By Thompson                                     H.B. No. 1514

      75R5795 ESH-F                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to county support of paupers.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 81.028, Local Government Code, is amended

 1-5     to read as follows:

 1-6           Sec. 81.028.  CERTAIN POWERS SPECIFIED.  (a)  Each

 1-7     commissioners court may:

 1-8                 (1)  establish public ferries whenever the public

 1-9     interest may require;

1-10                 (2)  lay out and establish, change, discontinue, close,

1-11     abandon, or vacate public roads and highways;

1-12                 (3)  build bridges and keep them in repair;

1-13                 (4)  appoint road overseers and apportion hands;

1-14                 (5)  exercise general control over all roads, highways,

1-15     ferries, and bridges in their counties;

1-16                 (6)  provide for the support of paupers, residents of

1-17     their county, who are unable to support themselves[.  A county is

1-18     obligated to provide health care assistance to eligible residents

1-19     only to the extent prescribed by Chapter 61, Health and Safety

1-20     Code, but that chapter does not affect the authority of a

1-21     commissioners court to provide eligibility standards or other

1-22     requirements relating to other assistance programs or services that

1-23     are not covered by Chapter 61]; and

1-24                 (7)  establish a least cost review program for public

 2-1     improvements to be constructed by use of personnel, equipment, or

 2-2     facilities of the county that may exceed a cost of $100,000 or a

 2-3     lesser amount in the discretion of the commissioners court.

 2-4           (b)  In providing support for paupers as authorized by

 2-5     Subsection (a)(6):

 2-6                 (1)  a county is obligated to provide health care

 2-7     assistance to eligible residents only to the extent prescribed by

 2-8     Chapter 61, Health and Safety Code;

 2-9                 (2)  Chapter 61, Health and Safety Code, does not

2-10     affect the authority of a commissioners court to provide

2-11     eligibility standards or other requirements relating to other

2-12     assistance programs or services that are not covered by that

2-13     chapter; and

2-14                 (3)  a county may establish a claim and lien against

2-15     the estate of a pauper who receives support under this section, but

2-16     may not enforce a claim or lien established under this section if

2-17     the pauper has a surviving spouse, surviving dependent, or

2-18     surviving child with a disability.

2-19           SECTION 2.  This Act takes effect September 1, 1997.

2-20           SECTION 3.  The importance of this legislation and the

2-21     crowded condition of the calendars in both houses create an

2-22     emergency and an imperative public necessity that the

2-23     constitutional rule requiring bills to be read on three several

2-24     days in each house be suspended, and this rule is hereby suspended.