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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Chapter 511,
Government Code, is amended by adding Section 511.019 to read as follows:
Sec. 511.019. COUNTY JAIL
STUDY. (a) The commission shall conduct a study of county jails to
investigate:
(1) the impact
homelessness has on the county jail population;
(2) innovative ways to
address overcrowding; and
(3) innovative ways to
address inmates undergoing detoxification and withdrawal from drugs and alcohol
during confinement.
(b) Not later than
December 1, 2014, the commissioner shall prepare and deliver a report to
the governor, lieutenant governor, speaker of the house of representatives,
and presiding officer of each standing committee of the senate and house of
representatives having primary jurisdiction over matters relating to
criminal justice and corrections that contains:
(1) a summary of the study
conducted under this section; and
(2) the recommendations of
the commission based on the results of the study, including recommendations
of any legislation that is needed to implement the recommendations.
(c) This section expires
September 1, 2015.
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No
equivalent provision.
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SECTION 2. Subchapter B,
Chapter 531, Government Code, is amended by adding Section 531.094 to read
as follows:
Sec. 531.094. MAXIMIZATION
OF COUNTY INDIGENT HEALTH CARE FUNDING. (a) If feasible and cost-effective,
the commission shall apply for a modification of or amendment to the waiver
under Chapter 537 as necessary to more efficiently leverage the use of
county funds to maximize the receipt of federal Medicaid matching funds to
provide counties in the state with additional funding to provide indigent
health care under Chapter 61, Health and Safety Code.
(b) In pursuing the waiver
modification or amendment required under this section, the commission
shall:
(1) solicit broad-based
input from interested persons; and
(2) employ the use of
intergovernmental transfers and other procedures to maximize the receipt of
federal Medicaid matching funds.
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No
equivalent provision.
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SECTION 3. Subchapter Z,
Chapter 5, Local Government Code, is amended by adding Section 5.905 to
read as follows:
Sec. 5.905. INVENTORY OF
SERVICES REQUIRED BEFORE INCORPORATION. (a) Before a community may
incorporate under this subtitle, a comprehensive inventory of police, fire,
and emergency medical services provided by public or private entities in
the area proposed to be incorporated must be prepared. The inventory must
include for each service:
(1) the average dispatch
and delivery time;
(2) a schedule of
equipment, including vehicles;
(3) a staffing schedule
that discloses the certification and training levels of personnel; and
(4) a summary of operating
and capital expenditures.
(b) The inventory must be
filed with the county clerk of the county in which the area proposed for
incorporation is located on or before the 60th day before the date of the
incorporation election. The county clerk shall make the inventory available
for public inspection.
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No
equivalent provision.
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SECTION 4. The heading to
Chapter 242, Local Government Code, is amended to read as follows:
CHAPTER 242. AUTHORITY OF
MUNICIPALITY AND COUNTY TO REGULATE SUBDIVISIONS AND PROPERTY
DEVELOPMENT [IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL JURISDICTION]
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No
equivalent provision.
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SECTION 5. Chapter 242, Local
Government Code, is amended by designating Sections 242.001, 242.0015, and
242.002 as Subchapter A and adding a heading for Subchapter A to read as
follows:
SUBCHAPTER A. AUTHORITY TO
REGULATE SUBDIVISIONS IN AND OUTSIDE MUNICIPALITY'S EXTRATERRITORIAL
JURISDICTION
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No
equivalent provision.
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SECTION 6. Chapter 242, Local
Government Code, is amended by adding Subchapter B to read as follows:
SUBCHAPTER B. DEVELOPMENT
REGULATIONS IN CERTAIN COUNTIES AND MUNICIPALITIES
Sec. 242.051. APPLICABILITY.
This subchapter applies only to:
(1) a county that includes
territory located within 50 miles of an international border; or
(2) a municipality located
in that county if:
(A) the county does not
exercise in the municipality's extraterritorial jurisdiction the authority
described by this subchapter; and
(B) the county by
resolution authorizes the municipality to exercise in the municipality's
extraterritorial jurisdiction the authority described by this subchapter.
Sec. 242.052. REGULATORY
AUTHORITY. (a) The commissioners court of a county to which this subchapter
applies may, by order, regulate residential land development in the
unincorporated area of the county. The governing body of a municipality to which
this subchapter applies may, by ordinance, regulate residential land
development in the municipality's extraterritorial jurisdiction. By this
authority, the commissioners court or governing body may prevent the
proliferation of colonias by:
(1) adopting regulations
relating to:
(A) maximum densities,
including the size of lots;
(B) the height, number of
stories, size, or number of buildings or other structures that may be
located on a lot or tract;
(C) the location of
buildings and other structures on a lot or tract; and
(D) the preparation of a
plan for utility development, environmental effect and adaptation, utility
extension, and capacity planning and providing financial analysis of said
plan; and
(2) adopting building
codes to promote safe and uniform building, plumbing, and electrical
standards.
(b) If a tract of land is
appraised as agricultural or open-space land by the appraisal district, the
commissioners court or governing body may not regulate land development on
that tract under the authority granted by Subsection (a)(1)(B), (a)(1)(C),
or (a)(2).
(c) The authority granted
under this section does not authorize the commissioners court or governing
body to adopt an order regulating commercial property that is
uninhabitable.
(d) The authority granted
under this section does not authorize the commissioners court or governing
body to adopt an order that limits or otherwise impairs the rights of
individuals or entities in the exploration, development, or production of
oil, gas, or other minerals.
Sec. 242.053. BUILDING
PERMITS. (a) The county or municipality, as appropriate, shall issue a
building permit if the person submitting the application for the permit:
(1) files information
relating to the location of the residence;
(2) files the building plans
for the residence; and
(3) complies with the
applicable regulations relating to the issuance of the permit.
(b) The county or
municipality may charge a reasonable building permit fee.
(c) The county or
municipality shall deposit fees collected under this section in an account
in its general fund and dedicate the fees to the building permit program. The
funds in the account may be used only for the purpose of administering the
building permit program.
Sec. 242.054. MUNICIPAL
ORDINANCE PREVAILS OVER COUNTY ORDER. If an order adopted by the county
under this subchapter conflicts with an ordinance of a municipality, the
municipal ordinance prevails within the municipality's jurisdiction to the
extent of the conflict.
Sec. 242.055. EXISTING
AUTHORITY UNAFFECTED. The authority granted by this subchapter does not
affect the authority of the commissioners court or governing body to adopt
an order or ordinance under other law.
Sec. 242.056. INJUNCTION. The
county or municipality, in a suit brought by the appropriate attorney
representing the county or municipality in the district court, is entitled
to appropriate injunctive relief to prevent the violation or threatened
violation of the entity's order or ordinance adopted under this subchapter
from continuing or occurring.
Sec. 242.057. PENALTY;
EXCEPTION. (a) A person commits an offense if the person violates a
restriction or prohibition imposed by an order or ordinance adopted under
this subchapter. An offense under this section is a Class C misdemeanor.
(b) It is an exception to
the application of this section that:
(1) the person is an
owner-occupant of a residential dwelling that is classified by the Texas
Department of Housing and Community Affairs as a low-income household;
(2) the dwelling was
constructed before the effective date of this subchapter;
(3) the violation related
to a building standard or building code for that dwelling; and
(4) the county or
municipality, as appropriate:
(A) did not make available
to the person a grant or loan in an amount sufficient to cure the
violation; or
(B) made available to the
person a loan that was sufficient to cure the violation but that caused the
housing expenses of the person to exceed 30 percent of the person's net
income.
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No
equivalent provision.
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SECTION 7. Subchapter A,
Chapter 351, Local Government Code, is amended by adding Section 351.016 to
read as follows:
Sec. 351.016. REPORT ON
HOMELESS INDIVIDUALS. Each county shall submit to the Commission on Jail
Standards on or before the fifth day of each month a report that contains
the number of homeless individuals confined in the county jail.
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No
equivalent provision.
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SECTION 8. Section
383.003(a), Local Government Code, is amended to read as follows:
(a) Counties [Small
and medium-sized counties] in this state need incentives for the
development of public improvements to attract visitors and tourists [to
those counties], and those counties are at a disadvantage in competing
with counties in other states for the location and development of projects
that attract visitors by virtue of the availability and prevalent use of
financial incentives in other states.
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No
equivalent provision.
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SECTION 9. Section
383.021(a), Local Government Code, is amended to read as follows:
(a) The commissioners court
of a county [with a population of 400,000 or less], on petition of
the owners of land in a proposed district, may commence the creation of a
county development district.
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No
equivalent provision.
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SECTION 10. Section 391.001,
Local Government Code, is amended by adding Subsection (c) to read as
follows:
(c) This chapter shall be
interpreted broadly to:
(1) ensure that the intent
and purpose of this chapter is achieved; and
(2) encourage
collaboration between regional planning commissions and agencies that
provide social service programs to maximize available funding.
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No
equivalent provision.
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SECTION 11. Section 13.084,
Water Code, is amended to read as follows:
Sec. 13.084. AUTHORITY OF
GOVERNING BODY; COST REIMBURSEMENT. The governing body of any municipality,
[or] the commissioners court of an affected county, or the
commissioners court of a county authorized to intervene under Section
13.1871 has [shall have] the right to select and engage rate
consultants, accountants, auditors, attorneys, engineers, or any
combination of these experts to conduct investigations, present evidence,
advise and represent the governing body, and assist with litigation on
water and sewer utility ratemaking proceedings. The water and sewer utility
engaged in those proceedings shall be required to reimburse the governing
body or the commissioners court for the reasonable costs of those services
and shall be allowed to recover those expenses through its rates with
interest during the period of recovery.
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No
equivalent provision.
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SECTION 12. Section 13.187(e),
Water Code, is amended to read as follows:
(e) If, before the 91st day
after the effective date of the rate change, the regulatory authority
receives a complaint from a county authorized to intervene under Section
13.1871, any affected municipality, or from the lesser of 1,000 or 10
percent of the ratepayers of the utility over whose rates the regulatory
authority has original jurisdiction, the regulatory authority shall set the
matter for hearing.
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No
equivalent provision.
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SECTION 13. Subchapter F,
Chapter 13, Water Code, is amended by adding Section 13.1871 to read as
follows:
Sec. 13.1871. RIGHT OF
COUNTY TO INTERVENE. A county, on behalf of water rate payers in
unincorporated areas of the county, may intervene as a party in a rate
proceeding under this subchapter.
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No
equivalent provision.
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SECTION 14. The change in law
made by Sections 13.084 and 13.187(e), Water Code, as amended by this Act,
and Section 13.1871, Water Code, as added by this Act, applies only to an
original rate proceeding in which the initial hearing is held on or after
September 1, 2013. A proceeding in which the initial hearing is held before
September 1, 2013, is governed by the law in effect immediately before the
effective date of this Act, and that law is continued in effect for that
purpose.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 1. Section
25.0005(c), Government Code, is amended to read as follows:
(c) The salary shall be paid
in:
(1) equal monthly
installments; or
(2) equal biweekly
installments if authorized by the commissioners court.
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No
equivalent provision.
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SECTION 2. Section 31.004,
Government Code, is amended to read as follows:
Sec. 31.004. EQUAL [MONTHLY]
INSTALLMENTS. The compensation authorized by this chapter shall be paid in:
(1) equal monthly
installments; or
(2) equal biweekly
installments if authorized by the commissioners courts in the counties of
the court of appeals district.
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No
equivalent provision.
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SECTION 3. Section 32.001(b),
Government Code, is amended to read as follows:
(b) The compensation shall be
paid [in monthly installments] from the county general fund or other
available funds of the county in:
(1) monthly installments;
or
(2) biweekly installments
if authorized by the commissioners court.
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No
equivalent provision.
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SECTION 4. Section 43.180(e),
Government Code, is amended to read as follows:
(e) The Commissioners Court
of Harris County shall pay the district attorney a salary of not less than
$35,000 a year. The county salary shall be paid in equal biweekly [monthly]
installments.
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No
equivalent provision.
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SECTION 5. Section 61.036,
Health and Safety Code, is amended by adding Subsections (d) and (e) to
read as follows:
(d) Regardless of the
application, documentation, and verification procedures or eligibility
standards established by the department under Subchapter A, a county may
credit an intergovernmental transfer to the state toward eligibility for
state assistance if the transfer was made:
(1) to provide health care
services as part of a waiver program under 42 U.S.C. Section 1315 or 1396n;
or
(2) as part of the state
plan for disproportionate share hospitals under 42 U.S.C. Section 1396r-4
or 1 T.A.C. Section 355.8065.
(e) A county may not
credit toward eligibility for state assistance any intergovernmental transfer
made under Subsection (d)(1) or (2) that, separately or in combination,
exceeds six percent of the county's general revenue levy in any state
fiscal year.
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No
equivalent provision.
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SECTION 6. Section
152.904(e), Local Government Code, is amended to read as follows:
(e) The Commissioners Court
of Harris County shall set the annual salary of the county judge at an
amount that is not less than $1,000 more than the total annual salary
received by county criminal court at law judges in the county. The salary
shall be paid in [12] equal biweekly [monthly]
installments.
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No
equivalent provision.
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SECTION 7. Section 209.004,
Property Code, is amended by adding Subsection (a-1) to read as follows:
(a-1) The county clerk of
each county in which a management certificate is filed as required by this
section shall record the management certificate in the real property
records of the county and index the document as a "Property Owners'
Association Management Certificate."
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No
equivalent provision.
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SECTION 8. (a) The change in
law made by this Act to Section 61.036, Health and Safety Code, applies
only to state assistance for health care services under Chapter 61, Health
and Safety Code, as amended by this Act, that are delivered on or after the
effective date of this Act. State assistance for health care services under
Chapter 61, Health and Safety Code, that are delivered before the effective
date of this Act is governed by the law as it existed immediately before
the effective date of this Act, and that law is continued in effect for
that purpose.
(b) To ensure that all
management certificates are recorded and indexed in accordance with Section
209.004(a-1), Property Code, as added by this Act, on or after September 1,
2013, and not later than January 1, 2014, each property owners' association
that is subject to Section 209.004, Property Code, immediately before
September 1, 2013, shall file the association's management certificate
under that section, regardless of whether the association filed a
management certificate before September 1, 2013. This section does not
affect the time in which a property owners' association is required to file
the association's management certificate under Section 209.004, Property
Code, as amended by this Act, if the association's initial duty to file the
management certificate arises on or after September 1, 2013.
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SECTION 15. This Act takes
effect September 1, 2013.
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SECTION 9. Same as introduced
version.
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