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A BILL TO BE ENTITLED
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AN ACT
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relating to the functions of and membership on nonprofit statewide |
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associations of counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 54.1172(d), Government Code, is amended |
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to read as follows: |
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(d) A magistrate appointed under Subsection (a) must |
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complete every two years at least eight hours of continuing |
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education conducted by [the Texas Association of Counties,] the |
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State Bar of Texas[,] or the Texas Justice Court Training Center. |
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SECTION 2. Section 533.051(c), Health and Safety Code, is |
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amended to read as follows: |
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(c) To assist in the development of the plan under |
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Subsection (a), the department shall establish and meet at least |
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monthly with an advisory panel composed of the following persons: |
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(1) one representative designated by the Texas |
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Department of Criminal Justice; |
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(2) [one representative designated by the Texas
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Association of Counties;
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[(3)] two representatives designated by the Texas |
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Council of Community Centers, including one representative of an |
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urban local service area and one representative of a rural local |
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service area; |
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(3) [(4)] two representatives designated by the |
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County Judges and Commissioners Association of Texas, including one |
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representative who is the presiding judge of a court with |
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jurisdiction over mental health matters; |
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(4) [(5)] one representative designated by the |
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Sheriffs' Association of Texas; |
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(5) [(6)] two representatives designated by the Texas |
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Municipal League, including one representative who is a municipal |
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law enforcement official; |
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(6) [(7)] one representative designated by the Texas |
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Conference of Urban Counties; |
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(7) [(8)] two representatives designated by the Texas |
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Hospital Association, including one representative who is a |
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physician; |
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(8) [(9)] one representative designated by the Texas |
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Catalyst for Empowerment; and |
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(9) [(10)] four representatives designated by the |
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department's Council for Advising and Planning for the Prevention |
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and Treatment of Mental and Substance Use Disorders, including: |
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(A) the chair of the council; |
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(B) one representative of the council's members |
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who is a consumer of or advocate for mental health services; |
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(C) one representative of the council's members |
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who is a consumer of or advocate for substance abuse treatment; and |
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(D) one representative of the council's members |
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who is a family member of or advocate for persons with mental health |
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and substance abuse disorders. |
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SECTION 3. Section 614.002(c)(1), Health and Safety Code, |
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is amended to read as follows: |
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(c)(1) The following entities, by September 1 of each |
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even-numbered year, shall submit to the governor for consideration |
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a list of five candidates from their respective fields for at-large |
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membership on the committee: |
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(A) the Texas District and County Attorneys |
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Association; |
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(B) the Texas Criminal Defense Lawyers |
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Association; |
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(C) [the Texas Association of Counties;
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[(D)] the Texas Medical Association; |
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(D) [(E)] the Texas Society of Psychiatric |
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Physicians; |
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(E) [(F)] the Texas Psychological Association; |
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(F) [(G)] the Sheriffs' Association of Texas; |
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(G) [(H)] the court of criminal appeals; |
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(H) [(I)] the County Judges and Commissioners |
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Association of Texas; and |
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(I) [(J)] the Texas Conference of Urban |
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Counties. |
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SECTION 4. Section 81.026, Local Government Code, is |
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amended to read as follows: |
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Sec. 81.026. COMMISSIONERS COURT MEMBERSHIP ON BOARDS OF |
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CERTAIN TRUSTS OR ENTITIES [ASSOCIATIONS AND NONPROFIT
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ORGANIZATIONS]. (a) [A county judge or county commissioner may
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serve on the governing body of or any committee serving an
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association of counties created or operating pursuant to the
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provisions of Section 89.002.] A county judge or county |
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commissioner may serve as a member of any board of trustees or board |
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of directors or other governing body of any trust or other entity |
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created pursuant to interlocal contract for the purpose of forming |
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or administering any governmental pool, self-insurance pool, |
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insurance pool, or any other fund or joint endeavor created for the |
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benefit of member counties and political subdivisions. |
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(b) A [In addition, a] county judge or county commissioner |
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may serve as a member of the board of directors of any nonprofit |
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corporation that is created and exists solely for the purpose of |
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providing administrative or other services to such trust or other |
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entity. |
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(c) A county judge or county commissioner, acting as a |
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member of any such board or committee, may perform any act necessary |
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or appropriate for the rendition of such service, including the |
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casting of votes and deliberations concerning and execution of |
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contracts or claims with or against any county. |
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(d) A county judge or commissioner may participate in |
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deliberations concerning and cast any vote on any matter before the |
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commissioners court affecting the execution of any contract with or |
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the payment of claims, premiums, dues, or contributions to any such |
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trust, [association,] nonprofit corporation, or entity or any |
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related matter. |
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SECTION 5. Section 114.083(a), Local Government Code, is |
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amended to read as follows: |
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(a) The committee consists of the following members: |
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(1) one county judge or commissioner appointed by the |
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Texas Conference of Urban Counties; |
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(2) one county judge or commissioner appointed by the |
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County Judges and Commissioners Association of Texas; |
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(3) two county auditors appointed by the Texas |
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Association of County Auditors; |
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(4) two county treasurers appointed by the Texas |
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Association of County Treasurers; |
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(5) [one county official, other than a county judge,
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commissioner, auditor, or treasurer, appointed by the executive
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director of the Texas Association of Counties;
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[(6)] one county budget officer appointed by the Texas |
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Conference of Urban Counties; |
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(6) [(7)] the comptroller or the comptroller's |
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designee; |
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(7) [(8)] the executive director of the Texas |
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Conference of Urban Counties or the executive director's designee; |
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(8) [(9) the executive director of the Texas
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Association of Counties or the executive director's designee;
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[(10)] the general counsel of the County Judges and |
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Commissioners Association of Texas or the general counsel's |
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designee; and |
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(9) [(11)] any nonvoting members the other committee |
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members consider appropriate. |
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SECTION 6. Section 114.085(a), Local Government Code, is |
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amended to read as follows: |
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(a) The comptroller[, the Texas Association of Counties,] |
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and the Texas Conference of Urban Counties shall provide by |
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agreement for the staff and other resources necessary for the |
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operations of the committee. |
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SECTION 7. Section 118.131(f), Local Government Code, is |
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amended to read as follows: |
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(f) On or before October 15 of the year in which the fees are |
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initially set, the commissioners court shall provide written notice |
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of the amounts of the fees to the comptroller. If the commissioners |
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court changes the amount of a fee set under this section, the |
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commissioners court shall provide to the comptroller, on or before |
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October 15 of the year in which the amount is changed, a written |
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notice of the change in the amount of the fee. Before December 15 of |
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each year, the comptroller shall compile the fee information |
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provided by counties and send the compilation to: |
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(1) the commissioners court of each county in this |
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state; |
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(2) any statewide association of [counties or of] |
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officers of counties that requests in writing before December 15 to |
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be informed; and |
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(3) the State Bar of Texas. |
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SECTION 8. Section 89.002, Local Government Code, is |
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repealed. |
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SECTION 9. (a) Section 54.1172(d), Government Code, as |
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amended by this Act, applies only to continuing education hours |
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completed on or after the effective date of this Act. Continuing |
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education hours completed before the effective date of this Act are |
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governed by the law in effect immediately before that date, and the |
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former law is continued in effect for that purpose. |
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(b) If a vacancy in the office of the presiding officer of |
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the county financial data advisory committee is created under |
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Section 114.083(a), Local Government Code, as amended by this Act, |
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the vacancy shall be filled for the remainder of the unexpired term |
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in the manner provided by Section 114.083(b), Local Government |
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Code. |
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(c) The repeal of Section 89.002, Local Government Code, by |
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this Act does not apply to a county's pledge of revenue for |
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membership dues and fees on a nonprofit state association of |
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counties made before the effective date of this Act. A county's |
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pledge of revenue described by this subsection is governed by the |
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law in effect when the revenue was first pledged, and that law is |
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continued in effect for that purpose. |
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SECTION 10. This Act takes effect September 1, 2019. |