HBA-LJP C.S.H.B. 2456 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 2456
By: Gray
Ways & Means
4/20/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

In 1985, the 69th Texas Legislature enacted the Indigent Health Care and
Treatment Act to provide for a county to fund medical indigence health care
through the general revenue fund of the county which is comprised of
property and sales and use taxes.  If the county spends at least eight
percent of the general revenue fund on medical indigence health care, the
county is then eligible for state assistance.  However, only counties with
a population of 50,000 or less are authorized to adopt or abolish the sales
and use tax for county health services by election and the rate of these
taxes can not exceed one-half percent. 

Because of the limit on the imposition of sales and use taxes for county
health services that the county uses to fund the County Indigent Health
Care program (program), other health care services in the county may need
to become responsible for services that the program provides to the
indigent population in the county. C.S.H.B. 2456 creates the indigent
health care pilot program which is adopted by a county, on voter approval,
and authorizes certain counties to fund the pilot program by a sales and
use tax for county health services at a rate of one percent. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

C.S.H.B. 2456 amends the Tax Code to create the indigent health care
program as a pilot program (pilot program) adopted by a county to provide
indigent health care services that are funded by sale and use tax for
county health services.  The bill provides that pilot program only applies
to counties with a population of more than 200,000 in which a hospital
district is not located and in which a public medical school or health
science center is located.  The bill authorizes the commissioners court of
a county whose voters approve a sales and use tax imposed for county health
services to implement the pilot program to provide secondary and tertiary
level services to residents of the county according to the state medical
assistance program whose family income is not greater than 100 percent of
the federal poverty level and to provide primary level services and
preventive medical services according to the Indigent Health Care Act to
residents of the county whose family income is not greater than 200 percent
of the federal poverty level. The bill provides that as part of the pilot
program, the county is authorized to provide case management services,
utilization review, patient outreach, patient education, and patient
transportation.  The bill also requires a county to prescribe appropriate
goals and performance measures for the program. 

The bill authorizes a county that has adopted a pilot program to adopt or
abolish the sales and use tax for county health services at an election
held in the county and provides that the rate of the tax is one percent.
The bill authorizes the commissioners court of the county that has adopted
a pilot program to adopt or abolish the sales and use tax for county health
services at an election held in the county.  The bill requires the
commissioners court to call an election to adopt or abolish the tax if the
commissioners court receives a petition signed by a number of petitioners
equal to at least five percent of the number of registered voters in the
county.  The bill also sets forth provisions regarding the ballot of an
election to adopt or abolish the  sales and use tax.  The bill provides
that the revenue from the imposed sales and use tax may only be used to
provide funding for a pilot program created by a county.  The bill sets
forth that any other provisions regulating the sales and use tax imposed by
a county, including taxes imposed for county health services, are not
applicable to the sales and use tax imposed for a pilot program. 

The bill sets forth provisions relating to the reauthorization by election
of the pilot program and the sales and use tax before the sixth anniversary
that the sales and use tax took effect.  The bill requires a county to
notify the comptroller of public accounts (comptroller) of a scheduled
expiration not later than the 10th day after the county determines that the
tax will expire.  The bill authorizes the comptroller to delay the
scheduled expiration date if more time is required and provides that the
comptroller must provide a new expiration date that is not later than the
last day of the first calendar quarter following the notification to the
comptroller by the county.  The bill also authorizes the state auditor to
review any pilot program adopted and to report the results of the pilot
program to the legislature. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2456 amends the original to provide that the indigent health care
pilot program (pilot program) applies only to counties with a population of
more than 200,000 in which a hospital district is not located and in which
a public medical school or health science center is located.  The
substitute also requires a county, rather than authorizing a commissioners
court, to prescribe appropriate goals and performance measures for the
pilot program. 

C.S.H.B. 2456 authorizes the commissioners court of a county to implement a
pilot program only if the voters approve, by election, of a sales and use
tax imposed for county health services and the substitute sets forth
provisions regarding the election to approve of or abolish the tax.  The
substitute removes the provision that the rate of the sales and use tax for
county health services is one-half percent and may not exceed one percent.
The substitute provides that the sales and use tax rate is one percent.
The substitute provides that the revenue from the imposed sales and use tax
may only be used to provide funding for a pilot program.  The substitute
also provides that any other provisions regulating the sales and use tax
imposed by a county, including taxes imposed for county health services,
are not applicable to the sales and use tax imposed for a pilot program. 

C.S.H.B. 2456 removes provisions regarding the sunset of any pilot program
and sets forth provisions relating to the reauthorization by election of a
pilot program and the imposed sales and use tax by the sixth anniversary
that the tax took effect.  The substitute also authorizes, rather than
requires, the state auditor to have the right to review any pilot program
adopted and to report the results of the pilot program to the legislature.