By Gray                                               H.B. No. 2456
         77R8942 T                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation of a pilot program to provide indigent
 1-3     health care services funded by a county sales and use tax.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 324.021(a)-(c), Tax Code, are amended to
 1-6     read as follows:
 1-7           (a)  A county having a population of 50,000 or less, or a
 1-8     county which has adopted a pilot program as authorized under sec.
 1-9     324.082 of this chapter, may adopt or abolish the sales and use tax
1-10     authorized by this chapter at an election held in the county.
1-11           (b)  Unless adopted as part of a pilot program authorized
1-12     under sec. 324.082 of this chapter, a [A] county may not adopt a
1-13     tax under this chapter if as a result of the adoption of the tax
1-14     the combined rate of all sales and use taxes imposed by the county
1-15     and other political subdivisions of this state having territory in
1-16     the county would exceed two percent at any location in the county.
1-17           (c)  If the voters of a county approve the adoption of the
1-18     tax at an election held on the same election date on which another
1-19     political subdivision adopts a sales and use tax or approves the
1-20     increase in the rate of its sales and use tax and as a result the
1-21     combined rate of all sales and use taxes imposed by the county and
1-22     other political subdivisions of this state having territory in the
1-23     county would exceed two percent at any location in the county, the
1-24     election to adopt a sales and use tax under this chapter has no
 2-1     effect, unless the sales and use tax is adopted as part of a pilot
 2-2     program authorized under sec. 324.082 of this chapter.
 2-3           SECTION 2. Section 324.022, Tax Code is amended to read as
 2-4     follows:
 2-5           Sec. 324.022.  TAX RATE. The rate of the tax authorized by
 2-6     this chapter is one-half percent, unless the voters of an eligible
 2-7     county adopt an indigent health care pilot program under Sec.
 2-8     324.082 of this chapter, in which case the rate of the tax may not
 2-9     exceed one percent.
2-10           SECTION 3. Title 3, Subtitle C, Chapter 324, Tax Code, is
2-11     amended by adding Subchapter E to read as follows:
2-12            SUBCHAPTER E.  PILOT PROGRAM FOR INDIGENT HEALTH CARE
2-13           Sec. 324.082.  PILOT PROGRAM AUTHORIZED FOR INDIGENT HEALTH
2-14     CARE. (a)  "Indigent Health Care Pilot Program" is defined as a
2-15     pilot program adopted by a county to provide indigent health care
2-16     services and funded under the tax imposed under this chapter.
2-17           (b)  The commissioners court of a county allocating tax
2-18     revenue to a pilot program authorized under this chapter may adopt
2-19     guidelines for the program which specify that:
2-20                 (1)  the program should provide services for residents
2-21     of the county with no health insurance who are at or below 100% of
2-22     the federal poverty level for secondary or tertiary care services
2-23     and primary care for those residents who are at or below 200% of
2-24     the federal poverty level;
2-25                 (2)  the benefits provided under this program shall
2-26     include primary medical services as outlined in the Indigent Health
2-27     Care Act in Chapter 61, Health and Safety Code, and secondary or
 3-1     tertiary care services as outlined in the state medical assistance
 3-2     program in Chapter 32 of the Human Resources Code;
 3-3                 (3)  the program provide for case management,
 3-4     utilization review, patient outreach services, patient education,
 3-5     and transportation; and
 3-6                 (4)  other appropriate goals and performance measures.
 3-7           Sec. 324.083.  SUNSET PROVISION. Any pilot program adopted
 3-8     under this chapter shall have a sunset date six years from the date
 3-9     the program first provides services to county residents, unless
3-10     otherwise authorized by the voters of the county in an election.
3-11           Sec. 324.084.  STATE AUDITOR REVIEW. The state auditor shall
3-12     have the right to review any pilot program created under this
3-13     chapter and shall report the results to the Legislature.
3-14           SECTION 4.  EFFECTIVE DATE. This Act takes effect immediately
3-15     if it receives a vote of two-thirds of all the members elected to
3-16     each house, as provided by Section 39, Article III, Texas
3-17     Constitution.  If this Act does not receive the vote necessary for
3-18     immediate effect, this Act takes effect September 1, 2001.