Bill Text: TX HB4180 | 2017-2018 | 85th Legislature | Comm Sub

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Bill Title: Relating to the creation, operations, functions, and regulatory authority of certain governmental entities and officials; changes in certain judicial procedures; imposing civil penalties.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2017-05-26 - Senate Amendments Analysis distributed [HB4180 Detail]

Download: Texas-2017-HB4180-Comm_Sub.html

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By: Coleman (Senate Sponsor - Kolkhorst) H.B. No. 4180
(In the Senate - Received from the House May 8, 2017;
May 10, 2017, read first time and referred to Committee on
Intergovernmental Relations; May 22, 2017, reported adversely,
with favorable Committee Substitute by the following vote: Yeas 7,
Nays 0; May 22, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 4180 By: Bettencourt

A BILL TO BE ENTITLED
AN ACT
relating to the creation, operations, functions, and regulatory
authority of certain governmental entities and officials; changes
in certain judicial procedures; imposing civil penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Effective September 1, 2017, Section 1, Article
55.02, Code of Criminal Procedure, is amended to read as follows:
Sec. 1. At the request of the acquitted person [defendant]
and after notice to the state, or at the request of the attorney for
the state, the trial court presiding over the case in which the
person [defendant] was acquitted, if the trial court is a district
court, or a district court in the county in which the trial court is
located shall enter an order of expunction for a person entitled to
expunction under Article 55.01(a)(1)(A) not later than the 30th day
after the date of the acquittal. On [Upon] acquittal, the trial
court shall advise the acquitted person [defendant] of the right to
expunction. The party requesting the order of expunction
[defendant] shall provide to the district court all of the
information required in a petition for expunction under Section
2(b). The attorney for the acquitted person [defendant] in the case
in which the person [defendant] was acquitted, if the person
[defendant] was represented by counsel, or the attorney for the
state, if the person [defendant] was not represented by counsel or
if the attorney for the state requested the order of expunction,
shall prepare the order for the court's signature.
SECTION 2. Effective September 1, 2017, Article 102.006,
Code of Criminal Procedure, is amended by adding Subsection (c) to
read as follows:
(c) A court that grants a petition for expunction of a
criminal record may order that any fee, or portion of a fee,
required to be paid under this article or other law in relation to
the petition be returned to the petitioner.
SECTION 3. Effective September 1, 2017, Section 53.001,
Government Code, is amended by adding Subsection (k) to read as
follows:
(k) The judges of the 5th, 102nd, and 202nd district courts
and the judges of the county courts at law of Bowie County shall
appoint one or more bailiffs to serve the courts in Bowie County.
SECTION 4. Effective September 1, 2017, Section 53.007(a),
Government Code, is amended to read as follows:
(a) This section applies to:
(1) the 34th, 70th, 71st, 86th, 97th, 130th, 142nd,
161st, 238th, 318th, 341st, 355th, and 385th district courts;
(2) the County Court of Harrison County;
(3) the criminal district courts of Tarrant County;
(4) the district courts in Taylor County;
(5) the courts described in Section 53.002(c), (d),
(e), or (f);
(6) the county courts at law of Taylor County;
(7) the district courts in Tarrant County that give
preference to criminal cases; [and]
(8) the 115th District Court in Upshur County; and
(9) the 5th, 102nd, and 202nd district courts and the
county courts at law of Bowie County.
SECTION 5. Effective September 1, 2017, Section 53.0071,
Government Code, is amended to read as follows:
Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
appointing judge provides otherwise in the order of appointment, a
bailiff appointed under Section 53.001(b), [or] (g), or (k) or
53.002(c), (e), or (f) is a "peace officer" for purposes of Article
2.12, Code of Criminal Procedure.
SECTION 6. Effective September 1, 2017, Section 54.653,
Government Code, is amended to read as follows:
Sec. 54.653. COMPENSATION. (a) A full-time magistrate is
entitled to the salary determined by the Commissioners Court of
Tarrant County.
(b) The salary of a full-time magistrate may not exceed 90
percent of the sum of:
(1) [be less than] the salary [authorized to be] paid
to a district judge by the state under Section 659.012; and
(2) the maximum amount of county contributions and
supplements allowed by law to be paid to a district judge under
Section 659.012 [master for family law cases appointed under
Subchapter A].
(c) The salary of a part-time magistrate is equal to the
per-hour salary of a full-time magistrate. The per-hour salary is
determined by dividing the annual salary by a 2,080 work-hour year.
The judges of the courts trying criminal cases in Tarrant County
shall approve the number of hours for which a part-time magistrate
is to be paid.
(d) A [The] magistrate's salary is paid from the county fund
available for payment of officers' salaries.
SECTION 7. Effective September 1, 2017, Section 54.656(a),
Government Code, is amended to read as follows:
(a) A judge may refer to a magistrate any criminal case or
matter relating to a criminal case for proceedings involving:
(1) a negotiated plea of guilty or no contest and
sentencing before the court;
(2) a bond forfeiture, remittitur, and related
proceedings;
(3) a pretrial motion;
(4) a [postconviction] writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver's license;
(7) a petition for an [agreed] order of expunction
under Chapter 55, Code of Criminal Procedure;
(8) an asset forfeiture hearing as provided by Chapter
59, Code of Criminal Procedure;
(9) a petition for an [agreed] order of nondisclosure
of criminal history record information or an order of nondisclosure
of criminal history record information that does not require a
petition provided by Subchapter E-1, Chapter 411;
(10) a [hearing on a] motion to modify or revoke
community supervision or to proceed with an adjudication of guilt
[probation]; [and]
(11) setting conditions, modifying, revoking, and
surrendering of bonds, including surety bonds;
(12) specialty court proceedings;
(13) a waiver of extradition; and
(14) any other matter the judge considers necessary
and proper.
SECTION 8. Effective September 1, 2017, Section 54.658,
Government Code, is amended to read as follows:
Sec. 54.658. POWERS. (a) Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(14) select a jury;
(15) accept a negotiated plea on a probation
revocation;
(16) conduct a contested probation revocation
hearing;
(17) sign a dismissal in a misdemeanor case; [and]
(18) in any case referred under Section 54.656(a)(1),
accept a negotiated plea of guilty or no contest and:
(A) enter a finding of guilt and impose or
suspend the sentence; or
(B) defer adjudication of guilt; and
(19) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
(b) A magistrate may sign a motion to dismiss submitted by
an attorney representing the state on cases referred to the
magistrate, or on dockets called by the magistrate, and may
consider unadjudicated cases at sentencing under Section 12.45,
Penal Code.
(c) A magistrate has all of the powers of a magistrate under
the laws of this state and may administer an oath for any purpose.
(d) A magistrate does not have authority under Article
18.01(c), Code of Criminal Procedure, to issue a subsequent search
warrant under Article 18.02(a)(10), Code of Criminal Procedure.
SECTION 9. The heading to Section 313.006, Government Code,
is amended to read as follows:
Sec. 313.006. NOTICE FOR LAWS ESTABLISHING OR ADDING
TERRITORY TO MUNICIPAL MANAGEMENT DISTRICTS.
SECTION 10. Section 313.006, Government Code, is amended by
amending Subsections (a), (b), and (d) and adding Subsections (e)
and (f) to read as follows:
(a) In addition to the other requirements of this chapter, a
person, other than a member of the legislature, who intends to apply
for the passage of a law establishing or adding territory to a
special district that incorporates a power from Chapter 375, Local
Government Code, must provide notice as provided by this section.
(b) The person shall notify by mail each person who owns
real property [in the] proposed to be included in a new district or
to be added to an existing district, according to the most recent
certified tax appraisal roll for the county in which the real
property is owned. The notice, properly addressed with postage
paid, must be deposited with the United States Postal Service not
later than the 30th day before the date on which the intended law is
introduced in the legislature.
(d) The person is not required to mail notice under
Subsection (b) or (e) to a person who owns real property in the
proposed district or in the area proposed to be added to a district
if the property cannot be subject to an assessment by the district.
(e) After the introduction of a law in the legislature
establishing or adding territory to a special district that
incorporates a power from Chapter 375, Local Government Code, the
person shall mail to each person who owns real property proposed to
be included in a new district or to be added to an existing district
a notice that the legislation has been introduced, including the
applicable bill number. The notice, properly addressed with
postage paid, must be deposited with the United States Postal
Service not later than the 30th day after the date on which the
intended law is introduced in the legislature. If the person has
not mailed the notice required under this subsection on the 31st day
after the date on which the intended law is introduced in the
legislature, the person may cure the deficiency by immediately
mailing the notice, but the person shall in no event mail the notice
later than the date on which the intended law is reported out of
committee in the chamber other than the chamber in which the
intended law was introduced. If similar bills are filed in both
chambers of the legislature, a person is only required to provide a
single notice under this subsection not later than the 30th day
after the date the first of the bills is filed.
(f) A landowner may waive any notice required under this
section at any time.
SECTION 11. Effective September 1, 2017, Subchapter B,
Chapter 403, Government Code, is amended by adding Sections
403.0241 and 403.0242 to read as follows:
Sec. 403.0241. SPECIAL PURPOSE DISTRICT PUBLIC INFORMATION
DATABASE. (a) In this section:
(1) "Special purpose district" means a political
subdivision of this state with geographic boundaries that define
the subdivision's territorial jurisdiction. The term does not
include a municipality, county, junior college district,
independent school district, or political subdivision with
statewide jurisdiction.
(2) "Tax year" has the meaning assigned by Section
1.04, Tax Code.
(b) The comptroller shall create and make accessible on the
Internet a database, to be known as the Special Purpose District
Public Information Database, that contains information regarding
all special purpose districts of this state that:
(1) are authorized by the state by a general or special
law to impose an ad valorem tax or a sales and use tax, to impose an
assessment, or to charge a fee; and
(2) during the most recent fiscal year:
(A) had bonds outstanding;
(B) had gross receipts from operations, loans,
taxes, or contributions in excess of $250,000; or
(C) had cash and temporary investments in excess
of $250,000.
(c) For each special purpose district described by
Subsection (b), the database must include:
(1) the name of the special purpose district;
(2) the name of each board member of the special
purpose district;
(3) contact information for the main office of the
special purpose district, including the physical address, the
mailing address, and the main telephone number;
(4) if the special purpose district employs a person
as a general manager or executive director, or in another position
to perform duties or functions comparable to those of a general
manager or executive director, the name of the employee;
(5) if the special purpose district contracts with a
utility operator, contact information for a person representing the
utility operator, including a mailing address and a telephone
number;
(6) if the special purpose district contracts with a
tax assessor-collector, contact information for a person
representing the tax assessor-collector, including a mailing
address and telephone number;
(7) the special purpose district's Internet website
address, if any;
(8) the information the special purpose district is
required to report under Section 140.008(b) or (g), Local
Government Code, including any revenue obligations;
(9) the total amount of bonds authorized by the voters
of the special purpose district that are payable wholly or partly
from ad valorem taxes, excluding refunding bonds if refunding bonds
were separately authorized and excluding contract revenue bonds;
(10) the aggregate initial principal amount of all
bonds issued by the special purpose district that are payable
wholly or partly from ad valorem taxes, excluding refunding bonds
and contract revenue bonds;
(11) the rate of any sales and use tax the special
purpose district imposes; and
(12) for a special purpose district that imposes an ad
valorem tax:
(A) the ad valorem tax rate for the most recent
tax year if the district is a district as defined by Section 49.001,
Water Code; or
(B) the table of ad valorem tax rates for the most
recent tax year described by Section 26.16, Tax Code, in the form
required by that section, if the district is not a district as
defined by Section 49.001, Water Code.
(d) The comptroller may consult with the appropriate
officer of, or other person representing, each special purpose
district to obtain the information necessary to operate and update
the database.
(e) To the extent information required in the database is
otherwise collected or maintained by a state agency or special
purpose district, the comptroller may require the state agency or
special purpose district to provide that information and updates to
the information as necessary for inclusion in the database.
(f) The comptroller shall update information in the
database annually.
(g) The comptroller may not charge a fee to the public to
access the database.
(h) The comptroller may establish procedures and adopt
rules to implement this section.
Sec. 403.0242. SPECIAL PURPOSE DISTRICT NONCOMPLIANCE
LIST. The comptroller shall prepare and maintain a noncompliance
list of special purpose districts that have not timely complied
with a requirement to provide information under Section 203.062,
Local Government Code.
SECTION 12. Effective September 1, 2017, Subchapter E-1,
Chapter 411, Government Code, is amended by adding Section 411.0746
to read as follows:
Sec. 411.0746. RETURN OF FEES. A court that issues an order
of nondisclosure of criminal history record information under this
subchapter may order that any fee, or portion of a fee, required to
be paid under this subchapter or other law in relation to the order
be returned to the person who is the subject of that order.
SECTION 13. Effective September 1, 2017, Section
659.012(a), Government Code, is amended to read as follows:
(a) Notwithstanding Section 659.011:
(1) a judge of a district court is entitled to an
annual salary from the state of at least $125,000, except that the
combined salary of a district judge from state and county sources,
not including compensation for any extrajudicial services
performed on behalf of the county, may not exceed the amount that is
$5,000 less than the salary provided for a justice of a court of
appeals other than a chief justice;
(2) a justice of a court of appeals other than the
chief justice is entitled to an annual salary from the state that is
equal to 110 percent of the salary of a district judge, except that
the combined salary of a justice of the court of appeals other than
the chief justice from all state and county sources, not including
compensation for any extrajudicial services performed on behalf of
the county, may not exceed the amount that is $5,000 less than the
salary provided for a justice of the supreme court;
(3) a justice of the supreme court other than the chief
justice or a judge of the court of criminal appeals other than the
presiding judge is entitled to an annual salary from the state that
is equal to 120 percent of the salary of a district judge; and
(4) the chief justice or presiding judge of an
appellate court is entitled to an annual salary from the state that
is $2,500 more than the salary provided for the other justices or
judges of the court, except that the combined salary of the chief
justice of a court of appeals may not exceed the amount that is
$2,500 less than the salary provided for a justice of the supreme
court.
SECTION 14. Subchapter A, Chapter 264, Health and Safety
Code, is amended by adding Section 264.004 to read as follows:
Sec. 264.004. DISSOLUTION. (a) The commissioners court of
a county by order may dissolve an authority created by the
commissioners court if the commissioners court and the authority
provide for the sale or transfer of the authority's assets and
liabilities to the county.
(b) The dissolution of an authority and the sale or transfer
of the authority's assets and liabilities may not:
(1) violate a trust indenture or bond resolution
relating to the outstanding bonds of the authority; or
(2) diminish or impair the rights of the holders of
outstanding bonds, warrants, or other obligations of the authority.
(c) An order dissolving an authority takes effect on the
31st day after the date the commissioners court adopts the order.
(d) All records of the authority remaining when the
authority is dissolved shall be transferred to the county clerk of
the county in which the authority is located.
SECTION 15. Subtitle D, Title 4, Health and Safety Code, is
amended by adding Chapter 291A to read as follows:
CHAPTER 291A. COUNTY HEALTH CARE PROVIDER PARTICIPATION
PROGRAM IN CERTAIN COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 291A.001. DEFINITIONS. In this chapter:
(1) "Institutional health care provider" means a
nonpublic hospital that provides inpatient hospital services.
(2) "Paying hospital" means an institutional health
care provider required to make a mandatory payment under this
chapter.
(3) "Program" means the county health care provider
participation program authorized by this chapter.
Sec. 291A.002. APPLICABILITY. This chapter applies only
to:
(1) a county that:
(A) is not served by a hospital district or a
public hospital;
(B) has a population of more than 75,000; and
(C) borders or includes a portion of the Sam
Rayburn Reservoir; and
(2) a county that has a population of more than 200,000
and less than 220,000.
Sec. 291A.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION
PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care
provider participation program authorizes a county to collect a
mandatory payment from each institutional health care provider
located in the county to be deposited in a local provider
participation fund established by the county. Money in the fund may
be used by the county to fund certain intergovernmental transfers
and indigent care programs as provided by this chapter.
(b) The commissioners court may adopt an order authorizing a
county to participate in the program, subject to the limitations
provided by this chapter.
SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT
Sec. 291A.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY
PAYMENT. The commissioners court of a county may require a
mandatory payment authorized under this chapter by an institutional
health care provider in the county only in the manner provided by
this chapter.
Sec. 291A.052. MAJORITY VOTE REQUIRED. The commissioners
court of a county may not authorize the county to collect a
mandatory payment authorized under this chapter without an
affirmative vote of a majority of the members of the commissioners
court.
Sec. 291A.053. RULES AND PROCEDURES. After the
commissioners court has voted to require a mandatory payment
authorized under this chapter, the commissioners court may adopt
rules relating to the administration of the mandatory payment.
Sec. 291A.054. INSTITUTIONAL HEALTH CARE PROVIDER
REPORTING; INSPECTION OF RECORDS. (a) The commissioners court of a
county that collects a mandatory payment authorized under this
chapter shall require each institutional health care provider to
submit to the county a copy of any financial and utilization data
required by and reported to the Department of State Health Services
under Sections 311.032 and 311.033 and any rules adopted by the
executive commissioner of the Health and Human Services Commission
to implement those sections.
(b) The commissioners court of a county that collects a
mandatory payment authorized under this chapter may inspect the
records of an institutional health care provider to the extent
necessary to ensure compliance with the requirements of Subsection
(a).
SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS
Sec. 291A.101. HEARING. (a) Each year, the commissioners
court of a county that collects a mandatory payment authorized
under this chapter shall hold a public hearing on the amounts of any
mandatory payments that the commissioners court intends to require
during the year.
(b) Not later than the fifth day before the date of the
hearing required under Subsection (a), the commissioners court of
the county shall publish notice of the hearing in a newspaper of
general circulation in the county.
(c) A representative of a paying hospital is entitled to
appear at the time and place designated in the public notice and to
be heard regarding any matter related to the mandatory payments
authorized under this chapter.
Sec. 291A.102. DEPOSITORY. (a) The commissioners court of
each county that collects a mandatory payment authorized under this
chapter by resolution shall designate one or more banks located in
the county as the depository for mandatory payments received by the
county.
(b) All income received by a county under this chapter,
including the revenue from mandatory payments remaining after
discounts and fees for assessing and collecting the payments are
deducted, shall be deposited with the county depository in the
county's local provider participation fund and may be withdrawn
only as provided by this chapter.
(c) All funds under this chapter shall be secured in the
manner provided for securing county funds.
Sec. 291A.103. LOCAL PROVIDER PARTICIPATION FUND;
AUTHORIZED USES OF MONEY. (a) Each county that collects a
mandatory payment authorized under this chapter shall create a
local provider participation fund.
(b) The local provider participation fund of a county
consists of:
(1) all revenue received by the county attributable to
mandatory payments authorized under this chapter, including any
penalties and interest attributable to delinquent payments;
(2) money received from the Health and Human Services
Commission as a refund of an intergovernmental transfer from the
county to the state for the purpose of providing the nonfederal
share of Medicaid supplemental payment program payments, provided
that the intergovernmental transfer does not receive a federal
matching payment; and
(3) the earnings of the fund.
(c) Money deposited to the local provider participation
fund may be used only to:
(1) fund intergovernmental transfers from the county
to the state to provide:
(A) the nonfederal share of a Medicaid
supplemental payment program authorized under the state Medicaid
plan, the Texas Healthcare Transformation and Quality Improvement
Program waiver issued under Section 1115 of the federal Social
Security Act (42 U.S.C. Section 1315), or a successor waiver
program authorizing similar Medicaid supplemental payment
programs; or
(B) payments to Medicaid managed care
organizations that are dedicated for payment to hospitals;
(2) subsidize indigent programs;
(3) pay the administrative expenses of the county
solely for activities under this chapter;
(4) refund a portion of a mandatory payment collected
in error from a paying hospital; and
(5) refund to paying hospitals the proportionate share
of money received by the county that is not used to fund the
nonfederal share of Medicaid supplemental payment program
payments.
(d) Money in the local provider participation fund may not
be commingled with other county funds.
(e) An intergovernmental transfer of funds described by
Subsection (c)(1) and any funds received by the county as a result
of an intergovernmental transfer described by that subsection may
not be used by the county or any other entity to expand Medicaid
eligibility under the Patient Protection and Affordable Care Act
(Pub. L. No. 111-148) as amended by the Health Care and Education
Reconciliation Act of 2010 (Pub. L. No. 111-152).
SUBCHAPTER D. MANDATORY PAYMENTS
Sec. 291A.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL
NET PATIENT REVENUE. (a) Except as provided by Subsection (e), the
commissioners court of a county that collects a mandatory payment
authorized under this chapter may require an annual mandatory
payment to be assessed on the net patient revenue of each
institutional health care provider located in the county. The
commissioners court may provide for the mandatory payment to be
assessed quarterly. In the first year in which the mandatory
payment is required, the mandatory payment is assessed on the net
patient revenue of an institutional health care provider as
determined by the data reported to the Department of State Health
Services under Sections 311.032 and 311.033 in the fiscal year
ending in 2015 or, if the institutional health care provider did not
report any data under those sections in that fiscal year, as
determined by the institutional health care provider's Medicare
cost report submitted for the 2015 fiscal year or for the closest
subsequent fiscal year for which the provider submitted the
Medicare cost report. The county shall update the amount of the
mandatory payment on an annual basis.
(b) The amount of a mandatory payment authorized under this
chapter must be uniformly proportionate with the amount of net
patient revenue generated by each paying hospital in the county. A
mandatory payment authorized under this chapter may not hold
harmless any institutional health care provider, as required under
42 U.S.C. Section 1396b(w).
(c) The commissioners court of a county that collects a
mandatory payment authorized under this chapter shall set the
amount of the mandatory payment. The amount of the mandatory
payment required of each paying hospital may not exceed six percent
of the paying hospital's net patient revenue.
(d) Subject to the maximum amount prescribed by Subsection
(c), the commissioners court of a county that collects a mandatory
payment authorized under this chapter shall set the mandatory
payments in amounts that in the aggregate will generate sufficient
revenue to cover the administrative expenses of the county for
activities under this chapter, to fund an intergovernmental
transfer described by Section 291A.103(c)(1), and to pay for
indigent programs, except that the amount of revenue from mandatory
payments used for administrative expenses of the county for
activities under this chapter in a year may not exceed the lesser of
four percent of the total revenue generated from the mandatory
payment or $20,000.
(e) A paying hospital may not add a mandatory payment
required under this section as a surcharge to a patient.
Sec. 291A.152. ASSESSMENT AND COLLECTION OF MANDATORY
PAYMENTS. The county may collect or contract for the assessment and
collection of mandatory payments authorized under this chapter.
Sec. 291A.153. INTEREST, PENALTIES, AND DISCOUNTS.
Interest, penalties, and discounts on mandatory payments required
under this chapter are governed by the law applicable to county ad
valorem taxes.
Sec. 291A.154. PURPOSE; CORRECTION OF INVALID PROVISION OR
PROCEDURE. (a) The purpose of this chapter is to generate revenue
by collecting from institutional health care providers a mandatory
payment to be used to provide the nonfederal share of a Medicaid
supplemental payment program.
(b) To the extent any provision or procedure under this
chapter causes a mandatory payment authorized under this chapter to
be ineligible for federal matching funds, the county may provide by
rule for an alternative provision or procedure that conforms to the
requirements of the federal Centers for Medicare and Medicaid
Services.
SECTION 16. Effective September 1, 2017, Section 533.035,
Health and Safety Code, is amended by adding Subsection (b-1) to
read as follows:
(b-1) At least once each year, a local mental health
authority shall consult with the sheriff, or a representative of
the sheriff, of each county in the local authority's service area
regarding the use of funds received under Subsection (b). The local
authority shall provide to the sheriff or the sheriff's
representative a detailed statement of the amount and use of the
funds.
SECTION 17. Subchapter C, Chapter 775, Health and Safety
Code, is amended by adding Section 775.0341 to read as follows:
Sec. 775.0341. APPOINTMENT OF BOARD IN CERTAIN DISTRICTS
LOCATED IN MORE THAN ONE COUNTY. (a) This section applies only to a
district that was authorized to have a board of emergency services
commissioners appointed under former Section 776.0345 and that is
located:
(1) partly in a county with a population of less than
22,000; and
(2) partly in a county with a population of more than
54,000.
(b) A five-member board of emergency services commissioners
appointed under this section serves as the district's governing
body. A commissioner serves a two-year term.
(c) The commissioners court of the smallest county in which
the district is located shall appoint two commissioners to the
board. The commissioners court of the largest county in which the
district is located shall appoint three commissioners to the board.
(d) To be eligible for appointment as an emergency services
commissioner under this section, a person must be at least 18 years
of age and reside in the district. Two commissioners must reside in
the smallest county in which the district is located, and three
commissioners must reside in the largest county in which the
district is located.
(e) On January 1 of each year, a commissioners court shall
appoint a successor for each emergency services commissioner
appointed by that commissioners court whose term has expired.
(f) The appropriate commissioners court shall fill a
vacancy on the board for the remainder of the unexpired term.
SECTION 18. Section 775.035, Health and Safety Code, is
amended by adding Subsection (j) to read as follows:
(j) This section does not apply to a district described by
Section 775.0341.
SECTION 19. Section 775.036, Health and Safety Code, is
amended by adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a)(1), the board for a
district located wholly in a county with a population of 75,000 or
less may by resolution determine to hold the board's regular
meetings less frequently than prescribed by that subsection. The
resolution must require the board to meet either quarterly or every
other month. The board shall meet as required by the resolution.
SECTION 20. Section 81.001(b), Local Government Code, is
amended to read as follows:
(b) If present, the county judge is the presiding officer of
the commissioners court. This subsection does not apply to a
meeting held under Section 551.127, Government Code, if the county
judge is not located at the physical space made available to the
public for the meeting.
SECTION 21. Effective September 1, 2017, Chapter 140, Local
Government Code, is amended by adding Section 140.012 to read as
follows:
Sec. 140.012. EXPENDITURES FOR LOBBYING ACTIVITIES. (a)
This section applies only to:
(1) a political subdivision that imposes a tax;
(2) a political subdivision or special district that
has the authority to issue bonds, including revenue bonds;
(3) a regional mobility authority;
(4) a transit authority;
(5) a regional tollway authority;
(6) a special purpose district;
(7) a public institution of higher education;
(8) a community college district;
(9) a utility owned by the state or a political
subdivision; or
(10) a river authority.
(b) A political subdivision or entity described by
Subsection (a) may enter into a contract to spend money to directly
or indirectly influence or attempt to influence the outcome of any
legislation only if the contract, purpose of the contract,
recipient of the contract, and amount of the contract expenditure
are authorized by a majority vote of the governing body of the
political subdivision or entity in an open meeting of the governing
body. The contract expenditure must be voted on by the governing
body as a stand-alone item on the agenda at the meeting. The
governing body may approve multiple contract expenditures for the
purpose described by this subsection by a single vote of the
governing body, if the total amount of those expenditures is stated
as a separate item on the meeting agenda.
(c) A political subdivision or entity described by
Subsection (a) shall report to the Texas Ethics Commission and
publish on the political subdivision's or entity's Internet
website:
(1) the amount of money authorized under Subsection
(b) for the purpose of directly or indirectly influencing or
attempting to influence the outcome of any legislation pending
before the legislature;
(2) the name of any person required to register under
Chapter 305, Government Code, retained or employed by the political
subdivision or entity for the purpose described by Subdivision (1);
and
(3) an electronic copy of any contract for services
described by Subdivision (1) entered into by the political
subdivision or entity with each person listed under Subdivision
(2).
(d) In addition to the requirements of Subsection (c), the
political subdivision or entity described by Subsection (a) shall
report to the Texas Ethics Commission and publish on the political
subdivision's or entity's Internet website the amount of public
money spent for membership fees and dues of any nonprofit state
association or organization of similarly situated political
subdivisions or entities that directly or indirectly influences or
attempts to influence the outcome of any legislation pending before
the legislature.
(e) The Texas Ethics Commission shall make available to the
public an online searchable database on the commission's Internet
website containing the reports submitted to the commission under
Subsection (c).
(f) If any political subdivision or entity described by
Subsection (a) does not comply with the requirements of this
section, an interested party is entitled to appropriate injunctive
relief to prevent any further activity in violation of this
section. For purposes of this subsection, "interested party" means
a person who:
(1) is a taxpayer of a political subdivision or entity
described by Subsection (a); or
(2) is served by or receives services from a political
subdivision or entity described by Subsection (a).
(g) This section does not apply to expenditures or contracts
of a political subdivision or entity described by Subsection (a)
that are related to a person who is a full-time employee of the
political subdivision or entity, or to the reimbursement of
expenses for a full-time employee of the political subdivision or
entity.
SECTION 22. Effective September 1, 2017, Chapter 203, Local
Government Code, is amended by adding Subchapter D to read as
follows:
SUBCHAPTER D. RECORDS AND INFORMATION PROVIDED TO COMPTROLLER
Sec. 203.061. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a special purpose district described by Section
403.0241(b), Government Code.
Sec. 203.062. PROVISION OF CERTAIN RECORDS AND OTHER
INFORMATION TO COMPTROLLER. (a) A special purpose district shall
transmit records and other information to the comptroller annually
for purposes of providing the comptroller with information to
operate and update the Special Purpose District Public Information
Database under Section 403.0241, Government Code.
(b) The special purpose district may comply with Subsection
(a) by affirming that records and other information previously
transmitted are current.
(c) The special purpose district shall transmit the records
and other information in a form and in the manner prescribed by the
comptroller.
Sec. 203.063. PENALTIES FOR NONCOMPLIANCE. (a) If a
special purpose district does not timely comply with Section
203.062, the comptroller shall provide written notice to the
special purpose district:
(1) informing the special purpose district of the
violation of that section; and
(2) notifying the special purpose district that the
special purpose district will be subject to a penalty of $1,000 if
the special purpose district does not report the required
information on or before the 30th day after the date the notice is
provided.
(b) Not later than the 30th day after the date the
comptroller provides notice to a special purpose district under
Subsection (a), the special purpose district must report the
required information.
(c) If a special purpose district does not report the
required information as prescribed by Subsection (b):
(1) the special purpose district is liable to the
state for a civil penalty of $1,000; and
(2) the comptroller shall provide written notice to
the special purpose district:
(A) informing the special purpose district of the
liability for the penalty; and
(B) notifying the special purpose district that
if the special purpose district does not report the required
information on or before the 30th day after the date the notice is
provided:
(i) the special purpose district will be
subject to an additional penalty of $1,000; and
(ii) the noncompliance will be reflected in
the list maintained by the comptroller under Section 403.0242,
Government Code.
(d) Not later than the 30th day after the date the
comptroller provides notice to a special purpose district under
Subsection (c), the special purpose district must report the
required information.
(e) If a special purpose district does not report the
required information as prescribed by Subsection (d):
(1) the special purpose district is liable to the
state for a civil penalty of $1,000; and
(2) the comptroller shall:
(A) reflect the noncompliance in the list
maintained under Section 403.0242, Government Code, until the
special purpose district reports all information required under
Section 203.062; and
(B) provide written notice to the special purpose
district that the noncompliance will be reflected in the list until
the special purpose district reports the required information.
(f) The attorney general may sue to collect a civil penalty
imposed by this section.
SECTION 23. Effective September 1, 2017, Section
250.006(a), Local Government Code, is amended to read as follows:
(a) Except as provided by Subsection (h), a county by order
or a municipality by ordinance may require the owner of property
within the jurisdiction of the county or municipality to remove
graffiti from the owner's property on receipt of notice from the
county or municipality. This section applies only to commercial
property. Nothing in this section may be construed as applying to
residential property.
SECTION 24. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. PURCHASES: DEVICES THAT UTILIZE ELECTRONIC
CAPTURE. As it relates to purchases by political subdivisions and
notwithstanding any other state law, devices that utilize
electronic capture to produce a physical record are considered
interchangeable with devices that utilize electronic capture to
produce an electronic record.
SECTION 25. Chapter 330, Local Government Code, is amended
by adding Section 330.002 to read as follows:
Sec. 330.002. LIMITATION ON AUTHORITY OF CERTAIN COUNTIES
TO IMPROVE OR REDEVELOP CERTAIN SPORTS FACILITIES. (a) In this
section:
(1) "County revenue" includes revenue from property
taxes, hotel occupancy taxes, fees, and fines.
(2) "Obsolete sports facility" means a multipurpose
arena, coliseum, or stadium designed to be used in part as a venue
for professional sports events and that opened to the public before
1966.
(b) This section applies only to a county with a population
of 3.3 million or more.
(c) A county may not fund, in whole or in part, the
improvement or redevelopment of an obsolete sports facility with
county revenue or debt if the improvement or redevelopment will
cost $10 million or more, unless the funding is approved by the
voters of the county at an election held for that purpose.
SECTION 26. Section 375.022(b), Local Government Code, is
amended to read as follows:
(b) The petition must be signed by[:
[(1)] the owners of a majority of the assessed value of
the real property in the proposed district, according to the most
recent certified county property tax rolls[; or
[(2) 50 persons who own real property in the proposed
district if, according to the most recent certified county property
tax rolls, more than 50 persons own real property in the proposed
district].
SECTION 27. Effective September 1, 2017, Section 391.0095,
Local Government Code, is amended by amending Subsections (a), (d),
and (e) and adding Subsections (c-1), (d-1), and (f) to read as
follows:
(a) The audit and reporting requirements under Section
391.009(a) shall include a requirement that a commission annually
report to the state auditor:
(1) the amount and source of funds received by the
commission during the commission's preceding fiscal year;
(2) the amount and source of funds expended by the
commission during the commission's preceding fiscal year,
including, for each commission program for which an expenditure is
made:
(A) a description of the program;
(B) the name of the program and the name of each
eligible recipient, governmental unit, or other person who received
funds approved by the governing body of the commission under the
program; and
(C) the amount spent for each eligible
governmental unit;
(3) an explanation of any method used by the
commission to compute an expense of the commission, including
computation of any indirect cost of the commission;
(4) a report of the commission's productivity and
performance during the commission's preceding fiscal year [annual
reporting period];
(5) a projection of the commission's productivity and
performance during the commission's next fiscal year [annual
reporting period];
(6) the results of an audit of the commission's affairs
prepared by an independent certified public accountant; and
(7) a report of any assets disposed of by the
commission during the commission's preceding fiscal year.
(c-1) The report submitted under this section shall note any
governmental units that are ineligible to receive money under a
commission program.
(d) If a commission fails to submit a report or audit as
required under this section or is determined by the state auditor to
have failed to comply with a rule, requirement, or guideline
adopted under Section 391.009, the state auditor shall report the
failure to the governor's office. The governor may, until the
failure is corrected:
(1) appoint a receiver to operate or oversee the
commission; or
(2) withhold any appropriated funds of the commission.
(d-1) If the governor appoints a receiver under Subsection
(d)(1), the receiver or the commission may not spend any of the
commission's funds until the failure is corrected.
(e) A commission shall send to the governor, the state
auditor, the comptroller, the members of the legislature that
represent a district located wholly or partly in the region of the
commission, each participating governmental unit in the region, and
the Legislative Budget Board a copy of each report and audit
required under this section or under Section 391.009. The state
auditor may review each audit and report, subject to a risk
assessment performed by the state auditor and to the legislative
audit committee's approval of including the review in the audit
plan under Section 321.013, Government Code. If the state auditor
reviews the audit or report, the state auditor must be given access
to working papers and other supporting documentation that the state
auditor determines is necessary to perform the review. If the state
auditor finds significant issues involving the administration or
operation of a commission or its programs, the state auditor shall
report its findings and related recommendations to the legislative
audit committee, the governor, and the commission. The governor
and the legislative audit committee may direct the commission to
prepare a corrective action plan or other response to the state
auditor's findings or recommendations. The legislative audit
committee may direct the state auditor to perform any additional
audit or investigative work that the committee determines is
necessary.
(f) A commission's Internet website home page must contain a
prominently placed direct link to the most recent report and audit
required under this section.
SECTION 28. Effective September 1, 2017, Section 1.07(d),
Tax Code, is amended to read as follows:
(d) A notice required by Section 11.43(q), 11.45(d),
23.44(d), 23.46(c) or (f), 23.54(e), 23.541(c), 23.55(e),
23.551(a), 23.57(d), 23.76(e), 23.79(d), [or] 23.85(d), or
33.06(h) must be sent by certified mail.
SECTION 29. Effective September 1, 2017, Section 33.06, Tax
Code, is amended by adding Subsection (h) to read as follows:
(h) The chief appraiser may not make a determination that an
individual who is 65 years of age or older is no longer entitled to
receive a deferral or abatement under this section because the
property for which the deferral or abatement was obtained is no
longer the individual's principal residence without first
providing written notice to the individual stating that the chief
appraiser believes the property may no longer be the individual's
principal residence. The notice must include a form on which the
individual may indicate that the property remains the individual's
principal residence and a self-addressed postage prepaid envelope
with instructions for returning the form to the chief appraiser.
The chief appraiser shall consider the individual's response on the
form in determining whether the property remains the individual's
principal residence. If the chief appraiser does not receive a
response on or before the 60th day after the date the notice is
mailed, the chief appraiser may make a determination that the
property is no longer the individual's principal residence on or
after the 30th day after the expiration of the 60-day period, but
only after making a reasonable effort to locate the individual and
determine whether the property remains the individual's principal
residence. For purposes of this subsection, sending an additional
notice that includes, in bold font equal to or greater in size than
the surrounding text, the date on which the chief appraiser is
authorized to make the determination to the individual receiving
the deferral or abatement immediately after the expiration of the
60-day period by first class mail in an envelope on which is
written, in all capital letters, "RETURN SERVICE REQUESTED," or
another appropriate statement directing the United States Postal
Service to return the notice if it is not deliverable as addressed,
or providing the additional notice in another manner that the chief
appraiser determines is appropriate, constitutes a reasonable
effort on the part of the chief appraiser. The chief appraiser may
include a notice required under this subsection in a notice
required under Section 11.43(q), if applicable.
SECTION 30. Effective September 1, 2017, Section
313.032(c), Tax Code, is amended to read as follows:
(c) The portion of the report described by Subsection (a)(2)
must be based on data certified to the comptroller by each recipient
or former recipient of a limitation on appraised value under this
chapter. The recipient or former recipient shall contract with an
independent certified public accountant to verify the data
certified to the comptroller. The data may be verified using
information from any reliable source, including the Texas Workforce
Commission and the chief appraiser of the applicable appraisal
district.
SECTION 31. Effective September 1, 2017, Section
397.0125(a), Transportation Code, is amended to read as follows:
(a) In addition to the penalty provided by Section 397.012,
a person who operates an automotive wrecking and salvage yard in
violation of this chapter is liable for a civil penalty of not less
than $500 or more than $5,000 [$1,000] for each violation. A
separate penalty may be imposed for each day a continuing violation
occurs.
SECTION 32. Section 49.302(b), Water Code, is amended to
read as follows:
(b) A petition requesting the annexation of a defined area
signed by a majority in value of the owners of land in the defined
area, as shown by the tax rolls of the central appraisal district of
the county or counties in which such area is located, [or signed by
50 landowners if the number of landowners is more than 50,] shall
describe the land by metes and bounds or by lot and block number if
there is a recorded plat of the area and shall be filed with the
secretary of the board.
SECTION 33. Section 54.014, Water Code, is amended to read
as follows:
Sec. 54.014. PETITION. When it is proposed to create a
district, a petition requesting creation shall be filed with the
commission. The petition shall be signed by a majority in value of
the holders of title of the land within the proposed district, as
indicated by the tax rolls of the central appraisal district. [If
there are more than 50 persons holding title to the land in the
proposed district, as indicated by the tax rolls of the central
appraisal district, the petition is sufficient if it is signed by 50
holders of title to the land.]
SECTION 34. Section 54.016(a), Water Code, is amended to
read as follows:
(a) No land within the corporate limits of a city or within
the extraterritorial jurisdiction of a city, shall be included in a
district unless the city grants its written consent, by resolution
or ordinance, to the inclusion of the land within the district in
accordance with Section 42.042, Local Government Code, and this
section. The request to a city for its written consent to the
creation of a district, shall be signed by a majority in value of
the holders of title of the land within the proposed district as
indicated by the county tax rolls [or, if there are more than 50
persons holding title to the land in the proposed district as
indicated by the county tax rolls, the request to the city will be
sufficient if it is signed by 50 holders of title to the land in the
district]. A petition for the written consent of a city to the
inclusion of land within a district shall describe the boundaries
of the land to be included in the district by metes and bounds or by
lot and block number, if there is a recorded map or plat and survey
of the area, and state the general nature of the work proposed to be
done, the necessity for the work, and the cost of the project as
then estimated by those filing the petition. If, at the time a
petition is filed with a city for creation of a district, the
district proposes to connect to a city's water or sewer system or
proposes to contract with a regional water and wastewater provider
which has been designated as such by the commission as of the date
such petition is filed, to which the city has made a capital
contribution for the water and wastewater facilities serving the
area, the proposed district shall be designated as a "city service
district." If such proposed district does not meet the criteria for
a city service district at the time the petition seeking creation is
filed, such district shall be designated as a "noncity service
district." The city's consent shall not place any restrictions or
conditions on the creation of a noncity service district as defined
by Chapter 54 of the Texas Water Code other than those expressly
provided in Subsection (e) of this section and shall specifically
not limit the amounts of the district's bonds. A city may not
require annexation as a consent to creation of any district. A city
shall not refuse to approve a district bond issue for any reason
except that the district is not in compliance with valid consent
requirements applicable to the district. If a city grants its
written consent without the concurrence of the applicant to the
creation of a noncity service district containing conditions or
restrictions that the petitioning land owner or owners reasonably
believe exceed the city's powers, such land owner or owners may
petition the commission to create the district and to modify the
conditions and restrictions of the city's consent. The commission
may declare any provision of the consent to be null and void.
SECTION 35. (a) All governmental acts and proceedings of an
emergency services district to which former Section 776.0345,
Health and Safety Code, applied before that section was repealed
and that relate to the selection of emergency services
commissioners of the district and that were taken between January
1, 2012, and the effective date of this Act are validated, ratified,
and confirmed in all respects as if they had been taken as
authorized by law.
(b) This section does not apply to any matter that on the
effective date of this Act:
(1) is involved in litigation if the litigation
ultimately results in the matter being held invalid by a final court
judgment; or
(2) has been held invalid by a final court judgment.
SECTION 36. Section 1, Article 55.02, Code of Criminal
Procedure, as amended by this Act, applies only to the expunction of
arrest records and files related to a criminal offense for which the
trial of the offense begins on or after September 1, 2017. The
expunction of arrest records and files related to a criminal
offense for which the trial of the offense begins before September
1, 2017, is governed by the law in effect on the date the trial
begins, and the former law is continued in effect for that purpose.
SECTION 37. Article 102.006, Code of Criminal Procedure, as
amended by this Act, applies only to a petition for expunction filed
on or after September 1, 2017. A petition for expunction filed
before September 1, 2017, is governed by the law in effect on the
date the petition was filed, and the former law is continued in
effect for that purpose.
SECTION 38. Sections 54.656 and 54.658, Government Code, as
amended by this Act, apply to a matter or case referred to a
magistrate on or after September 1, 2017. A matter or case referred
to a magistrate before September 1, 2017, is governed by the law in
effect immediately before that date, and that law is continued in
effect for that purpose.
SECTION 39. Section 411.0746, Government Code, as added by
this Act, applies only to an order of nondisclosure of criminal
history record information issued on or after September 1, 2017.
The issuance of an order of nondisclosure of criminal history
record information before September 1, 2017, is governed by the law
in effect on the date the order was issued, and the former law is
continued in effect for that purpose.
SECTION 40. If before implementing any provision of Chapter
291A, Health and Safety Code, as added by this Act, a state agency
determines that a waiver or authorization from a federal agency is
necessary for implementation of that provision, the agency affected
by the provision shall request the waiver or authorization and may
delay implementing that provision until the waiver or authorization
is granted.
SECTION 41. (a) The comptroller shall create and post on
the Internet the Special Purpose District Public Information
Database required by Section 403.0241, Government Code, as added by
this Act, not later than September 1, 2018.
(b) Not later than January 1, 2018, the comptroller shall
send written notice to each special purpose district described by
Section 403.0241(b), Government Code, as added by this Act, that
describes the changes in law made by this Act. Each special purpose
district that receives notice shall submit to the comptroller any
information required under Section 403.0241, Government Code, as
added by this Act, or Section 203.062, Local Government Code, as
added by this Act, not later than the 90th day after the date the
district receives the notice.
(c) Notwithstanding another provision of this Act,
including Subsections (a) and (b) of this section, the comptroller
is required to implement Sections 403.0241 and 403.0242, Government
Code, and Subchapter D, Chapter 203, Local Government Code, as
added by this Act, only if the legislature appropriates money
specifically for that purpose. If the legislature does not
appropriate money specifically for that purpose, the comptroller
may, but is not required to, implement Sections 403.0241 and
403.0242, Government Code, and Subchapter D, Chapter 203, Local
Government Code, as added by this Act, using other appropriations
available for that purpose.
SECTION 42. Sections 1.07 and 33.06, Tax Code, as amended by
this Act, apply only to a determination by a chief appraiser that an
individual who is 65 years of age or older is no longer entitled to
receive a deferral or abatement of collection of ad valorem taxes
under Section 33.06, Tax Code, because the property for which the
deferral or abatement was obtained is no longer the individual's
principal residence that is made on or after September 1, 2017. A
determination by a chief appraiser that an individual who is 65
years of age or older is no longer entitled to receive a deferral or
abatement of collection of ad valorem taxes under Section 33.06,
Tax Code, because the property for which the deferral or abatement
was obtained is no longer the individual's principal residence that
is made before September 1, 2017, is governed by the law in effect
at the time the determination was made, and that law is continued in
effect for that purpose.
SECTION 43. Section 397.0125, Transportation Code, as
amended by this Act, applies only to a violation of Chapter 397,
Transportation Code, that occurs on or after September 1, 2017. A
violation of that chapter that occurred before September 1, 2017,
is governed by the law in effect when the violation occurred, and
the former law is continued in effect for that purpose.
SECTION 44. Except as otherwise provided by this Act, this
Act takes effect immediately if it receives a vote of two-thirds of
all the members elected to each house, as provided by Section 39,
Article III, Texas Constitution. If this Act does not receive the
vote necessary for immediate effect, this Act takes effect
September 1, 2017.
* * * * *