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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 1001.201,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013, is amended by adding Subdivisions
(4) and (5) to read as follows:
(4) "School district
employee" means a principal, assistant principal, educator, teacher's
aide, counselor, nurse, or school bus driver employed by a school district.
(5) "School resource
officer" has the meaning assigned by Section 1701.601, Occupations
Code.
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No
equivalent provision.
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SECTION 2. Sections
1001.203(a) and (c), Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, are amended to
read as follows:
(a) To the extent funds are
appropriated to the department for that purpose, the department shall make
grants to local mental health authorities to provide an approved mental
health first aid training program, administered by mental health first aid
trainers, at no cost to school district employees and school resource
officers [educators].
(c) Subject to the limit
provided by Subsection (b), out of the funds appropriated to the department
for making grants under this section, the department shall grant $100 to a
local mental health authority for each school district employee or
school resource officer [educator] who successfully completes a
mental health first aid training program provided by the authority under
this section.
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No
equivalent provision.
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SECTION 3. Section 1001.205,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013, is amended to read as follows:
Sec. 1001.205. REPORTS.
(a) Not later than August 31 [July 1] of each year, a local
mental health authority shall provide to the department the number of:
(1) employees and
contractors of the authority who were trained as mental health first aid
trainers under Section 1001.202 during the preceding calendar year;
(2) educators, school
district employees other than educators, and school resource officers
who completed a mental health first aid training program offered by the
authority under Section 1001.203 during the preceding calendar year; and
(3) individuals who are not school
district employees or school resource officers [educators] who
completed a mental health first aid training program offered by the
authority during the preceding calendar year.
(b) Not later than September
30 [August 1] of each year, the department shall compile the
information submitted by local mental health authorities as required by
Subsection (a) and submit a report to the legislature containing the number
of:
(1) authority employees and
contractors trained as mental health first aid trainers during the
preceding calendar year;
(2) educators, school
district employees other than educators, and school resource officers
who completed a mental health first aid training program provided by an
authority during the preceding calendar year; and
(3) individuals who are not school
district employees or school resource officers [educators] who
completed a mental health first aid training program provided by an
authority during the preceding calendar year.
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No
equivalent provision.
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SECTION 4. Section 263.152,
Local Government Code, is amended by adding Subsection (c) to read as
follows:
(c) Disposal under
Subsection (a)(3) may be accomplished through a recycling program under
which the property is collected, separated, or processed and returned to
use in the form of raw materials in the production of new products.
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No
equivalent provision.
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SECTION 5. The heading to
Section 271.9051, Local Government Code, is amended to read as follows:
Sec. 271.9051. CONSIDERATION
OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN
MUNICIPALITIES AND COUNTIES.
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No
equivalent provision.
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SECTION 6. Sections
271.9051(a), (b), and (c), Local Government Code, are amended to read as
follows:
(a) This section applies only
to a municipality or county that is authorized under this title to
purchase real property or personal property that is not affixed to real
property.
(b) In purchasing under this
title any real property, personal property that is not affixed to real property,
or services, if a municipality or county receives one or more
competitive sealed bids from a bidder whose principal place of business is
in the municipality or county and whose bid is within five percent
of the lowest bid price received by the municipality or county from
a bidder who is not a resident of the municipality or county, the
municipality or county may enter into a contract for construction
services in an amount of less than $100,000 or a contract for other
purchases in an amount of less than $500,000 with:
(1) the lowest bidder; or
(2) the bidder whose
principal place of business is in the municipality or county if the
governing body of the municipality or county determines, in writing,
that the local bidder offers the municipality or county the best
combination of contract price and additional economic development
opportunities for the municipality or county created by the contract
award, including the employment of residents of the municipality or
county and increased tax revenues to the municipality or county.
(c) This section does not
prohibit a municipality or county from rejecting all bids.
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No
equivalent provision.
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SECTION 7. Section 271.9051,
Local Government Code, as amended by this Act, applies only to a contract
for which the initial notice soliciting bids is given on or after the
effective date of this Act. A contract for which the initial notice
soliciting bids is given before the effective date of this Act is governed
by the law in effect when the initial notice is given, and the former law
is continued in effect for that purpose.
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SECTION 15. This Act takes
effect September 1, 2013.
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SECTION 8. This Act takes
effect September 1, 2015.
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