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A BILL TO BE ENTITLED
|
|
AN ACT
|
|
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relating to issues affecting counties and certain other |
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governmental entities; authorizing fees. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 1, Family Code, is amended |
|
by adding Section 1.109 to read as follows: |
|
Sec. 1.109. CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF |
|
INFORMAL MARRIAGE PROHIBITED. (a) This state or a political |
|
subdivision of this state may not use any funds to issue, enforce, |
|
or recognize a marriage license or declaration of informal marriage |
|
for a union other than a union between one man and one woman. |
|
(b) An employee or official of this state or a political |
|
subdivision of this state may not issue, enforce, or recognize a |
|
marriage license or declaration of informal marriage for a union |
|
other than a union between one man and one woman. |
|
(c) This state or a political subdivision of this state may |
|
not use any funds to enforce an order requiring the issuance, |
|
enforcement, or recognition of a marriage license or declaration of |
|
informal marriage for a union other than a union between one man and |
|
one woman. |
|
SECTION 2. Effective September 1, 2015, Subchapter H, |
|
Chapter 51, Government Code, is amended by adding Section 51.712 to |
|
read as follows: |
|
Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN |
|
KAUFMAN COUNTY. (a) This section applies only to district courts, |
|
statutory probate courts, county courts at law, and justice courts |
|
in Kaufman County. |
|
(b) Except as otherwise provided by this section and in |
|
addition to all other fees authorized or required by other law, the |
|
clerk of a court shall collect a filing fee of not more than $15 in |
|
each civil case filed in the court to be used for the construction, |
|
renovation, or improvement of the facilities that house the Kaufman |
|
courts collecting the fee. |
|
(c) Court fees due under this section shall be collected in |
|
the same manner as other fees, fines, or costs are collected in the |
|
case. |
|
(d) The clerk shall send the fees collected under this |
|
section to the county treasurer or to any other official who |
|
discharges the duties commonly assigned to the county treasurer at |
|
least as frequently as monthly. The treasurer or other official |
|
shall deposit the fees in a special account in the county treasury |
|
dedicated to the construction, renovation, or improvement of the |
|
facilities that house the courts collecting the fee. |
|
(e) This section applies only to fees for a 12-month period |
|
beginning July 1, if the commissioners court: |
|
(1) adopts a resolution authorizing a fee of not more |
|
than $15; and |
|
(2) files the resolution with the county treasurer or |
|
with any other official who discharges the duties commonly assigned |
|
to the county treasurer not later than June 1 immediately preceding |
|
the first 12-month period during which the fees are to be collected. |
|
(f) A resolution adopted under Subsection (e) continues |
|
from year to year until July 1, 2030, allowing the county to collect |
|
fees under the terms of this section until the resolution is |
|
rescinded. |
|
(g) The commissioners court may rescind a resolution |
|
adopted under Subsection (e) by adopting a resolution rescinding |
|
the resolution and submitting the rescission resolution to the |
|
county treasurer or to any other official who discharges the duties |
|
commonly assigned to the county treasurer not later than June 1 |
|
preceding the beginning of the first day of the county fiscal year. |
|
The commissioners court may adopt an additional resolution in the |
|
manner provided by Subsection (e) after rescinding a previous |
|
resolution under that subsection. |
|
(h) A fee established under a particular resolution is |
|
abolished on the earlier of: |
|
(1) the date a resolution adopted under Subsection (e) |
|
is rescinded as provided by Subsection (g); or |
|
(2) July 1, 2030. |
|
SECTION 3. Effective September 1, 2015, Subchapter D, |
|
Chapter 101, Government Code, is amended by adding Section |
|
101.061193 to read as follows: |
|
Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT |
|
FACILITIES: GOVERNMENT CODE. The clerk of a district court in |
|
Kaufman County shall collect an additional filing fee of not more |
|
than $15 under Section 51.712, Government Code, in civil cases to |
|
fund the construction, renovation, or improvement of court |
|
facilities, if authorized by the county commissioners court. |
|
SECTION 4. Effective September 1, 2015, Subchapter E, |
|
Chapter 101, Government Code, is amended by adding Section |
|
101.081196 to read as follows: |
|
Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES FOR |
|
COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory county |
|
court in Kaufman County shall collect an additional filing fee of |
|
not more than $15 under Section 51.712, Government Code, in civil |
|
cases to fund the construction, renovation, or improvement of court |
|
facilities, if authorized by the county commissioners court. |
|
SECTION 5. Effective September 1, 2015, Subchapter F, |
|
Chapter 101, Government Code, is amended by adding Section |
|
101.101191 to read as follows: |
|
Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES |
|
FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a statutory |
|
probate court in Kaufman County shall collect an additional filing |
|
fee of not more than $15 under Section 51.712, Government Code, in |
|
civil cases to fund the construction, renovation, or improvement of |
|
court facilities, if authorized by the county commissioners court. |
|
SECTION 6. Effective September 1, 2015, Subchapter H, |
|
Chapter 101, Government Code, is amended by adding Section 101.143 |
|
to read as follows: |
|
Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT |
|
FACILITIES COLLECTED BY CLERK. The clerk of a justice court in |
|
Kaufman County shall collect an additional filing fee of not more |
|
than $15 under Section 51.712, Government Code, in civil cases to |
|
fund the construction, renovation, or improvement of court |
|
facilities, if authorized by the county commissioners court. |
|
SECTION 7. Section 1502.056, Government Code, is amended by |
|
adding Subsection (a-1) to read as follows: |
|
(a-1) For a municipality in a county that contains an |
|
international border and borders the Gulf of Mexico, the first lien |
|
against the revenue of a municipally owned utility system that |
|
secures the payment of public securities issued or obligations |
|
incurred under this chapter also applies to funding, as a necessary |
|
operations expense, for a bill payment assistance program for the |
|
utility system's customers who: |
|
(1) have been determined by the municipality to be |
|
low-income customers; |
|
(2) are military veterans who have significantly |
|
decreased abilities to regulate their bodies' core temperatures |
|
because of severe burns received in combat; or |
|
(3) are elderly and low-income customers as determined |
|
by the municipality. |
|
SECTION 8. Section 194.001, Health and Safety Code, is |
|
amended by adding Subsection (c) to read as follows: |
|
(c) A county clerk may not file, and the vital statistics |
|
unit may not enter into the vital statistics system, a document copy |
|
described by Subsection (a) or (b) that is associated with a union |
|
other than a union between one man and one woman. If the vital |
|
statistics unit determines that the document copy is associated |
|
with a union other than a union between one man and one woman, the |
|
vital statistics unit shall provide the document copy to the |
|
attorney general. |
|
SECTION 9. Section 285.101, Health and Safety Code, is |
|
amended by amending Subsection (a) and adding Subsection (b-1) to |
|
read as follows: |
|
(a) This subchapter applies only to a hospital, hospital |
|
district, or authority created and operated under Article IX, Texas |
|
Constitution, under a special law, or under this title [that is
|
|
located in:
|
|
[(1) a county with a population of 35,000 or less;
|
|
[(2)
those portions of extended municipalities that
|
|
the federal census bureau has determined to be rural; or
|
|
[(3)
an area that is not delineated as an urbanized
|
|
area by the federal census bureau]. |
|
(b-1) A facility or service under Subsection (b) may be |
|
located or offered, as applicable, in any location that the |
|
governing body of the hospital, hospital district, or authority |
|
considers to be in the best interest of the hospital, hospital |
|
district, or authority, subject to any limitation imposed by: |
|
(1) a rule of the Department of State Health Services; |
|
or |
|
(2) an order of the commissioners court of a county in |
|
which any part of the facility will be located or the service will |
|
be offered, if the county in which any part of the facility will be |
|
located or the service will be offered does not have a public |
|
hospital, hospital district, or hospital authority. |
|
SECTION 10. Section 288.001(4), Health and Safety Code, is |
|
amended to read as follows: |
|
(4) "Institutional health care provider" means a |
|
nonpublic hospital that provides inpatient hospital services |
|
[licensed under Chapter 241]. |
|
SECTION 11. Subtitle D, Title 4, Health and Safety Code, is |
|
amended by adding Chapter 291 to read as follows: |
|
CHAPTER 291. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
|
CERTAIN COUNTIES BORDERING ARKANSAS |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 291.001. DEFINITIONS. In this chapter: |
|
(1) "Institutional health care provider" means a |
|
nonpublic hospital that provides inpatient hospital services. |
|
(2) "Paying hospital" means an institutional health |
|
care provider required to make a mandatory payment under this |
|
chapter. |
|
(3) "Program" means the county health care provider |
|
participation program authorized by this chapter. |
|
Sec. 291.002. APPLICABILITY. This chapter applies only to |
|
a county that: |
|
(1) is not served by a hospital district or a public |
|
hospital; |
|
(2) is located on the state border with Arkansas; and |
|
(3) has a population of more than 90,000. |
|
Sec. 291.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
|
provider participation program authorizes a county to collect a |
|
mandatory payment from each institutional health care provider |
|
located in the county to be deposited in a local provider |
|
participation fund established by the county. Money in the fund may |
|
be used by the county to fund certain intergovernmental transfers |
|
and indigent care programs as provided by this chapter. |
|
(b) The commissioners court may adopt an order authorizing a |
|
county to participate in the program, subject to the limitations |
|
provided by this chapter. |
|
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
|
Sec. 291.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
|
PAYMENT. The commissioners court of a county may require a |
|
mandatory payment authorized under this chapter by an institutional |
|
health care provider in the county only in the manner provided by |
|
this chapter. |
|
Sec. 291.052. MAJORITY VOTE REQUIRED. The commissioners |
|
court of a county may not authorize the county to collect a |
|
mandatory payment authorized under this chapter without an |
|
affirmative vote of a majority of the members of the commissioners |
|
court. |
|
Sec. 291.053. RULES AND PROCEDURES. After the |
|
commissioners court has voted to require a mandatory payment |
|
authorized under this chapter, the commissioners court may adopt |
|
rules relating to the administration of the mandatory payment. |
|
Sec. 291.054. INSTITUTIONAL HEALTH CARE PROVIDER |
|
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
|
county that collects a mandatory payment authorized under this |
|
chapter shall require each institutional health care provider to |
|
submit to the county a copy of any financial and utilization data |
|
required by and reported to the Department of State Health Services |
|
under Sections 311.032 and 311.033 and any rules adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
to implement those sections. |
|
(b) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter may inspect the |
|
records of an institutional health care provider to the extent |
|
necessary to ensure compliance with the requirements of Subsection |
|
(a). |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 291.101. HEARING. (a) Each year, the commissioners |
|
court of a county that collects a mandatory payment authorized |
|
under this chapter shall hold a public hearing on the amounts of any |
|
mandatory payments that the commissioners court intends to require |
|
during the year and how the revenue derived from those payments is |
|
to be spent. |
|
(b) Not later than the 10th day before the date of the |
|
hearing required under Subsection (a), the commissioners court of |
|
the county shall publish notice of the hearing in a newspaper of |
|
general circulation in the county. |
|
(c) A representative of a paying hospital is entitled to |
|
appear at the time and place designated in the public notice and to |
|
be heard regarding any matter related to the mandatory payments |
|
authorized under this chapter. |
|
Sec. 291.102. DEPOSITORY. (a) The commissioners court of |
|
each county that collects a mandatory payment authorized under this |
|
chapter by resolution shall designate one or more banks located in |
|
the county as the depository for mandatory payments received by the |
|
county. A bank designated as a depository serves for two years or |
|
until a successor is designated. |
|
(b) All income received by a county under this chapter, |
|
including the revenue from mandatory payments remaining after |
|
discounts and fees for assessing and collecting the payments are |
|
deducted, shall be deposited with the county depository in the |
|
county's local provider participation fund and may be withdrawn |
|
only as provided by this chapter. |
|
(c) All funds under this chapter shall be secured in the |
|
manner provided for securing county funds. |
|
Sec. 291.103. LOCAL PROVIDER PARTICIPATION FUND; |
|
AUTHORIZED USES OF MONEY. (a) Each county that collects a |
|
mandatory payment authorized under this chapter shall create a |
|
local provider participation fund. |
|
(b) The local provider participation fund of a county |
|
consists of: |
|
(1) all revenue received by the county attributable to |
|
mandatory payments authorized under this chapter, including any |
|
penalties and interest attributable to delinquent payments; |
|
(2) money received from the Health and Human Services |
|
Commission as a refund of an intergovernmental transfer from the |
|
county to the state for the purpose of providing the nonfederal |
|
share of Medicaid supplemental payment program payments, provided |
|
that the intergovernmental transfer does not receive a federal |
|
matching payment; and |
|
(3) the earnings of the fund. |
|
(c) Money deposited to the local provider participation |
|
fund may be used only to: |
|
(1) fund intergovernmental transfers from the county |
|
to the state to provide: |
|
(A) the nonfederal share of a Medicaid |
|
supplemental payment program authorized under the state Medicaid |
|
plan, the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the federal Social |
|
Security Act (42 U.S.C. Section 1315), or a successor waiver |
|
program authorizing similar Medicaid supplemental payment |
|
programs; or |
|
(B) payments to Medicaid managed care |
|
organizations that are dedicated for payment to hospitals; |
|
(2) subsidize indigent programs; |
|
(3) pay the administrative expenses of the county |
|
solely for activities under this chapter; |
|
(4) refund a portion of a mandatory payment collected |
|
in error from a paying hospital; and |
|
(5) refund to paying hospitals the proportionate share |
|
of money received by the county from the Health and Human Services |
|
Commission that is not used to fund the nonfederal share of Medicaid |
|
supplemental payment program payments. |
|
(d) Money in the local provider participation fund may not |
|
be commingled with other county funds. |
|
(e) An intergovernmental transfer of funds described by |
|
Subsection (c)(1) and any funds received by the county as a result |
|
of an intergovernmental transfer described by that subsection may |
|
not be used by the county or any other entity to expand Medicaid |
|
eligibility under the Patient Protection and Affordable Care Act |
|
(Pub. L. No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). |
|
SUBCHAPTER D. MANDATORY PAYMENTS |
|
Sec. 291.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
|
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
|
commissioners court of a county that collects a mandatory payment |
|
authorized under this chapter may require an annual mandatory |
|
payment to be assessed on the net patient revenue of each |
|
institutional health care provider located in the county. The |
|
commissioners court may provide for the mandatory payment to be |
|
assessed quarterly. In the first year in which the mandatory |
|
payment is required, the mandatory payment is assessed on the net |
|
patient revenue of an institutional health care provider as |
|
determined by the data reported to the Department of State Health |
|
Services under Sections 311.032 and 311.033 in the fiscal year |
|
ending in 2013 or, if the institutional health care provider did not |
|
report any data under those sections in that fiscal year, as |
|
determined by the institutional health care provider's Medicare |
|
cost report submitted for the 2013 fiscal year or for the closest |
|
subsequent fiscal year for which the provider submitted the |
|
Medicare cost report. The county shall update the amount of the |
|
mandatory payment on an annual basis. |
|
(b) The amount of a mandatory payment authorized under this |
|
chapter must be uniformly proportionate with the amount of net |
|
patient revenue generated by each paying hospital in the county. A |
|
mandatory payment authorized under this chapter may not hold |
|
harmless any institutional health care provider, as required under |
|
42 U.S.C. Section 1396b(w). |
|
(c) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter shall set the |
|
amount of the mandatory payment. The amount of the mandatory |
|
payment required of each paying hospital may not exceed an amount |
|
that, when added to the amount of the mandatory payments required |
|
from all other paying hospitals in the county, equals an amount of |
|
revenue that exceeds six percent of the aggregate net patient |
|
revenue of all paying hospitals in the county. |
|
(d) Subject to the maximum amount prescribed by Subsection |
|
(c), the commissioners court of a county that collects a mandatory |
|
payment authorized under this chapter shall set the mandatory |
|
payments in amounts that in the aggregate will generate sufficient |
|
revenue to cover the administrative expenses of the county for |
|
activities under this chapter, to fund an intergovernmental |
|
transfer described by Section 291.103(c)(1), and to pay for |
|
indigent programs, except that the amount of revenue from mandatory |
|
payments used for administrative expenses of the county for |
|
activities under this chapter in a year may not exceed the lesser of |
|
four percent of the total revenue generated from the mandatory |
|
payment or $20,000. |
|
(e) A paying hospital may not add a mandatory payment |
|
required under this section as a surcharge to a patient. |
|
Sec. 291.152. ASSESSMENT AND COLLECTION OF MANDATORY |
|
PAYMENTS. (a) Except as provided by Subsection (b), the county tax |
|
assessor-collector shall collect the mandatory payment authorized |
|
under this chapter. The county tax assessor-collector shall charge |
|
and deduct from mandatory payments collected for the county a fee |
|
for collecting the mandatory payment in an amount determined by the |
|
commissioners court of the county, not to exceed the county tax |
|
assessor-collector's usual and customary charges. |
|
(b) If determined by the commissioners court to be |
|
appropriate, the commissioners court may contract for the |
|
assessment and collection of mandatory payments in the manner |
|
provided by Title 1, Tax Code, for the assessment and collection of |
|
ad valorem taxes. |
|
(c) Revenue from a fee charged by a county tax |
|
assessor-collector for collecting the mandatory payment shall be |
|
deposited in the county general fund and, if appropriate, shall be |
|
reported as fees of the county tax assessor-collector. |
|
Sec. 291.153. INTEREST, PENALTIES, AND DISCOUNTS. |
|
Interest, penalties, and discounts on mandatory payments required |
|
under this chapter are governed by the law applicable to county ad |
|
valorem taxes. |
|
Sec. 291.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
|
PROCEDURE. (a) The purpose of this chapter is to generate revenue |
|
by collecting from institutional health care providers a mandatory |
|
payment to be used to provide the nonfederal share of a Medicaid |
|
supplemental payment program. |
|
(b) To the extent any provision or procedure under this |
|
chapter causes a mandatory payment authorized under this chapter to |
|
be ineligible for federal matching funds, the county may provide by |
|
rule for an alternative provision or procedure that conforms to the |
|
requirements of the federal Centers for Medicare and Medicaid |
|
Services. |
|
SECTION 12. Subtitle D, Title 4, Health and Safety Code, is |
|
amended by adding Chapter 293 to read as follows: |
|
CHAPTER 293. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
|
CERTAIN COUNTIES IN THE TEXAS-LOUISIANA BORDER REGION |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 293.001. DEFINITIONS. In this chapter: |
|
(1) "Institutional health care provider" means a |
|
nonpublic hospital that provides inpatient hospital services. |
|
(2) "Paying hospital" means an institutional health |
|
care provider required to make a mandatory payment under this |
|
chapter. |
|
(3) "Program" means the county health care provider |
|
participation program authorized by this chapter. |
|
Sec. 293.002. APPLICABILITY. This chapter applies only to |
|
a county that: |
|
(1) is not served by a hospital district; |
|
(2) is located in the Texas-Louisiana border region, |
|
as that region is defined by Section 2056.002, Government Code; and |
|
(3) has a population of more than 100,000 but less than |
|
200,000. |
|
Sec. 293.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
|
provider participation program authorizes a county to collect a |
|
mandatory payment from each institutional health care provider |
|
located in the county to be deposited in a local provider |
|
participation fund established by the county. Money in the fund may |
|
be used by the county to fund certain intergovernmental transfers |
|
and indigent care programs as provided by this chapter. |
|
(b) The commissioners court may adopt an order authorizing a |
|
county to participate in the program, subject to the limitations |
|
provided by this chapter. |
|
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
|
Sec. 293.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
|
PAYMENT. The commissioners court of a county may require a |
|
mandatory payment authorized under this chapter by an institutional |
|
health care provider in the county only in the manner provided by |
|
this chapter. |
|
Sec. 293.052. MAJORITY VOTE REQUIRED. The commissioners |
|
court of a county may not authorize the county to collect a |
|
mandatory payment authorized under this chapter without an |
|
affirmative vote of a majority of the members of the commissioners |
|
court. |
|
Sec. 293.053. RULES AND PROCEDURES. After the |
|
commissioners court has voted to require a mandatory payment |
|
authorized under this chapter, the commissioners court may adopt |
|
rules relating to the administration of the mandatory payment. |
|
Sec. 293.054. INSTITUTIONAL HEALTH CARE PROVIDER |
|
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
|
county that collects a mandatory payment authorized under this |
|
chapter shall require each institutional health care provider to |
|
submit to the county a copy of any financial and utilization data |
|
required by and reported to the Department of State Health Services |
|
under Sections 311.032 and 311.033 and any rules adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
to implement those sections. |
|
(b) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter may inspect the |
|
records of an institutional health care provider to the extent |
|
necessary to ensure compliance with the requirements of Subsection |
|
(a). |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 293.101. HEARING. (a) Each year, the commissioners |
|
court of a county that collects a mandatory payment authorized |
|
under this chapter shall hold a public hearing on the amounts of any |
|
mandatory payments that the commissioners court intends to require |
|
during the year and how the revenue derived from those payments is |
|
to be spent. |
|
(b) Not later than the 10th day before the date of the |
|
hearing required under Subsection (a), the commissioners court of |
|
the county shall publish notice of the hearing in a newspaper of |
|
general circulation in the county. |
|
(c) A representative of a paying hospital is entitled to |
|
appear at the time and place designated in the public notice and to |
|
be heard regarding any matter related to the mandatory payments |
|
authorized under this chapter. |
|
Sec. 293.102. DEPOSITORY. (a) The commissioners court of |
|
each county that collects a mandatory payment authorized under this |
|
chapter by resolution shall designate one or more banks located in |
|
the county as the depository for mandatory payments received by the |
|
county. A bank designated as a depository serves for two years or |
|
until a successor is designated. |
|
(b) All income received by a county under this chapter, |
|
including the revenue from mandatory payments remaining after |
|
discounts and fees for assessing and collecting the payments are |
|
deducted, shall be deposited with the county depository in the |
|
county's local provider participation fund and may be withdrawn |
|
only as provided by this chapter. |
|
(c) All funds under this chapter shall be secured in the |
|
manner provided for securing county funds. |
|
Sec. 293.103. LOCAL PROVIDER PARTICIPATION FUND; |
|
AUTHORIZED USES OF MONEY. (a) Each county that collects a |
|
mandatory payment authorized under this chapter shall create a |
|
local provider participation fund. |
|
(b) The local provider participation fund of a county |
|
consists of: |
|
(1) all revenue received by the county attributable to |
|
mandatory payments authorized under this chapter, including any |
|
penalties and interest attributable to delinquent payments; |
|
(2) money received from the Health and Human Services |
|
Commission as a refund of an intergovernmental transfer from the |
|
county to the state for the purpose of providing the nonfederal |
|
share of Medicaid supplemental payment program payments, provided |
|
that the intergovernmental transfer does not receive a federal |
|
matching payment; and |
|
(3) the earnings of the fund. |
|
(c) Money deposited to the local provider participation |
|
fund may be used only to: |
|
(1) fund intergovernmental transfers from the county |
|
to the state to provide the nonfederal share of a Medicaid |
|
supplemental payment program authorized under the state Medicaid |
|
plan, the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the federal Social |
|
Security Act (42 U.S.C. Section 1315), or a successor waiver |
|
program authorizing similar Medicaid supplemental payment |
|
programs; |
|
(2) subsidize indigent programs; |
|
(3) pay the administrative expenses of the county |
|
solely for activities under this chapter; |
|
(4) refund a portion of a mandatory payment collected |
|
in error from a paying hospital; and |
|
(5) refund to paying hospitals the proportionate share |
|
of money received by the county from the Health and Human Services |
|
Commission that is not used to fund the nonfederal share of Medicaid |
|
supplemental payment program payments. |
|
(d) Money in the local provider participation fund may not |
|
be commingled with other county funds. |
|
(e) An intergovernmental transfer of funds described by |
|
Subsection (c)(1) and any funds received by the county as a result |
|
of an intergovernmental transfer described by that subsection may |
|
not be used by the county or any other entity to expand Medicaid |
|
eligibility under the Patient Protection and Affordable Care Act |
|
(Pub. L. No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). |
|
SUBCHAPTER D. MANDATORY PAYMENTS |
|
Sec. 293.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
|
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
|
commissioners court of a county that collects a mandatory payment |
|
authorized under this chapter may require an annual mandatory |
|
payment to be assessed on the net patient revenue of each |
|
institutional health care provider located in the county. The |
|
commissioners court may provide for the mandatory payment to be |
|
assessed quarterly. In the first year in which the mandatory |
|
payment is required, the mandatory payment is assessed on the net |
|
patient revenue of an institutional health care provider as |
|
determined by the data reported to the Department of State Health |
|
Services under Sections 311.032 and 311.033 in the fiscal year |
|
ending in 2013 or, if the institutional health care provider did not |
|
report any data under those sections in that fiscal year, as |
|
determined by the institutional health care provider's cost report |
|
submitted for the 2013 fiscal year or for the closest subsequent |
|
fiscal year for which the provider submitted the cost report. The |
|
county shall update the amount of the mandatory payment on an annual |
|
basis. |
|
(b) The amount of a mandatory payment authorized under this |
|
chapter must be uniformly proportionate with the amount of net |
|
patient revenue generated by each paying hospital in the county. A |
|
mandatory payment authorized under this chapter may not hold |
|
harmless any institutional health care provider, as required under |
|
42 U.S.C. Section 1396b(w). |
|
(c) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter shall set the |
|
amount of the mandatory payment. The amount of the mandatory |
|
payment required of each paying hospital may not exceed an amount |
|
that, when added to the amount of the mandatory payments required |
|
from all other paying hospitals in the county, equals an amount of |
|
revenue that exceeds six percent of the aggregate net patient |
|
revenue of all paying hospitals in the county. |
|
(d) Subject to the maximum amount prescribed by Subsection |
|
(c), the commissioners court of a county that collects a mandatory |
|
payment authorized under this chapter shall set the mandatory |
|
payments in amounts that in the aggregate will generate sufficient |
|
revenue to cover the administrative expenses of the county for |
|
activities under this chapter, to fund the nonfederal share of a |
|
Medicaid supplemental payment program, and to pay for indigent |
|
programs, except that the amount of revenue from mandatory payments |
|
used for administrative expenses of the county for activities under |
|
this chapter in a year may not exceed the lesser of four percent of |
|
the total revenue generated from the mandatory payment or $20,000. |
|
(e) A paying hospital may not add a mandatory payment |
|
required under this section as a surcharge to a patient. |
|
Sec. 293.152. ASSESSMENT AND COLLECTION OF MANDATORY |
|
PAYMENTS. (a) Except as provided by Subsection (b), the county tax |
|
assessor-collector shall collect the mandatory payment authorized |
|
under this chapter. The county tax assessor-collector shall charge |
|
and deduct from mandatory payments collected for the county a fee |
|
for collecting the mandatory payment in an amount determined by the |
|
commissioners court of the county, not to exceed the county tax |
|
assessor-collector's usual and customary charges. |
|
(b) If determined by the commissioners court to be |
|
appropriate, the commissioners court may contract for the |
|
assessment and collection of mandatory payments in the manner |
|
provided by Title 1, Tax Code, for the assessment and collection of |
|
ad valorem taxes. |
|
(c) Revenue from a fee charged by a county tax |
|
assessor-collector for collecting the mandatory payment shall be |
|
deposited in the county general fund and, if appropriate, shall be |
|
reported as fees of the county tax assessor-collector. |
|
Sec. 293.153. INTEREST, PENALTIES, AND DISCOUNTS. |
|
Interest, penalties, and discounts on mandatory payments required |
|
under this chapter are governed by the law applicable to county ad |
|
valorem taxes. |
|
Sec. 293.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
|
PROCEDURE. (a) The purpose of this chapter is to generate revenue |
|
by collecting from institutional health care providers a mandatory |
|
payment to be used to provide the nonfederal share of a Medicaid |
|
supplemental payment program. |
|
(b) To the extent any provision or procedure under this |
|
chapter causes a mandatory payment authorized under this chapter to |
|
be ineligible for federal matching funds, the county may provide by |
|
rule for an alternative provision or procedure that conforms to the |
|
requirements of the federal Centers for Medicare and Medicaid |
|
Services. |
|
SECTION 13. Subtitle D, Title 4, Health and Safety Code, is |
|
amended by adding Chapter 294 to read as follows: |
|
CHAPTER 294. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
|
CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 294.001. DEFINITIONS. In this chapter: |
|
(1) "Institutional health care provider" means a |
|
nonpublic hospital licensed under Chapter 241. |
|
(2) "Paying hospital" means an institutional health |
|
care provider required to make a mandatory payment under this |
|
chapter. |
|
(3) "Program" means the county health care provider |
|
participation program authorized by this chapter. |
|
Sec. 294.002. APPLICABILITY. This chapter applies only to |
|
a county that: |
|
(1) is not served by a hospital district or a public |
|
hospital; |
|
(2) contains a private institution of higher education |
|
with a student enrollment of more than 12,000; and |
|
(3) has a population of less than 250,000. |
|
Sec. 294.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
|
provider participation program authorizes a county to collect a |
|
mandatory payment from each institutional health care provider |
|
located in the county to be deposited in a local provider |
|
participation fund established by the county. Money in the fund may |
|
be used by the county to fund certain intergovernmental transfers |
|
and indigent care programs as provided by this chapter. |
|
(b) The commissioners court may adopt an order authorizing a |
|
county to participate in the program, subject to the limitations |
|
provided by this chapter. |
|
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
|
Sec. 294.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
|
PAYMENT. The commissioners court of a county may require a |
|
mandatory payment authorized under this chapter by an institutional |
|
health care provider in the county only in the manner provided by |
|
this chapter. |
|
Sec. 294.052. MAJORITY VOTE REQUIRED. The commissioners |
|
court of a county may not authorize the county to collect a |
|
mandatory payment authorized under this chapter without an |
|
affirmative vote of a majority of the members of the commissioners |
|
court. |
|
Sec. 294.053. RULES AND PROCEDURES. After the |
|
commissioners court has voted to require a mandatory payment |
|
authorized under this chapter, the commissioners court may adopt |
|
rules relating to the administration of the mandatory payment. |
|
Sec. 294.054. INSTITUTIONAL HEALTH CARE PROVIDER |
|
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
|
county that collects a mandatory payment authorized under this |
|
chapter shall require each institutional health care provider to |
|
submit to the county a copy of any financial and utilization data |
|
required by and reported to the Department of State Health Services |
|
under Sections 311.032 and 311.033 and any rules adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
to implement those sections. |
|
(b) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter may inspect the |
|
records of an institutional health care provider to the extent |
|
necessary to ensure compliance with the requirements of Subsection |
|
(a). |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 294.101. HEARING. (a) Each year, the commissioners |
|
court of a county that collects a mandatory payment authorized |
|
under this chapter shall hold a public hearing on the amounts of any |
|
mandatory payments that the commissioners court intends to require |
|
during the year and how the revenue derived from those payments is |
|
to be spent. |
|
(b) Not later than the 10th day before the date of the |
|
hearing required under Subsection (a), the commissioners court of |
|
the county shall publish notice of the hearing in a newspaper of |
|
general circulation in the county. |
|
(c) A representative of a paying hospital is entitled to |
|
appear at the time and place designated in the public notice and to |
|
be heard regarding any matter related to the mandatory payments |
|
authorized under this chapter. |
|
Sec. 294.102. DEPOSITORY. (a) The commissioners court of |
|
each county that collects a mandatory payment authorized under this |
|
chapter by resolution shall designate one or more banks located in |
|
the county as the depository for mandatory payments received by the |
|
county. A bank designated as a depository serves for two years or |
|
until a successor is designated. |
|
(b) All income received by a county under this chapter, |
|
including the revenue from mandatory payments remaining after |
|
discounts and fees for assessing and collecting the payments are |
|
deducted, shall be deposited with the county depository in the |
|
county's local provider participation fund and may be withdrawn |
|
only as provided by this chapter. |
|
(c) All funds under this chapter shall be secured in the |
|
manner provided for securing county funds. |
|
Sec. 294.103. LOCAL PROVIDER PARTICIPATION FUND; |
|
AUTHORIZED USES OF MONEY. (a) Each county that collects a |
|
mandatory payment authorized under this chapter shall create a |
|
local provider participation fund. |
|
(b) The local provider participation fund of a county |
|
consists of: |
|
(1) all revenue received by the county attributable to |
|
mandatory payments authorized under this chapter, including any |
|
penalties and interest attributable to delinquent payments; |
|
(2) money received from the Health and Human Services |
|
Commission as a refund of an intergovernmental transfer from the |
|
county to the state for the purpose of providing the nonfederal |
|
share of Medicaid supplemental payment program payments, provided |
|
that the intergovernmental transfer does not receive a federal |
|
matching payment; and |
|
(3) the earnings of the fund. |
|
(c) Money deposited to the local provider participation |
|
fund may be used only to: |
|
(1) fund intergovernmental transfers from the county |
|
to the state to provide the nonfederal share of a Medicaid |
|
supplemental payment program authorized under the state Medicaid |
|
plan, the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the federal Social |
|
Security Act (42 U.S.C. Section 1315), or a successor waiver |
|
program authorizing similar Medicaid supplemental payment |
|
programs; |
|
(2) subsidize indigent programs; |
|
(3) pay the administrative expenses of the county |
|
solely for activities under this chapter; |
|
(4) refund a portion of a mandatory payment collected |
|
in error from a paying hospital; and |
|
(5) refund to paying hospitals the proportionate share |
|
of money received by the county from the Health and Human Services |
|
Commission that is not used to fund the nonfederal share of Medicaid |
|
supplemental payment program payments. |
|
(d) Money in the local provider participation fund may not |
|
be commingled with other county funds. |
|
(e) An intergovernmental transfer of funds described by |
|
Subsection (c)(1) and any funds received by the county as a result |
|
of an intergovernmental transfer described by that subsection may |
|
not be used by the county or any other entity to expand Medicaid |
|
eligibility under the Patient Protection and Affordable Care Act |
|
(Pub. L. No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). |
|
SUBCHAPTER D. MANDATORY PAYMENTS |
|
Sec. 294.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
|
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
|
commissioners court of a county that collects a mandatory payment |
|
authorized under this chapter may require an annual mandatory |
|
payment to be assessed quarterly on the net patient revenue of each |
|
institutional health care provider located in the county. In the |
|
first year in which the mandatory payment is required, the |
|
mandatory payment is assessed on the net patient revenue of an |
|
institutional health care provider as determined by the data |
|
reported to the Department of State Health Services under Sections |
|
311.032 and 311.033 in the fiscal year ending in 2014. The county |
|
shall update the amount of the mandatory payment on an annual basis. |
|
(b) The amount of a mandatory payment authorized under this |
|
chapter must be uniformly proportionate with the amount of net |
|
patient revenue generated by each paying hospital in the county. A |
|
mandatory payment authorized under this chapter may not hold |
|
harmless any institutional health care provider, as required under |
|
42 U.S.C. Section 1396b(w). |
|
(c) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter shall set the |
|
amount of the mandatory payment. The amount of the mandatory |
|
payment required of each paying hospital may not exceed an amount |
|
that, when added to the amount of the mandatory payments required |
|
from all other paying hospitals in the county, equals an amount of |
|
revenue that exceeds six percent of the aggregate net patient |
|
revenue of all paying hospitals in the county. |
|
(d) Subject to the maximum amount prescribed by Subsection |
|
(c), the commissioners court of a county that collects a mandatory |
|
payment authorized under this chapter shall set the mandatory |
|
payments in amounts that in the aggregate will generate sufficient |
|
revenue to cover the administrative expenses of the county for |
|
activities under this chapter, to fund the nonfederal share of a |
|
Medicaid supplemental payment program, and to pay for indigent |
|
programs, except that the amount of revenue from mandatory payments |
|
used for administrative expenses of the county for activities under |
|
this chapter in a year may not exceed the lesser of four percent of |
|
the total revenue generated from the mandatory payment or $20,000. |
|
(e) A paying hospital may not add a mandatory payment |
|
required under this section as a surcharge to a patient. |
|
Sec. 294.152. ASSESSMENT AND COLLECTION OF MANDATORY |
|
PAYMENTS. (a) Except as provided by Subsection (b), the county tax |
|
assessor-collector shall collect the mandatory payment authorized |
|
under this chapter. The county tax assessor-collector shall charge |
|
and deduct from mandatory payments collected for the county a fee |
|
for collecting the mandatory payment in an amount determined by the |
|
commissioners court of the county, not to exceed the county tax |
|
assessor-collector's usual and customary charges. |
|
(b) If determined by the commissioners court to be |
|
appropriate, the commissioners court may contract for the |
|
assessment and collection of mandatory payments in the manner |
|
provided by Title 1, Tax Code, for the assessment and collection of |
|
ad valorem taxes. |
|
(c) Revenue from a fee charged by a county tax |
|
assessor-collector for collecting the mandatory payment shall be |
|
deposited in the county general fund and, if appropriate, shall be |
|
reported as fees of the county tax assessor-collector. |
|
Sec. 294.153. INTEREST, PENALTIES, AND DISCOUNTS. |
|
Interest, penalties, and discounts on mandatory payments required |
|
under this chapter are governed by the law applicable to county ad |
|
valorem taxes. |
|
Sec. 294.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
|
PROCEDURE. (a) The purpose of this chapter is to generate revenue |
|
by collecting from institutional health care providers a mandatory |
|
payment to be used to provide the nonfederal share of a Medicaid |
|
supplemental payment program. |
|
(b) To the extent any provision or procedure under this |
|
chapter causes a mandatory payment authorized under this chapter to |
|
be ineligible for federal matching funds, the county may provide by |
|
rule for an alternative provision or procedure that conforms to the |
|
requirements of the federal Centers for Medicare and Medicaid |
|
Services. |
|
SECTION 14. Subtitle D, Title 4, Health and Safety Code, is |
|
amended by adding Chapter 296 to read as follows: |
|
CHAPTER 296. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM IN CERTAIN COUNTIES |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 296.001. DEFINITIONS. In this chapter: |
|
(1) "Institutional health care provider" means a |
|
nonpublic hospital that provides inpatient hospital services. |
|
(2) "Paying hospital" means an institutional health |
|
care provider required to make a mandatory payment under this |
|
chapter. |
|
(3) "Program" means the county health care provider |
|
participation program authorized by this chapter. |
|
Sec. 296.002. APPLICABILITY. This chapter applies only to |
|
a county that: |
|
(1) is not served by a hospital district or a public |
|
hospital; and |
|
(2) has a population of less than 200,000 and contains |
|
two municipalities both with populations of 75,000 or more. |
|
Sec. 296.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
|
provider participation program authorizes a county to collect a |
|
mandatory payment from each institutional health care provider |
|
located in the county to be deposited in a local provider |
|
participation fund established by the county. Money in the fund may |
|
be used by the county to fund certain intergovernmental transfers |
|
and indigent care programs as provided by this chapter. |
|
(b) The commissioners court may adopt an order authorizing a |
|
county to participate in the program, subject to the limitations |
|
provided by this chapter. |
|
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
|
Sec. 296.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
|
PAYMENT. The commissioners court of a county may require a |
|
mandatory payment authorized under this chapter by an institutional |
|
health care provider in the county only in the manner provided by |
|
this chapter. |
|
Sec. 296.052. MAJORITY VOTE REQUIRED. The commissioners |
|
court of a county may not authorize the county to collect a |
|
mandatory payment authorized under this chapter without an |
|
affirmative vote of a majority of the members of the commissioners |
|
court. |
|
Sec. 296.053. RULES AND PROCEDURES. After the |
|
commissioners court has voted to require a mandatory payment |
|
authorized under this chapter, the commissioners court may adopt |
|
rules relating to the administration of the mandatory payment. |
|
Sec. 296.054. INSTITUTIONAL HEALTH CARE PROVIDER |
|
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
|
county that collects a mandatory payment authorized under this |
|
chapter shall require each institutional health care provider to |
|
submit to the county a copy of any financial and utilization data |
|
required by and reported to the Department of State Health Services |
|
under Sections 311.032 and 311.033 and any rules adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
to implement those sections. |
|
(b) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter may inspect the |
|
records of an institutional health care provider to the extent |
|
necessary to ensure compliance with the requirements of Subsection |
|
(a). |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 296.101. HEARING. (a) Each year, the commissioners |
|
court of a county that collects a mandatory payment authorized |
|
under this chapter shall hold a public hearing on the amounts of any |
|
mandatory payments that the commissioners court intends to require |
|
during the year and how the revenue derived from those payments is |
|
to be spent. |
|
(b) Not later than the 10th day before the date of the |
|
hearing required under Subsection (a), the commissioners court of |
|
the county shall publish notice of the hearing in a newspaper of |
|
general circulation in the county. |
|
(c) A representative of a paying hospital is entitled to |
|
appear at the time and place designated in the public notice and to |
|
be heard regarding any matter related to the mandatory payments |
|
authorized under this chapter. |
|
Sec. 296.102. DEPOSITORY. (a) The commissioners court of |
|
each county that collects a mandatory payment authorized under this |
|
chapter by resolution shall designate one or more banks located in |
|
the county as the depository for mandatory payments received by the |
|
county. A bank designated as a depository serves for two years or |
|
until a successor is designated. |
|
(b) All income received by a county under this chapter, |
|
including the revenue from mandatory payments remaining after |
|
discounts and fees for assessing and collecting the payments are |
|
deducted, shall be deposited with the county depository in the |
|
county's local provider participation fund and may be withdrawn |
|
only as provided by this chapter. |
|
(c) All funds under this chapter shall be secured in the |
|
manner provided for securing county funds. |
|
Sec. 296.103. LOCAL PROVIDER PARTICIPATION FUND; |
|
AUTHORIZED USES OF MONEY. (a) Each county that collects a |
|
mandatory payment authorized under this chapter shall create a |
|
local provider participation fund. |
|
(b) The local provider participation fund of a county |
|
consists of: |
|
(1) all revenue received by the county attributable to |
|
mandatory payments authorized under this chapter, including any |
|
penalties and interest attributable to delinquent payments; |
|
(2) money received from the Health and Human Services |
|
Commission as a refund of an intergovernmental transfer from the |
|
county to the state for the purpose of providing the nonfederal |
|
share of Medicaid supplemental payment program payments, provided |
|
that the intergovernmental transfer does not receive a federal |
|
matching payment; and |
|
(3) the earnings of the fund. |
|
(c) Money deposited to the local provider participation |
|
fund may be used only to: |
|
(1) fund intergovernmental transfers from the county |
|
to the state to provide the nonfederal share of a Medicaid |
|
supplemental payment program authorized under the state Medicaid |
|
plan, the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the federal Social |
|
Security Act (42 U.S.C. Section 1315), or a successor waiver |
|
program authorizing similar Medicaid supplemental payment |
|
programs; |
|
(2) subsidize indigent programs; |
|
(3) pay the administrative expenses of the county |
|
solely for activities under this chapter; |
|
(4) refund a portion of a mandatory payment collected |
|
in error from a paying hospital; and |
|
(5) refund to paying hospitals the proportionate share |
|
of money received by the county from the Health and Human Services |
|
Commission that is not used to fund the nonfederal share of Medicaid |
|
supplemental payment program payments. |
|
(d) Money in the local provider participation fund may not |
|
be commingled with other county funds. |
|
(e) An intergovernmental transfer of funds described by |
|
Subsection (c)(1) and any funds received by the county as a result |
|
of an intergovernmental transfer described by that subsection may |
|
not be used by the county or any other entity to expand Medicaid |
|
eligibility under the Patient Protection and Affordable Care Act |
|
(Pub. L. No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). |
|
SUBCHAPTER D. MANDATORY PAYMENTS |
|
Sec. 296.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
|
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
|
commissioners court of a county that collects a mandatory payment |
|
authorized under this chapter may require an annual mandatory |
|
payment to be assessed on the net patient revenue of each |
|
institutional health care provider located in the county. The |
|
commissioners court may provide for the mandatory payment to be |
|
assessed quarterly. In the first year in which the mandatory |
|
payment is required, the mandatory payment is assessed on the net |
|
patient revenue of an institutional health care provider as |
|
determined by the data reported to the Department of State Health |
|
Services under Sections 311.032 and 311.033 in the fiscal year |
|
ending in 2013 or, if the institutional health care provider did not |
|
report any data under those sections in that fiscal year, as |
|
determined by the institutional health care provider's Medicare |
|
cost report submitted for the 2013 fiscal year or for the closest |
|
subsequent fiscal year for which the provider submitted the |
|
Medicare cost report. The county shall update the amount of the |
|
mandatory payment on an annual basis. |
|
(b) The amount of a mandatory payment authorized under this |
|
chapter must be uniformly proportionate with the amount of net |
|
patient revenue generated by each paying hospital in the county. A |
|
mandatory payment authorized under this chapter may not hold |
|
harmless any institutional health care provider, as required under |
|
42 U.S.C. Section 1396b(w). |
|
(c) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter shall set the |
|
amount of the mandatory payment. The amount of the mandatory |
|
payment required of each paying hospital may not exceed an amount |
|
that, when added to the amount of the mandatory payments required |
|
from all other paying hospitals in the county, equals an amount of |
|
revenue that exceeds six percent of the aggregate net patient |
|
revenue of all paying hospitals in the county. |
|
(d) Subject to the maximum amount prescribed by Subsection |
|
(c), the commissioners court of a county that collects a mandatory |
|
payment authorized under this chapter shall set the mandatory |
|
payments in amounts that in the aggregate will generate sufficient |
|
revenue to cover the administrative expenses of the county for |
|
activities under this chapter, to fund an intergovernmental |
|
transfer described by Section 296.103(c)(1), and to pay for |
|
indigent programs, except that the amount of revenue from mandatory |
|
payments used for administrative expenses of the county for |
|
activities under this chapter in a year may not exceed the lesser of |
|
four percent of the total revenue generated from the mandatory |
|
payment or $20,000. |
|
(e) A paying hospital may not add a mandatory payment |
|
required under this section as a surcharge to a patient. |
|
Sec. 296.152. ASSESSMENT AND COLLECTION OF MANDATORY |
|
PAYMENTS. (a) Except as provided by Subsection (b), the county tax |
|
assessor-collector shall collect the mandatory payment authorized |
|
under this chapter. The county tax assessor-collector shall charge |
|
and deduct from mandatory payments collected for the county a fee |
|
for collecting the mandatory payment in an amount determined by the |
|
commissioners court of the county, not to exceed the county tax |
|
assessor-collector's usual and customary charges. |
|
(b) If determined by the commissioners court to be |
|
appropriate, the commissioners court may contract for the |
|
assessment and collection of mandatory payments in the manner |
|
provided by Title 1, Tax Code, for the assessment and collection of |
|
ad valorem taxes. |
|
(c) Revenue from a fee charged by a county tax |
|
assessor-collector for collecting the mandatory payment shall be |
|
deposited in the county general fund and, if appropriate, shall be |
|
reported as fees of the county tax assessor-collector. |
|
Sec. 296.153. INTEREST, PENALTIES, AND DISCOUNTS. |
|
Interest, penalties, and discounts on mandatory payments required |
|
under this chapter are governed by the law applicable to county ad |
|
valorem taxes. |
|
Sec. 296.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
|
PROCEDURE. (a) The purpose of this chapter is to generate revenue |
|
by collecting from institutional health care providers a mandatory |
|
payment to be used to provide the nonfederal share of a Medicaid |
|
supplemental payment program. |
|
(b) To the extent any provision or procedure under this |
|
chapter causes a mandatory payment authorized under this chapter to |
|
be ineligible for federal matching funds, the county may provide by |
|
rule for an alternative provision or procedure that conforms to the |
|
requirements of the federal Centers for Medicare and Medicaid |
|
Services. |
|
SECTION 15. Subtitle D, Title 4, Health and Safety Code, is |
|
amended by adding Chapter 297 to read as follows: |
|
CHAPTER 297. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM IN |
|
CERTAIN COUNTIES CONTAINING A MILITARY BASE |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 297.001. DEFINITIONS. In this chapter: |
|
(1) "Institutional health care provider" means a |
|
nonpublic hospital licensed under Chapter 241. |
|
(2) "Paying hospital" means an institutional health |
|
care provider required to make a mandatory payment under this |
|
chapter. |
|
(3) "Program" means the county health care provider |
|
participation program authorized by this chapter. |
|
Sec. 297.002. APPLICABILITY. This chapter applies only to |
|
a county: |
|
(1) that is not served by a hospital district or a |
|
public hospital; |
|
(2) on which a military base with more than 30,000 |
|
military personnel is partially located; and |
|
(3) that has a population of more than 300,000. |
|
Sec. 297.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION |
|
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care |
|
provider participation program authorizes a county to collect a |
|
mandatory payment from each institutional health care provider |
|
located in the county to be deposited in a local provider |
|
participation fund established by the county. Money in the fund may |
|
be used by the county to fund certain intergovernmental transfers |
|
and indigent care programs as provided by this chapter. |
|
(b) The commissioners court may adopt an order authorizing a |
|
county to participate in the program, subject to the limitations |
|
provided by this chapter. |
|
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT |
|
Sec. 297.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY |
|
PAYMENT. The commissioners court of a county may require a |
|
mandatory payment authorized under this chapter by an institutional |
|
health care provider in the county only in the manner provided by |
|
this chapter. |
|
Sec. 297.052. MAJORITY VOTE REQUIRED. The commissioners |
|
court of a county may not authorize the county to collect a |
|
mandatory payment authorized under this chapter without an |
|
affirmative vote of a majority of the members of the commissioners |
|
court. |
|
Sec. 297.053. RULES AND PROCEDURES. After the |
|
commissioners court has voted to require a mandatory payment |
|
authorized under this chapter, the commissioners court may adopt |
|
rules relating to the administration of the mandatory payment. |
|
Sec. 297.054. INSTITUTIONAL HEALTH CARE PROVIDER |
|
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a |
|
county that collects a mandatory payment authorized under this |
|
chapter shall require each institutional health care provider to |
|
submit to the county a copy of any financial and utilization data |
|
required by and reported to the Department of State Health Services |
|
under Sections 311.032 and 311.033 and any rules adopted by the |
|
executive commissioner of the Health and Human Services Commission |
|
to implement those sections. |
|
(b) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter may inspect the |
|
records of an institutional health care provider to the extent |
|
necessary to ensure compliance with the requirements of Subsection |
|
(a). |
|
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS |
|
Sec. 297.101. HEARING. (a) Each year, the commissioners |
|
court of a county that collects a mandatory payment authorized |
|
under this chapter shall hold a public hearing on the amounts of any |
|
mandatory payments that the commissioners court intends to require |
|
during the year and how the revenue derived from those payments is |
|
to be spent. |
|
(b) Not later than the 10th day before the date of the |
|
hearing required under Subsection (a), the commissioners court of |
|
the county shall publish notice of the hearing in a newspaper of |
|
general circulation in the county. |
|
(c) A representative of a paying hospital is entitled to |
|
appear at the time and place designated in the public notice and to |
|
be heard regarding any matter related to the mandatory payments |
|
authorized under this chapter. |
|
Sec. 297.102. DEPOSITORY. (a) The commissioners court of |
|
each county that collects a mandatory payment authorized under this |
|
chapter by resolution shall designate one or more banks located in |
|
the county as the depository for mandatory payments received by the |
|
county. A bank designated as a depository serves for two years or |
|
until a successor is designated. |
|
(b) All income received by a county under this chapter, |
|
including the revenue from mandatory payments remaining after |
|
discounts and fees for assessing and collecting the payments are |
|
deducted, shall be deposited with the county depository in the |
|
county's local provider participation fund and may be withdrawn |
|
only as provided by this chapter. |
|
(c) All funds under this chapter shall be secured in the |
|
manner provided for securing county funds. |
|
Sec. 297.103. LOCAL PROVIDER PARTICIPATION FUND; |
|
AUTHORIZED USES OF MONEY. (a) Each county that collects a |
|
mandatory payment authorized under this chapter shall create a |
|
local provider participation fund. |
|
(b) The local provider participation fund of a county |
|
consists of: |
|
(1) all revenue received by the county attributable to |
|
mandatory payments authorized under this chapter, including any |
|
penalties and interest attributable to delinquent payments; |
|
(2) money received from the Health and Human Services |
|
Commission as a refund of an intergovernmental transfer from the |
|
county to the state for the purpose of providing the nonfederal |
|
share of Medicaid supplemental payment program payments, provided |
|
that the intergovernmental transfer does not receive a federal |
|
matching payment; and |
|
(3) the earnings of the fund. |
|
(c) Money deposited to the local provider participation |
|
fund may be used only to: |
|
(1) fund intergovernmental transfers from the county |
|
to the state to provide the nonfederal share of a Medicaid |
|
supplemental payment program authorized under the state Medicaid |
|
plan, the Texas Healthcare Transformation and Quality Improvement |
|
Program waiver issued under Section 1115 of the federal Social |
|
Security Act (42 U.S.C. Section 1315), or a successor waiver |
|
program authorizing similar Medicaid supplemental payment |
|
programs; |
|
(2) subsidize indigent programs; |
|
(3) pay the administrative expenses of the county |
|
solely for activities under this chapter; |
|
(4) refund a portion of a mandatory payment collected |
|
in error from a paying hospital; and |
|
(5) refund to paying hospitals the proportionate share |
|
of money received by the county from the Health and Human Services |
|
Commission that is not used to fund the nonfederal share of Medicaid |
|
supplemental payment program payments. |
|
(d) Money in the local provider participation fund may not |
|
be commingled with other county funds. |
|
(e) An intergovernmental transfer of funds described by |
|
Subsection (c)(1) and any funds received by the county as a result |
|
of an intergovernmental transfer described by that subsection may |
|
not be used by the county or any other entity to expand Medicaid |
|
eligibility under the Patient Protection and Affordable Care Act |
|
(Pub. L. No. 111-148) as amended by the Health Care and Education |
|
Reconciliation Act of 2010 (Pub. L. No. 111-152). |
|
SUBCHAPTER D. MANDATORY PAYMENTS |
|
Sec. 297.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL |
|
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the |
|
commissioners court of a county that collects a mandatory payment |
|
authorized under this chapter may require an annual mandatory |
|
payment to be assessed quarterly on the net patient revenue of each |
|
institutional health care provider located in the county. In the |
|
first year in which the mandatory payment is required, the |
|
mandatory payment is assessed on the net patient revenue of an |
|
institutional health care provider as determined by the data |
|
reported to the Department of State Health Services under Sections |
|
311.032 and 311.033 in the fiscal year ending in 2013. The county |
|
may update the amount of the mandatory payment on an annual basis |
|
based on data reported to the Department of State Health Services in |
|
a more recent fiscal year. |
|
(b) The amount of a mandatory payment authorized under this |
|
chapter must be uniformly proportionate with the amount of net |
|
patient revenue generated by each paying hospital in the county. A |
|
mandatory payment authorized under this chapter may not hold |
|
harmless any institutional health care provider, as required under |
|
42 U.S.C. Section 1396b(w). |
|
(c) The commissioners court of a county that collects a |
|
mandatory payment authorized under this chapter shall set the |
|
amount of the mandatory payment. The amount of the mandatory |
|
payment required of each paying hospital may not exceed an amount |
|
that, when added to the amount of the mandatory payments required |
|
from all other paying hospitals in the county, equals an amount of |
|
revenue that exceeds six percent of the aggregate net patient |
|
revenue of all paying hospitals in the county. |
|
(d) Subject to the maximum amount prescribed by Subsection |
|
(c), the commissioners court of a county that collects a mandatory |
|
payment authorized under this chapter shall set the mandatory |
|
payments in amounts that in the aggregate will generate sufficient |
|
revenue to cover the administrative expenses of the county for |
|
activities under this chapter, to fund the nonfederal share of a |
|
Medicaid supplemental payment program, and to pay for indigent |
|
programs, except that the amount of revenue from mandatory payments |
|
used for administrative expenses of the county for activities under |
|
this chapter in a year may not exceed the lesser of four percent of |
|
the total revenue generated from the mandatory payment or $20,000. |
|
(e) A paying hospital may not add a mandatory payment |
|
required under this section as a surcharge to a patient. |
|
Sec. 297.152. ASSESSMENT AND COLLECTION OF MANDATORY |
|
PAYMENTS. (a) Except as provided by Subsection (b), the county tax |
|
assessor-collector shall collect the mandatory payment authorized |
|
under this chapter. The county tax assessor-collector shall charge |
|
and deduct from mandatory payments collected for the county a fee |
|
for collecting the mandatory payment in an amount determined by the |
|
commissioners court of the county, not to exceed the county tax |
|
assessor-collector's usual and customary charges. |
|
(b) If determined by the commissioners court to be |
|
appropriate, the commissioners court may contract for the |
|
assessment and collection of mandatory payments in the manner |
|
provided by Title 1, Tax Code, for the assessment and collection of |
|
ad valorem taxes. |
|
(c) Revenue from a fee charged by a county tax |
|
assessor-collector for collecting the mandatory payment shall be |
|
deposited in the county general fund and, if appropriate, shall be |
|
reported as fees of the county tax assessor-collector. |
|
Sec. 297.153. INTEREST, PENALTIES, AND DISCOUNTS. |
|
Interest, penalties, and discounts on mandatory payments required |
|
under this chapter are governed by the law applicable to county ad |
|
valorem taxes. |
|
Sec. 297.154. PURPOSE; CORRECTION OF INVALID PROVISION OR |
|
PROCEDURE. (a) The purpose of this chapter is to generate revenue |
|
by collecting from institutional health care providers a mandatory |
|
payment to be used to provide the nonfederal share of a Medicaid |
|
supplemental payment program. |
|
(b) To the extent any provision or procedure under this |
|
chapter causes a mandatory payment authorized under this chapter to |
|
be ineligible for federal matching funds, the county may provide by |
|
rule for an alternative provision or procedure that conforms to the |
|
requirements of the federal Centers for Medicare and Medicaid |
|
Services. |
|
SECTION 16. Sections 775.0355(b) and (c), Health and Safety |
|
Code, are amended to read as follows: |
|
(b) This section applies only to a district located [wholly
|
|
in a county]: |
|
(1) wholly or partly in a county with a population of |
|
more than three million; |
|
(2) wholly in a county with a population of more than |
|
200,000 that borders Lake Palestine; or |
|
(3) wholly in a county with a population of less than |
|
200,000 that borders another state and the Gulf Intracoastal |
|
Waterway. |
|
(c) A person is disqualified from serving as an emergency |
|
services commissioner if that person: |
|
(1) is related within the third degree of affinity or |
|
consanguinity to: |
|
(A) a person providing professional services to |
|
the district; |
|
(B) a commissioner of the same district; or |
|
(C) a person who is an employee or volunteer of an |
|
emergency services organization providing emergency services to |
|
the district unless the emergency services are provided under a |
|
mutual aid agreement under Chapter 418, Government Code; |
|
(2) is an employee of a commissioner of the same |
|
district, attorney, or other person providing professional |
|
services to the district; |
|
(3) is serving as an attorney, consultant, or |
|
architect or in some other professional capacity for the district |
|
or an emergency services organization providing emergency services |
|
to the district; or |
|
(4) fails to maintain the qualifications required by |
|
law to serve as a commissioner. |
|
SECTION 17. Effective September 1, 2015, Section 775.0821, |
|
Health and Safety Code, is amended by amending Subsection (a) and |
|
adding Subsection (e) to read as follows: |
|
(a) This section applies only to a district to which Section |
|
775.082 applies that: |
|
(1) did not have any outstanding bonds secured by ad |
|
valorem taxes or any outstanding liabilities secured by ad valorem |
|
taxes having a term of more than one year during the previous fiscal |
|
year; |
|
(2) did not receive more than a total of $250,000 in |
|
gross receipts from operations, loans, taxes, or contributions |
|
during the previous fiscal year; and |
|
(3) did not have a total of more than $250,000 in cash |
|
and temporary investments during the previous fiscal year. |
|
(e) A district that files compiled financial statements in |
|
accordance with Subsection (b) and that maintains an Internet |
|
website shall have posted on the district's website the compiled |
|
financial statements for the most recent three years. |
|
SECTION 18. Effective September 1, 2015, 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. |
|
SECTION 19. Effective September 1, 2015, 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. |
|
SECTION 20. Effective September 1, 2015, 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. |
|
SECTION 21. Effective September 1, 2015, Subchapter B, |
|
Chapter 32, Human Resources Code, is amended by adding Section |
|
32.0264 to read as follows: |
|
Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC |
|
REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY |
|
JAILS. (a) In this section, "county jail" means a facility |
|
operated by or for a county for the confinement of persons accused |
|
or convicted of an offense. |
|
(b) If an individual is confined in a county jail because |
|
the individual has been charged with but not convicted of an |
|
offense, the commission shall suspend the individual's eligibility |
|
for medical assistance during the period the individual is confined |
|
in the county jail. |
|
(c) If an individual is confined in a county jail because |
|
the individual has been convicted of an offense, the commission |
|
shall, as appropriate: |
|
(1) terminate the individual's eligibility for medical |
|
assistance; or |
|
(2) suspend the individual's eligibility during the |
|
period the individual is confined in the county jail. |
|
(d) Not later than 48 hours after the commission is notified |
|
of the release from a county jail of an individual whose eligibility |
|
for medical assistance has been suspended under this section, the |
|
commission shall reinstate the individual's eligibility, provided |
|
the individual's eligibility certification period has not elapsed. |
|
Following the reinstatement, the individual remains eligible until |
|
the expiration of the period for which the individual was certified |
|
as eligible. |
|
SECTION 22. Section 118.018, Local Government Code, is |
|
amended by adding Subsection (d) to read as follows: |
|
(d) If a state agency determines that a marriage license fee |
|
was collected for a marriage license that is associated with a union |
|
other than a union between one man and one woman, the county clerk |
|
shall remit $30 to the comptroller. The comptroller shall deposit |
|
funds remitted under this subsection into the general revenue fund. |
|
SECTION 23. Section 118.019, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 118.019. DECLARATION OF INFORMAL MARRIAGE. (a) The |
|
fee for "Declaration of Informal Marriage" under Section 118.011 is |
|
for all services rendered in connection with the execution of a |
|
declaration of informal marriage under Section 2.402 [1.92], Family |
|
Code. The fee shall be collected at the time the service is |
|
rendered. |
|
(b) If a state agency determines that a declaration of |
|
informal marriage fee was collected for a declaration of informal |
|
marriage that is associated with a union other than a union between |
|
one man and one woman, the county clerk shall remit $12.50 to the |
|
comptroller. The comptroller shall deposit funds remitted under |
|
this subsection into the general revenue fund. |
|
SECTION 24. Effective September 1, 2015, 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. |
|
SECTION 25. Effective September 1, 2015, Subchapter C, |
|
Chapter 351, Local Government Code, is amended by adding Section |
|
351.046 to read as follows: |
|
Sec. 351.046. NOTICE TO CERTAIN GOVERNMENTAL ENTITIES. (a) |
|
The sheriff of a county may notify the Health and Human Services |
|
Commission: |
|
(1) on the confinement in the county jail of an |
|
individual who is receiving medical assistance benefits under |
|
Chapter 32, Human Resources Code; and |
|
(2) on the conviction of a prisoner who, immediately |
|
before the prisoner's confinement in the county jail, was receiving |
|
medical assistance benefits. |
|
(b) If the sheriff of a county chooses to provide the |
|
notices described by Subsection (a), the sheriff shall provide the |
|
notices electronically or by other appropriate means as soon as |
|
possible and not later than the 30th day after the date of the |
|
individual's confinement or prisoner's conviction, as applicable. |
|
(c) The sheriff of a county may notify: |
|
(1) the United States Social Security Administration |
|
of the release or discharge of a prisoner who, immediately before |
|
the prisoner's confinement in the county jail, was receiving: |
|
(A) Supplemental Security Income (SSI) benefits |
|
under 42 U.S.C. Section 1381 et seq.; or |
|
(B) Social Security Disability Insurance (SSDI) |
|
benefits under 42 U.S.C. Section 401 et seq.; and |
|
(2) the Health and Human Services Commission of the |
|
release or discharge of a prisoner who, immediately before the |
|
prisoner's confinement in the county jail, was receiving medical |
|
assistance benefits. |
|
(d) If the sheriff of a county chooses to provide the |
|
notices described by Subsection (c), the sheriff shall provide the |
|
notices electronically or by other appropriate means not later than |
|
48 hours after the prisoner's release or discharge from custody. |
|
(e) If the sheriff of a county chooses to provide the |
|
notices described by Subsection (c), at the time of the prisoner's |
|
release or discharge, the sheriff shall provide the prisoner with a |
|
written copy of each applicable notice and a phone number at which |
|
the prisoner may contact the Health and Human Services Commission |
|
regarding confirmation of or assistance relating to reinstatement |
|
of the individual's eligibility for medical assistance benefits, if |
|
applicable. |
|
(f) The Health and Human Services Commission shall |
|
establish a means by which the sheriff of a county, or an employee |
|
of the county or sheriff, may determine whether an individual |
|
confined in the county jail is or was, as appropriate, receiving |
|
medical assistance benefits under Chapter 32, Human Resources Code, |
|
for purposes of this section. |
|
(g) The county or sheriff, or an employee of the county or |
|
sheriff, is not liable in a civil action for damages resulting from |
|
a failure to comply with this section. |
|
SECTION 26. Section 501.106(b), Local Government Code, is |
|
amended to read as follows: |
|
(b) For a corporation to which this section applies, in this |
|
subtitle, "project" includes the land, buildings, facilities, |
|
infrastructure, and improvements that: |
|
(1) the corporation's board of directors finds are |
|
required or suitable for the development or promotion of new or |
|
expanded business enterprises through transportation facilities |
|
including airports, hangars, railports, rail switching facilities, |
|
maintenance and repair facilities, cargo facilities, marine ports, |
|
inland ports, mass commuting facilities, parking facilities, and |
|
related infrastructure located on or adjacent to an airport or |
|
railport facility [expansion of airport facilities]; or |
|
(2) are undertaken by the corporation if the |
|
municipality that authorized the creation of the corporation has, |
|
at the time the corporation approves the project as provided by this |
|
subtitle: |
|
(A) a population of less than 50,000; or |
|
(B) an average rate of unemployment that is |
|
greater than the state average rate of unemployment during the most |
|
recent 12-month period for which data is available that precedes |
|
the date the project is approved. |
|
SECTION 27. Section 501.160(d), Local Government Code, is |
|
amended to read as follows: |
|
(d) A corporation has all the powers necessary to own and |
|
operate a project as a business if: |
|
(1) the project is a military installation or military |
|
facility that has been closed or realigned, including a military |
|
installation or facility closed or realigned under the Defense Base |
|
Closure and Realignment Act of 1990 (10 U.S.C. Section 2687 note), |
|
as amended; or |
|
(2) the project is authorized under Section 501.106. |
|
SECTION 28. Effective September 1, 2015, Section 52.025, |
|
Natural Resources Code, is amended to read as follows: |
|
Sec. 52.025. DISPOSITION OF LEASE PAYMENTS. (a) Except as |
|
provided by Subsection (b), the [The] comptroller shall credit the |
|
permanent school fund with amounts received from unsurveyed school |
|
land and with two-thirds of the amount received from other areas and |
|
shall credit the General Revenue Fund with the remaining one-third |
|
of the payments for the other areas. |
|
(b) To the extent permissible under the Texas Constitution, |
|
the comptroller shall remit to a county the amount received from |
|
land owned in fee simple by the county. Money remitted to a county |
|
under this section shall be deposited to the credit of the county |
|
road and bridge fund of the county and may be used by the county only |
|
for road maintenance purposes. |
|
SECTION 29. Subchapter E, Chapter 1054, Special District |
|
Local Laws Code, is amended by adding Section 1054.2025 to read as |
|
follows: |
|
Sec. 1054.2025. GENERAL OBLIGATION BOND ELECTION. (a) The |
|
district may issue general obligation bonds only if the bonds are |
|
authorized by a majority of the district voters voting at an |
|
election held for that purpose. |
|
(b) The order calling the election shall provide for clerks |
|
as in county elections and must specify: |
|
(1) the date of the election; |
|
(2) the location of the polling places; |
|
(3) the presiding and alternate election judges for |
|
each polling place; |
|
(4) the amount of the bonds to be authorized; |
|
(5) the maximum interest rate of the bonds; and |
|
(6) the maximum maturity of the bonds. |
|
(c) Notice of a bond election shall be given as provided by |
|
Section 1251.003, Government Code. |
|
SECTION 30. Effective January 1, 2016, Section 11.1825, Tax |
|
Code, is amended by amending Subsections (s) and (v) and adding |
|
Subsection (z) to read as follows: |
|
(s) Unless otherwise provided by the governing body of a |
|
taxing unit any part of which is located in a county with a |
|
population of at least 1.8 million under Subsection (x) or as |
|
provided by Subsection (z), for property described by Subsection |
|
(f)(1), the amount of the exemption under this section from |
|
taxation is 50 percent of the appraised value of the property. |
|
(v) Except as provided by Subsection (z), notwithstanding |
|
[Notwithstanding] any other provision of this section, an |
|
organization may not receive an exemption from taxation of property |
|
described by Subsection (f)(1) by a taxing unit any part of which is |
|
located in a county with a population of at least 1.8 million unless |
|
the exemption is approved by the governing body of the taxing unit |
|
in the manner provided by law for official action. |
|
(z) Notwithstanding any other provision of this section, an |
|
owner of real property described by Subsection (f)(1) or (2) is |
|
entitled to an exemption under this section from taxation of 100 |
|
percent of the appraised value of the property regardless of |
|
whether the owner meets the requirements of Subsection (b) or of |
|
Subsections (c) and (d) if: |
|
(1) the owner is exempt from federal income taxation |
|
under Section 501(a), Internal Revenue Code of 1986, by being |
|
listed as an exempt entity under Section 501(c)(3) of that code and |
|
the owner otherwise qualifies for an exemption for the property |
|
under this section; |
|
(2) the property was previously owned by a local |
|
government corporation created by a municipality under Chapter 431, |
|
Transportation Code, or Chapter 394, Local Government Code, or a |
|
predecessor statute for purposes that include promoting, |
|
developing, encouraging, and maintaining affordable housing in a |
|
tax increment financing reinvestment zone created by the |
|
municipality under Chapter 311; and |
|
(3) the property is located in a county with a |
|
population of at least four million. |
|
SECTION 31. Effective September 1, 2015, Subchapter A, |
|
Chapter 311, Transportation Code, is amended by adding Section |
|
311.009 to read as follows: |
|
Sec. 311.009. COUNTY REQUEST FOR CLOSING OF ALLEY IN |
|
CERTAIN MUNICIPALITIES. (a) This section applies only to a |
|
municipality with a population of more than 10,000 but less than |
|
25,000 that has land area of less than four square miles and is |
|
located wholly within a county that has a population of more than |
|
2.3 million and a total area of less than 1,000 square miles. |
|
(b) If not otherwise restricted by a county, a municipality |
|
that receives a request for the abandonment of an alley located in |
|
any portion of the county shall, not later than the 30th day after |
|
the date the request was submitted, issue a final decision to grant |
|
or deny the request. |
|
(c) A request for which a final decision is not issued in the |
|
period described by Subsection (b) is considered to be granted. |
|
(d) A decision of the municipality under Subsection (b) may |
|
be appealed to a district or county court. |
|
SECTION 32. Effective September 1, 2015, Subchapter A, |
|
Chapter 623, Transportation Code, is amended by adding Section |
|
623.004 to read as follows: |
|
Sec. 623.004. ADMINISTRATION AND OVERSIGHT OF OVERWEIGHT |
|
CORRIDORS. (a) In this section, "overweight corridor" means a |
|
designated section of a state highway for which an optional |
|
procedure is authorized under this chapter for the issuance of |
|
permits: |
|
(1) by entities other than the Texas Department of |
|
Transportation or the department; and |
|
(2) for the movement of oversize or overweight |
|
vehicles. |
|
(b) The Texas Department of Transportation shall, after |
|
receiving input from local officials: |
|
(1) set minimum requirements for determining the |
|
feasibility, viability, and economic impact of additional |
|
overweight corridors that take into consideration traffic volume, |
|
safety concerns, ability to recover costs, and the role of |
|
overweight corridors within a statewide plan for freight mobility; |
|
(2) use the requirements set under Subdivision (1) to |
|
periodically develop recommendations for additional overweight |
|
corridors that would benefit the state; |
|
(3) include any recommendations developed under |
|
Subdivision (2) in the plan described by Section 201.6011; and |
|
(4) create a pavement management plan for each |
|
operational overweight corridor. |
|
(c) The Texas Department of Transportation, in consultation |
|
with interested parties, shall: |
|
(1) establish performance measures for each |
|
operational overweight corridor; and |
|
(2) include in the plan described by Section 201.6011 |
|
the results of an evaluation using the performance measures |
|
disaggregated by overweight corridor. |
|
(d) An entity issuing overweight corridor permits under |
|
this chapter shall: |
|
(1) report information necessary for an evaluation |
|
using performance measures established under Subsection (c) to the |
|
Texas Department of Transportation; and |
|
(2) in setting a fee for the permit, consider the |
|
pavement management plan created under Subsection (b)(4) for the |
|
overweight corridor. |
|
(e) The department may: |
|
(1) issue overweight corridor permits on behalf of an |
|
entity authorized to issue the permits under this chapter; and |
|
(2) establish and charge a fee for issuing a permit |
|
under Subdivision (1) in an amount sufficient to recover the actual |
|
cost of issuance. |
|
(f) A fee collected under Subsection (e)(2) shall be sent to |
|
the comptroller for deposit to the credit of the Texas Department of |
|
Motor Vehicles fund and may be appropriated only to the department |
|
for the administration of this section. |
|
SECTION 33. Subchapter E, Chapter 13, Water Code, is |
|
amended by adding Section 13.1461 to read as follows: |
|
Sec. 13.1461. CORRECTIONAL FACILITY COMPLIANCE WITH |
|
CONSERVATION MEASURES. A retail public utility may require the |
|
operator of a correctional facility, as defined by Section |
|
1.07(14), Penal Code, that receives retail water or sewer utility |
|
service from the retail public utility to comply with uniform water |
|
conservation measures adopted or implemented by the retail public |
|
utility. This section does not authorize a retail public utility to |
|
require a correctional facility to: |
|
(1) alter or remove facilities installed on or before |
|
September 1, 2015; or |
|
(2) install devices that the correctional facility |
|
determines may disrupt the operation of the correctional facility. |
|
SECTION 34. Effective September 1, 2015, Subchapter G, |
|
Chapter 13, Water Code, is amended by adding Section 13.2541 to read |
|
as follows: |
|
Sec. 13.2541. REVOCATION OF CERTIFICATE FOR CERTAIN MAJOR |
|
VIOLATORS. (a) Utility commission staff shall file a petition to |
|
revoke an investor-owned water utility's certificate of public |
|
convenience and necessity if the staff has reason to believe: |
|
(1) the utility has committed repeated or continuous |
|
major violations of one or more commission rules related to safe |
|
drinking water for at least six years before the petition is filed; |
|
(2) none of the owners of the utility have borrowed |
|
money from a federally insured lending institution to use to remedy |
|
a violation of one or more commission rules related to safe drinking |
|
water; |
|
(3) the utility serves more than 1,000 connections but |
|
is made up of less than five public water systems; |
|
(4) the utility does not serve customers who are |
|
located in a municipality; and |
|
(5) the utility is located in a county with a |
|
population of more than four million. |
|
(b) If, after notice and hearing, the utility commission |
|
finds that the facts alleged in the petition are true, the utility |
|
commission may revoke the investor-owned water utility's |
|
certificate on or before the 90th day after the date the petition is |
|
filed. |
|
(c) At the time the utility commission revokes the |
|
certificate it shall appoint a temporary manager and temporarily |
|
transfer the certificate to the temporary manager. On accepting |
|
the transfer, the temporary manager has all the powers necessary to |
|
operate and manage the utility until the utility commission |
|
certifies another retail public utility. |
|
(d) Not more than 12 months after the date the utility |
|
commission appoints a temporary manager under Subsection (c), the |
|
utility commission shall offer at auction any property that the |
|
utility commission determines is rendered useless or valueless to |
|
the decertified investor-owned water utility as a result of the |
|
decertification. |
|
(e) Any person, including public and private water |
|
utilities and the temporary manager appointed under Subsection (c), |
|
may apply for approval to bid on the decertified utility's assets |
|
and property. The utility commission shall review each application |
|
and approve applicants that it determines have the financial, |
|
managerial, and technical ability to provide safe, adequate, and |
|
continuous water service to the decertified utility's customers. |
|
Only approved applicants may bid in the auction. The utility |
|
commission shall request proposals from all approved bidders. |
|
(f) Before the auction, the utility commission and the |
|
temporary manager shall: |
|
(1) make the books and records of the decertified |
|
utility available to all approved bidders; and |
|
(2) provide an opportunity for all approved bidders to |
|
inspect the decertified utility's assets and property. |
|
(g) Each bid must: |
|
(1) estimate the rates the bidder would charge for |
|
service during the first five years following the date of the sale; |
|
and |
|
(2) agree that the bidder, if the bidder purchases the |
|
assets and property, will consider making improvements to remedy |
|
and prevent damages from previous violations of commission rules |
|
related to safe drinking water before the third anniversary of the |
|
purchase date. |
|
(h) The utility commission shall select the bidder that has |
|
the best plan to remedy previous violations of commission rules, as |
|
determined by the utility commission, and, on completion of the |
|
sale to the selected bidder and payment to the decertified utility, |
|
transfer the certificate of public convenience and necessity from |
|
the temporary manager to the selected bidder. |
|
(i) This section expires December 31, 2019. |
|
SECTION 35. Effective September 1, 2015, Section 60.039(a), |
|
Water Code, is amended to read as follows: |
|
(a) The commission may lease the surface of land for not |
|
more than 50 [30] years by the entry of an order on the minutes of |
|
the commission and the execution of a lease in the manner provided |
|
by the original order. The lease may not be extended beyond the |
|
50-year [30-year] period by renewal, extension, or otherwise, |
|
except that the commission may extend a lease beyond a 50-year |
|
period for residential property located in a district in which at |
|
least 50 percent of the property is residential property. |
|
SECTION 36. Effective September 1, 2015, Section 60.040, |
|
Water Code, is amended to read as follows: |
|
Sec. 60.040. PUBLICATION OF NOTICE FOR SALES AND LEASES IN |
|
EXCESS OF 50 [30] YEARS. Before making a sale or lease of land for |
|
more than 50 [30] years, the commission shall publish a notice in |
|
the manner provided in Section 60.035 [of this subchapter]. |
|
SECTION 37. Effective September 1, 2015, Section 60.041, |
|
Water Code, is amended to read as follows: |
|
Sec. 60.041. SECURITY FOR BIDS ON LAND TO BE SOLD OR LEASED |
|
FOR MORE THAN 50 [30] YEARS. Each bid submitted on land to be sold |
|
or leased for more than 50 [30] years shall be accompanied by a |
|
certified check, cashier's check, or bidder's bond with a |
|
responsible corporate surety authorized to do business in Texas. |
|
The check or bond shall be in an amount equal to the bid for the land |
|
or for the first rental payment under the lease and shall guarantee |
|
that the bidder will perform the terms of the [his] bid if it is |
|
accepted by the commission. |
|
SECTION 38. Effective September 1, 2015, the heading to |
|
Section 60.042, Water Code, is amended to read as follows: |
|
Sec. 60.042. AWARD AND EXECUTION OF DEED OR LEASE IN EXCESS |
|
OF 50 [30] YEARS. |
|
SECTION 39. Effective September 1, 2015, the following |
|
sections of the Health and Safety Code are repealed: |
|
(1) Section 262.034; |
|
(2) Section 285.101(d); and |
|
(3) Section 288.0032. |
|
SECTION 40. Except as otherwise provided by this section, |
|
Section 194.001(c), Health and Safety Code, and Sections 118.018(d) |
|
and 118.019(b), Local Government Code, as added by this Act, apply |
|
only to a marriage license issued or declaration of informal |
|
marriage recorded on or after the effective date of this Act. If |
|
this Act takes effect before June 1, 2015, Section 194.001(c), |
|
Health and Safety Code, and Sections 118.018(d) and 118.019(b), |
|
Local Government Code, as added by this Act, do not apply to a |
|
marriage license issued or declaration of informal marriage |
|
recorded before that date. |
|
SECTION 41. Sections 32.0264(a)-(c), Human Resources Code, |
|
and Section 351.046(a), Local Government Code, as added by this |
|
Act, apply to an individual whose period of confinement in a county |
|
jail begins on or after the effective date of this Act, regardless |
|
of the date the individual was determined eligible for medical |
|
assistance under Chapter 32, Human Resources Code. |
|
SECTION 42. Section 32.0264(d), Human Resources Code, and |
|
Section 351.046(c), Local Government Code, as added by this Act, |
|
apply to the release or discharge of a prisoner from a county jail |
|
that occurs on or after the effective date of this Act, regardless |
|
of the date the prisoner was initially confined in the county jail. |
|
SECTION 43. Section 1054.2025, Special District Local Laws |
|
Code, as added by this Act, applies only to general obligation bonds |
|
issued by the Lynn County Hospital District on or after the |
|
effective date of this Act. |
|
SECTION 44. Section 11.1825, Tax Code, as amended by this |
|
Act, applies only to ad valorem taxes imposed for a tax year |
|
beginning on or after January 1, 2016. |
|
SECTION 45. Sections 60.039, 60.040, 60.041, and 60.042, |
|
Water Code, as amended by this Act, apply only to a lease entered |
|
into on or after September 1, 2015. A lease entered into before |
|
September 1, 2015, is governed by the law in effect on the date the |
|
lease was entered into, and the former law is continued in effect |
|
for that purpose. |
|
SECTION 46. If before implementing any provision of this |
|
Act a state agency determines that a waiver or authorization from a |
|
federal agency is necessary for implementation of that provision, |
|
the agency affected by the provision shall request the waiver or |
|
authorization and may delay implementing that provision until the |
|
waiver or authorization is granted. |
|
SECTION 47. Except as otherwise provided by this Act, this |
|
Act takes effect immediately if it receives a vote of two-thirds of |
|
all the members elected to each house, as provided by Section 39, |
|
Article III, Texas Constitution. If this Act does not receive the |
|
vote necessary for immediate effect, this Act takes effect |
|
September 1, 2015. |
|
|
|
* * * * * |