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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters; authorizing a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN |
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SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN |
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SERVICES PROGRAMS |
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SECTION 1.01. (a) This section applies to any state agency |
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that receives an appropriation under Article II of the General |
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Appropriations Act and to any program administered by any of those |
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agencies. |
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(b) Notwithstanding any other statute of this state, each |
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state agency to which this section applies is authorized to reduce |
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or recover expenditures by: |
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(1) consolidating any reports or publications the |
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agency is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the agency grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the agency's |
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duties; |
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(4) adopting additional eligibility requirements |
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consistent with federal law for persons who receive benefits under |
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any law the agency administers to ensure that those benefits are |
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received by the most deserving persons consistent with the purposes |
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for which the benefits are provided, including under the following |
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laws: |
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(A) Chapter 62, Health and Safety Code (child |
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health plan program); |
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(B) Chapter 31, Human Resources Code (Temporary |
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Assistance for Needy Families program); |
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(C) Chapter 32, Human Resources Code (Medicaid |
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program); |
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(D) Chapter 33, Human Resources Code |
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(supplemental nutrition assistance and other nutritional |
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assistance programs); and |
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(E) Chapter 533, Government Code (Medicaid |
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managed care); |
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(5) providing that any communication between the |
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agency and another person and any document required to be delivered |
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to or by the agency, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; |
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(6) adopting and collecting fees or charges to cover |
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any costs the agency incurs in performing its lawful functions; and |
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(7) modifying and streamlining processes used in: |
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(A) the conduct of eligibility determinations |
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for programs listed in Subdivision (4) of this subsection by or |
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under the direction of the Health and Human Services Commission; |
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(B) the provision of child and adult protective |
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services by the Department of Family and Protective Services; |
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(C) the provision of community health services, |
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consumer protection services, and mental health services by the |
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Department of State Health Services; and |
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(D) the provision or administration of other |
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services provided or programs operated by the Health and Human |
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Services Commission or a health and human services agency, as |
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defined by Section 531.001, Government Code. |
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SECTION 1.02. Subchapter A, Chapter 533, Government Code, |
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is amended by adding Sections 533.00291, 533.00292, and 533.00293 |
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to read as follows: |
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Sec. 533.00291. CARE COORDINATION BENEFITS. (a) In this |
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section, "care coordination" means assisting recipients to develop |
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a plan of care, including a service plan, that meets the recipient's |
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needs and coordinating the provision of Medicaid benefits in a |
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manner that is consistent with the plan of care. The term is |
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synonymous with "case management," "service coordination," and |
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"service management." |
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(b) The commission shall streamline and clarify the |
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provision of care coordination benefits across Medicaid programs |
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and services for recipients receiving benefits under a managed care |
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delivery model. In streamlining and clarifying the provision of |
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care coordination benefits under this section, the commission shall |
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at a minimum: |
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(1) subject to Subsection (c), establish a process for |
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determining and designating a single entity as the primary entity |
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responsible for a recipient's care coordination; |
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(2) evaluate and eliminate duplicative services |
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intended to achieve recipient care coordination, including care |
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coordination or related benefits provided: |
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(A) by a Medicaid managed care organization; |
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(B) by a recipient's medical or health home; |
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(C) through a disease management program |
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provided by a Medicaid managed care organization; |
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(D) by a provider of targeted case management and |
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psychiatric rehabilitation services; and |
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(E) through a program of case management for |
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high-risk pregnant women and high-risk children established under |
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Section 22.0031, Human Resources Code; |
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(3) evaluate and, if the commission determines it |
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appropriate, modify the capitation rate paid to Medicaid managed |
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care organizations to account for the provision of care |
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coordination benefits by a person not affiliated with the |
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organization; and |
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(4) establish and use a consistent set of terms for |
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care coordination provided under a managed care delivery model. |
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(c) In establishing a process under Subsection (b)(1), the |
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commission shall ensure that: |
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(1) for a recipient who receives targeted case |
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management and psychiatric rehabilitation services, the default |
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entity to act as the primary entity responsible for the recipient's |
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care coordination under Subsection (b)(1) is the provider of |
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targeted case management and psychiatric rehabilitation services; |
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and |
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(2) for recipients other than those described by |
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Subdivision (1), the process includes an evaluation process |
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designed to identify the provider that would best meet the care |
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coordination needs of a recipient and that the commission |
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incorporates into Medicaid managed care program contracts. |
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Sec. 533.00292. CARE COORDINATOR CASELOAD STANDARDS. (a) |
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In this section: |
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(1) "Care coordination" has the meaning assigned by |
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Section 533.00291. |
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(2) "Care coordinator" means a person, including a |
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case manager, engaged by a Medicaid managed care organization to |
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provide care coordination benefits. |
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(b) The executive commissioner by rule shall establish |
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caseload standards for care coordinators providing care |
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coordination under the STAR+PLUS home and community-based services |
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supports (HCBS) program. |
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(c) The executive commissioner by rule may, if the executive |
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commissioner determines it appropriate, establish caseload |
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standards for care coordinators providing care coordination under |
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Medicaid programs other than the STAR+PLUS home and community-based |
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services supports (HCBS) program. |
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(d) In determining whether to establish caseload standards |
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for a Medicaid program under Subsection (c), the executive |
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commissioner shall consider whether implementing the standards |
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would improve: |
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(1) Medicaid managed care organization contract |
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compliance; |
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(2) the quality of care coordination provided under |
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the program; |
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(3) recipient health outcomes; and |
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(4) transparency regarding the availability of care |
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coordination benefits to recipients and interested stakeholders. |
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Sec. 533.00293. INFORMATION SHARING. (a) In this section: |
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(1) "Care coordination" has the meaning assigned by |
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Section 533.00291. |
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(2) "Care coordinator" has the meaning assigned by |
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Section 533.00292. |
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(b) To the extent permitted under applicable federal and |
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state law enacted to protect the confidentiality and privacy of |
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patients' health information, managed care organizations under |
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contract with the commission to provide health care services to |
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recipients shall ensure the sharing of information, including |
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recipient medical records, among care coordinators and health care |
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providers as appropriate to provide care coordination benefits. |
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For purposes of implementing this section, a managed care |
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organization may allow a care coordinator to share a recipient's |
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service plan with health care providers, subject to the limitations |
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of this section. |
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SECTION 1.03. Subchapter B, Chapter 531, Government Code, |
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is amended by adding Section 531.0993 to read as follows: |
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Sec. 531.0993. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST, |
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AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO |
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REDUCE WAIT TIME FOR FORENSIC COMMITMENT. (a) For purposes of this |
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section, "low-income household" means a household with a total |
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income at or below 200 percent of the federal poverty guideline. |
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(b) Using money appropriated to the commission for that |
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purpose, the commission shall make grants to county-based community |
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collaboratives for the purposes of reducing: |
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(1) recidivism by, the frequency of arrests of, and |
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incarceration of persons with mental illness; and |
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(2) the total waiting time for forensic commitment of |
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persons with mental illness to a state hospital. |
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(c) A community collaborative is eligible to receive a grant |
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under this section only if the collaborative includes a county, a |
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local mental health authority that operates in the county, and each |
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hospital district, if any, located in the county. A community |
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collaborative may include other local entities designated by the |
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collaborative's members. |
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(d) The commission shall condition each grant provided to a |
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community collaborative under this section on the collaborative |
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providing matching funds from non-state sources in a total amount |
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at least equal to the awarded grant amount. To raise matching |
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funds, a collaborative may seek and receive gifts, grants, or |
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donations from any person. |
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(e) The commission shall estimate the number of cases of |
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serious mental illness in low-income households located in each of |
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the 10 most populous counties in this state. For the purposes of |
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distributing grants under this section to community collaboratives |
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established in those 10 counties, for each fiscal year the |
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commission shall determine an amount of grant money available on a |
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per-case basis by dividing the total amount of money appropriated |
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to the commission for the purpose of making grants under this |
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section in that year by the estimated total number of cases of |
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serious mental illness in low-income households located in those 10 |
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counties. |
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(f) The commission shall make available to a community |
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collaborative established in each of the 10 most populous counties |
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in this state a grant in an amount equal to the lesser of: |
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(1) an amount determined by multiplying the per-case |
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amount determined under Subsection (e) by the estimated number of |
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cases of serious mental illness in low-income households in that |
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county; or |
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(2) an amount equal to the collaborative's available |
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matching funds. |
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(g) To the extent appropriated money remains available to |
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the commission for that purpose after the commission awards grants |
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under Subsection (f), the commission shall make available to |
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community collaboratives established in other counties in this |
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state grants through a competitive request for proposal process. |
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For purposes of awarding a grant under this subsection, a |
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collaborative may include adjacent counties if, for each member |
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county, the collaborative's members include a local mental health |
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authority that operates in the county and each hospital district, |
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if any, located in the county. A grant awarded under this |
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subsection may not exceed an amount equal to the lesser of: |
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(1) an amount determined by multiplying the per-case |
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amount determined under Subsection (e) by the estimated number of |
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cases of serious mental illness in low-income households in the |
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county or counties; or |
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(2) an amount equal to the collaborative's available |
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matching funds. |
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(h) The community collaboratives established in each of the |
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10 most populous counties in this state shall submit to the |
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commission a plan that: |
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(1) is endorsed by each of the collaborative's member |
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entities; |
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(2) identifies a target population; |
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(3) describes how the grant money and matching funds |
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will be used; |
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(4) includes outcome measures to evaluate the success |
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of the plan, including the plan's effect on reducing state hospital |
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admissions of the target population; and |
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(5) describes how the success of the plan in |
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accordance with the outcome measures would further the state's |
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interest in the grant program's purposes. |
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(i) A community collaborative that applies for a grant under |
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Subsection (g) must submit to the commission a plan as described by |
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Subsection (h). The commission shall consider the submitted plan |
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together with any other relevant information in awarding a grant |
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under Subsection (g). |
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(j) The commission must review and approve plans submitted |
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under Subsection (h) or (i) before the commission distributes a |
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grant under Subsection (f) or (g). If the commission determines |
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that a plan includes insufficient outcome measures, the commission |
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may make the necessary changes to the plan to establish appropriate |
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outcome measures. The commission may not make other changes to a |
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plan submitted under Subsection (h) or (i). |
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(k) Acceptable uses for the grant money and matching funds |
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include: |
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(1) the continuation of a mental health jail diversion |
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program; |
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(2) the establishment or expansion of a mental health |
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jail diversion program; |
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(3) the establishment of alternatives to competency |
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restoration in a state hospital, including outpatient competency |
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restoration, inpatient competency restoration in a setting other |
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than a state hospital, or jail-based competency restoration; |
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(4) the provision of assertive community treatment or |
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forensic assertive community treatment with an outreach component; |
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(5) the provision of intensive mental health services |
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and substance abuse treatment not readily available in the county; |
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(6) the provision of continuity of care services for |
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an individual being released from a state hospital; |
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(7) the establishment of interdisciplinary rapid |
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response teams to reduce law enforcement's involvement with mental |
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health emergencies; and |
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(8) the provision of local community hospital, crisis, |
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respite, or residential beds. |
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(l) Not later than December 31 of each year for which the |
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commission distributes a grant under this section, each community |
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collaborative that receives a grant shall prepare and submit a |
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report describing the effect of the grant money and matching funds |
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in achieving the standard defined by the outcome measures in the |
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plan submitted under Subsection (h) or (i). |
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(m) The commission may make inspections of the operation and |
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provision of mental health services provided by a community |
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collaborative to ensure state money appropriated for the grant |
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program is used effectively. |
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(n) The commission shall enter into an agreement with a |
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qualified nonprofit or private entity to serve as the administrator |
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of the grant program at no cost to the state. The administrator |
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shall assist, support, and advise the commission in fulfilling the |
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commission's responsibilities with respect to the grant program. |
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The administrator may advise the commission on: |
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(1) design, development, implementation, and |
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management of the program; |
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(2) eligibility requirements for grant recipients; |
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(3) design and management of the competitive bidding |
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processes for applications or proposals and the evaluation and |
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selection of grant recipients; |
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(4) grant requirements and mechanisms; |
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(5) roles and responsibilities of grant recipients; |
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(6) reporting requirements for grant recipients; |
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(7) support and technical capabilities; |
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(8) timelines and deadlines for the program; |
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(9) evaluation of the program and grant recipients; |
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(10) requirements for reporting on the program to |
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policy makers; and |
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(11) estimation of the number of cases of serious |
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mental illness in low-income households in each county. |
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SECTION 1.04. Subchapter A, Chapter 261, Family Code, is |
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amended by adding Section 261.004 to read as follows: |
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Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR |
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NEGLECT REPORTS. The department shall collect, compile, and |
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monitor data regarding repeated reports of abuse or neglect |
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involving the same child or by the same alleged perpetrator. In |
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compiling reports under this section, the department shall group |
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together separate reports involving different children residing in |
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the same household. |
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SECTION 1.05. Subchapter A, Chapter 265, Family Code, is |
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amended by adding Sections 265.0041 and 265.0042 to read as |
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follows: |
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Sec. 265.0041. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND |
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EARLY INTERVENTION SERVICES. (a) The department shall use |
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existing risk terrain modeling systems, predictive analytics, or |
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geographic risk assessments to: |
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(1) identify geographic areas that have high risk |
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indicators of child maltreatment and child fatalities resulting |
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from abuse or neglect; and |
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(2) target the implementation and use of prevention |
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and early intervention services to those geographic areas. |
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(b) The department may not use data gathered under this |
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section to identify a specific family or individual. |
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Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER |
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EDUCATION. (a) The Health and Human Services Commission, on behalf |
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of the department, shall enter into agreements with institutions of |
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higher education to conduct efficacy reviews of any prevention and |
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early intervention programs that have not previously been evaluated |
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for effectiveness through a scientific research evaluation |
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process. |
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(b) The department shall collaborate with an institution of |
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higher education to create and track indicators of child well-being |
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to determine the effectiveness of prevention and early intervention |
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services. |
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SECTION 1.06. If before implementing any provision of this |
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article a state agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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SECTION 1.07. (a) Except as otherwise provided by this |
|
section, this article takes effect September 1, 2017. |
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(b) Section 1.03 of this article takes effect immediately if |
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this Act receives a vote of two-thirds of all the members elected to |
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each house, as provided by Section 39, Article III, Texas |
|
Constitution. If this Act does not receive the vote necessary for |
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Section 1.03 to have immediate effect, that section takes effect |
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September 1, 2017. |
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ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION |
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SECTION 2.01. (a) This section applies to the Texas |
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Education Agency, the Texas School for the Blind and Visually |
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Impaired, the Texas School for the Deaf, and the Teacher Retirement |
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System of Texas. |
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(b) Notwithstanding any other statute of this state, each |
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entity to which this section applies is authorized to reduce or |
|
recover expenditures by: |
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(1) consolidating any reports or publications the |
|
entity is required to make and filing or delivering any of those |
|
reports or publications exclusively by electronic means; |
|
(2) extending the effective period of any license, |
|
permit, or registration the entity grants or administers; |
|
(3) entering into a contract with another governmental |
|
entity or with a private vendor to carry out any of the entity's |
|
duties; |
|
(4) modifying the services provided to and the |
|
eligibility requirements, including the procedures to determine |
|
eligibility, for persons who receive benefits under any federal or |
|
state law the entity administers to ensure that those benefits are |
|
received by the most deserving persons consistent with the purposes |
|
for which the benefits are provided; |
|
(5) providing that any communication between the |
|
entity and another person and any document required to be delivered |
|
to or by the entity, including any application, notice, billing |
|
statement, receipt, or certificate, may be made or delivered by |
|
e-mail or through the Internet; and |
|
(6) adopting and collecting fees or charges to cover |
|
any costs the entity incurs in performing its lawful functions. |
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SECTION 2.02. An employee of an entity described by Section |
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1.01 of this Act is not entitled to an amount from the state for |
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expenses, including office expenses or reimbursement of office |
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expenses, per diem, travel, or a salary or salary supplement that |
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exceeds the amount authorized for those purposes by the General |
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Appropriations Act. |
|
SECTION 2.03. Section 21.4021(a), Education Code, is |
|
amended to read as follows: |
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(a) Notwithstanding Section 21.401 and subject to Section |
|
21.4022, the board of trustees of a school district may, in |
|
accordance with district policy, implement a furlough program and |
|
reduce the number of days of service otherwise required under |
|
Section 21.401 by not more than seven [six] days of service during a |
|
school year if the commissioner certifies in accordance with |
|
Section 42.009 that the district will be provided with less state |
|
and local funding for that year than was provided to the district |
|
for the 2016-2017 [2010-2011] school year. |
|
SECTION 2.04. Section 25.112(a), Education Code, is amended |
|
to read as follows: |
|
(a) Except as otherwise authorized by this section, a school |
|
district may not enroll more than a district-wide average of 23 |
|
[22] students in [a] kindergarten, first, second, third, and [or] |
|
fourth grade classes [class]. That limitation does not apply |
|
during: |
|
(1) any 12-week period of the school year selected by |
|
the district, in the case of a district whose average daily |
|
attendance is adjusted under Section 42.005(c); or |
|
(2) the last 12 weeks of any school year in the case of |
|
any other district. |
|
SECTION 2.05. Section 42.009, Education Code, is amended to |
|
read as follows: |
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Sec. 42.009. DETERMINATION OF FUNDING LEVELS. (a) Not |
|
later than July 1 of each year, the commissioner shall determine for |
|
each school district whether the estimated amount of state and |
|
local funding per student in weighted average daily attendance to |
|
be provided to the district under the Foundation School Program for |
|
maintenance and operations for the following school year is less |
|
than the amount provided to the district for the 2016-2017 |
|
[2010-2011] school year. If the amount estimated to be provided is |
|
less, the commissioner shall certify the percentage decrease in |
|
funding to be provided to the district. |
|
(b) In making the determinations regarding funding levels |
|
required by Subsection (a), the commissioner shall: |
|
(1) make adjustments as necessary to reflect changes |
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in a school district's maintenance and operations tax rate; |
|
(2) for a district required to take action under |
|
Chapter 41 to reduce its wealth per student to the equalized wealth |
|
level, base the determinations on the district's net funding levels |
|
after deducting any amounts required to be expended by the district |
|
to comply with Chapter 41; and |
|
(3) determine a district's weighted average daily |
|
attendance in accordance with this chapter as it existed on January |
|
1, 2017 [2011]. |
|
SECTION 2.06. Section 825.404(b), Government Code, is |
|
amended to read as follows: |
|
(b) Before November 15 [2] of each even-numbered year, the |
|
board of trustees, in coordination with the Legislative Budget |
|
Board, shall certify to the comptroller of public accounts for |
|
review and adoption an estimate of the amount necessary to pay the |
|
state's contributions to the retirement system for the following |
|
biennium. For qualifying employees under Subsection (a-1)(1), the |
|
board of trustees shall include only the amount payable by the state |
|
under Subsection (a-1)(1) in determining the amount to be |
|
certified. |
|
SECTION 2.07. Section 1575.202(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) Each state fiscal year, the state shall contribute to |
|
the fund an amount equal to 0.98 [one] percent of the salary of each |
|
active employee. |
|
SECTION 2.08. (a) Section 28.053(i), Education Code, is |
|
amended to read as follows: |
|
(i) The commissioner shall analyze and adjust, as needed, |
|
the sum of and number of awards to ensure that the purpose of the |
|
program is realized and to account for any budgetary constraints. |
|
(b) This section applies beginning with the 2017-2018 |
|
school year. |
|
SECTION 2.09. Section 21.402(c-1), Education Code, is |
|
repealed. |
|
SECTION 2.10. (a) Sections 2.03, 2.04, and 2.05 of this |
|
article apply beginning with the 2017-2018 school year. |
|
(b) Sections 2.06 and 2.07 of this article apply beginning |
|
with the state fiscal year that begins September 1, 2017. |
|
ARTICLE 3. MISCELLANEOUS MATTERS |
|
SECTION 3.01. Subchapter A, Chapter 441, Government Code, |
|
is amended by adding Section 441.0135 to read as follows: |
|
Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January |
|
1 of each odd-numbered year, the commission shall submit to the |
|
governor and the Legislative Budget Board a written report |
|
regarding all statutorily required reports prepared by and |
|
submitted to a state agency as defined by Section 441.180. The |
|
commission may consult with other state agencies in preparing the |
|
report. A state agency shall cooperate with the commission in |
|
securing the information necessary for preparing the report. The |
|
commission shall prescribe the method by which a state agency |
|
transmits to the commission information necessary to prepare the |
|
report, and may require the information to be submitted using the |
|
state electronic Internet portal. The report must include for each |
|
statutorily required report: |
|
(1) the title of and the agency preparing the report; |
|
(2) the statutory authority requiring the report; |
|
(3) the recipient of the report; |
|
(4) the deadline for submitting the report; |
|
(5) a brief description of the report; and |
|
(6) an assessment from each recipient of the report |
|
whether the report is necessary. |
|
(b) The report required by Subsection (a) must: |
|
(1) be made available to the public; and |
|
(2) provide indices by preparing agency, title of |
|
report, and report recipient. |
|
SECTION 3.02. Section 466.105, Government Code, is amended |
|
to read as follows: |
|
Sec. 466.105. APPLICABILITY OF OTHER LAW. [(a) A contract
|
|
for the acquisition or provision of facilities, supplies,
|
|
equipment, materials, or services related to the operation of the
|
|
lottery is not subject to:
|
|
[(1) Chapter 2054 or 2254; or
|
|
[(2) Subtitle D, Title 10.
|
|
[(b)] Notwithstanding the provisions of Title 2, Utilities |
|
Code, the commission may negotiate rates and execute contracts with |
|
telecommunications service providers for the interexchange |
|
services necessary for the operation of the lottery. The |
|
commission may acquire transmission facilities by lease, purchase, |
|
or lease-purchase. The acquisition of transmission facilities must |
|
be done on a competitive bid basis if possible. |
|
SECTION 3.03. Section 662.005(b), Government Code, is |
|
amended to read as follows: |
|
(b) Except as provided by Section 662.010, and |
|
notwithstanding Section 659.015 or another law, a state employee |
|
who is a peace officer commissioned by a state officer or state |
|
agency listed under Article 2.12, Code of Criminal Procedure, or |
|
who is employed by the Department of Public Safety either to perform |
|
communications or dispatch services related to traffic law |
|
enforcement or as a public security officer, as that term is defined |
|
by Section 1701.001, Occupations Code, or who is employed by the |
|
Parks and Wildlife Department to perform communications and |
|
dispatch services to assist law enforcement officers commissioned |
|
by the Parks and Wildlife Commission in performing law enforcement |
|
duties, or who is an employee of the Department of Family and |
|
Protective Services, and who is required to work on a national or |
|
state holiday that falls on a Saturday or Sunday is entitled to |
|
compensatory time off at the rate of one hour for each hour worked |
|
on the holiday. |
|
SECTION 3.04. Subchapter A, Chapter 2176, Government Code, |
|
is amended by adding Section 2176.007 to read as follows: |
|
Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) |
|
The comptroller shall conduct a study on the mail operations of each |
|
state agency in the executive branch of state government that |
|
receives an appropriation. The study must identify provisions of |
|
law relating to the mailing requirements for the agency that impede |
|
the efficient transmission and receipt of documents by the agency. |
|
(b) In conducting the study, the comptroller shall |
|
collaborate with other state agencies to consider the needs or |
|
concerns specific to those agencies. |
|
(c) Not later than November 1, 2018, the comptroller shall |
|
post the findings of the study conducted under this section on the |
|
comptroller's Internet website. |
|
(d) This section expires September 1, 2019. |
|
SECTION 3.05. Section 1951.003(a), Occupations Code, is |
|
amended to read as follows: |
|
(a) In this chapter, a person is engaged in the "business of |
|
structural pest control" if the person performs, offers to perform, |
|
or advertises for or solicits the person's performance of any of the |
|
following services [for compensation], including services |
|
performed as a part of the person's employment: |
|
(1) identifying infestations or making inspections |
|
for the purpose of identifying or attempting to identify |
|
infestations of: |
|
(A) arthropods, including insects, spiders, |
|
mites, ticks, and related pests, wood-infesting organisms, |
|
rodents, weeds, nuisance birds, and any other obnoxious or |
|
undesirable animals that may infest households, railroad cars, |
|
ships, docks, trucks, airplanes, or other structures or their |
|
contents; or |
|
(B) pests or diseases of trees, shrubs, or other |
|
plantings in a park or adjacent to a residence, business |
|
establishment, industrial plant, institutional building, or |
|
street; |
|
(2) making oral or written inspection reports, |
|
recommendations, estimates, or bids with respect to an infestation |
|
described by Subdivision (1); or |
|
(3) making contracts, or submitting bids based on an |
|
inspection for services or performing services designed to prevent, |
|
control, or eliminate an infestation described by Subdivision (1) |
|
by the use of insecticides, pesticides, rodenticides, fumigants, |
|
allied chemicals or substances, or mechanical devices. |
|
SECTION 3.06. Sections 23.1241(a)(1), (2), (7), and (9), |
|
Tax Code, are amended to read as follows: |
|
(1) "Dealer" means a person engaged in the business in |
|
this state of selling[, leasing, or renting] heavy equipment. The |
|
term does not include a bank, savings bank, savings and loan |
|
association, credit union, or other finance company. In addition, |
|
for purposes of taxation of a person's inventory of heavy equipment |
|
in a tax year, the term does not include a person who renders the |
|
person's inventory of heavy equipment for taxation in that tax year |
|
by filing a rendition statement or property report in accordance |
|
with Chapter 22. |
|
(2) "Dealer's heavy equipment inventory" means all |
|
items of heavy equipment that a dealer holds for sale at retail [,
|
|
lease, or rent] in this state [during a 12-month period]. |
|
(7) "Sales price" means: |
|
(A) the total amount of money paid or to be paid |
|
to a dealer for the purchase of an item of heavy equipment; or |
|
(B) for a purchase pursuant to a lease or rental |
|
with an option to purchase, the total amount of the lease or rental |
|
payments paid during the tax year in which the purchase occurs plus |
|
any final consideration paid or to be paid to the dealer for the |
|
purchase, excluding interest. |
|
(9) "Total annual sales" means the total of the[:
|
|
[(A)] sales price for each sale from a dealer's |
|
heavy equipment inventory in a 12-month period[; and
|
|
[(B)
lease and rental payments received for each
|
|
lease or rental of heavy equipment inventory in a 12-month period]. |
|
SECTION 3.07. Section 23.1241, Tax Code, is amended by |
|
adding Subsection (a-1) and amending Subsection (e) to read as |
|
follows: |
|
(a-1) For purposes of this section, an item of heavy |
|
equipment is not included in a dealer's heavy equipment inventory |
|
if: |
|
(1) the item was included in the dealer's heavy |
|
equipment inventory on January 1 of the preceding tax year and was |
|
not sold by the dealer in that tax year; and |
|
(2) for 30 days or more during the preceding tax year |
|
the item was either leased or rented by the dealer to one or more |
|
persons or used by any person for its intended purposes not related |
|
to demonstrating or testing the equipment for sale, lease, or rent. |
|
(e) A dealer is presumed to be an owner of a dealer's heavy |
|
equipment inventory on January 1 if, in the 12-month period ending |
|
on December 31 of the preceding year, the dealer sold[, leased, or
|
|
rented] an item of heavy equipment to a person other than a dealer. |
|
The presumption is not rebutted by the fact that a dealer has no |
|
item of heavy equipment physically on hand for sale from the |
|
dealer's heavy equipment inventory on January 1. |
|
SECTION 3.08. Sections 23.1242(b), (e), and (f), Tax Code, |
|
are amended to read as follows: |
|
(b) Except for an item of heavy equipment sold to a dealer, |
|
an item of heavy equipment included in a fleet transaction, an item |
|
of heavy equipment that is the subject of a subsequent sale, or an |
|
item of heavy equipment that is subject to a lease or rental, an |
|
owner or a person who has agreed by contract to pay the owner's |
|
current year property taxes levied against the owner's heavy |
|
equipment inventory shall assign a unit property tax to each item of |
|
heavy equipment sold from a dealer's heavy equipment inventory. |
|
[In the case of a lease or rental, the owner shall assign a unit
|
|
property tax to each item of heavy equipment leased or rented.] The |
|
unit property tax of each item of heavy equipment is determined by |
|
multiplying the sales price of the item [or the monthly lease or
|
|
rental payment received for the item, as applicable,] by the unit |
|
property tax factor. [If the transaction is a lease or rental, the
|
|
owner shall collect the unit property tax from the lessee or renter
|
|
at the time the lessee or renter submits payment for the lease or
|
|
rental.
The owner of the equipment shall state the amount of the
|
|
unit property tax assigned as a separate line item on an invoice.] |
|
On or before the 10th day of each month the owner shall, together |
|
with the statement filed by the owner as required by this section, |
|
deposit with the collector an amount equal to the total of unit |
|
property tax assigned to all items of heavy equipment sold[,
|
|
leased, or rented] from the dealer's heavy equipment inventory in |
|
the preceding month to which a unit property tax was assigned. The |
|
money shall be deposited by the collector to the credit of the |
|
owner's escrow account for prepayment of property taxes as provided |
|
by this section. An escrow account required by this section is used |
|
to pay property taxes levied against the dealer's heavy equipment |
|
inventory, and the owner shall fund the escrow account as provided |
|
by this subsection. |
|
(e) The comptroller by rule shall adopt a dealer's heavy |
|
equipment inventory tax statement form. Each month, a dealer shall |
|
complete the form regardless of whether an item of heavy equipment |
|
is sold[, leased, or rented]. A dealer may use no other form for |
|
that purpose. The statement may include the information the |
|
comptroller considers appropriate but shall include at least the |
|
following: |
|
(1) a description of each item of heavy equipment |
|
sold, [leased, or rented] including any unique identification or |
|
serial number affixed to the item by the manufacturer; |
|
(2) the sales price of [or lease or rental payment
|
|
received for] the item of heavy equipment[, as applicable]; |
|
(3) the unit property tax of the item of heavy |
|
equipment, if any; and |
|
(4) the reason no unit property tax is assigned if no |
|
unit property tax is assigned. |
|
(f) On or before the 10th day of each month, a dealer shall |
|
file with the collector the statement covering the sale[, lease, or
|
|
rental] of each item of heavy equipment sold[, leased, or rented] by |
|
the dealer in the preceding month. On or before the 10th day of a |
|
month following a month in which a dealer does not sell[, lease, or
|
|
rent] an item of heavy equipment, the dealer must file the statement |
|
with the collector and indicate that no sales[, leases, or rentals] |
|
were made in the prior month. A dealer shall file a copy of the |
|
statement with the chief appraiser and retain documentation |
|
relating to the disposition of each item of heavy equipment sold |
|
[and the lease or rental of each item of heavy equipment]. A chief |
|
appraiser or collector may examine documents held by a dealer as |
|
provided by this subsection in the same manner, and subject to the |
|
same conditions, as provided by Section 23.1241(g). |
|
SECTION 3.09. Section 156.251(d), Tax Code, is amended to |
|
read as follows: |
|
(d) An amount equal to the amount of revenue derived from |
|
the collection of taxes imposed by this chapter at a rate of |
|
one-half of one percent shall be allocated in the general revenue |
|
fund to be used for: |
|
(1) media advertising and other marketing activities |
|
of the Tourism Division of the Texas Department of Commerce; and |
|
(2) the seaport preliminary studies grant program |
|
established under Section 55.0031, Transportation Code. [Section
|
|
403.094(h), Government Code, does not apply to funds described in
|
|
this section. This subsection takes effect October 1, 1994.] |
|
SECTION 3.10. Section 55.002, Transportation Code, is |
|
amended by adding Subsection (b-1) to read as follows: |
|
(b-1) In addition to funding projects under Subsection (a), |
|
the department by rule shall establish a grant program to fund port |
|
security, transportation, or facility projects with money from the |
|
general revenue accounts, bond proceeds if allowed by other law, or |
|
any other money appropriated by the legislature. |
|
SECTION 3.11. Chapter 55, Transportation Code, is amended |
|
by adding Section 55.0031 to read as follows: |
|
Sec. 55.0031. SEAPORT PRELIMINARY STUDIES GRANT PROGRAM. |
|
The department by rule shall establish a program to provide grants |
|
for use in conducting preliminary studies or obtaining permits that |
|
may be required of the grant recipient to receive additional |
|
financial assistance for a port security, transportation, or |
|
facility project. |
|
SECTION 3.12. Section 201.946(d), Transportation Code, is |
|
amended to read as follows: |
|
(d) To the extent money is on deposit in the fund in amounts |
|
that are in excess of the money required by the proceedings |
|
authorizing the obligations and credit agreements to be retained on |
|
deposit, the commission: |
|
(1) shall use the money to retire, before maturity, |
|
the portion of the obligations that are callable; and |
|
(2) may use the money for any purpose for which |
|
obligations may be issued under this subchapter, other than for |
|
toll roads. |
|
SECTION 3.13. Section 23.1241(b-1), Tax Code, is repealed. |
|
SECTION 3.14. The changes in law made by this article that |
|
affect ad valorem taxes apply only to ad valorem taxes imposed for a |
|
tax year beginning on or after January 1, 2018. |
|
SECTION 3.15. The changes in law made by this article |
|
relating to the method of delivery or submission of a notice or |
|
report apply only to a notice or report that is required to be |
|
delivered or submitted on or after the effective date of this Act. |
|
A notice or report required to be delivered or submitted before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the notice or report was required to be delivered or submitted, |
|
and the former law is continued in effect for that purpose. |
|
ARTICLE 4. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE |
|
SECTION 4.01. Effective September 1, 2017, Sections |
|
403.095(b), (d), and (f), Government Code, are amended to read as |
|
follows: |
|
(b) Notwithstanding any law dedicating or setting aside |
|
revenue for a particular purpose or entity, dedicated revenues that |
|
on August 31, 2019 [2017], are estimated to exceed the amount |
|
appropriated by the General Appropriations Act or other laws |
|
enacted by the 85th [84th] Legislature are available for general |
|
governmental purposes and are considered available for the purpose |
|
of certification under Section 403.121. |
|
(d) Following certification of the General Appropriations |
|
Act and other appropriations measures enacted by the 85th [84th] |
|
Legislature, the comptroller shall reduce each dedicated account as |
|
directed by the legislature by an amount that may not exceed the |
|
amount by which estimated revenues and unobligated balances exceed |
|
appropriations. The reductions may be made in the amounts and at |
|
the times necessary for cash flow considerations to allow all the |
|
dedicated accounts to maintain adequate cash balances to transact |
|
routine business. The legislature may authorize, in the General |
|
Appropriations Act, the temporary delay of the excess balance |
|
reduction required under this subsection. This subsection does not |
|
apply to revenues or balances in: |
|
(1) funds outside the treasury; |
|
(2) trust funds, which for purposes of this section |
|
include funds that may or are required to be used in whole or in part |
|
for the acquisition, development, construction, or maintenance of |
|
state and local government infrastructures, recreational |
|
facilities, or natural resource conservation facilities; |
|
(3) funds created by the constitution or a court; or |
|
(4) funds for which separate accounting is required by |
|
federal law. |
|
(f) This section expires September 1, 2019 [2017]. |
|
ARTICLE 5. EFFECTIVE DATE |
|
SECTION 5.01. 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 on September 1, 2017. |