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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties to implement a pilot |
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program to provide certain health care services and to the funding |
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of the program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 324, Tax Code, is amended |
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by adding Section 324.002 to read as follows: |
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Sec. 324.002. APPLICATION OF CERTAIN PROVISIONS TO CERTAIN |
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COUNTIES. Sections 324.021, 324.022, 324.061, and 324.081 do not |
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apply to a county that implements a health care pilot program and |
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adopts a sales and use tax under Subchapter E. |
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SECTION 2. Chapter 324, Tax Code, is amended by adding |
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Subchapter E to read as follows: |
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SUBCHAPTER E. HEALTH CARE PILOT PROGRAM |
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Sec. 324.101. APPLICATION. This subchapter applies only to |
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a county: |
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(1) with a population of more than 240,000 that |
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borders the Gulf of Mexico; |
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(2) in which a countywide hospital district is not |
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located; and |
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(3) in which a public medical school or health science |
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center is located or that contracts or has previously contracted |
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with a public medical school or health science center for health |
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care services the county is required to provide under state law. |
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Sec. 324.102. PILOT PROGRAM FOR HEALTH CARE. (a) The |
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commissioners court of a county may implement a pilot program in the |
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county to provide: |
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(1) secondary and tertiary level services for |
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residents of the county whose family income is not greater than 100 |
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percent of the federal poverty level; and |
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(2) primary level services for residents of the county |
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whose family income is not greater than 200 percent of the federal |
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poverty level. |
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(b) The services the county provides must include: |
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(1) primary and preventive medical services a county |
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is required or authorized to provide under Chapter 61, Health and |
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Safety Code; and |
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(2) secondary or tertiary services the state provides |
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as part of the medical assistance program under Chapter 32, Human |
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Resources Code. |
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(c) As part of the pilot program, the county may provide for |
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case management services, utilization review, patient outreach |
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services, patient education, and patient transportation. |
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(d) The county shall prescribe appropriate goals and |
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performance measures for the program. |
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(e) The county may implement the pilot program only if the |
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voters of the county approve imposition of a sales and use tax under |
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Section 324.103. |
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Sec. 324.103. SALES AND USE TAX. (a) A county may adopt or |
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abolish a sales and use tax authorized by this subchapter to provide |
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funding for a health care pilot program if imposition of the tax is |
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approved at an election called and held for that purpose as provided |
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by Section 324.104. |
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(b) The tax authorized by this subchapter may be imposed in |
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increments of one-eighth of one percent, with a minimum tax rate of |
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one-eighth of one percent and a maximum tax rate of one percent. |
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(c) Sections 323.101(b), (d), and (e) do not apply to the |
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tax imposed under this subchapter. |
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Sec. 324.104. ELECTION PROCEDURE. (a) The commissioners |
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court of the county may call an election to adopt or abolish the tax |
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under this subchapter. The commissioners court shall call an |
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election to adopt or abolish the tax if it receives a petition |
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signed by a number of petitioners equal to at least five percent of |
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the number of registered voters in the county. |
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(b) At the election to adopt the tax, the ballot shall be |
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prepared to permit voting for or against the proposition: "The |
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adoption of a local sales and use tax in (name of county) at the rate |
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of ______ (insert rate) to provide revenue for a health care pilot |
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program." |
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(c) At the election to abolish the tax, the ballot shall be |
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prepared to permit voting for or against the proposition: "The |
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abolishment of the local health care pilot program sales and use tax |
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in (name of county)." |
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Sec. 324.105. REAUTHORIZATION OF PILOT PROGRAM AND TAX. |
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(a) Unless the imposition of the sales and use tax authorized by |
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this subchapter is reauthorized as provided by this section, the |
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tax and the pilot program expire on the 10th anniversary of the date |
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the tax originally took effect. |
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(b) An election to reauthorize the tax is called and held in |
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the same manner as an election to adopt the tax under Section |
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324.104, except the ballot proposition shall be prepared to permit |
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voting for or against the proposition: "The reauthorization of the |
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local sales and use tax in (name of county) at the rate of ______ |
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(insert rate) to continue providing revenue for health care." |
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(c) If an election to reauthorize the tax is not held before |
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the tax expires as provided by Subsection (a), or if a majority of |
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the votes cast in an election to reauthorize the tax do not favor |
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reauthorization, the county may not call an election on the |
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question of authorizing a new tax under this subchapter before the |
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first anniversary of the date on which the tax expired. |
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(d) Not later than the 10th day after the date the county |
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determines that the tax will expire as provided by Subsection (a), |
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the county shall notify the comptroller of the scheduled |
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expiration. The comptroller may delay the scheduled expiration date |
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if the comptroller notifies the county that more time is required. |
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The comptroller must provide a new expiration date that is not |
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later than the last day of the first calendar quarter occurring |
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after the notification to the comptroller. |
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Sec. 324.106. EFFECT OF STATE TAX RATE INCREASE. |
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Notwithstanding any other provision of this subchapter, if the rate |
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of the state sales and use tax imposed under Chapter 151 is |
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increased over the rate of the tax on January 1, 2009, the rate of a |
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tax imposed under this subchapter is automatically decreased on the |
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date the state rate increase takes effect to the highest rate that |
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will not result in a tax rate of more than eight percent when the |
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state sales and use tax and a tax imposed under this subchapter are |
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combined. |
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Sec. 324.107. STATE AUDITOR REVIEW. The state auditor |
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shall review a pilot program created under this subchapter and |
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report the auditor's findings to the legislature. |
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Sec. 324.108. USE OF TAX REVENUE. Revenue from the tax |
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imposed under this subchapter may be used only to provide funding |
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for a health care pilot program created by the county as provided by |
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this subchapter. |
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Sec. 324.109. EXPIRATION. This subchapter expires |
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September 2, 2019. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |