|
|
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. Sections 375.003(3) and (4), Local Government |
|
Code, are amended to read as follows: |
|
(3) "Commission" means the Texas Commission on |
|
Environmental Quality [Natural Resource Conservation Commission]. |
|
(4) "Disadvantaged business" means: |
|
(A) a corporation formed for the purpose of |
|
making a profit and at least 51 percent of all classes of the shares |
|
of stock or other equitable securities of which are owned by one or |
|
more persons who are socially disadvantaged because of their |
|
identification as members of certain groups that have suffered the |
|
effects of discriminatory practices or similar insidious |
|
circumstances over which they have no control, including black |
|
Americans, Hispanic Americans, women, Asian Pacific Americans, and |
|
American Indians; |
|
(B) a sole proprietorship formed for the purpose |
|
of making a profit that is owned, operated, and controlled |
|
exclusively by one or more persons described by Paragraph (A); |
|
(C) a partnership that is formed for the purpose |
|
of making a profit, in which 51 percent of the assets and interest |
|
in the partnership is owned by one or more persons described by |
|
Paragraph (A), and in which minority or women partners have a |
|
proportionate interest in the control, operation, and management of |
|
the partnership affairs; |
|
(D) a joint venture between minority and women's |
|
group members formed for the purpose of making a profit and the |
|
minority participation in which is based on the sharing of real |
|
economic interest, including equally proportionate control over |
|
management, interest in capital, and interest earnings, other than |
|
a joint venture in which majority group members own or control debt |
|
securities, leasehold interest, management contracts, or other |
|
interests; [or] |
|
(E) a supplier contract between persons |
|
described in Paragraph (A) and a prime contractor in which the |
|
disadvantaged business is directly involved for the manufacture or |
|
distribution of the supplies or materials or otherwise for |
|
warehousing and shipping the supplies; or |
|
(F) a person certified as a disadvantaged |
|
business by: |
|
(i) this state; |
|
(ii) a political subdivision of this state; |
|
or |
|
(iii) a regional planning commission, |
|
council of governments, or similar regional planning agency created |
|
under Chapter 391. |
|
SECTION 7. Section 375.022(c), Local Government Code, is |
|
amended to read as follows: |
|
(c) The petition must: |
|
(1) describe the boundaries of the proposed district: |
|
(A) by metes and bounds; |
|
(B) by verifiable landmarks, including a road, |
|
creek, or railroad line; or |
|
(C)[,] if there is a recorded map or plat and |
|
survey of the area, by lot and block number; |
|
(2) state the specific purposes for which the district |
|
will be created; |
|
(3) state the general nature of the work, projects, or |
|
services proposed to be provided, the necessity for those services, |
|
and the costs as estimated by the persons filing the petition; |
|
(4) include a name of the district, which must be |
|
generally descriptive of the location of the district, followed by |
|
"Management District" or "Improvement District"; |
|
(5) include a proposed list of initial directors that |
|
includes the directors' experience and initial term of service; and |
|
(6) include a resolution of the governing body of the |
|
municipality in support of the creation of the district. |
|
SECTION 8. Section 375.043, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.043. ANNEXATION. A district may annex land as |
|
provided by Section 49.301 and Chapter 54, Water Code, subject to |
|
the approval of the governing body of the municipality. |
|
SECTION 9. Section 375.044(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) The board shall call a hearing on the exclusion of land |
|
or other property from the district if a signed petition evidencing |
|
the consent of the owners of a majority of the acreage in the |
|
district, according to the most recent certified tax roll of the |
|
county, is filed [landowner or property owner in the district
|
|
files] with the secretary of the board [a written petition] |
|
requesting the hearing before the issuance of bonds. |
|
SECTION 10. Section 375.061, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.061. NUMBER OF DIRECTORS; TERMS. A district is |
|
governed by a board of at least five [nine] but not more than 30 |
|
directors who serve staggered four-year terms. |
|
SECTION 11. Section 375.071, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.071. QUORUM. One-half of the serving directors |
|
constitutes a quorum, and a concurrence of a majority of a quorum of |
|
directors is required for any official action of the district. The |
|
written consent of at least two-thirds of the directors is required |
|
to authorize the levy of assessments, the levy of taxes, the |
|
imposition of impact fees, or the issuance of bonds. |
|
SECTION 12. Section 375.091, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.091. GENERAL POWERS OF DISTRICT. [(a)] A district |
|
has the rights, powers, privileges, authority, and functions |
|
conferred by the general law of this state applicable to |
|
conservation and reclamation districts created under Article XVI, |
|
Section 59, of the Texas Constitution, including those conferred by |
|
Chapter 54, Water Code. |
|
[(b)
The district may contract and manage its affairs and
|
|
funds for any corporate purpose in accordance with Chapter 54,
|
|
Water Code.
|
|
[(c)
The district has all the rights, powers, privileges,
|
|
authority, and functions of road districts and road utility
|
|
districts created pursuant to Article III, Section 52, of the Texas
|
|
Constitution, including the power to levy ad valorem taxes for the
|
|
construction, maintenance, and operation of macadamized, graveled,
|
|
or paved roads and turnpikes, or in aid thereof. This power
|
|
includes the power to levy ad valorem taxes to provide for mass
|
|
transit systems in the manner and subject to the limitations
|
|
provided in Article III, Section 52, and Article III, Section
|
|
52(a), of the Texas Constitution.
|
|
[(d)
A district has those powers conferred by Chapters 365
|
|
and 441, Transportation Code, and the additional rights,
|
|
privileges, authority, and functions contained in those chapters.] |
|
SECTION 13. Subchapter E, Chapter 375, Local Government |
|
Code, is amended by adding Sections 375.0921 and 375.0922 to read as |
|
follows: |
|
Sec. 375.0921. AUTHORITY FOR ROAD PROJECTS. (a) Under |
|
Section 52, Article III, Texas Constitution, a district may design, |
|
acquire, construct, finance, issue bonds for, improve, operate, |
|
maintain, and convey to this state, a county, or a municipality for |
|
operation and maintenance macadamized, graveled, or paved roads, or |
|
improvements, including storm drainage, in aid of those roads. |
|
(b) The district may impose ad valorem taxes to provide for |
|
mass transit systems in the manner and subject to the limitations |
|
provided by Section 52, Article III, and Section 52-a, Article III, |
|
Texas Constitution. |
|
Sec. 375.0922. ROAD STANDARDS AND REQUIREMENTS. (a) A road |
|
project must meet all applicable construction standards, zoning and |
|
subdivision requirements, and regulations of each municipality in |
|
whose corporate limits or extraterritorial jurisdiction the road |
|
project is located. |
|
(b) If a road project is not located in the corporate limits |
|
or extraterritorial jurisdiction of a municipality, the road |
|
project must meet all applicable construction standards, |
|
subdivision requirements, and regulations of each county in which |
|
the road project is located. |
|
(c) If the state will maintain and operate the road, the |
|
Texas Transportation Commission must approve the plans and |
|
specifications of the road project. |
|
SECTION 14. Section 375.097(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The board may appoint a hearings examiner to conduct any |
|
hearing called by the board, including a hearing required by |
|
Chapter 395. The hearings examiner may be an employee or contractor |
|
of the district, or a member of the district's board. |
|
SECTION 15. Subchapter E, Chapter 375, Local Government |
|
Code, is amended by adding Section 375.098 to read as follows: |
|
Sec. 375.098. DISTRICT ACT OR PROCEEDING PRESUMED VALID. |
|
(a) A governmental act or proceeding of a district is conclusively |
|
presumed, as of the date it occurred, valid and to have occurred in |
|
accordance with all applicable statutes and rules if: |
|
(1) the third anniversary of the effective date of the |
|
act or proceeding has expired; and |
|
(2) a lawsuit to annul or invalidate the act or |
|
proceeding has not been filed on or before that third anniversary. |
|
(b) This section does not apply to: |
|
(1) an act or proceeding that was void at the time it |
|
occurred; |
|
(2) an act or proceeding that, under a statute of this |
|
state or the United States, was a misdemeanor or felony at the time |
|
the act or proceeding occurred; |
|
(3) a rule that, at the time it was passed, was |
|
preempted by a statute of this state or the United States, including |
|
Section 1.06 or 109.57, Alcoholic Beverage Code; or |
|
(4) a matter that on the effective date of this |
|
section: |
|
(A) is involved in litigation if the litigation |
|
ultimately results in the matter being held invalid by a final |
|
judgment of a court; or |
|
(B) has been held invalid by a final judgment of a |
|
court. |
|
SECTION 16. Section 375.112(a)(1), Local Government Code, |
|
is amended to read as follows |
|
(1) landscaping, lighting, banners, and signs; |
|
streets and sidewalks; pedestrian skywalks, crosswalks, and |
|
tunnels; seawalls; marinas; drainage and navigation improvements; |
|
pedestrian malls; solid waste, water, sewer and power facilities, |
|
including electrical, gas, steam, cogeneration, and chilled water |
|
facilities; parks, plazas, lakes, rivers, bayous, ponds, and |
|
recreation and scenic areas; historic areas; fountains; works or |
|
art; off-street parking facilities, bus terminals, heliports, and |
|
mass transit systems; theatres, studios, exhibition halls, |
|
production facilities and ancillary facilities in support of the |
|
foregoing; and the cost of any demolition in connection with |
|
providing any of the improvement projects; |
|
SECTION 17. Section 375.114, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.114. PETITION REQUIRED. The board may not finance |
|
services and improvement projects under this chapter unless a |
|
written petition has been filed with the board requesting those |
|
improvements or services signed by: |
|
(1) the owners of 50 percent or more of the assessed |
|
value of the property in the district subject to assessment, |
|
according to [as determined from] the most recent certified county |
|
property tax rolls; or |
|
(2) the owners of 50 percent or more of the surface |
|
area of the district, excluding roads, streets, highways, and |
|
utility rights-of-way, other public areas, and any other property |
|
exempt from assessment under Section 375.162 or 375.163, according |
|
to [as determined from] the most recent certified county property |
|
tax rolls. |
|
SECTION 18. Section 375.202(e), Local Government Code, is |
|
amended to read as follows: |
|
(e) If provided by the bond order or resolution, the |
|
proceeds from the sale of bonds may be used to pay interest on the |
|
bonds during and after the period of the acquisition or |
|
construction of any improvement project to be provided through the |
|
issuance of the bonds, to pay administrative and operation expenses |
|
to create a reserve fund for the payment of the principal of and |
|
interest on the bonds, to pay costs associated with the issuance of |
|
the bonds, and to create any other funds. The proceeds of the bonds |
|
may be placed on time deposit or invested, until needed, in |
|
securities in the manner provided by the bond order or resolution. |
|
SECTION 19. Section 375.205(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The district shall submit bonds and the appropriate |
|
proceedings authorizing their issuance to the attorney general for |
|
examination. This subsection applies only to bonds that are public |
|
securities, as that term is defined by Section 1202.001, Government |
|
Code. |
|
SECTION 20. Subchapter J, Chapter 375, Local Government |
|
Code, is amended by adding Section 375.209 to read as follows: |
|
Sec. 375.209. TAXES FOR BONDS. At the time the district |
|
issues bonds payable wholly or partly from ad valorem taxes, the |
|
board shall provide for the annual imposition of a continuing |
|
direct annual ad valorem tax, without limit as to rate or amount, |
|
while all or part of the bonds are outstanding as required and in |
|
the manner provided by Sections 54.601 and 54.602, Water Code. |
|
SECTION 21. Section 375.221, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.221. APPLICABILITY OF WATER DISTRICTS LAW TO |
|
COMPETITIVE BIDDING ON CERTAIN [PUBLIC WORKS] CONTRACTS. (a) |
|
Except as provided by Subsection (b) of this section, Subchapter I, |
|
Chapter 49, Water Code, applies to a district contract for |
|
construction work, equipment, materials, or machinery. |
|
(b) [A contract, other than a contract for services, for
|
|
more than $50,000 for the construction of improvements or the
|
|
purchase of material, machinery, equipment, supplies, and other
|
|
property, except real property, may be entered into only after
|
|
competitive bids. Notice of the contract for the purpose of
|
|
soliciting bids shall be published once a week for two consecutive
|
|
weeks in a newspaper with general circulation in the area in which
|
|
the district is located. The first publication of notice must be
|
|
not later than the 14th day before the date set for receiving bids.] |
|
The board may adopt rules governing receipt of bids and the award of |
|
the contract and providing for the waiver of the competitive bid |
|
requirement if: |
|
(1) there is an emergency; |
|
(2) the needed materials are available from only one |
|
source; |
|
(3) in a procurement requiring design by the supplier |
|
competitive bidding would not be appropriate and competitive |
|
negotiation, with proposals solicited from an adequate number of |
|
qualified sources, would permit reasonable competition consistent |
|
with the nature and requirements of the procurement; or |
|
(4) after solicitation, it is ascertained that there |
|
will be only one bidder. |
|
[(b)
If a proposed contract for works, plant improvements,
|
|
facilities other than land, or the purchase of equipment,
|
|
appliances, materials, or supplies is for an estimated amount of
|
|
more than $50,000 or for a duration of more than two years,
|
|
competitive sealed proposals shall be asked from at least three
|
|
persons.] |
|
SECTION 22. Section 375.263(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) The [Except as limited by Section 375.264, the] |
|
governing body of a municipality in which a district is wholly |
|
located, by a vote of not less than two-thirds of its membership, |
|
may adopt an ordinance dissolving the district. |
|
SECTION 23. Section 375.264, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 375.264. LIMITATION ON DISSOLUTION BY BOARD. A |
|
district may not be dissolved by its board [or by a municipality] if |
|
the district has any outstanding bonded indebtedness until that |
|
bonded indebtedness has been repaid or defeased in accordance with |
|
the order or resolution authorizing the issuance of the bonds. |
|
SECTION 24. Subchapter N, Chapter 375, Local Government |
|
Code, is amended by adding Section 375.282 to read as follows: |
|
Sec. 375.282. STRATEGIC PARTNERSHIP AGREEMENT. A district |
|
with territory in the extraterritorial jurisdiction of a |
|
municipality may negotiate and enter into a written strategic |
|
partnership with the municipality under Section 43.0751. |
|
SECTION 25. 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 26. 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) This |
|
section applies only to a district created by a county described by |
|
Section 382.002(1). |
|
(b) A district may annex or exclude land from the district |
|
as provided by Subchapter J, Chapter 49, Water Code. |
|
(c) 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 27. 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 that
|
|
a hotel occupancy tax:
|
|
(1) may be used for any purpose authorized in this |
|
chapter; and |
|
(2) is authorized by the county to be imposed by the |
|
district. |
|
(d) A hotel occupancy tax imposed by a district in a county |
|
described by Section 382.002(1) may be used: |
|
(1) for a purpose described by Chapter 352, Tax Code; |
|
or |
|
(2) to encourage the development or operation of a |
|
hotel in the district, including an economic development program |
|
for a grant, loan, service or improvement to a hotel in the district |
|
[may not be imposed on the occupants of a hotel unless the owner of
|
|
the hotel agrees to the imposition of the 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 28. Subchapter D, Chapter 382, Local Government |
|
Code, is amended by adding Section 382.1555 to read as follows: |
|
Sec. 382.1555. USE OF HOTEL OCCUPANCY TAX FOR ANY PURPOSE. |
|
(a) If authorized by a county, a district may impose a hotel |
|
occupancy tax under Section 382.155 and use the revenue from the tax |
|
for any purpose authorized by this chapter if the owner of the hotel |
|
agrees to the imposition of the tax. |
|
(b) After the owner agrees, the agreement may not be revoked |
|
by the owner of the hotel or any subsequent owner of the hotel. |
|
(c) To the extent of a conflict with Section 382.155(d), |
|
this section controls. |
|
SECTION 29. 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 30. 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 31. 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 32. Section 387.007, Local Government Code, is |
|
amended by amending Subsection (b) 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. |
|
SECTION 33. 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 34. 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 35. 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 36. 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 37. 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 |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
(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 38. (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 39. (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 40. (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 41. (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. |
|
(d) The change in law made by this Act to Section 375.221, |
|
Local Government Code, applies only to a contract awarded on or |
|
after January 1, 2012. A contract awarded before January 1, 2012, |
|
is governed by the law in effect on the date the contract was |
|
awarded, and that law is continued in effect for that purpose. |
|
SECTION 42. Sections 375.021, 375.027, 375.064(f), and |
|
387.010(d), Local Government Code, are repealed. |
|
SECTION 43. This Act takes effect September 1, 2011. |
|
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* * * * * |