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A BILL TO BE ENTITLED
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AN ACT
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relating to districts in certain counties located on the |
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Texas-Mexico border and amending Chapter 288 of the Health and |
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Safety Code. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The title of Chapter 288, Health and Safety Code, |
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is amended to read as follows: |
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CHAPTER 288. [HEALTH CARE FUNDING] DISTRICTS IN CERTAIN COUNTIES |
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LOCATED ON TEXAS-MEXICO BORDER [THAT ARE ADJACENT TO COUNTIES WITH
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POPULATION OF 50,000 OR MORE] |
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SECTION 2. Section 288.001(2), Health and Safety Code, is |
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amended to read as follows: |
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(2) "District" means a county [health care funding
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district created by this chapter] designated by Section 288.002 as |
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a district under this chapter. |
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SECTION 3. Section 288.001(3), Health and Safety Code, is |
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amended to read as follows: |
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(3) "District taxpayer" means an institutional health |
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care provider required to pay the [a person or entity who has paid
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a] tax imposed by [under] this chapter. |
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SECTION 4. Section 288.002, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 288.002. CREATION OF DISTRICT. A district is created |
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in each county located on the Texas-Mexico border that has: |
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(1) a population of 500,000 or more and is adjacent to |
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two or more counties each of which has a population of 50,000 or |
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more; |
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(2) a population of 50,000 or more and is adjacent to a |
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county described in Subsection 1; |
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(3) a population of less than 300,000 and contains one |
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or more municipalities with a population of 200,000 or more; and |
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(4) a population less than 75,000 and is adjacent to |
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the county described in Subsection 2. |
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SECTION 5. Subchapter A, Chapter 288, Health and Safety |
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Code, is amended by adding Section 288.0031 to read as follows: |
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Sec. 288.0031. DISSOLUTION. A district created by this |
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chapter may be dissolved in the manner provided for the dissolution |
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of a hospital district under Subchapter E, Chapter 286. |
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SECTION 6. Section 288.051, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 288.051. [COMMISSION ; APPOINTMENT. (a) ] Each |
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district is governed by a commission, the membership of which is the |
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same as the commissioner's court for the county which comprises the |
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district [of five members appointed as provided by this section.
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(b)
Each county commissioner on the commissioners court of
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the county in which the district is located shall appoint one member
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who meets the qualifications prescribed by Section 288.052 to serve
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on the commission. The county judge of the county shall appoint any
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remaining members who meet the qualifications prescribed by Section
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288.052 to serve on the commission]. |
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SECTION 7. Section 288.102(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) A district may not impose any tax authorized by this |
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chapter[, spend any money, including for the administrative
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expenses of the district, or conduct any other business of the
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commission] without an affirmative vote of a majority of the |
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members of the commission. |
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SECTION 8. Section 288.151, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 288.151. HEARING [BUDGET]. (a) Each year, the |
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commission shall hold a public hearing on [prepare a budget for the
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following fiscal year that includes:
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[(1) proposed expenditures and disbursements;
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[(2) estimated receipts and collections; and
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[(3)] the rates and amounts of any taxes that the |
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commission intends to impose during the year and how the revenue |
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derived from those taxes is to be spent. |
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(b) [The commission shall hold a public hearing on the
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proposed budget.] Not later than the 10th day before the date of |
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the hearing, the commission shall publish at least once notice of |
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the hearing in a newspaper of general circulation in the county in |
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which the district is located. |
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(c) Any district taxpayer is entitled to appear at the time |
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and place designated in the public notice and to be heard regarding |
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any matter related to the taxes imposed by the district [item shown
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in the proposed budget]. |
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SECTION 9. Section 288.154(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) All income received by a district, including tax revenue |
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after deducting discounts and fees for assessing and collecting the |
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taxes, shall be deposited with the district depository as provided |
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by Section 288.203 and may be withdrawn only as provided by this |
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chapter. |
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SECTION 10. Subchapter D, Chapter 288, Health and Safety |
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Code, is amended by adding Sections 288.155 and 288.156 to read as |
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follows: |
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Sec. 288.155. LOCAL PROVIDER PARTICIPATION FUND; |
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AUTHORIZED USES OF MONEY. (a) Each district shall create a local |
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provider participation fund. |
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(b) The local provider participation fund consists of: |
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(1) all revenue from the tax imposed by this chapter, |
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including any penalties and interest from delinquent taxes; |
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(2) money received from the Health and Human Services |
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Commission that is directly related to an intergovernmental |
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transfer from the district to the state for the purpose of |
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providing the nonfederal share of Medicaid supplemental payment |
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program payments; and |
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(3) the earnings of the fund. |
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(c) Money deposited to the local provider participation |
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fund may be used only to: |
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(1) provide the nonfederal share of a Medicaid |
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supplemental payment program; |
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(2) subsidize indigent programs; |
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(3) pay the administrative expenses of the district; |
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(4) refund an amount of tax collected in error from a |
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district taxpayer; and |
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(5) pay to district taxpayers the proportionate share |
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of the money received by the district from the Health and Human |
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Services Commission that is directly related to an |
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intergovernmental transfer from the district to the state for the |
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purpose of providing the nonfederal share of Medicaid supplemental |
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payment program payments to which the district taxpayer is |
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entitled. |
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(d) A commission may use money in the local provider |
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participation fund for the purposes described by Subsection (c)(1) |
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only after the commission receives an assurance from the Health and |
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Human Services Commission that the nonfederal share of Medicaid |
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supplemental payment program payments transferred under that |
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subdivision will be returned to the district. |
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(e) Money in the local provider participation fund may not |
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be used to expand Medicaid eligibility. |
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Sec. 288.156. ALLOCATION OF CERTAIN FUNDS. Not later than |
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the 15th day after the date the district receives a payment |
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described by Section 288.155(c)(5), the district shall transfer to |
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each district taxpayer an amount equal to the proportionate share |
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of those funds to which the taxpayer is entitled. |
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SECTION 11. Section 288.201(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) The commission of a district may impose an annual tax to |
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be assessed quarterly on all outpatient hospital visits to an |
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institutional health care provider located in the district. In the |
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first year in which the tax is imposed, the tax is assessed on the |
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total number of outpatient hospital visits of an institutional |
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health care provider reported to the Department of State Health |
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Services under Sections 311.032 and 311.033 in the fiscal year |
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ending in 2010 [2003]. The district shall update this tax basis with |
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the number of outpatient hospital visits reported on a biennial |
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basis. |
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SECTION 12. Section 288.202(a), Health and Safety Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), the county tax |
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assessor-collector shall collect a tax imposed under this |
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subchapter [unless the commission employs a tax assessor and
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collector for the district]. The county tax assessor-collector |
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shall charge and deduct from taxes collected for the district a fee |
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for collecting the tax in an amount determined by the commission, |
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not to exceed the county tax assessor-collector's usual and |
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customary charges for the collection of similar taxes. |
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SECTION 13. Section 288.203, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 288.203. DEPOSIT [USE] OF TAX REVENUE. Revenue |
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[generated by a district] from the [a] tax imposed by [under] this |
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chapter shall be deposited in the district's local provider |
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participation fund [subchapter may be used only to:
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[(1)
provide the nonfederal share of a Medicaid
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supplemental payment program;
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[(2) subsidize indigent programs; and
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[(3) pay administrative expenses of the district]. |
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SECTION 14. Sections 288.003, 288.004, 288.052, 288.053, |
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288.054, 288.055, 288.056, 288.057, 288.058, 288.103, 288.104(b), |
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288.105, 288.107, 288.153, and 288.206, Health and Safety Code, are |
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repealed. |
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SECTION 12. If before implementing any provision of this |
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Act a state agency determines that a waiver or authorization from a |
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federal agency is necessary for implementation of that provision, |
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the agency affected by the provision shall request the waiver or |
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authorization and may delay implementing that provision until the |
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waiver or authorization is granted. |
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SECTION 13. This Act takes effect September 1, 2013. |