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  By: Coleman H.B. No. 2316
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to county powers, duties, and services, including the
  powers and duties of certain districts, and the authorization of
  certain health care programs and studies.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 26.13, Code of Criminal Procedure, is
  amended by adding Subsection (j) to read as follows:
         (j)  A person who is incarcerated in a facility operated by
  or under contract with the Texas Department of Criminal Justice may
  submit a plea of guilty or plea of nolo contendere regarding a
  misdemeanor charge in writing, transmitted by mail, facsimile, or
  other means. Before accepting a plea under this subsection, the
  court shall make the admonitions required by this article to the
  defendant in writing as provided by Subsection (d).
         SECTION 2.  Section 31.037, Election Code, is amended to
  read as follows:
         Sec. 31.037.  SUSPENSION OR  TERMINATION OF EMPLOYMENT. The
  employment of the county elections administrator may be suspended,
  with or without pay, or terminated at any time for good and
  sufficient cause on the four-fifths vote of the county election
  commission and approval of that action by a majority vote of the
  commissioners court.
         SECTION 3.  Section 552.116(a), Government Code, is amended
  to read as follows:
         (a)  An audit working paper of an audit of the state auditor
  or the auditor of a state agency, an institution of higher education
  as defined by Section 61.003, Education Code, a county, a
  municipality, a school district, a hospital district, or a joint
  board operating under Section 22.074, Transportation Code,
  including any audit relating to the criminal history background
  check of a public school employee, is excepted from the
  requirements of Section 552.021.  If information in an audit
  working paper is also maintained in another record, that other
  record is not excepted from the requirements of Section 552.021 by
  this section.
  SECTION 4.  Section 61.002(5), Health and Safety Code, is
  amended to read as follows:
               (5)  "General revenue levy" means:
                     (A)  the property taxes imposed by a county that
  are not dedicated to:
                           (i)  the construction and maintenance of
  farm-to-market roads under Article VIII, Section 1-a, Texas
  Constitution;
                           (ii)  [or to] flood control under Article
  VIII, Section 1-a, [of the] Texas Constitution;
                           (iii)  [or that are not dedicated to] the
  further maintenance of the public roads under Article VIII, Section
  9, [of the] Texas Constitution; or
                           (iv)  the payment of principal or interest
  on county debt; and
                     (B)  the sales and use tax revenue to be received
  by the county during the calendar year in which the state fiscal
  year begins under Chapter 323, Tax Code, as determined under
  Section 26.041(d), Tax Code.
         SECTION 5.  Section 363.156(b), Local Government Code, is
  amended to read as follows:
         (b)  To the extent competitive bidding procedures in Title 8
  apply, the board may not enter purchasing contracts that involve
  spending more than $50,000 [$25,000] unless the board complies
  with:
               (1)  Subchapter C, Chapter 262, if the district was
  created by a county; or
               (2)  Chapter 252, if the district was created by a
  municipality.
         SECTION 6.  Section 382.002, Local Government Code, is
  amended to read as follows:
         Sec. 382.002.  APPLICABILITY. This chapter applies only to:
               (1)  a county with a population of 1.5 million 
  [825,000] or more, other than a county that:
                     (A)  borders on the Gulf of Mexico or a bay or
  inlet of the gulf; or
                     (B)  has two municipalities located wholly or
  partly in its boundaries each having a population of 225,000 
  [300,000] or more; or
               (2)  a county with a population of 70,000 or more that
  is adjacent to a county described by Subdivision (1) in which a
  municipality with a population of 35,000 or more is primarily
  situated and includes all or a part of the extraterritorial
  jurisdiction of a municipality with a population of 1.1 million or
  more.
         SECTION 7.  Subchapter C, Chapter 382, Local Government
  Code, is amended by adding Section 382.113 to read as follows:
         Sec. 382.113.  ANNEXATION OR EXCLUSION OF LAND. (a)  A
  district may annex or exclude land from the district as provided by
  Subchapter J, Chapter 49, Water Code.
         (b)  Before a district may adopt an order adding or excluding
  land, the district must obtain the consent of:
               (1)  the county that created the district by a
  resolution of the county commissioners court; and
               (2)  a municipality in whose extraterritorial
  jurisdiction the district is located by a resolution adopted by the
  municipality's governing body.
         SECTION 8.  Sections 382.155(b) and (d), Local Government
  Code, are amended to read as follows:
         (b)  If authorized by a county, a district shall impose a
  hotel occupancy tax in the same manner as provided by Chapter 383,
  Local Government Code, and Section 352.107, Tax Code.  Except as
  provided by Subsection (d), [except that] a hotel occupancy tax may
  be used only:
               (1)  for a [may be used for any] purpose described by
  Chapter 352, Tax Code [authorized in this chapter]; and
               (2)  to encourage the development or operation of a
  hotel in the district, including an economic development program
  for or a grant, loan, service, or improvement to a hotel in [is
  authorized by the county to be imposed by] the district.
         (d)  A district may impose a hotel occupancy tax [may not be
  imposed] on the occupants of a hotel and use the revenue from the
  tax for any purpose authorized by this chapter if [unless] the owner
  of the hotel agrees to the imposition of the tax [hotel occupancy
  taxes under this chapter].  After the owner agrees, the agreement
  may not be revoked by the owner of the hotel or any subsequent owner
  of the hotel.  [After an agreement under this section, the district
  may impose hotel occupancy taxes as provided by this chapter.]
         SECTION 9.  Section 387.003, Local Government Code, is
  amended by amending Subsections (a), (b), (b-1), (c), (e), (f), and
  (h) and adding Subsections (a-1), (i), and (j) to read as follows:
         (a)  The commissioners court of the county may call an
  election on the question of creating a county assistance district
  under this chapter. More than one county assistance district may be
  created in a county.
         (a-1)  A district may [to] perform the following functions in
  the district:
               (1)  the construction, maintenance, or improvement of
  roads or highways;
               (2)  the provision of law enforcement and detention
  services;
               (3)  the maintenance or improvement of libraries,
  museums, parks, or other recreational facilities;
               (4)  the provision of services that benefit the public
  health or welfare, including the provision of firefighting and fire
  prevention services; or
               (5)  the promotion of economic development and tourism.
         (b)  The order calling the election must:
               (1)  define the boundaries of the district to include
  any portion of the county in which the combined tax rate of all
  local sales and use taxes imposed, including the rate to be imposed
  by the district if approved at the election, would not exceed the
  maximum combined rate of sales and use taxes imposed by political
  subdivisions of this state that is prescribed by Sections 321.101
  and 323.101, Tax Code [two percent]; and
               (2)  call for the election to be held within those
  boundaries.
         (b-1)  If the proposed district includes any territory of a
  municipality, the commissioners court shall send notice by
  certified mail to the governing body of the municipality of the
  commissioners court's intent to create the district.  If the
  municipality has created a development corporation under Chapter
  504 or 505, the commissioners court shall also send the notice to
  the board of directors of the corporation.  The commissioners court
  must send the notice not later than the 60th day before the date the
  commissioners court orders the election.  The governing body of the
  municipality may exclude the territory of the municipality from the
  proposed district by sending notice by certified mail to the
  commissioners court of the governing body's desire to exclude the
  municipal territory from the district.  The governing body must
  send the notice not later than the 45th day after the date the
  governing body receives notice from the commissioners court under
  this subsection.  The territory of a municipality that is excluded
  under this subsection may subsequently be included in:
               (1)  the district in an election held under Subsection
  (f) with the consent of the municipality; or
               (2)  another district after complying with the
  requirements of this subsection and after an election under
  Subsection (f).
         (c)  The ballot at the election must be printed to permit
  voting for or against the proposition: "Authorizing the creation
  of the ____ County Assistance District No.___ (insert name of
  district) and the imposition of a sales and use tax at the rate of
  ____ [of one] percent (insert [one-eighth, one-fourth,
  three-eighths, or one-half, as] appropriate rate) for the purpose
  of financing the operations of the district."
         (e)  If a majority of the votes received at the election are
  against the creation of the district, the district is not created
  and the county at any time may call one or more elections [another
  election] on the question of creating one or more [a] county
  assistance districts [district may not be held in the county before
  the first anniversary of the most recent election concerning the
  creation of a district].
         (f)  The commissioners court may call an election to be held
  in an area of the county that is not located in a district created
  under this section to determine whether the area should be included
  in the district and whether the district's sales and use tax should
  be imposed in the area.  An election may not be held in an area in
  which the combined tax rate of all local sales and use taxes
  imposed, including the rate to be imposed by the district if
  approved at the election, would exceed the maximum combined rate of
  sales and use taxes imposed by political subdivisions of this state
  that is prescribed by Sections 321.101 and 323.101, Tax Code [two
  percent].
         (h)  If more than one election to authorize a local sales and
  use tax is held on the same day in the area of a proposed district or
  an area proposed to be added to a district and if the resulting
  approval by the voters would cause the imposition of a local sales
  and use tax in any area to exceed the maximum combined rate of sales
  and use taxes of political subdivisions of this state that is
  prescribed by Sections 321.101 and 323.101, Tax Code [two percent],
  only a tax authorized at an election under this section may be
  imposed.
         (i)  In addition to the authority to include an area in a
  district under Subsection (f), the governing body of a district by
  order may include an area in the district on receipt of a petition
  or petitions signed by the owner or owners of the majority of the
  land in the area to be included in the district. If there are no
  qualified voters in the area to be included in the district, no
  election is required.
         (j)  The commissioners court by order may exclude an area
  from the district if the district has no outstanding bonds payable
  wholly or partly from sales and use taxes and the exclusion does not
  impair any outstanding district debt or contractual obligation.
         SECTION 10.  Section 387.005, Local Government Code, is
  amended to read as follows:
         Sec. 387.005.  GOVERNING BODY.  (a)  The commissioners
  court of the county in which the district is created by order shall
  provide that:
               (1)  the commissioners court is the governing body of
  the district; or
               (2)  the commissioners court shall appoint a governing
  body of the district.
         (b)  A member of the governing body of the district
  [commissioners court] is not entitled to compensation for service
  [on the governing body of the district] but is entitled to
  reimbursement for actual and necessary expenses.
         (c)  A board of directors appointed by the commissioners
  court under this section shall consist of five directors who serve
  staggered terms of two years. To be eligible to serve as a
  director, a person must be at least 18 years of age and a resident of
  the county in which the district is located. The initial directors
  shall draw lots to achieve staggered terms, with three of the
  directors serving one-year terms and two of the directors serving
  two-year terms.
         SECTION 11.  Section 387.006(a), Local Government Code, is
  amended to read as follows:
         (a)  A district may:
               (1)  perform any act necessary to the full exercise of
  the district's functions;
               (2)  accept a grant or loan from:
                     (A)  the United States;
                     (B)  an agency or political subdivision of this
  state; or
                     (C)  a public or private person;
               (3)  acquire, sell, lease, convey, or otherwise dispose
  of property or an interest in property under terms determined by the
  district;
               (4)  employ necessary personnel; [and]
               (5)  adopt rules to govern the operation of the
  district and its employees and property; and
               (6)  enter into agreements with municipalities
  necessary or convenient to achieve the district's purposes,
  including agreements regarding the duration, rate, and allocation
  between the district and the municipality of sales and use taxes.
         SECTION 12.  Section 387.007, Local Government Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  A district may not adopt a sales and use tax under this
  chapter if the adoption of the tax would result in a combined tax
  rate of all local sales and use taxes that would exceed the maximum
  combined rate prescribed by Sections 321.101 and 323.101, Tax Code,
  [of more than two percent] in any location in the district.
         (c)  A district may define areas in the district to pay for
  improvements, facilities, or services that primarily benefit that
  area and do not generally and directly benefit the district as a
  whole. The district may impose different rates of sales and use tax
  in each defined area, provided that the sales and use tax rate does
  not exceed the rate approved at an election held under Section
  387.003.
         SECTION 13.  Section 387.009, Local Government Code, is
  amended to read as follows:
         Sec. 387.009.  TAX RATE.  The rate of a tax adopted under
  this chapter must be in increments of one-eighth[, one-fourth,
  three-eighths, or one-half] of one percent.
         SECTION 14.  Sections 387.010(a), (b), and (c), Local
  Government Code, are amended to read as follows:
         (a)  A district that has adopted a sales and use tax under
  this chapter may, by order and subject to Section 387.007(b):
               (1)  reduce [, change] the rate of the tax or repeal the
  tax without an election, except that the district may not repeal the
  sales and use tax or reduce the rate of the sales and use tax below
  the amount pledged to secure payment of an outstanding district
  debt or contractual obligation;
               (2)  increase the rate of the sales and use tax, if the
  increased rate of the sales and use tax will not exceed the rate
  approved at an election held under Section 387.003; or
               (3)  increase the rate of the sales and use tax to a
  rate that exceeds the rate approved at an election held under
  Section 387.003 after [if] the increase [change or repeal] is
  approved by a majority of the votes received in the district at an
  election held for that purpose.
         (b)  The tax may be changed under Subsection (a) in one or
  more increments of one-eighth of one percent [to a maximum of
  one-half of one percent].
         (c)  The ballot for an election to increase [change] the tax
  shall be printed to permit voting for or against the proposition:
  "The increase [change] of a sales and use tax for the ____ County
  Assistance District No. ___ (insert name of district) from the rate
  of ____ [of one] percent (insert [one-fourth, three-eighths, or
  one-half, as] appropriate rate) to the rate of ____ [of one] percent
  (insert [one-fourth, three-eighths, or one-half, as] appropriate
  rate)."
         SECTION 15.  Section 387.012, Local Government Code, is
  amended to read as follows:
         Sec. 387.012.  EFFECTIVE DATE OF TAX.  The adoption of the
  tax, the increase or reduction [change] of the tax rate, or the
  repeal of the tax takes effect on the first day of the first
  calendar quarter occurring after the expiration of the first
  complete quarter occurring after the date the comptroller receives
  a copy of the order of the district's governing body [notice of the
  results of the election] adopting, increasing, reducing 
  [changing], or repealing the tax.
         SECTION 16.  Section 3815.051(a), Special District Local
  Laws Code, is amended to read as follows:
         (a)  The district is governed by a board of 17 [21] directors
  who serve staggered terms of four years, with eight [10] directors'
  terms expiring June 1 of an odd-numbered year and nine [11]
  directors' terms expiring June 1 of the following odd-numbered
  year.
         SECTION 17.  Subchapter B, Chapter 3815, Special District
  Local Laws Code, is amended by adding Section 3815.055 to read as
  follows:
         Sec. 3815.055.  INTERIM DIRECTORS.  (a)  The board serving on
  September 1, 2011, is abolished and is replaced by an interim board
  consisting of the following directors:
 
       Pos. No. Name of Director
 
       1 Alan D. Bergeron
 
       2 Sharone Mayberry
 
       3 James Donatto Sr.
 
       4 Hexser J. Holliday II
 
       5 Osama Abdullatif
 
       6 Skye Thompson
 
       7 Asmara Tekle Johnson
 
       8 Jaa St. Julien
 
       9 Jimmy Arnold
 
       10 Cyeoni Miles
 
       11 Zinetta A. Burney
 
       12 Chris Hageney
 
       13 Teddy A. McDavid
 
       14 Brian G. Smith
 
       15 Robert S. Muhammad
 
       16 Robert C. Combre
 
       17 Janice M. Sibley-Reid
         (b)  The terms of the interim directors expire June 1, 2015.
         (c)  The mayor and the members of the governing body of the
  City of Houston shall appoint successor directors not later than
  June 1, 2015, and shall stagger the terms of the directors, with
  eight of the directors' terms expiring June 1, 2017, and the
  remaining directors' terms expiring June 1, 2019.
         (d)  This section expires September 1, 2015.
         SECTION 18.  (a) The Health and Human Services Commission
  shall study the health care delivery systems used by health care
  providers who are not physicians.
         (b)  The study shall examine using health care providers who
  are not physicians to perform basic emergency and non-emergency
  health care services and preventive health care services within the
  scope of the health care providers' practice and license, including
  evaluating:
               (1)  the potential cost savings of health care
  providers who are not physicians performing these health care
  services;
               (2)  any projected increase in access to health care
  services for underserved communities; and
               (3)  any projected impact on the quality of care for
  persons treated by health care providers who are not physicians.
         (c)  The study conducted under this section must
  specifically address the potential cost savings and other
  foreseeable consequences of expanding the authority of advanced
  practice nurses to prescribe medication to patients.
         (d)  In conducting the study under this section, the
  commission shall consult with:
               (1)  the Texas Medical Board;
               (2)  the Texas Board of Nursing;
               (3)  the Texas Physician Assistant Board;
               (4)  the Midwifery Board;
               (5)  the Texas State Board of Podiatric Medical
  Examiners;
               (6)  the Texas Board of Chiropractic Examiners;
               (7)  the Texas Optometry Board; and
               (8)  any other regulatory body or professional
  association that the department determines would be beneficial to
  consult for the purposes of this study.
         (e)  The commission shall submit a report to the legislature
  on the results of the study conducted under this section not later
  than December 31, 2012. The report shall include any
  recommendations for potential legislation relating to health care
  providers who are not physicians.
         (f)  This section expires September 1, 2013.
         SECTION 19.  (a) An interim committee on health care
  professionals is created to conduct a study of:
               (1)  the value of health care professionals in cost
  containment and access to health care; and
               (2)  potential health care delivery systems that
  include multiple types of providers.
         (b)  The committee is composed of five members as follows:
               (1)  two members appointed by the lieutenant governor,
  one of whom must be a senator and one of whom must be a member of the
  public; and
               (2)  three members appointed by the speaker of the
  house of representatives, two of whom must be representatives and
  one of whom must be a member of the public.
         (c)  The committee shall select a presiding officer and
  convene at the call of the presiding officer.
         (d)  The committee has all other powers and duties provided
  to a special or select committee by the rules of the senate and
  house of representatives, by Subchapter B, Chapter 301, Government
  Code, and by policies of the senate and house committees on
  administration.
         (e)  From the contingent expense fund of the senate and the
  contingent expense fund of the house of representatives equally,
  the members of the committee are entitled to reimbursement for
  expenses incurred in carrying out this section in accordance with
  the rules of the senate and house of representatives and the
  policies of the senate and house committees on administration.
         (f)  Not later than December 1, 2012, the committee shall
  report the committee's findings and recommendations to the
  lieutenant governor, the speaker of the house of representatives,
  and the governor. The committee shall include in its
  recommendations specific statutory and rule amendments that appear
  necessary from the results of the committee's study conducted under
  Subsection (a) of this section.
         (g)  Not later than November 1, 2011, the lieutenant governor
  and the speaker of the house of representatives shall appoint the
  members of the interim committee created under this section.
         (h)  This section expires September 1, 2013.
         SECTION 20.  (a)  The legislature validates and confirms all
  governmental acts and proceedings before the effective date of this
  Act of a district created under Chapter 382, Local Government Code,
  transferred from Subchapter C, Chapter 372, Local Government Code,
  by Chapter 87 (S.B. 1969), Acts of the 81st Legislature, Regular
  Session, 2009, before the effective date of this Act, including
  acts of the district's board of directors.
         (b)  Subsection (a) does not apply to a matter that on the
  effective date of this Act:
               (1)  is involved in litigation, if the litigation
  ultimately results in the matter being held invalid by a final court
  judgment; or
               (2)  has been held invalid by a final court judgment.
         SECTION 21.  (a) Article 26.13(j), Code of Criminal
  Procedure, as added by this Act, applies only to an offense
  committed on or after the effective date of this Act. An offense
  committed before the effective date of this Act is governed by the
  law in effect at the time the offense was committed, and the former
  law is continued in effect for that purpose. For purposes of this
  section, an offense was committed before the effective date of this
  Act if any element of the offense occurred before that date.
         (b)  The change in law made by Section 552.116, Government
  Code, as amended by this Act, applies to an audit working paper
  created before, on, or after the effective date of this Act.
         (c)  The change in law made by Section 363.156, Local
  Government Code, as amended by this Act, applies only to a purchase
  made or contract executed on or after the effective date of this
  Act. A purchase made or contract executed before the effective date
  of this Act is governed by the law in effect immediately before that
  date, and the former law is continued in effect for that purpose.
         SECTION 22.  Section 387.010(d), Local Government Code, is
  repealed.
         SECTION 23.  This Act takes effect September 1, 2011.