | | same conditions, as provided by Section 23.1241(g). |
---|
516 | 516 | | SECTION 3.09. Section 156.251(d), Tax Code, is amended to |
---|
517 | 517 | | read as follows: |
---|
518 | 518 | | (d) An amount equal to the amount of revenue derived from |
---|
519 | 519 | | the collection of taxes imposed by this chapter at a rate of |
---|
520 | 520 | | one-half of one percent shall be allocated in the general revenue |
---|
521 | 521 | | fund to be used for: |
---|
522 | 522 | | (1) media advertising and other marketing activities |
---|
523 | 523 | | of the [Tourism Division of the] Texas Economic Development and |
---|
524 | 524 | | Tourism Office; and |
---|
525 | 525 | | (2) the seaport preliminary studies grant program |
---|
526 | 526 | | established under Section 55.0031, Transportation Code [Department |
---|
527 | 527 | | of Commerce. Section 403.094(h), Government Code, does not apply |
---|
528 | 528 | | to funds described in this section. This subsection takes effect |
---|
529 | 529 | | October 1, 1994]. |
---|
530 | 530 | | SECTION 3.10. Section 55.002, Transportation Code, is |
---|
531 | 531 | | amended by adding Subsection (b-1) to read as follows: |
---|
532 | 532 | | (b-1) In addition to funding projects under Subsection (a), |
---|
533 | 533 | | the department by rule shall establish a grant program to fund port |
---|
534 | 534 | | security, transportation, or facility projects with money from the |
---|
535 | 535 | | general revenue accounts, bond proceeds if allowed by other law, or |
---|
536 | 536 | | any other money appropriated by the legislature. |
---|
537 | 537 | | SECTION 3.11. Chapter 55, Transportation Code, is amended |
---|
538 | 538 | | by adding Section 55.0031 to read as follows: |
---|
539 | 539 | | Sec. 55.0031. SEAPORT PRELIMINARY STUDIES GRANT PROGRAM. |
---|
540 | 540 | | The department by rule shall establish a program to provide grants |
---|
541 | 541 | | for use in conducting preliminary studies or obtaining permits that |
---|
542 | 542 | | may be required of the grant recipient to receive additional |
---|
543 | 543 | | financial assistance for a port security, transportation, or |
---|
544 | 544 | | facility project. |
---|
545 | 545 | | SECTION 3.12. Section 201.946(d), Transportation Code, is |
---|
546 | 546 | | amended to read as follows: |
---|
547 | 547 | | (d) To the extent money is on deposit in the fund in amounts |
---|
548 | 548 | | that are in excess of the money required by the proceedings |
---|
549 | 549 | | authorizing the obligations and credit agreements to be retained on |
---|
550 | 550 | | deposit, the commission: |
---|
551 | 551 | | (1) shall use the money to retire, before maturity, |
---|
552 | 552 | | the portion of the obligations that are callable; and |
---|
553 | 553 | | (2) may use the money for any purpose for which |
---|
554 | 554 | | obligations may be issued under this subchapter, other than for |
---|
555 | 555 | | toll roads. |
---|
556 | 556 | | SECTION 3.13. Section 23.1241(b-1), Tax Code, is repealed. |
---|
557 | 557 | | SECTION 3.14. The changes in law made by this article that |
---|
558 | 558 | | affect ad valorem taxes apply only to ad valorem taxes imposed for a |
---|
559 | 559 | | tax year beginning on or after January 1, 2026. |
---|
560 | 560 | | SECTION 3.15. The changes in law made by this article |
---|
561 | 561 | | relating to the method of delivery or submission of a notice or |
---|
562 | 562 | | report apply only to a notice or report that is required to be |
---|
563 | 563 | | delivered or submitted on or after the effective date of this Act. |
---|
564 | 564 | | A notice or report required to be delivered or submitted before the |
---|
565 | 565 | | effective date of this Act is governed by the law in effect on the |
---|
566 | 566 | | date the notice or report was required to be delivered or submitted, |
---|
567 | 567 | | and the former law is continued in effect for that purpose. |
---|
568 | 568 | | SECTION 3.16. To the extent of any conflict, this article |
---|
569 | 569 | | prevails over another Act of the 89th Legislature, Regular Session, |
---|
570 | 570 | | 2025, relating to nonsubstantive additions to and corrections in |
---|
571 | 571 | | enacted codes. |
---|
572 | 572 | | ARTICLE 4. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE |
---|
573 | 573 | | SECTION 4.01. Effective September 1, 2025, Sections |
---|
574 | 574 | | 403.095(b), (d), and (f), Government Code, are amended to read as |
---|
575 | 575 | | follows: |
---|
576 | 576 | | (b) Notwithstanding any law dedicating or setting aside |
---|
577 | 577 | | revenue for a particular purpose or entity, dedicated revenues that |
---|
578 | 578 | | on August 31, 2027 [2025], are estimated to exceed the amount |
---|
579 | 579 | | appropriated by the General Appropriations Act or other laws |
---|
580 | 580 | | enacted by the 89th [88th] Legislature are available for general |
---|
581 | 581 | | governmental purposes and are considered available for the purpose |
---|
582 | 582 | | of certification under Section 403.121. |
---|
583 | 583 | | (d) Following certification of the General Appropriations |
---|
584 | 584 | | Act and other appropriations measures enacted by the 89th [88th] |
---|
585 | 585 | | Legislature, the comptroller shall reduce each dedicated account as |
---|
586 | 586 | | directed by the legislature by an amount that may not exceed the |
---|
587 | 587 | | amount by which estimated revenues and unobligated balances exceed |
---|
588 | 588 | | appropriations. The reductions may be made in the amounts and at the |
---|
589 | 589 | | times necessary for cash flow considerations to allow all the |
---|
590 | 590 | | dedicated accounts to maintain adequate cash balances to transact |
---|
591 | 591 | | routine business. The legislature may authorize, in the General |
---|
592 | 592 | | Appropriations Act, the temporary delay of the excess balance |
---|
593 | 593 | | reduction required under this subsection. This subsection does not |
---|
594 | 594 | | apply to revenues or balances in: |
---|
595 | 595 | | (1) funds outside the treasury; |
---|
596 | 596 | | (2) trust funds, which for purposes of this section |
---|
597 | 597 | | include funds that may or are required to be used in whole or in part |
---|
598 | 598 | | for the acquisition, development, construction, or maintenance of |
---|
599 | 599 | | state and local government infrastructures, recreational |
---|
600 | 600 | | facilities, or natural resource conservation facilities; |
---|
601 | 601 | | (3) funds created by the constitution or a court; or |
---|
602 | 602 | | (4) funds for which separate accounting is required by |
---|
603 | 603 | | federal law. |
---|
604 | 604 | | (f) This section expires September 1, 2027 [2025]. |
---|
605 | 605 | | ARTICLE 5. EFFECTIVE DATE |
---|
606 | 606 | | SECTION 5.01. Except as otherwise provided by this Act, |
---|
607 | 607 | | this Act takes effect immediately if it receives a vote of |
---|
608 | 608 | | two-thirds of all the members elected to each house, as provided by |
---|
609 | 609 | | Section 39, Article III, Texas Constitution. If this Act does not |
---|
610 | 610 | | receive the vote necessary for immediate effect, this Act takes |
---|
611 | 611 | | effect on September 1, 2025. |
---|