Texas 2025 - 89th Regular

Texas Senate Bill SB2192 Compare Versions

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11 89R12506 CS-D
22 By: Huffman S.B. No. 2192
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to state fiscal matters.
1010 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1111 ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN
1212 SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN
1313 SERVICES PROGRAMS
1414 SECTION 1.01. (a) This section applies to any state agency
1515 that receives an appropriation under Article II of the General
1616 Appropriations Act and to any program administered by any of those
1717 agencies.
1818 (b) Notwithstanding any other statute of this state, each
1919 state agency to which this section applies is authorized to reduce
2020 or recover expenditures by:
2121 (1) consolidating any reports or publications the
2222 agency is required to make and filing or delivering any of those
2323 reports or publications exclusively by electronic means;
2424 (2) extending the effective period of any license,
2525 permit, or registration the agency grants or administers;
2626 (3) entering into a contract with another governmental
2727 entity or with a private vendor to carry out any of the agency's
2828 duties;
2929 (4) adopting additional eligibility requirements
3030 consistent with federal law for persons who receive benefits under
3131 any law the agency administers to ensure that those benefits are
3232 received by the most deserving persons consistent with the purposes
3333 for which the benefits are provided, including under the following
3434 laws:
3535 (A) Chapter 62, Health and Safety Code (child
3636 health plan program);
3737 (B) Chapter 31, Human Resources Code (Temporary
3838 Assistance for Needy Families program);
3939 (C) Chapter 32, Human Resources Code (Medicaid
4040 program);
4141 (D) Chapter 33, Human Resources Code
4242 (supplemental nutrition assistance and other nutritional
4343 assistance programs);
4444 (E) Chapter 540, Government Code, as effective
4545 April 1, 2025 (Medicaid managed care); and
4646 (F) Chapter 540A, Government Code, as effective
4747 April 1, 2025 (Medicaid Managed Transportation Services);
4848 (5) providing that any communication between the
4949 agency and another person and any document required to be delivered
5050 to or by the agency, including any application, notice, billing
5151 statement, receipt, or certificate, may be made or delivered by
5252 e-mail or through the Internet; and
5353 (6) modifying and streamlining processes used in:
5454 (A) the conduct of eligibility determinations
5555 for programs listed in Subdivision (4) of this subsection by or
5656 under the direction of the Health and Human Services Commission;
5757 (B) the provision of child and adult protective
5858 services by the Department of Family and Protective Services;
5959 (C) the provision of community health services,
6060 consumer protection services, and mental health services by the
6161 Department of State Health Services; and
6262 (D) the provision or administration of other
6363 services provided or programs operated by the Health and Human
6464 Services Commission or a health and human services agency, as
6565 defined by Section 521.0001, Government Code, as effective April 1,
6666 2025.
6767 SECTION 1.02. Subchapter O, Chapter 540, Government Code,
6868 as effective April 1, 2025, is amended by adding Sections 540.0715,
6969 540.0716, and 540.0717 to read as follows:
7070 Sec. 540.0715. CARE COORDINATION BENEFITS. (a) In this
7171 section, "care coordination" means assisting recipients to develop
7272 a plan of care, including a service plan, that meets the recipient's
7373 needs and coordinating the provision of Medicaid benefits in a
7474 manner that is consistent with the plan of care. The term is
7575 synonymous with "case management," "service coordination," and
7676 "service management."
7777 (b) The commission shall streamline and clarify the
7878 provision of care coordination benefits across Medicaid programs
7979 and services for recipients receiving benefits under a managed care
8080 delivery model. In streamlining and clarifying the provision of
8181 care coordination benefits under this section, the commission shall
8282 at a minimum:
8383 (1) subject to Subsection (c), establish a process for
8484 determining and designating a single entity as the primary entity
8585 responsible for a recipient's care coordination;
8686 (2) evaluate and eliminate duplicative services
8787 intended to achieve recipient care coordination, including care
8888 coordination or related benefits provided:
8989 (A) by a Medicaid managed care organization;
9090 (B) by a recipient's medical or health home;
9191 (C) through a disease management program
9292 provided by a Medicaid managed care organization;
9393 (D) by a provider of targeted case management and
9494 psychiatric rehabilitation services; and
9595 (E) through a program of case management for
9696 high-risk pregnant women and high-risk children established under
9797 Section 22.0031, Human Resources Code;
9898 (3) evaluate and, if the commission determines it
9999 appropriate, modify the capitation rate paid to Medicaid managed
100100 care organizations to account for the provision of care
101101 coordination benefits by a person not affiliated with the
102102 organization; and
103103 (4) establish and use a consistent set of terms for
104104 care coordination provided under a managed care delivery model.
105105 (c) In establishing a process under Subsection (b)(1), the
106106 commission shall ensure that:
107107 (1) for a recipient who receives targeted case
108108 management and psychiatric rehabilitation services, the default
109109 entity to act as the primary entity responsible for the recipient's
110110 care coordination under Subsection (b)(1) is the provider of
111111 targeted case management and psychiatric rehabilitation services;
112112 and
113113 (2) for recipients other than those described by
114114 Subdivision (1), the process includes an evaluation process
115115 designed to identify the provider that would best meet the care
116116 coordination needs of a recipient and that the commission
117117 incorporates into Medicaid managed care program contracts.
118118 Sec. 540.0716. CARE COORDINATOR CASELOAD STANDARDS. (a)
119119 In this section:
120120 (1) "Care coordination" has the meaning assigned by
121121 Section 540.0715.
122122 (2) "Care coordinator" means a person, including a
123123 case manager, engaged by a Medicaid managed care organization to
124124 provide care coordination benefits.
125125 (b) The executive commissioner by rule shall establish
126126 caseload standards for care coordinators providing care
127127 coordination under the STAR+PLUS home and community-based services
128128 supports (HCBS) program.
129129 (c) The executive commissioner by rule may, if the executive
130130 commissioner determines it appropriate, establish caseload
131131 standards for care coordinators providing care coordination under
132132 Medicaid programs other than the STAR+PLUS home and community-based
133133 services supports (HCBS) program.
134134 (d) In determining whether to establish caseload standards
135135 for a Medicaid program under Subsection (c), the executive
136136 commissioner shall consider whether implementing the standards
137137 would improve:
138138 (1) Medicaid managed care organization contract
139139 compliance;
140140 (2) the quality of care coordination provided under
141141 the program;
142142 (3) recipient health outcomes; and
143143 (4) transparency regarding the availability of care
144144 coordination benefits to recipients and interested stakeholders.
145145 Sec. 540.0717. INFORMATION SHARING. (a) In this section:
146146 (1) "Care coordination" has the meaning assigned by
147147 Section 540.0715.
148148 (2) "Care coordinator" has the meaning assigned by
149149 Section 540.0716.
150150 (b) To the extent permitted under applicable federal and
151151 state law enacted to protect the confidentiality and privacy of
152152 patients' health information, Medicaid managed care organizations
153153 shall ensure the sharing of information, including recipient
154154 medical records, among care coordinators and health care providers
155155 as appropriate to provide care coordination benefits. For purposes
156156 of implementing this section, a Medicaid managed care organization
157157 may allow a care coordinator to share a recipient's service plan
158158 with health care providers, subject to the limitations of this
159159 section.
160160 SECTION 1.03. Subchapter B, Chapter 137, Human Resources
161161 Code, is amended by adding Section 137.061 to read as follows:
162162 Sec. 137.061. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND
163163 EARLY INTERVENTION SERVICES. (a) The commission shall use
164164 existing risk terrain modeling systems, predictive analytics, or
165165 geographic risk assessments to:
166166 (1) identify geographic areas that have high risk
167167 indicators of child maltreatment and child fatalities resulting
168168 from abuse or neglect; and
169169 (2) target the implementation and use of prevention
170170 and early intervention services to those geographic areas.
171171 (b) The commission may not use data gathered under this
172172 section to identify a specific family or individual.
173173 SECTION 1.04. If before implementing any provision of this
174174 article a state agency determines that a waiver or authorization
175175 from a federal agency is necessary for implementation of that
176176 provision, the agency affected by the provision shall request the
177177 waiver or authorization and may delay implementing that provision
178178 until the waiver or authorization is granted.
179179 SECTION 1.05. This article takes effect September 1, 2025.
180180 ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION
181181 SECTION 2.01. (a) This section applies to the Texas
182182 Education Agency, the Texas School for the Blind and Visually
183183 Impaired, the Texas School for the Deaf, and the Teacher Retirement
184184 System of Texas.
185185 (b) Notwithstanding any other statute of this state, each
186186 entity to which this section applies is authorized to reduce or
187187 recover expenditures by:
188188 (1) consolidating any reports or publications the
189189 entity is required to make and filing or delivering any of those
190190 reports or publications exclusively by electronic means;
191191 (2) extending the effective period of any license,
192192 permit, or registration the entity grants or administers;
193193 (3) entering into a contract with another governmental
194194 entity or with a private vendor to carry out any of the entity's
195195 duties;
196196 (4) modifying the services provided to and the
197197 eligibility requirements, including the procedures to determine
198198 eligibility, for persons who receive benefits under any federal or
199199 state law the entity administers to ensure that those benefits are
200200 received by the most deserving persons consistent with the purposes
201201 for which the benefits are provided; and
202202 (5) providing that any communication between the
203203 entity and another person and any document required to be delivered
204204 to or by the entity, including any application, notice, billing
205205 statement, receipt, or certificate, may be made or delivered by
206206 e-mail or through the Internet.
207207 SECTION 2.02. An employee of an entity described by Section
208208 2.01 of this Act is not entitled to an amount from the state for
209209 expenses, including office expenses or reimbursement of office
210210 expenses, per diem, travel, or a salary or salary supplement that
211211 exceeds the amount authorized for those purposes by the General
212212 Appropriations Act.
213213 SECTION 2.03. Section 21.4021(a), Education Code, is
214214 amended to read as follows:
215215 (a) Notwithstanding Section 21.401 and subject to Section
216216 21.4022, the board of trustees of a school district may, in
217217 accordance with district policy, implement a furlough program and
218218 reduce the number of days of service otherwise required under
219219 Section 21.401 by not more than seven [six] days of service during a
220220 school year if the commissioner certifies in accordance with
221221 Section 48.010 that the district will be provided with less state
222222 and local funding for that year than was provided to the district
223223 for the 2024-2025 [2010-2011] school year.
224224 SECTION 2.04. Section 25.112(a), Education Code, is amended
225225 to read as follows:
226226 (a) Except as otherwise authorized by this section, a school
227227 district may not enroll more than a district-wide average of 23 [22]
228228 students in [a] prekindergarten, kindergarten, first, second,
229229 third, and [or] fourth grade classes [class]. That limitation does
230230 not apply during:
231231 (1) any 12-week period of the school year selected by
232232 the district, in the case of a district whose average daily
233233 attendance is adjusted under Section 48.005(c); or
234234 (2) the last 12 weeks of any school year in the case of
235235 any other district.
236236 SECTION 2.05. Section 28.053(i), Education Code, is amended
237237 to read as follows:
238238 (i) The commissioner shall analyze and adjust, as needed,
239239 the sum of and number of awards to ensure that the purpose of the
240240 program is realized and to account for any budgetary constraints.
241241 SECTION 2.06. Section 48.010, Education Code, is amended to
242242 read as follows:
243243 Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not
244244 later than July 1 of each year, the commissioner shall determine for
245245 each school district whether the estimated amount of state and
246246 local funding per student in weighted average daily attendance to
247247 be provided to the district under the Foundation School Program for
248248 maintenance and operations for the following school year is less
249249 than the amount provided to the district for the 2024-2025
250250 [2010-2011] school year. If the amount estimated to be provided is
251251 less, the commissioner shall certify the percentage decrease in
252252 funding to be provided to the district.
253253 (b) In making the determinations regarding funding levels
254254 required by Subsection (a), the commissioner shall:
255255 (1) make adjustments as necessary to reflect changes
256256 in a school district's maintenance and operations tax rate;
257257 (2) for a district required to reduce its local
258258 revenue level under Section 48.257, base the determinations on the
259259 district's net funding levels after deducting any amounts required
260260 to be expended by the district to comply with Chapter 49; and
261261 (3) determine a district's weighted average daily
262262 attendance in accordance with this chapter as it existed on January
263263 1, 2025 [2011].
264264 SECTION 2.07. Section 825.404(b), Government Code, is
265265 amended to read as follows:
266266 (b) Before November 15 [2] of each even-numbered year, the
267267 board of trustees, in coordination with the Legislative Budget
268268 Board, shall certify to the comptroller of public accounts for
269269 review and adoption an estimate of the amount necessary to pay the
270270 state's contributions to the retirement system for the following
271271 biennium. For qualifying employees under Subsection (a-1)(1), the
272272 board of trustees shall include only the amount payable by the state
273273 under Subsection (a-1)(1) in determining the amount to be
274274 certified.
275275 SECTION 2.08. Section 1575.202(a), Insurance Code, is
276276 amended to read as follows:
277277 (a) Each state fiscal year, the state shall contribute to
278278 the fund an amount equal to 1.23 [1.25] percent of the salary of
279279 each active employee.
280280 SECTION 2.09. Section 21.402(c-1), Education Code, is
281281 repealed.
282282 SECTION 2.10. (a) Sections 2.03, 2.04, 2.05, and 2.06 of
283283 this article apply beginning with the 2025-2026 school year.
284284 (b) Sections 2.07 and 2.08 of this article apply beginning
285285 with the state fiscal year that begins September 1, 2025.
286286 ARTICLE 3. MISCELLANEOUS MATTERS
287287 SECTION 3.01. Subchapter A, Chapter 441, Government Code,
288288 is amended by adding Section 441.0135 to read as follows:
289289 Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
290290 1 of each odd-numbered year, the commission shall submit to the
291291 governor and the Legislative Budget Board a written report
292292 regarding all statutorily required reports prepared by and
293293 submitted to a state agency as defined by Section 441.180. The
294294 commission may consult with other state agencies in preparing the
295295 report. A state agency shall cooperate with the commission in
296296 securing the information necessary for preparing the report. The
297297 commission shall prescribe the method by which a state agency
298298 transmits to the commission information necessary to prepare the
299299 report, and may require the information to be submitted using the
300300 state electronic Internet portal. The report must include for each
301301 statutorily required report:
302302 (1) the title of and the agency preparing the report;
303303 (2) the statutory authority requiring the report;
304304 (3) the recipient of the report;
305305 (4) the deadline for submitting the report;
306306 (5) a brief description of the report; and
307307 (6) an assessment from each recipient of the report
308308 whether the report is necessary.
309309 (b) The report required by Subsection (a) must be:
310310 (1) made available to the public; and
311311 (2) indexed by preparing agency, title of report, and
312312 report recipient.
313313 SECTION 3.02. Section 466.105, Government Code, is amended
314314 to read as follows:
315315 Sec. 466.105. APPLICABILITY OF OTHER LAW. [(a) A contract
316316 for the acquisition or provision of facilities, supplies,
317317 equipment, materials, or services related to the operation of the
318318 lottery is not subject to:
319319 [(1) Chapter 2054 or 2254; or
320320 [(2) Subtitle D, Title 10.
321321 [(b)] Notwithstanding the provisions of Title 2, Utilities
322322 Code, the commission may negotiate rates and execute contracts with
323323 telecommunications service providers for the interexchange
324324 services necessary for the operation of the lottery. The
325325 commission may acquire transmission facilities by lease, purchase,
326326 or lease-purchase. The acquisition of transmission facilities must
327327 be done on a competitive bid basis if possible.
328328 SECTION 3.03. Section 662.005(b), Government Code, as
329329 amended by Chapters 109 (S.B. 2214), 765 (H.B. 4504), and 950 (S.B.
330330 1727), Acts of the 88th Legislature, Regular Session, 2023, is
331331 reenacted and amended to read as follows:
332332 (b) Except as provided by Section 662.010, and
333333 notwithstanding Section 659.015 or another law, each of the
334334 following state employees who is required to work on a national or
335335 state holiday that falls on a Saturday or Sunday is entitled to
336336 compensatory time off at the rate of one hour for each hour worked
337337 on the holiday:
338338 (1) an employee of the Department of Family and
339339 Protective Services [in the statewide intake division who receives
340340 reports of abuse or neglect];
341341 (2) a peace officer commissioned or appointed, as
342342 applicable, by a state officer or state agency listed under Article
343343 2A.001, Code of Criminal Procedure;
344344 (3) an employee of the Department of Public Safety
345345 who:
346346 (A) performs communications or dispatch services
347347 related to traffic law enforcement; or
348348 (B) is a public security officer, as that term is
349349 defined by Section 1701.001, Occupations Code; [or]
350350 (4) an employee of the Parks and Wildlife Department
351351 who performs communications and dispatch services to assist law
352352 enforcement officers commissioned by the Parks and Wildlife
353353 Commission in performing law enforcement duties;
354354 (5) an employee of[, or who is employed by] the Texas
355355 Juvenile Justice Department who:
356356 (A) performs [to perform] communication service
357357 duties for the incident reporting center; and
358358 (B) assists [to assist] law enforcement officers
359359 appointed by the office of inspector general of the Texas Juvenile
360360 Justice Department in performing investigative duties; [,] or
361361 (6) [who is employed as] a security officer providing
362362 security and entry searches for secure correctional facilities
363363 operated by the Texas Juvenile Justice Department[,].
364364 SECTION 3.04. Subchapter A, Chapter 2176, Government Code,
365365 is amended by adding Section 2176.007 to read as follows:
366366 Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
367367 The comptroller shall conduct a study on the mail operations of each
368368 state agency in the executive branch of state government that
369369 receives an appropriation. The study must identify provisions of
370370 law relating to the mailing requirements for the agency that impede
371371 the efficient transmission and receipt of documents by the agency.
372372 (b) In conducting the study, the comptroller shall
373373 collaborate with other state agencies to consider the needs or
374374 concerns specific to those agencies.
375375 (c) Not later than November 1, 2026, the comptroller shall
376376 post the findings of the study conducted under this section on the
377377 comptroller's Internet website.
378378 (d) This section expires September 1, 2027.
379379 SECTION 3.05. Section 1951.003(a), Occupations Code, is
380380 amended to read as follows:
381381 (a) In this chapter, a person is engaged in the "business of
382382 structural pest control" if the person performs, offers to perform,
383383 or advertises for or solicits the person's performance of any of the
384384 following services [for compensation], including services
385385 performed as a part of the person's employment:
386386 (1) identifying infestations or making inspections
387387 for the purpose of identifying or attempting to identify
388388 infestations of:
389389 (A) arthropods, including insects, spiders,
390390 mites, ticks, and related pests, wood-infesting organisms,
391391 rodents, weeds, nuisance birds, and any other obnoxious or
392392 undesirable animals that may infest households, railroad cars,
393393 ships, docks, trucks, airplanes, or other structures or their
394394 contents; or
395395 (B) pests or diseases of trees, shrubs, or other
396396 plantings in a park or adjacent to a residence, business
397397 establishment, industrial plant, institutional building, or
398398 street;
399399 (2) making oral or written inspection reports,
400400 recommendations, estimates, or bids with respect to an infestation
401401 described by Subdivision (1); or
402402 (3) making contracts, or submitting bids based on an
403403 inspection for services or performing services designed to prevent,
404404 control, or eliminate an infestation described by Subdivision (1)
405405 by the use of insecticides, pesticides, rodenticides, fumigants,
406406 allied chemicals or substances, or mechanical devices.
407407 SECTION 3.06. Sections 23.1241(a)(1), (2), (7), and (9),
408408 Tax Code, are amended to read as follows:
409409 (1) "Dealer" means a person engaged in the business in
410410 this state of selling[, leasing, or renting] heavy equipment. The
411411 term does not include a bank, savings bank, savings and loan
412412 association, credit union, or other finance company. In addition,
413413 for purposes of taxation of a person's inventory of heavy equipment
414414 in a tax year, the term does not include a person who renders the
415415 person's inventory of heavy equipment for taxation in that tax year
416416 by filing a rendition statement or property report in accordance
417417 with Chapter 22.
418418 (2) "Dealer's heavy equipment inventory" means all
419419 items of heavy equipment that a dealer holds for sale at retail [,
420420 lease, or rent] in this state [during a 12-month period].
421421 (7) "Sales price" means:
422422 (A) the total amount of money paid or to be paid
423423 to a dealer for the purchase of an item of heavy equipment; or
424424 (B) for a purchase pursuant to a lease or rental
425425 with an option to purchase, the total amount of the lease or rental
426426 payments paid during the tax year in which the purchase occurs plus
427427 any final consideration paid or to be paid to the dealer for the
428428 purchase, excluding interest.
429429 (9) "Total annual sales" means the total of the[:
430430 [(A)] sales price for each sale from a dealer's
431431 heavy equipment inventory in a 12-month period[; and
432432 [(B) lease and rental payments received for each
433433 lease or rental of heavy equipment inventory in a 12-month period].
434434 SECTION 3.07. Section 23.1241, Tax Code, is amended by
435435 adding Subsection (a-1) and amending Subsection (e) to read as
436436 follows:
437437 (a-1) For purposes of this section, an item of heavy
438438 equipment is not included in a dealer's heavy equipment inventory
439439 if:
440440 (1) the item was included in the dealer's heavy
441441 equipment inventory on January 1 of the preceding tax year and was
442442 not sold by the dealer in that tax year; and
443443 (2) for 30 days or more during the preceding tax year
444444 the item was either leased or rented by the dealer to one or more
445445 persons or used by any person for its intended purposes not related
446446 to demonstrating or testing the equipment for sale, lease, or rent.
447447 (e) A dealer is presumed to be an owner of a dealer's heavy
448448 equipment inventory on January 1 if, in the 12-month period ending
449449 on December 31 of the preceding year, the dealer sold[, leased, or
450450 rented] an item of heavy equipment to a person other than a dealer.
451451 The presumption is not rebutted by the fact that a dealer has no
452452 item of heavy equipment physically on hand for sale from the
453453 dealer's heavy equipment inventory on January 1.
454454 SECTION 3.08. Sections 23.1242(b), (e), and (f), Tax Code,
455455 are amended to read as follows:
456456 (b) Except for an item of heavy equipment sold to a dealer,
457457 an item of heavy equipment included in a fleet transaction, an item
458458 of heavy equipment that is the subject of a subsequent sale, or an
459459 item of heavy equipment that is subject to a lease or rental, an
460460 owner or a person who has agreed by contract to pay the owner's
461461 current year property taxes levied against the owner's heavy
462462 equipment inventory shall assign a unit property tax to each item of
463463 heavy equipment sold from a dealer's heavy equipment inventory.
464464 [In the case of a lease or rental, the owner shall assign a unit
465465 property tax to each item of heavy equipment leased or rented.] The
466466 unit property tax of each item of heavy equipment is determined by
467467 multiplying the sales price of the item [or the monthly lease or
468468 rental payment received for the item, as applicable,] by the unit
469469 property tax factor. [If the transaction is a lease or rental, the
470470 owner shall collect the unit property tax from the lessee or renter
471471 at the time the lessee or renter submits payment for the lease or
472472 rental. The owner of the equipment shall state the amount of the
473473 unit property tax assigned as a separate line item on an invoice.]
474474 On or before the 20th day of each month the owner shall, together
475475 with the statement filed by the owner as required by this section,
476476 deposit with the collector an amount equal to the total of unit
477477 property tax assigned to all items of heavy equipment sold[,
478478 leased, or rented] from the dealer's heavy equipment inventory in
479479 the preceding month to which a unit property tax was assigned. The
480480 money shall be deposited by the collector to the credit of the
481481 owner's escrow account for prepayment of property taxes as provided
482482 by this section. An escrow account required by this section is used
483483 to pay property taxes levied against the dealer's heavy equipment
484484 inventory, and the owner shall fund the escrow account as provided
485485 by this subsection.
486486 (e) The comptroller by rule shall adopt a dealer's heavy
487487 equipment inventory tax statement form. Each month, a dealer shall
488488 complete the form regardless of whether an item of heavy equipment
489489 is sold[, leased, or rented]. A dealer may use no other form for
490490 that purpose. The statement may include the information the
491491 comptroller considers appropriate but shall include at least the
492492 following:
493493 (1) a description of each item of heavy equipment
494494 sold, [leased, or rented] including any unique identification or
495495 serial number affixed to the item by the manufacturer;
496496 (2) the sales price of [or lease or rental payment
497497 received for] the item of heavy equipment[, as applicable];
498498 (3) the unit property tax of the item of heavy
499499 equipment, if any; and
500500 (4) the reason no unit property tax is assigned if no
501501 unit property tax is assigned.
502502 (f) On or before the 20th day of each month, a dealer shall
503503 file with the collector the statement covering the sale[, lease, or
504504 rental] of each item of heavy equipment sold[, leased, or rented] by
505505 the dealer in the preceding month. On or before the 20th day of a
506506 month following a month in which a dealer does not sell[, lease, or
507507 rent] an item of heavy equipment, the dealer must file the statement
508508 with the collector and indicate that no sales[, leases, or rentals]
509509 were made in the prior month. A dealer shall file a copy of the
510510 statement with the chief appraiser and retain documentation
511511 relating to the disposition of each item of heavy equipment sold
512512 [and the lease or rental of each item of heavy equipment]. A chief
513513 appraiser or collector may examine documents held by a dealer as
514514 provided by this subsection in the same manner, and subject to the
515515 same conditions, as provided by Section 23.1241(g).
516516 SECTION 3.09. Section 156.251(d), Tax Code, is amended to
517517 read as follows:
518518 (d) An amount equal to the amount of revenue derived from
519519 the collection of taxes imposed by this chapter at a rate of
520520 one-half of one percent shall be allocated in the general revenue
521521 fund to be used for:
522522 (1) media advertising and other marketing activities
523523 of the [Tourism Division of the] Texas Economic Development and
524524 Tourism Office; and
525525 (2) the seaport preliminary studies grant program
526526 established under Section 55.0031, Transportation Code [Department
527527 of Commerce. Section 403.094(h), Government Code, does not apply
528528 to funds described in this section. This subsection takes effect
529529 October 1, 1994].
530530 SECTION 3.10. Section 55.002, Transportation Code, is
531531 amended by adding Subsection (b-1) to read as follows:
532532 (b-1) In addition to funding projects under Subsection (a),
533533 the department by rule shall establish a grant program to fund port
534534 security, transportation, or facility projects with money from the
535535 general revenue accounts, bond proceeds if allowed by other law, or
536536 any other money appropriated by the legislature.
537537 SECTION 3.11. Chapter 55, Transportation Code, is amended
538538 by adding Section 55.0031 to read as follows:
539539 Sec. 55.0031. SEAPORT PRELIMINARY STUDIES GRANT PROGRAM.
540540 The department by rule shall establish a program to provide grants
541541 for use in conducting preliminary studies or obtaining permits that
542542 may be required of the grant recipient to receive additional
543543 financial assistance for a port security, transportation, or
544544 facility project.
545545 SECTION 3.12. Section 201.946(d), Transportation Code, is
546546 amended to read as follows:
547547 (d) To the extent money is on deposit in the fund in amounts
548548 that are in excess of the money required by the proceedings
549549 authorizing the obligations and credit agreements to be retained on
550550 deposit, the commission:
551551 (1) shall use the money to retire, before maturity,
552552 the portion of the obligations that are callable; and
553553 (2) may use the money for any purpose for which
554554 obligations may be issued under this subchapter, other than for
555555 toll roads.
556556 SECTION 3.13. Section 23.1241(b-1), Tax Code, is repealed.
557557 SECTION 3.14. The changes in law made by this article that
558558 affect ad valorem taxes apply only to ad valorem taxes imposed for a
559559 tax year beginning on or after January 1, 2026.
560560 SECTION 3.15. The changes in law made by this article
561561 relating to the method of delivery or submission of a notice or
562562 report apply only to a notice or report that is required to be
563563 delivered or submitted on or after the effective date of this Act.
564564 A notice or report required to be delivered or submitted before the
565565 effective date of this Act is governed by the law in effect on the
566566 date the notice or report was required to be delivered or submitted,
567567 and the former law is continued in effect for that purpose.
568568 SECTION 3.16. To the extent of any conflict, this article
569569 prevails over another Act of the 89th Legislature, Regular Session,
570570 2025, relating to nonsubstantive additions to and corrections in
571571 enacted codes.
572572 ARTICLE 4. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE
573573 SECTION 4.01. Effective September 1, 2025, Sections
574574 403.095(b), (d), and (f), Government Code, are amended to read as
575575 follows:
576576 (b) Notwithstanding any law dedicating or setting aside
577577 revenue for a particular purpose or entity, dedicated revenues that
578578 on August 31, 2027 [2025], are estimated to exceed the amount
579579 appropriated by the General Appropriations Act or other laws
580580 enacted by the 89th [88th] Legislature are available for general
581581 governmental purposes and are considered available for the purpose
582582 of certification under Section 403.121.
583583 (d) Following certification of the General Appropriations
584584 Act and other appropriations measures enacted by the 89th [88th]
585585 Legislature, the comptroller shall reduce each dedicated account as
586586 directed by the legislature by an amount that may not exceed the
587587 amount by which estimated revenues and unobligated balances exceed
588588 appropriations. The reductions may be made in the amounts and at the
589589 times necessary for cash flow considerations to allow all the
590590 dedicated accounts to maintain adequate cash balances to transact
591591 routine business. The legislature may authorize, in the General
592592 Appropriations Act, the temporary delay of the excess balance
593593 reduction required under this subsection. This subsection does not
594594 apply to revenues or balances in:
595595 (1) funds outside the treasury;
596596 (2) trust funds, which for purposes of this section
597597 include funds that may or are required to be used in whole or in part
598598 for the acquisition, development, construction, or maintenance of
599599 state and local government infrastructures, recreational
600600 facilities, or natural resource conservation facilities;
601601 (3) funds created by the constitution or a court; or
602602 (4) funds for which separate accounting is required by
603603 federal law.
604604 (f) This section expires September 1, 2027 [2025].
605605 ARTICLE 5. EFFECTIVE DATE
606606 SECTION 5.01. Except as otherwise provided by this Act,
607607 this Act takes effect immediately if it receives a vote of
608608 two-thirds of all the members elected to each house, as provided by
609609 Section 39, Article III, Texas Constitution. If this Act does not
610610 receive the vote necessary for immediate effect, this Act takes
611611 effect on September 1, 2025.