Bill Text: TX HB3850 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to state fiscal matters; authorizing a fee.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-03-30 - Referred to Appropriations [HB3850 Detail]
Download: Texas-2017-HB3850-Introduced.html
85R14590 MK-D | ||
By: Zerwas | H.B. No. 3850 |
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relating to state fiscal matters; authorizing a fee. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN | ||
SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN | ||
SERVICES PROGRAMS | ||
SECTION 1.01. (a) This section applies to any state agency | ||
that receives an appropriation under Article II of the General | ||
Appropriations Act and to any program administered by any of those | ||
agencies. | ||
(b) Notwithstanding any other statute of this state, each | ||
state agency to which this section applies is authorized to reduce | ||
or recover expenditures by: | ||
(1) consolidating any reports or publications the | ||
agency 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 agency grants or administers; | ||
(3) entering into a contract with another governmental | ||
entity or with a private vendor to carry out any of the agency's | ||
duties; | ||
(4) adopting additional eligibility requirements | ||
consistent with federal law for persons who receive benefits under | ||
any law the agency administers to ensure that those benefits are | ||
received by the most deserving persons consistent with the purposes | ||
for which the benefits are provided, including under the following | ||
laws: | ||
(A) Chapter 62, Health and Safety Code (child | ||
health plan program); | ||
(B) Chapter 31, Human Resources Code (Temporary | ||
Assistance for Needy Families program); | ||
(C) Chapter 32, Human Resources Code (Medicaid | ||
program); | ||
(D) Chapter 33, Human Resources Code | ||
(supplemental nutrition assistance and other nutritional | ||
assistance programs); and | ||
(E) Chapter 533, Government Code (Medicaid | ||
managed care); | ||
(5) providing that any communication between the | ||
agency and another person and any document required to be delivered | ||
to or by the agency, including any application, notice, billing | ||
statement, receipt, or certificate, may be made or delivered by | ||
e-mail or through the Internet; | ||
(6) adopting and collecting fees or charges to cover | ||
any costs the agency incurs in performing its lawful functions; and | ||
(7) modifying and streamlining processes used in: | ||
(A) the conduct of eligibility determinations | ||
for programs listed in Subdivision (4) of this subsection by or | ||
under the direction of the Health and Human Services Commission; | ||
(B) the provision of child and adult protective | ||
services by the Department of Family and Protective Services; | ||
(C) the provision of community health services, | ||
consumer protection services, and mental health services by the | ||
Department of State Health Services; and | ||
(D) the provision or administration of other | ||
services provided or programs operated by the Health and Human | ||
Services Commission or a health and human services agency, as | ||
defined by Section 531.001, Government Code. | ||
SECTION 1.02. Subchapter A, Chapter 533, Government Code, | ||
is amended by adding Sections 533.00291, 533.00292, and 533.00293 | ||
to read as follows: | ||
Sec. 533.00291. CARE COORDINATION BENEFITS. (a) In this | ||
section, "care coordination" means assisting recipients to develop | ||
a plan of care, including a service plan, that meets the recipient's | ||
needs and coordinating the provision of Medicaid benefits in a | ||
manner that is consistent with the plan of care. The term is | ||
synonymous with "case management," "service coordination," and | ||
"service management." | ||
(b) The commission shall streamline and clarify the | ||
provision of care coordination benefits across Medicaid programs | ||
and services for recipients receiving benefits under a managed care | ||
delivery model. In streamlining and clarifying the provision of | ||
care coordination benefits under this section, the commission shall | ||
at a minimum: | ||
(1) subject to Subsection (c), establish a process for | ||
determining and designating a single entity as the primary entity | ||
responsible for a recipient's care coordination; | ||
(2) evaluate and eliminate duplicative services | ||
intended to achieve recipient care coordination, including care | ||
coordination or related benefits provided: | ||
(A) by a Medicaid managed care organization; | ||
(B) by a recipient's medical or health home; | ||
(C) through a disease management program | ||
provided by a Medicaid managed care organization; | ||
(D) by a provider of targeted case management and | ||
psychiatric rehabilitation services; and | ||
(E) through a program of case management for | ||
high-risk pregnant women and high-risk children established under | ||
Section 22.0031, Human Resources Code; | ||
(3) evaluate and, if the commission determines it | ||
appropriate, modify the capitation rate paid to Medicaid managed | ||
care organizations to account for the provision of care | ||
coordination benefits by a person not affiliated with the | ||
organization; and | ||
(4) establish and use a consistent set of terms for | ||
care coordination provided under a managed care delivery model. | ||
(c) In establishing a process under Subsection (b)(1), the | ||
commission shall ensure that: | ||
(1) for a recipient who receives targeted case | ||
management and psychiatric rehabilitation services, the default | ||
entity to act as the primary entity responsible for the recipient's | ||
care coordination under Subsection (b)(1) is the provider of | ||
targeted case management and psychiatric rehabilitation services; | ||
and | ||
(2) for recipients other than those described by | ||
Subdivision (1), the process includes an evaluation process | ||
designed to identify the provider that would best meet the care | ||
coordination needs of a recipient and that the commission | ||
incorporates into Medicaid managed care program contracts. | ||
Sec. 533.00292. CARE COORDINATOR CASELOAD STANDARDS. (a) | ||
In this section: | ||
(1) "Care coordination" has the meaning assigned by | ||
Section 533.00291. | ||
(2) "Care coordinator" means a person, including a | ||
case manager, engaged by a Medicaid managed care organization to | ||
provide care coordination benefits. | ||
(b) The executive commissioner by rule shall establish | ||
caseload standards for care coordinators providing care | ||
coordination under the STAR+PLUS home and community-based services | ||
supports (HCBS) program. | ||
(c) The executive commissioner by rule may, if the executive | ||
commissioner determines it appropriate, establish caseload | ||
standards for care coordinators providing care coordination under | ||
Medicaid programs other than the STAR+PLUS home and community-based | ||
services supports (HCBS) program. | ||
(d) In determining whether to establish caseload standards | ||
for a Medicaid program under Subsection (c), the executive | ||
commissioner shall consider whether implementing the standards | ||
would improve: | ||
(1) Medicaid managed care organization contract | ||
compliance; | ||
(2) the quality of care coordination provided under | ||
the program; | ||
(3) recipient health outcomes; and | ||
(4) transparency regarding the availability of care | ||
coordination benefits to recipients and interested stakeholders. | ||
Sec. 533.00293. INFORMATION SHARING. (a) In this section: | ||
(1) "Care coordination" has the meaning assigned by | ||
Section 533.00291. | ||
(2) "Care coordinator" has the meaning assigned by | ||
Section 533.00292. | ||
(b) To the extent permitted under applicable federal and | ||
state law enacted to protect the confidentiality and privacy of | ||
patients' health information, managed care organizations under | ||
contract with the commission to provide health care services to | ||
recipients shall ensure the sharing of information, including | ||
recipient medical records, among care coordinators and health care | ||
providers as appropriate to provide care coordination benefits. | ||
For purposes of implementing this section, a managed care | ||
organization may allow a care coordinator to share a recipient's | ||
service plan with health care providers, subject to the limitations | ||
of this section. | ||
SECTION 1.03. Subchapter B, Chapter 531, Government Code, | ||
is amended by adding Section 531.0993 to read as follows: | ||
Sec. 531.0993. GRANT PROGRAM TO REDUCE RECIDIVISM, ARREST, | ||
AND INCARCERATION AMONG INDIVIDUALS WITH MENTAL ILLNESS AND TO | ||
REDUCE WAIT TIME FOR FORENSIC COMMITMENT. (a) For purposes of this | ||
section, "low-income household" means a household with a total | ||
income at or below 200 percent of the federal poverty guideline. | ||
(b) Using money appropriated to the commission for that | ||
purpose, the commission shall make grants to county-based community | ||
collaboratives for the purposes of reducing: | ||
(1) recidivism by, the frequency of arrests of, and | ||
incarceration of persons with mental illness; and | ||
(2) the total waiting time for forensic commitment of | ||
persons with mental illness to a state hospital. | ||
(c) A community collaborative is eligible to receive a grant | ||
under this section only if the collaborative includes a county, a | ||
local mental health authority that operates in the county, and each | ||
hospital district, if any, located in the county. A community | ||
collaborative may include other local entities designated by the | ||
collaborative's members. | ||
(d) The commission shall condition each grant provided to a | ||
community collaborative under this section on the collaborative | ||
providing matching funds from non-state sources in a total amount | ||
at least equal to the awarded grant amount. To raise matching | ||
funds, a collaborative may seek and receive gifts, grants, or | ||
donations from any person. | ||
(e) The commission shall estimate the number of cases of | ||
serious mental illness in low-income households located in each of | ||
the 10 most populous counties in this state. For the purposes of | ||
distributing grants under this section to community collaboratives | ||
established in those 10 counties, for each fiscal year the | ||
commission shall determine an amount of grant money available on a | ||
per-case basis by dividing the total amount of money appropriated | ||
to the commission for the purpose of making grants under this | ||
section in that year by the estimated total number of cases of | ||
serious mental illness in low-income households located in those 10 | ||
counties. | ||
(f) The commission shall make available to a community | ||
collaborative established in each of the 10 most populous counties | ||
in this state a grant in an amount equal to the lesser of: | ||
(1) an amount determined by multiplying the per-case | ||
amount determined under Subsection (e) by the estimated number of | ||
cases of serious mental illness in low-income households in that | ||
county; or | ||
(2) an amount equal to the collaborative's available | ||
matching funds. | ||
(g) To the extent appropriated money remains available to | ||
the commission for that purpose after the commission awards grants | ||
under Subsection (f), the commission shall make available to | ||
community collaboratives established in other counties in this | ||
state grants through a competitive request for proposal process. | ||
For purposes of awarding a grant under this subsection, a | ||
collaborative may include adjacent counties if, for each member | ||
county, the collaborative's members include a local mental health | ||
authority that operates in the county and each hospital district, | ||
if any, located in the county. A grant awarded under this | ||
subsection may not exceed an amount equal to the lesser of: | ||
(1) an amount determined by multiplying the per-case | ||
amount determined under Subsection (e) by the estimated number of | ||
cases of serious mental illness in low-income households in the | ||
county or counties; or | ||
(2) an amount equal to the collaborative's available | ||
matching funds. | ||
(h) The community collaboratives established in each of the | ||
10 most populous counties in this state shall submit to the | ||
commission a plan that: | ||
(1) is endorsed by each of the collaborative's member | ||
entities; | ||
(2) identifies a target population; | ||
(3) describes how the grant money and matching funds | ||
will be used; | ||
(4) includes outcome measures to evaluate the success | ||
of the plan, including the plan's effect on reducing state hospital | ||
admissions of the target population; and | ||
(5) describes how the success of the plan in | ||
accordance with the outcome measures would further the state's | ||
interest in the grant program's purposes. | ||
(i) A community collaborative that applies for a grant under | ||
Subsection (g) must submit to the commission a plan as described by | ||
Subsection (h). The commission shall consider the submitted plan | ||
together with any other relevant information in awarding a grant | ||
under Subsection (g). | ||
(j) The commission must review and approve plans submitted | ||
under Subsection (h) or (i) before the commission distributes a | ||
grant under Subsection (f) or (g). If the commission determines | ||
that a plan includes insufficient outcome measures, the commission | ||
may make the necessary changes to the plan to establish appropriate | ||
outcome measures. The commission may not make other changes to a | ||
plan submitted under Subsection (h) or (i). | ||
(k) Acceptable uses for the grant money and matching funds | ||
include: | ||
(1) the continuation of a mental health jail diversion | ||
program; | ||
(2) the establishment or expansion of a mental health | ||
jail diversion program; | ||
(3) the establishment of alternatives to competency | ||
restoration in a state hospital, including outpatient competency | ||
restoration, inpatient competency restoration in a setting other | ||
than a state hospital, or jail-based competency restoration; | ||
(4) the provision of assertive community treatment or | ||
forensic assertive community treatment with an outreach component; | ||
(5) the provision of intensive mental health services | ||
and substance abuse treatment not readily available in the county; | ||
(6) the provision of continuity of care services for | ||
an individual being released from a state hospital; | ||
(7) the establishment of interdisciplinary rapid | ||
response teams to reduce law enforcement's involvement with mental | ||
health emergencies; and | ||
(8) the provision of local community hospital, crisis, | ||
respite, or residential beds. | ||
(l) Not later than December 31 of each year for which the | ||
commission distributes a grant under this section, each community | ||
collaborative that receives a grant shall prepare and submit a | ||
report describing the effect of the grant money and matching funds | ||
in achieving the standard defined by the outcome measures in the | ||
plan submitted under Subsection (h) or (i). | ||
(m) The commission may make inspections of the operation and | ||
provision of mental health services provided by a community | ||
collaborative to ensure state money appropriated for the grant | ||
program is used effectively. | ||
(n) The commission shall enter into an agreement with a | ||
qualified nonprofit or private entity to serve as the administrator | ||
of the grant program at no cost to the state. The administrator | ||
shall assist, support, and advise the commission in fulfilling the | ||
commission's responsibilities with respect to the grant program. | ||
The administrator may advise the commission on: | ||
(1) design, development, implementation, and | ||
management of the program; | ||
(2) eligibility requirements for grant recipients; | ||
(3) design and management of the competitive bidding | ||
processes for applications or proposals and the evaluation and | ||
selection of grant recipients; | ||
(4) grant requirements and mechanisms; | ||
(5) roles and responsibilities of grant recipients; | ||
(6) reporting requirements for grant recipients; | ||
(7) support and technical capabilities; | ||
(8) timelines and deadlines for the program; | ||
(9) evaluation of the program and grant recipients; | ||
(10) requirements for reporting on the program to | ||
policy makers; and | ||
(11) estimation of the number of cases of serious | ||
mental illness in low-income households in each county. | ||
SECTION 1.04. Subchapter A, Chapter 261, Family Code, is | ||
amended by adding Section 261.004 to read as follows: | ||
Sec. 261.004. TRACKING OF RECURRENCE OF CHILD ABUSE OR | ||
NEGLECT REPORTS. The department shall collect, compile, and | ||
monitor data regarding repeated reports of abuse or neglect | ||
involving the same child or by the same alleged perpetrator. In | ||
compiling reports under this section, the department shall group | ||
together separate reports involving different children residing in | ||
the same household. | ||
SECTION 1.05. Subchapter A, Chapter 265, Family Code, is | ||
amended by adding Sections 265.0041 and 265.0042 to read as | ||
follows: | ||
Sec. 265.0041. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND | ||
EARLY INTERVENTION SERVICES. (a) The department shall use | ||
existing risk terrain modeling systems, predictive analytics, or | ||
geographic risk assessments to: | ||
(1) identify geographic areas that have high risk | ||
indicators of child maltreatment and child fatalities resulting | ||
from abuse or neglect; and | ||
(2) target the implementation and use of prevention | ||
and early intervention services to those geographic areas. | ||
(b) The department may not use data gathered under this | ||
section to identify a specific family or individual. | ||
Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER | ||
EDUCATION. (a) The Health and Human Services Commission, on behalf | ||
of the department, shall enter into agreements with institutions of | ||
higher education to conduct efficacy reviews of any prevention and | ||
early intervention programs that have not previously been evaluated | ||
for effectiveness through a scientific research evaluation | ||
process. | ||
(b) The department shall collaborate with an institution of | ||
higher education to create and track indicators of child well-being | ||
to determine the effectiveness of prevention and early intervention | ||
services. | ||
SECTION 1.06. If before implementing any provision of this | ||
article 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 1.07. (a) Except as otherwise provided by this | ||
section, this article takes effect September 1, 2017. | ||
(b) Section 1.03 of this article takes effect immediately if | ||
this Act 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 | ||
Section 1.03 to have immediate effect, that section takes effect | ||
September 1, 2017. | ||
ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION | ||
SECTION 2.01. (a) This section applies to the Texas | ||
Education Agency, the Texas School for the Blind and Visually | ||
Impaired, the Texas School for the Deaf, and the Teacher Retirement | ||
System of Texas. | ||
(b) Notwithstanding any other statute of this state, each | ||
entity to which this section applies is authorized to reduce or | ||
recover expenditures by: | ||
(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. | ||
SECTION 2.02. An employee of an entity described by Section | ||
1.01 of this Act is not entitled to an amount from the state for | ||
expenses, including office expenses or reimbursement of office | ||
expenses, per diem, travel, or a salary or salary supplement that | ||
exceeds the amount authorized for those purposes by the General | ||
Appropriations Act. | ||
SECTION 2.03. Section 21.4021(a), Education Code, is | ||
amended to read as follows: | ||
(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 [ |
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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 [ |
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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 | ||
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fourth grade classes [ |
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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: | ||
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 | ||
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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 | ||
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 [ |
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SECTION 2.06. Section 825.404(b), Government Code, is | ||
amended to read as follows: | ||
(b) Before November 15 [ |
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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 [ |
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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. [ |
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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 [ |
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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[ |
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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 [ |
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(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[ |
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heavy equipment inventory in a 12-month period[ |
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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[ |
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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. | ||
[ |
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unit property tax of each item of heavy equipment is determined by | ||
multiplying the sales price of the item [ |
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property tax factor. [ |
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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[ |
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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[ |
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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, [ |
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serial number affixed to the item by the manufacturer; | ||
(2) the sales price of [ |
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(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[ |
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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[ |
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with the collector and indicate that no sales[ |
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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 | ||
[ |
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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. [ |
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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 [ |
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 85th [ |
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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 [ |
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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 [ |
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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. |