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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain healthcare districts; |
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authorizing the issuance of anticipation notes and the imposition |
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of taxes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 803, Government Code, is |
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amended by adding Section 803.204 to read as follows: |
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Sec. 803.204. COMBINED SERVICE CREDIT IN CERTAIN SYSTEMS. |
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(a) This section applies only to an employee who: |
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(1) is a member of a municipal retirement system |
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described by Section 803.0021(1); |
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(2) is employed by a hospital district, a charitable |
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organization created by the hospital district, or an administrative |
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agency created under Section 791.013, either before or after being |
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employed by the employing municipality located in the same county |
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as the hospital district, charitable organization, or |
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administrative agency; and |
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(3) participates in a public retirement system: |
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(A) that is determined to be a qualified plan |
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under Section 401(a), Internal Revenue Code of 1986 (26 U.S.C. |
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Section 401(a)), of a hospital district, charitable organization, |
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or administrative agency that is determined to be a governmental |
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unit, or an agency or an instrumentality of a governmental unit; and |
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(B) that records and reports service credit as |
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defined by Section 803.001. |
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(b) Any service credit earned by an employee described by |
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Subsection (a) with a retirement system established by the hospital |
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district, charitable organization, or administrative agency will |
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be combined under Section 803.201 to determine whether the employee |
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meets the length-of-service requirements for service retirement |
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under the municipal retirement system. |
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(c) On retirement, an employee described by Subsection (a) |
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will receive a benefit from the municipal retirement system as |
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determined by Subchapter D, and if the hospital district or |
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administrative agency has established or participates in a |
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retirement program or the charitable organization has a retirement |
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plan, will receive a benefit from the hospital district, |
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administrative agency, or charitable organization as determined by |
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the terms of the district's, agency's, or organization's retirement |
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plan. |
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SECTION 2. Subdivision (2), Section 1431.001, Government |
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Code, is amended to read as follows: |
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(2) "Eligible countywide district" means a flood |
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control district or a hospital district the boundaries of which are |
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substantially coterminous with the boundaries of a county with a |
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population of three million or more or a hospital district created |
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in a county with a population of more than 800,000 that was not |
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included in the boundaries of a hospital district before September |
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1, 2003. |
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SECTION 3. Section 61.056, Health and Safety Code, is |
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amended by adding Subsection (c) to read as follows: |
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(c) A hospital district created in a county with a |
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population of more than 800,000 that was not included in the |
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boundaries of a hospital district before September 1, 2003, may |
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affiliate with any public or private entity to provide regional |
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administration and delivery of health care services. The regional |
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affiliation, in accordance with the affiliation agreement, shall |
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use money contributed by an affiliated governmental entity to |
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provide health care services to an eligible resident of that |
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governmental entity. |
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SECTION 4. Subchapter B, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.0281 to read as follows: |
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Sec. 281.0281. EMPLOYMENT OF HEALTH CARE PROVIDERS. |
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(a) This section applies only to a district created in a county |
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with a population of more than 800,000 that was not included in the |
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boundaries of a hospital district before September 1, 2003. |
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(b) The board may employ physicians, dentists, or other |
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health care providers as the board considers necessary for the |
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district's efficient operation. |
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(c) This section does not authorize the board to supervise |
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or control the practice of medicine or permit the unauthorized |
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practice of medicine, as prohibited by Subtitle B, Title 3, |
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Occupations Code. |
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SECTION 5. Subchapter C, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.0511 to read as follows: |
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Sec. 281.0511. CONTRACTING AUTHORITY OF CERTAIN DISTRICTS. |
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(a) This section applies only to a district created in a county |
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with a population of more than 800,000 that was not included in the |
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boundaries of a hospital district before September 1, 2003. |
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(b) Notwithstanding Sections 281.050 and 281.051, the board |
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may contract with any person, including a private or public entity |
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or a political subdivision of this state, to provide or assist in |
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the provision of services. |
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SECTION 6. Section 281.0565, Health and Safety Code, is |
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amended by adding Subsection (d) to read as follows: |
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(d) A district created in a county with a population of more |
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than 800,000 that was not included in the boundaries of a hospital |
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district before September 1, 2003, may make a capital or other |
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financial contribution to a charitable organization created by the |
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district to provide regional administration and delivery of health |
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care services to or for the district. |
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SECTION 7. Subchapter G, Chapter 281, Health and Safety |
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Code, is amended by adding Section 281.124 to read as follows: |
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Sec. 281.124. ELECTION TO APPROVE TAX RATE IN EXCESS OF |
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ROLLBACK TAX RATE. (a) This section applies only to a district |
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created in a county with a population of more than 800,000 that was |
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not included in the boundaries of a hospital district before |
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September 1, 2003. |
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(b) The board may hold an election at which the registered |
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voters of the district may approve a tax rate for the current tax |
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year that exceeds the district's rollback tax rate for the year |
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computed under Chapter 26, Tax Code, by a specific rate stated in |
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dollars and cents per $100 of taxable value. |
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(c) An election under this section must be held at least 180 |
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days before the date on which the district's tax rate is adopted by |
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the board. At the election, the ballot shall be prepared to permit |
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voting for or against the proposition: "Approving the ad valorem |
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tax rate of $ (insert total proposed tax rate) per $100 valuation in |
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(insert district name) for the (insert current tax year) tax year, a |
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rate that exceeds the district's rollback tax rate. The proposed ad |
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valorem tax rate exceeds the ad valorem tax rate most recently |
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adopted by the district by $(insert difference between proposed and |
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preceding year's tax rates) per $100 valuation." |
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(d) If a majority of the votes cast in the election favor the |
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proposition, the tax rate for the specified tax year is the rate |
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approved by the voters, and that rate is not subject to a rollback |
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election under Section 26.07, Tax Code. The board shall adopt the |
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tax rate as provided by Chapter 26, Tax Code. |
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(e) If the proposition is not approved as provided by |
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Subsection (c), the board may not adopt a tax rate for the district |
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for the specified tax year that exceeds the rate that was not |
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approved, and Section 26.07, Tax Code, applies to the adopted rate |
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if that rate exceeds the rollback tax rate. |
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(f) Notwithstanding any other law, if a majority of the |
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votes cast in the election favor the proposition, a governing body |
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with approval authority over the district's budget or tax rate may |
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not disapprove the tax rate approved by the voters or disapprove the |
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budget based solely on the tax rate approved by the voters. |
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SECTION 8. Section 162.001, Occupations Code, is amended by |
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adding Subsections (c-4) and (c-5) to read as follows: |
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(c-4) The board shall certify a health organization to |
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contract with or employ physicians licensed by the board if the |
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organization: |
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(1) is a hospital district: |
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(A) recognized by a federal agency as a public |
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entity eligible to receive a grant related to a community or |
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federally qualified health center described by Subdivision (2); and |
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(B) created in a county with a population of more |
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than 800,000 that was not included in the boundaries of a hospital |
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district before September 1, 2003; and |
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(2) is organized and operated as: |
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(A) a migrant, community, or homeless health |
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center under the authority of and in compliance with 42 U.S.C. |
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Section 254b or 254c; or |
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(B) a federally qualified health center under 42 |
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U.S.C. Section 1396d(l)(2)(B). |
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(c-5) This section applies to a hospital district described |
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by Subsection (c-4) only in relation to the hospital district's |
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operations as a community or federally qualified health center |
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described by Subsection (c-4)(2). |
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SECTION 9. Section 281.123, Health and Safety Code, is |
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repealed. |
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SECTION 10. Section 803.204, Government Code, as added by |
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this Act, applies only to a person who retires on or after the |
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effective date of this Act. |
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SECTION 11. This Act takes effect September 1, 2007. |
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