77R12544 CBH-F                           
         By Gray, Eiland, et al.                               H.B. No. 2456
         Substitute the following for H.B. No. 2456:
         By Craddick                                       C.S.H.B. No. 2456
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of certain counties to implement a pilot
 1-3     program to provide certain indigent health care services and to the
 1-4     funding of the program.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1. Subchapter A, Chapter 324, Tax Code, is amended by
 1-7     adding Section 324.002 to read as follows:
 1-8           Sec. 324.002.  APPLICATION OF CERTAIN PROVISIONS TO CERTAIN
 1-9     COUNTIES. Sections 324.021, 324.022, 324.061, and 324.081 do not
1-10     apply to a county that implements an indigent health care pilot
1-11     program and adopts a sales and use tax under Subchapter E.
1-12           SECTION 2. Chapter 324, Tax Code, is amended by adding
1-13     Subchapter E to read as follows:
1-14              SUBCHAPTER E.  INDIGENT HEALTH CARE PILOT PROGRAM
1-15           Sec. 324.101.  APPLICATION. This subchapter applies only to a
1-16     county:
1-17                 (1)  with a population of more than 200,000;
1-18                 (2)  in which a hospital district is not located; and
1-19                 (3)  in which a public medical school or health science
1-20     center is located.
1-21           Sec. 324.102.  PILOT PROGRAM FOR INDIGENT HEALTH CARE. (a)
1-22     The commissioners court of a county may implement a pilot program
1-23     in the county to provide:
1-24                 (1)  secondary and tertiary level services for
 2-1     residents of the county whose family income is not greater than 100
 2-2     percent of the federal poverty level; and
 2-3                 (2)  primary level services for residents of the county
 2-4     whose family income is not greater than 200 percent of the federal
 2-5     poverty level.
 2-6           (b)  The services the county provides must include:
 2-7                 (1)  primary and preventive medical services a county
 2-8     is required or authorized to provide under Chapter 61, Health and
 2-9     Safety Code; and
2-10                 (2)  secondary or tertiary services the state provides
2-11     as part of the medical assistance program under Chapter 32, Human
2-12     Resources Code.
2-13           (c)  As part of the pilot program, the county may provide for
2-14     case management services, utilization review, patient outreach
2-15     services, patient education, and patient transportation.
2-16           (d)  The county shall prescribe appropriate goals and
2-17     performance measures for the program.
2-18           (e)  The county may implement the pilot program only if:
2-19                 (1)  the voters of the county approve imposition of a
2-20     sales and use tax under Section 324.103; or
2-21                 (2)  funding for the program is available under Section
2-22     324.107.
2-23           Sec. 324.103.  SALES AND USE TAX. (a)  A county may adopt or
2-24     abolish a sales and use tax authorized by this subchapter to
2-25     provide funding for an indigent health care pilot program if
2-26     imposition of the tax is approved at an election called and held
2-27     for that purpose as provided by Section 324.104.
 3-1           (b)  The tax authorized by this subchapter may be imposed in
 3-2     increments of one-eighth of one percent, with a minimum tax rate of
 3-3     one-eighth of one percent and a maximum tax rate of one percent.
 3-4           (c)  Sections 323.101(b), (d), and (e) do not apply to the
 3-5     tax imposed under this subchapter.
 3-6           Sec. 324.104.  ELECTION PROCEDURE. (a)  The commissioners
 3-7     court of the county may call an election to adopt or abolish the
 3-8     tax under this subchapter.  The commissioners court shall call an
 3-9     election to adopt or abolish the tax if it receives a petition
3-10     signed by a number of petitioners equal to at least five percent of
3-11     the number of registered voters in the county.
3-12           (b)  At the election to adopt the tax, the ballot shall be
3-13     prepared to permit voting for or against the proposition:  "The
3-14     adoption of a local sales and use tax in (name of county) at the
3-15     rate of ______ (insert rate) to provide revenue for an indigent
3-16     health care pilot program."
3-17           (c)  At the election to abolish the tax, the ballot shall be
3-18     prepared to permit voting for or against the proposition:  "The
3-19     abolishment of the local indigent health care pilot program sales
3-20     and use tax in (name of county)."
3-21           Sec. 324.105.  REAUTHORIZATION OF PILOT PROGRAM AND TAX. (a)
3-22     Unless the imposition of the  sales and use tax authorized by this
3-23     subchapter is reauthorized as provided by this section, the tax and
3-24     the pilot program expire on the sixth anniversary of the date the
3-25     tax originally took effect.
3-26           (b)  An election to reauthorize the tax is called and held in
3-27     the same manner as an election to adopt the tax under Section
 4-1     324.104, except the ballot proposition shall be prepared to permit
 4-2     voting for or against the proposition:  "The reauthorization of the
 4-3     local sales and use tax in (name of county) at the rate of ______
 4-4     (insert rate) to continue providing revenue for indigent health
 4-5     care."
 4-6           (c)  If an election to reauthorize the tax is not held before
 4-7     the tax expires as provided by Subsection (a), or if a majority of
 4-8     the votes cast in an election to reauthorize the tax do not favor
 4-9     reauthorization, the county may not call an election on the
4-10     question of authorizing a new tax under this subchapter before the
4-11     first anniversary of the date on which the tax expired.
4-12           (d)  Not later than the 10th day after the date the county
4-13     determines that the tax will expire as provided by Subsection (a),
4-14     the county shall notify the comptroller of the scheduled
4-15     expiration. The comptroller may delay the scheduled expiration date
4-16     if the comptroller notifies the county that more time is required.
4-17     The comptroller must provide a new expiration date  that is not
4-18     later than the last day of the first calendar quarter occurring
4-19     after the notification to the comptroller.
4-20           Sec. 324.106.  EFFECT OF STATE TAX RATE INCREASE.
4-21     Notwithstanding any other provision of this subchapter, if the rate
4-22     of the state sales and use tax imposed under Chapter 151 is
4-23     increased over the rate of the tax on January 1, 2001, the rate of
4-24     a tax imposed under this subchapter is automatically decreased on
4-25     the date the state rate increase takes effect to the highest rate
4-26     that will not result in a tax rate of more than 7-1/4 percent when
4-27     the state sales and use tax and a tax imposed under this subchapter
 5-1     are combined.
 5-2           Sec. 324.107.  SUSPENSION OF TAX UNDER CERTAIN CIRCUMSTANCES.
 5-3     (a)  Notwithstanding any other provision of this subchapter, a
 5-4     county shall suspend collection of the tax imposed under this
 5-5     subchapter during any state fiscal year for which the state
 5-6     legislature appropriates at least $6 million to fund the indigent
 5-7     health care pilot program in that county.
 5-8           (b)  The county shall notify the comptroller if the tax will
 5-9     be suspended under this section.  The suspension takes effect on
5-10     the first day of the fiscal year for which the legislature
5-11     appropriates money and ends on the last day of that fiscal year.
5-12           Sec. 324.108.  STATE AUDITOR REVIEW. The state auditor shall
5-13     review a pilot program created under this subchapter and report the
5-14     auditor's findings to the legislature.
5-15           Sec. 324.109.  USE OF TAX REVENUE. Revenue from the tax
5-16     imposed under this subchapter may be used only to provide funding
5-17     for an indigent health care pilot program created by the county as
5-18     provided by this subchapter.
5-19           Sec. 324.110.  EXPIRATION. This subchapter expires September
5-20     1, 2007.
5-21           SECTION 3. Chapter 26, Tax Code, is amended by adding Section
5-22     26.0435 to read as follows:
5-23           Sec. 26.0435.  EFFECTIVE TAX RATE IN COUNTY IMPOSING INDIGENT
5-24     HEALTH CARE PILOT PROGRAM SALES AND USE TAX. (a)  Except as
5-25     provided by Subsection (b), in the tax year in which a county has
5-26     set an election on the question of whether to impose a local sales
5-27     and use tax under Subchapter E, Chapter 324, the officer or
 6-1     employee designated to make the calculations provided by Section
 6-2     26.04 may not make those calculations until the outcome of the
 6-3     election is determined.  If the election is determined in favor of
 6-4     the imposition of the tax, the representative shall subtract from
 6-5     the county's rollback and effective tax rates the amount that, if
 6-6     applied to the county's current total value, would impose an amount
 6-7     equal to 50 percent of the amount the county spent on health care
 6-8     services under Sections 61.028 and 61.0285, Health and Safety Code,
 6-9     during the previous tax year, as reported to the Texas Department
6-10     of Health under Section 61.041, Health and Safety Code.
6-11           (b)  If the election to impose the local sales and use tax
6-12     under Subchapter E, Chapter 324, is scheduled to be held after
6-13     October 1, the county shall apply the provisions of Subsection (a)
6-14     during the next tax year.
6-15           (c)  In a tax year to which this section applies, a reference
6-16     in this chapter to the county's effective or rollback tax rate
6-17     refers to that rate as adjusted under this section.
6-18           SECTION 4.  This Act takes effect immediately if it receives
6-19     a vote of two-thirds of all the members elected to each house, as
6-20     provided by Section 39, Article III, Texas Constitution.  If this
6-21     Act does not receive the vote necessary for immediate effect, this
6-22     Act takes effect September 1, 2001.