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By:

___________________

___.B. No. _____

Substitute the following for ___.B. No. ____:


By:

___________________

C.S.___.B. No. _____

A BILL TO BE ENTITLED
1

AN ACT

relating

to

issues

affecting

counties

governmental entities; authorizing fees.

and

certain

other

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1.

Subchapter

B,

Chapter

1,

Family

Code,

is

amended by adding Section 1.109 to read as follows:

Sec. 1.109.

CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF

INFORMAL MARRIAGE PROHIBITED.

subdivision

of

state
a

not

marriage

use

any

license

funds

or

to

issue,

enforce,

11

informal marriage for a union other than a union between one man

12

and one woman.


(b)

recognize

may

This state or a political

10

13

or

this

(a)

declaration

of

An employee or official of this state or a political

14

subdivision of this state may not issue, enforce, or recognize a

15

marriage license or declaration of informal marriage for a union

16

other than a union between one man and one woman.

17

(c)

This state or a political subdivision of this state

not

use

18

may

19

issuance, enforcement, or recognition of a marriage license or

20

declaration of informal marriage for a union other than a union

21

between one man and one woman.

22

any

SECTION 2.

funds

Effective

to

enforce

September

an

1,

order

2015,

requiring

Subchapter

the

H,

23

Chapter 51, Government Code, is amended by adding Section 51.712

24

to read as follows:
1

15.145.3 TJB

Sec. 51.712.

ADDITIONAL

KAUFMAN COUNTY.

courts,

justice courts in Kaufman County.

(a)

FILING

statutory

(b)

FEE

FOR

CIVIL

CASES

IN

This section applies only to district

probate

courts,

county

courts

at

law,

and

Except as otherwise provided by this section and in

addition to all other fees authorized or required by other law,

the clerk of a court shall collect a filing fee of not more than

$15 in each civil case filed in the court to be used for the

construction, renovation, or improvement of the facilities that

10

house the Kaufman courts collecting the fee.

11

(c)

Court fees due under this section shall be collected

12

in the same manner as other fees, fines, or costs are collected

13

in the case.

14

(d)

The clerk shall send the fees collected under this

15

section to the county treasurer or to any other official who

16

discharges the duties commonly assigned to the county treasurer

17

at

18

official shall deposit the fees in a special account in the

19

county treasury dedicated to the construction, renovation, or

20

improvement of the facilities that house the courts collecting

21

the fee.

22

(e)

23

least

as

This

section

as

monthly.

applies

only

The

to

treasurer

fees

for

or

other

12-month

period beginning July 1, if the commissioners court:

24

(1)

25

than $15; and

26

(2)

27

frequently

with

any

adopts a resolution authorizing a fee of not more

files the resolution with the county treasurer or

other

official

who

discharges
2

the

duties

commonly

15.145.3 TJB

assigned

immediately preceding the first 12-month period during which the

fees are to be collected.

(f)

to

the

county

treasurer

not

later

than

June

A resolution adopted under Subsection (e) continues

from year to year until July 1, 2030, allowing the county to

collect

resolution is rescinded.

(g)

fees

under

The

the

terms

commissioners

of

court

this

may

section

rescind

until

the

resolution

adopted under Subsection (e) by adopting a resolution rescinding

10

the resolution and submitting the rescission resolution to the

11

county treasurer or to any other official who discharges the

12

duties commonly assigned to the county treasurer not later than

13

June 1 preceding the beginning of the first day of the county

14

fiscal year.

15

resolution

16

rescinding a previous resolution under that subsection.

17
18

(h)

the

fee

(1)

manner

provided

established

Subsection

particular

(e)

after

resolution

is

the date a resolution adopted under Subsection

(2)

July 1, 2030.

SECTION 3.
101,

Effective

Government

September

23

Chapter

24

101.061193 to read as follows:

25

under

by

(e) is rescinded as provided by Subsection (g); or

21
22

in

abolished on the earlier of:

19
20

The commissioners court may adopt an additional

Sec. 101.061193.

Code,

is

1,

2015,

amended

by

Subchapter
adding

D,

Section

ADDITIONAL DISTRICT COURT FEES FOR COURT

26

FACILITIES:

GOVERNMENT CODE.

The clerk of a district court in

27

Kaufman County shall collect an additional filing fee of not


3

15.145.3 TJB

more than $15 under Section 51.712, Government Code, in civil

cases to fund the construction, renovation, or improvement of

court

court.

facilities,

SECTION 4.

authorized

Effective

Chapter

101.081196 to read as follows:

Government

Sec. 101.081196.
FOR

COURT

Code,

is

ADDITIONAL

FACILITIES:

the

1,

STATUTORY
CODE.

adding

COUNTY
The

Section

COURT
clerk

FEES
of

Government

13

renovation, or improvement of court facilities, if authorized by

14

the county commissioners court.


SECTION 5.

Government

Chapter

17

101.101191 to read as follows:


Sec. 101.101191.

Code,

is

ADDITIONAL

FACILITIES:

1,

the

2015,

amended

STATUTORY

PROBATE

COURT

22

Government

23

renovation, or improvement of court facilities, if authorized by

24

the county commissioners court.


SECTION 6.
101,

civil

Effective

Government

cases

to

September

26

Chapter

Code,

27

101.143 to read as follows:

is

fund

1,

shall

the

2015,

amended

clerk

FEES

additional filing fee of not more than $15 under Section 51.712,

Kaufman

The

Section

21

in

County

adding

F,

statutory

Code,

in

Subchapter

20

court

CODE.

construction,

FOR

probate

GOVERNMENT

by

an

19

25

COURT

fund

September

16

18

101,

Effective

to

collect

12

cases

shall

E,

additional filing fee of not more than $15 under Section 51.712,
civil

County

Subchapter

11

in

Kaufman

by

commissioners

statutory

Code,

in

2015,

amended

GOVERNMENT

court

county

10

15

county

by

September

101,

if

by

of

collect

a
an

construction,

Subchapter
adding

H,

Section

15.145.3 TJB

Sec. 101.143.

ADDITIONAL

JUSTICE

COURT

FEE

FOR

COURT

FACILITIES COLLECTED BY CLERK.

Kaufman County shall collect an additional filing fee of not

more than $15 under Section 51.712, Government Code, in civil

cases to fund the construction, renovation, or improvement of

court

court.

8
9

facilities,

SECTION 7.

if

The clerk of a justice court in

authorized

by

the

county

commissioners

Section 1502.056, Government Code, is amended

by adding Subsection (a-1) to read as follows:

10

(a-1)

For

municipality

in

county

that

contains

an

11

international border and borders the Gulf of Mexico, the first

12

lien against the revenue of a municipally owned utility system

13

that

14

obligations incurred under this chapter also applies to funding,

15

as a necessary operations expense, for a bill payment assistance

16

program for the utility system's customers who:

secures

17
18

(1)

the

payment

of

public

securities

issued

or

have been determined by the municipality to be

low-income customers;

19

(2)

are

military

veterans

who

have

significantly

20

decreased abilities to regulate their bodies' core temperatures

21

because of severe burns received in combat; or

22
23
24
25
26
27

(3)

are

elderly

and

low-income

customers

as

determined by the municipality.


SECTION 8.

Section

194.001,

Health

and

Safety

Code,

is

amended by adding Subsection (c) to read as follows:


(c)

A county clerk may not file, and the vital statistics

unit may not enter into the vital statistics system, a document
5

15.145.3 TJB

copy described by Subsection (a) or (b) that is associated with

a union other than a union between one man and one woman.

the vital statistics unit determines that the document copy is

associated with a union other than a union between one man and

one woman, the vital statistics unit shall provide the document

copy to the attorney general.

SECTION 9.

Section

285.101,

Health

and

Safety

Code,

If

is

amended by amending Subsection (a) and adding Subsection (b-1)

to read as follows:

10

(a)

This subchapter applies only to a hospital, hospital

11

district, or authority created and operated under Article IX,

12

Texas Constitution, under a special law, or under this title

13

[that is located in:

14

[(1)

a county with a population of 35,000 or less;

15

[(2)

those portions of extended municipalities that

16

the federal census bureau has determined to be rural; or

17
18
19

[(3)

an area that is not delineated as an urbanized

area by the federal census bureau].


(b-1)

A facility or service under Subsection (b) may be

20

located or offered, as applicable, in any location that the

21

governing body of the hospital, hospital district, or authority

22

considers to be in the best interest of the hospital, hospital

23

district, or authority, subject to any limitation imposed by:

24
25
26
27

(1)

rule

of

the

Department

of

State

Health

Services; or
(2)

an order of the commissioners court of a county

in which any part of the facility will be located or the service


6

15.145.3 TJB

will be offered, if the county in which any part of the facility

will be located or the service will be offered does not have a

public hospital, hospital district, or hospital authority.

4
5

SECTION 10.

Section 288.001(4), Health and Safety Code, is

amended to read as follows:

(4)

"Institutional

nonpublic

[licensed under Chapter 241].

9
10
11

hospital

SECTION 11.

provides

care

inpatient

provider"
hospital

means

services

Subtitle D, Title 4, Health and Safety Code,

is amended by adding Chapter 291 to read as follows:


CHAPTER 291.

12

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM


IN CERTAIN COUNTIES BORDERING ARKANSAS

13

SUBCHAPTER A.

14

Sec. 291.001.

15

(1)

16

that

health

GENERAL PROVISIONS

DEFINITIONS.

"Institutional

In this chapter:

health

care

provider"

means

nonpublic hospital that provides inpatient hospital services.

17

(2)

"Paying hospital" means an institutional health

18

care provider required to make a mandatory payment under this

19

chapter.

20
21
22
23

(3)

"Program" means the county health care provider

participation program authorized by this chapter.


Sec. 291.002.

APPLICABILITY.

This chapter applies only to

a county that:

24

(1)

is not served by a hospital district or a public

26

(2)

is located on the state border with Arkansas; and

27

(3)

has a population of more than 90,000.

25

hospital;

15.145.3 TJB

Sec. 291.003.

COUNTY

HEALTH

CARE

PROVIDER

PROGRAM; PARTICIPATION IN PROGRAM.

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located

participation fund established by the county.

may be used by the county to fund certain intergovernmental

transfers

chapter.

10

(b)

in

the

and

county

to

indigent

be

(a)

PARTICIPATION

A county health care

deposited

care

programs

in

as

local

provider

Money in the fund

provided

by

this

The commissioners court may adopt an order authorizing

11

county

to

participate

in

the

12

limitations provided by this chapter.

program,

subject

to

the

13

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONERS COURT

14

Sec. 291.051.

LIMITATION ON AUTHORITY TO REQUIRE MANDATORY

15

PAYMENT.

16

mandatory

17

institutional health care provider in the county only in the

18

manner provided by this chapter.

19

The commissioners court of a county may require a


payment

authorized

Sec. 291.052.

under

this

MAJORITY VOTE REQUIRED.

chapter

by

an

The commissioners

20

court of a county may not authorize the county to collect a

21

mandatory

22

affirmative

23

commissioners court.

24

payment
vote

Sec. 291.053.

authorized
of

RULES

under

majority

AND

this
of

chapter

the

PROCEDURES.

without

members

an

of

After

the

the

25

commissioners court has voted to require a mandatory payment

26

authorized under this chapter, the commissioners court may adopt

27

rules relating to the administration of the mandatory payment.


8

15.145.3 TJB

Sec. 291.054.

INSTITUTIONAL

HEALTH

PROVIDER

REPORTING; INSPECTION OF RECORDS.

of a county that collects a mandatory payment authorized under

this

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.

10

chapter

(b)

shall

require

(a)

CARE

each

The commissioners court

institutional

health

care

The commissioners court of a county that collects a

11

mandatory payment authorized under this chapter may inspect the

12

records of an institutional health care provider to the extent

13

necessary

14

Subsection (a).

15
16

to

ensure

SUBCHAPTER C.
Sec. 291.101.

compliance

with

the

requirements

of

GENERAL FINANCIAL PROVISIONS

HEARING.

(a)

Each year, the commissioners

17

court of a county that collects a mandatory payment authorized

18

under this chapter shall hold a public hearing on the amounts of

19

any mandatory payments that the commissioners court intends to

20

require during the year and how the revenue derived from those

21

payments is to be spent.

22

(b)

Not later than the 10th day before the date of the

23

hearing required under Subsection (a), the commissioners court

24

of the county shall publish notice of the hearing in a newspaper

25

of general circulation in the county.

26
27

(c)

A representative of a paying hospital is entitled to

appear at the time and place designated in the public notice and
9

15.145.3 TJB

to

payments authorized under this chapter.

be

heard

regarding

Sec. 291.102.

any

matter

DEPOSITORY.

related

(a)

to

the

mandatory

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

serves for two years or until a successor is designated.

(b)

by

the

county.

bank

designated

as

depository

All income received by a county under this chapter,

10

including the revenue from mandatory payments remaining after

11

discounts and fees for assessing and collecting the payments are

12

deducted, shall be deposited with the county depository in the

13

county's local provider participation fund and may be withdrawn

14

only as provided by this chapter.

15
16
17

(c)

All funds under this chapter shall be secured in the

manner provided for securing county funds.


Sec. 291.103.

LOCAL

PROVIDER

FUND;

18

AUTHORIZED USES OF MONEY.

19

mandatory payment authorized under this chapter shall create a

20

local provider participation fund.

21

(b)

22

consists of:

23

The

(1)

local

provider

(a)

PARTICIPATION

Each county that collects a

participation

fund

of

county

all revenue received by the county attributable

24

to mandatory payments authorized under this chapter, including

25

any penalties and interest attributable to delinquent payments;

26
27

(2)

money received from the Health and Human Services

Commission as a refund of an intergovernmental transfer from the


10

15.145.3 TJB

county to the state for the purpose of providing the nonfederal

share

provided that the intergovernmental transfer does not receive a

federal matching payment; and

of

5
6
7

(3)
(c)

supplemental

payment

program

payments,

the earnings of the fund.

Money deposited to the local provider participation

fund may be used only to:

8
9

Medicaid

(1)

fund intergovernmental transfers from the county

to the state to provide:

10

(A)

the

nonfederal

share

of

Medicaid

11

supplemental payment program authorized under the state Medicaid

12

plan,

13

Improvement

14

federal

15

successor

16

supplemental payment programs; or

17

(B)

18

the

Texas

Healthcare

Program

Social

waiver

Security

waiver

issued

Act

program

payments

Transformation

(42

1115

U.S.C.

Section

1315),

authorizing

to

the

or

Medicaid

managed

care

organizations that are dedicated for payment to hospitals;

20

(3)

pay

24

similar

Medicaid

subsidize indigent programs;

23

of

Section

(2)

22

Quality

under

19

21

and

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

25

share of money received by the county from the Health and Human

26

Services Commission that is not used to fund the nonfederal

27

share of Medicaid supplemental payment program payments.


11

15.145.3 TJB

1
2

(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

subsection may not be used by the county or any other entity to

expand

Affordable Care Act (Pub. L. No. 111-148) as amended by the

Health Care and Education Reconciliation Act of 2010 (Pub. L.

10

of

an

intergovernmental

Medicaid

eligibility

transfer

under

the

described

Patient

by

that

Protection

and

No. 111-152).

11

SUBCHAPTER D.

12

Sec. 291.151.

MANDATORY PAYMENTS

MANDATORY PAYMENTS BASED ON PAYING HOSPITAL

13

NET PATIENT REVENUE.

14

the commissioners court of a county that collects a mandatory

15

payment

16

mandatory payment to be assessed on the net patient revenue of

17

each institutional health care provider located in the county.

18

The commissioners court may provide for the mandatory payment to

19

be assessed quarterly.

20

payment is required, the mandatory payment is assessed on the

21

net patient revenue of an institutional health care provider as

22

determined

23

Health Services under Sections 311.032 and 311.033 in the fiscal

24

year

25

provider did not report any data under those sections in that

26

fiscal

27

provider's Medicare cost report submitted for the 2013 fiscal

authorized

by

ending

year,

the

in

as

(a)

Except as provided by Subsection (e),

under

chapter

may

require

an

annual

In the first year in which the mandatory

data

2013

this

reported

or,

determined

if

to

the

by

12

the

the

Department

institutional

institutional

of

health

health

State

care

care

15.145.3 TJB

year or for the closest subsequent fiscal year for which the

provider submitted the Medicare cost report.

update the amount of the mandatory payment on an annual basis.

(b)

The

amount

of

mandatory

The county shall

payment

authorized

under

this chapter must be uniformly proportionate with the amount of

net patient revenue generated by each paying hospital in the

county.

not hold harmless any institutional health care provider, as

required under 42 U.S.C. Section 1396b(w).

10

A mandatory payment authorized under this chapter may

(c)

The commissioners court of a county that collects a

11

mandatory payment authorized under this chapter shall set the

12

amount of the mandatory payment.

The amount of the mandatory

13

payment

hospital

14

amount that, when added to the amount of the mandatory payments

15

required from all other paying hospitals in the county, equals

16

an amount of revenue that exceeds six percent of the aggregate

17

net patient revenue of all paying hospitals in the county.

18

required

(d)
the

of

each

paying

may

not

exceed

an

Subject to the maximum amount prescribed by Subsection

19

(c),

commissioners

20

mandatory payment authorized under this chapter shall set the

21

mandatory

22

generate sufficient revenue to cover the administrative expenses

23

of the county for activities under this chapter, to fund an

24

intergovernmental transfer described by Section 291.103(c)(1),

25

and to pay for indigent programs, except that the amount of

26

revenue from mandatory payments used for administrative expenses

27

of the county for activities under this chapter in a year may

payments

in

court

of

amounts

13

that

county

in

the

that

collects

aggregate

will

15.145.3 TJB

not

generated from the mandatory payment or $20,000.

3
4

exceed

(e)

the

lesser

paying

of

four

hospital

percent

may

not

of

add

the

total

revenue

mandatory

payment

required under this section as a surcharge to a patient.

Sec. 291.152.

PAYMENTS.

(a)

tax

authorized

collector

ASSESSMENT

AND

COLLECTION

OF

MANDATORY

Except as provided by Subsection (b), the county

assessor-collector
under
shall

shall

this

collect

chapter.

charge

and

the

The

deduct

mandatory

county

from

tax

payment
assessor-

mandatory

payments

10

collected for the county a fee for collecting the mandatory

11

payment in an amount determined by the commissioners court of

12

the county, not to exceed the county tax assessor-collector's

13

usual and customary charges.

14

(b)

15

appropriate,

16

assessment and collection of mandatory payments in the manner

17

provided by Title 1, Tax Code, for the assessment and collection

18

of ad valorem taxes.

19

(c)

If

determined
the

by

the

commissioners

commissioners
court

may

court

contract

to
for

be
the

Revenue from a fee charged by a county tax assessor-

20

collector

21

deposited in the county general fund and, if appropriate, shall

22

be reported as fees of the county tax assessor-collector.

23

for

collecting

Sec. 291.153.

INTEREST,

PENALTIES,
discounts

on

payment

AND

shall

be

DISCOUNTS.

Interest,

25

required under this chapter are governed by the law applicable

26

to county ad valorem taxes.


Sec. 291.154.

and

mandatory

24

27

penalties,

the

mandatory

payments

PURPOSE; CORRECTION OF INVALID PROVISION OR


14

15.145.3 TJB

PROCEDURE.

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)

(a)

The purpose of this chapter is to generate

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

10
11
12
13
14

and Medicaid Services.


SECTION 12.

Subtitle D, Title 4, Health and Safety Code,

is amended by adding Chapter 293 to read as follows:


CHAPTER 293.

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM

IN CERTAIN COUNTIES IN THE TEXAS-LOUISIANA BORDER REGION

15

SUBCHAPTER A.

16

Sec. 293.001.

17

(1)

18

GENERAL PROVISIONS

DEFINITIONS.

"Institutional

In this chapter:

health

care

provider"

means

nonpublic hospital that provides inpatient hospital services.

19

(2)

"Paying hospital" means an institutional health

20

care provider required to make a mandatory payment under this

21

chapter.

22
23
24
25

(3)

"Program" means the county health care provider

participation program authorized by this chapter.


Sec. 293.002.

APPLICABILITY.

This chapter applies only to

a county that:

26

(1)

is not served by a hospital district;

27

(2)

is located in the Texas-Louisiana border region,


15

15.145.3 TJB

as that region is defined by Section 2056.002, Government Code;

and

(3)

than 200,000.

has a population of more than 100,000 but less

Sec. 293.003.

COUNTY

HEALTH

CARE

PROVIDER

PROGRAM; PARTICIPATION IN PROGRAM.

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located

in

the

county

to

be

(a)

PARTICIPATION

A county health care

deposited

in

local

provider

10

participation fund established by the county.

11

may be used by the county to fund certain intergovernmental

12

transfers

13

chapter.

14

(b)

and

indigent

care

programs

as

Money in the fund

provided

by

this

The commissioners court may adopt an order authorizing

15

county

to

participate

in

the

16

limitations provided by this chapter.

program,

subject

to

the

17

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONERS COURT

18

Sec. 293.051.

LIMITATION ON AUTHORITY TO REQUIRE MANDATORY

19

PAYMENT.

20

mandatory

21

institutional health care provider in the county only in the

22

manner provided by this chapter.

23

The commissioners court of a county may require a


payment

authorized

Sec. 293.052.

under

this

MAJORITY VOTE REQUIRED.

chapter

by

an

The commissioners

24

court of a county may not authorize the county to collect a

25

mandatory

26

affirmative

27

commissioners court.

payment
vote

authorized
of

under

majority

16

this
of

chapter

the

without

members

of

an
the

15.145.3 TJB

Sec. 293.053.

RULES

AND

PROCEDURES.

After

the

commissioners court has voted to require a mandatory payment

authorized under this chapter, the commissioners court may adopt

rules relating to the administration of the mandatory payment.

Sec. 293.054.

INSTITUTIONAL

HEALTH

PROVIDER

REPORTING; INSPECTION OF RECORDS.

of a county that collects a mandatory payment authorized under

this

provider to submit to the county a copy of any financial and

10

utilization data required by and reported to the Department of

11

State Health Services under Sections 311.032 and 311.033 and any

12

rules adopted by the executive commissioner of the Health and

13

Human Services Commission to implement those sections.

14

chapter

(b)

shall

require

each

(a)

CARE

The commissioners court

institutional

health

care

The commissioners court of a county that collects a

15

mandatory payment authorized under this chapter may inspect the

16

records of an institutional health care provider to the extent

17

necessary

18

Subsection (a).

19
20

to

ensure

SUBCHAPTER C.
Sec. 293.101.

compliance

with

the

requirements

of

GENERAL FINANCIAL PROVISIONS

HEARING.

(a)

Each year, the commissioners

21

court of a county that collects a mandatory payment authorized

22

under this chapter shall hold a public hearing on the amounts of

23

any mandatory payments that the commissioners court intends to

24

require during the year and how the revenue derived from those

25

payments is to be spent.

26
27

(b)

Not later than the 10th day before the date of the

hearing required under Subsection (a), the commissioners court


17

15.145.3 TJB

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

payments authorized under this chapter.

be

heard

regarding

Sec. 293.102.

any

matter

DEPOSITORY.

related

(a)

to

the

mandatory

The commissioners court of

each county that collects a mandatory payment authorized under

this chapter by resolution shall designate one or more banks

10

located in the county as the depository for mandatory payments

11

received

12

serves for two years or until a successor is designated.

13

(b)

by

the

county.

bank

designated

as

depository

All income received by a county under this chapter,

14

including the revenue from mandatory payments remaining after

15

discounts and fees for assessing and collecting the payments are

16

deducted, shall be deposited with the county depository in the

17

county's local provider participation fund and may be withdrawn

18

only as provided by this chapter.

19
20
21

(c)

All funds under this chapter shall be secured in the

manner provided for securing county funds.


Sec. 293.103.

LOCAL

PROVIDER

FUND;

22

AUTHORIZED USES OF MONEY.

23

mandatory payment authorized under this chapter shall create a

24

local provider participation fund.

25

(b)

26

consists of:

27

The

(1)

local

provider

(a)

PARTICIPATION

Each county that collects a

participation

fund

of

county

all revenue received by the county attributable


18

15.145.3 TJB

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

provided that the intergovernmental transfer does not receive a

federal matching payment; and

of

(3)

10
11

Medicaid

(c)

supplemental

payment

program

payments,

the earnings of the fund.

Money deposited to the local provider participation

fund may be used only to:

12

(1)
the

fund intergovernmental transfers from the county

13

to

state

14

supplemental payment program authorized under the state Medicaid

15

plan,

16

Improvement

17

federal

18

successor

19

supplemental payment programs;

the

to

provide

Texas

nonfederal

Healthcare

Program

Social

the

waiver

Security

waiver

program

(42

of

Section

1315),

authorizing

(3)

pay

25

Quality

U.S.C.

21

24

and
1115

subsidize indigent programs;

23

Medicaid

Section

(2)

22

under

20

the

of

Transformation

issued

Act

share

administrative

similar

expenses

of

the

or

Medicaid

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

26

share of money received by the county from the Health and Human

27

Services Commission that is not used to fund the nonfederal


19

15.145.3 TJB

share of Medicaid supplemental payment program payments.

2
3

(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

subsection may not be used by the county or any other entity to

expand

Affordable Care Act (Pub. L. No. 111-148) as amended by the

10

Health Care and Education Reconciliation Act of 2010 (Pub. L.

11

No. 111-152).

of

an

intergovernmental

Medicaid

12

eligibility

under

SUBCHAPTER D.

13

Sec. 293.151.

transfer

the

described

Patient

by

that

Protection

and

MANDATORY PAYMENTS

MANDATORY PAYMENTS BASED ON PAYING HOSPITAL

14

NET PATIENT REVENUE.

15

the commissioners court of a county that collects a mandatory

16

payment

17

mandatory payment to be assessed on the net patient revenue of

18

each institutional health care provider located in the county.

19

The commissioners court may provide for the mandatory payment to

20

be assessed quarterly.

21

payment is required, the mandatory payment is assessed on the

22

net patient revenue of an institutional health care provider as

23

determined

24

Health Services under Sections 311.032 and 311.033 in the fiscal

25

year

26

provider did not report any data under those sections in that

27

fiscal

authorized

by

ending

year,

the

in

as

(a)

Except as provided by Subsection (e),

under

chapter

may

require

an

annual

In the first year in which the mandatory

data

2013

this

reported

or,

determined

if

to

the

by
20

the

the

Department

institutional

institutional

of

health

health

State

care

care

15.145.3 TJB

provider's cost report submitted for the 2013 fiscal year or for

the

submitted the cost report.

of the mandatory payment on an annual basis.

closest

(b)

The

subsequent

amount

of

fiscal

year

for

which

the

provider

The county shall update the amount

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.

not hold harmless any institutional health care provider, as

10

A mandatory payment authorized under this chapter may

required under 42 U.S.C. Section 1396b(w).

11

(c)

The commissioners court of a county that collects a

12

mandatory payment authorized under this chapter shall set the

13

amount of the mandatory payment.

The amount of the mandatory

14

payment

hospital

15

amount that, when added to the amount of the mandatory payments

16

required from all other paying hospitals in the county, equals

17

an amount of revenue that exceeds six percent of the aggregate

18

net patient revenue of all paying hospitals in the county.

19

required

(d)
the

of

each

paying

may

not

exceed

an

Subject to the maximum amount prescribed by Subsection

20

(c),

commissioners

21

mandatory payment authorized under this chapter shall set the

22

mandatory

23

generate sufficient revenue to cover the administrative expenses

24

of the county for activities under this chapter, to fund the

25

nonfederal share of a Medicaid supplemental payment program, and

26

to pay for indigent programs, except that the amount of revenue

27

from mandatory payments used for administrative expenses of the

payments

in

court

of

amounts

21

that

county

in

the

that

collects

aggregate

will

15.145.3 TJB

county

exceed the lesser of four percent of the total revenue generated

from the mandatory payment or $20,000.

4
5

for

(e)

activities

paying

under

this

hospital

may

chapter

not

add

in

year

may

mandatory

not

payment

required under this section as a surcharge to a patient.

Sec. 293.152.

PAYMENTS.

(a)

tax

authorized

ASSESSMENT

AND

COLLECTION

OF

MANDATORY

Except as provided by Subsection (b), the county

assessor-collector
under
shall

shall

this

collect

chapter.

assessor-

collected for the county a fee for collecting the mandatory

12

payment in an amount determined by the commissioners court of

13

the county, not to exceed the county tax assessor-collector's

14

usual and customary charges.

mandatory

(b)

16

appropriate,

17

assessment and collection of mandatory payments in the manner

18

provided by Title 1, Tax Code, for the assessment and collection

19

of ad valorem taxes.

20

(c)

commissioners

commissioners

payments

15

the

the

from

tax

11

by

deduct

county

payment

collector

determined

and

The

mandatory

10

If

charge

the

court

may

court

contract

to
for

be
the

Revenue from a fee charged by a county tax assessor-

21

collector

22

deposited in the county general fund and, if appropriate, shall

23

be reported as fees of the county tax assessor-collector.

24

for

collecting

Sec. 293.153.

INTEREST,

penalties,

and

the

mandatory

PENALTIES,
discounts

AND

shall

be

DISCOUNTS.

25

Interest,

26

required under this chapter are governed by the law applicable

27

to county ad valorem taxes.


22

on

payment

mandatory

payments

15.145.3 TJB

Sec. 293.154.

PROCEDURE.

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)

(a)

PURPOSE; CORRECTION OF INVALID PROVISION OR


The purpose of this chapter is to generate

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

10

conforms to the requirements of the federal Centers for Medicare

11

and Medicaid Services.

12
13
14
15

SECTION 13.

Subtitle D, Title 4, Health and Safety Code,

is amended by adding Chapter 294 to read as follows:


CHAPTER 294.

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM

IN CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY

16

SUBCHAPTER A.

17

Sec. 294.001.

18

(1)

19

GENERAL PROVISIONS

DEFINITIONS.

"Institutional

In this chapter:

health

care

provider"

means

nonpublic hospital licensed under Chapter 241.

20

(2)

"Paying hospital" means an institutional health

21

care provider required to make a mandatory payment under this

22

chapter.

23
24
25
26
27

(3)

"Program" means the county health care provider

participation program authorized by this chapter.


Sec. 294.002.

APPLICABILITY.

This chapter applies only to

a county that:
(1)

is not served by a hospital district or a public


23

15.145.3 TJB

hospital;

2
3

(2)

contains

private

institution

of

higher

education with a student enrollment of more than 12,000; and

(3)

has a population of less than 250,000.

Sec. 294.003.

COUNTY

HEALTH

CARE

PROVIDER

PROGRAM; PARTICIPATION IN PROGRAM.

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located

in

the

county

to

be

(a)

PARTICIPATION

A county health care

deposited

in

local

provider

10

participation fund established by the county.

11

may be used by the county to fund certain intergovernmental

12

transfers

13

chapter.

14

(b)

and

indigent

care

programs

as

Money in the fund

provided

by

this

The commissioners court may adopt an order authorizing

15

county

to

participate

in

the

16

limitations provided by this chapter.

program,

subject

to

the

17

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONERS COURT

18

Sec. 294.051.

LIMITATION ON AUTHORITY TO REQUIRE MANDATORY

19

PAYMENT.

20

mandatory

21

institutional health care provider in the county only in the

22

manner provided by this chapter.

23

The commissioners court of a county may require a


payment

authorized

Sec. 294.052.

under

this

MAJORITY VOTE REQUIRED.

chapter

by

an

The commissioners

24

court of a county may not authorize the county to collect a

25

mandatory

26

affirmative

27

commissioners court.

payment
vote

authorized
of

under

majority

24

this
of

chapter

the

without

members

of

an
the

15.145.3 TJB

Sec. 294.053.

RULES

AND

PROCEDURES.

After

the

commissioners court has voted to require a mandatory payment

authorized under this chapter, the commissioners court may adopt

rules relating to the administration of the mandatory payment.

Sec. 294.054.

INSTITUTIONAL

HEALTH

PROVIDER

REPORTING; INSPECTION OF RECORDS.

of a county that collects a mandatory payment authorized under

this

provider to submit to the county a copy of any financial and

10

utilization data required by and reported to the Department of

11

State Health Services under Sections 311.032 and 311.033 and any

12

rules adopted by the executive commissioner of the Health and

13

Human Services Commission to implement those sections.

14

chapter

(b)

shall

require

each

(a)

CARE

The commissioners court

institutional

health

care

The commissioners court of a county that collects a

15

mandatory payment authorized under this chapter may inspect the

16

records of an institutional health care provider to the extent

17

necessary

18

Subsection (a).

19
20

to

ensure

SUBCHAPTER C.
Sec. 294.101.

compliance

with

the

requirements

of

GENERAL FINANCIAL PROVISIONS

HEARING.

(a)

Each year, the commissioners

21

court of a county that collects a mandatory payment authorized

22

under this chapter shall hold a public hearing on the amounts of

23

any mandatory payments that the commissioners court intends to

24

require during the year and how the revenue derived from those

25

payments is to be spent.

26
27

(b)

Not later than the 10th day before the date of the

hearing required under Subsection (a), the commissioners court


25

15.145.3 TJB

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

payments authorized under this chapter.

be

heard

regarding

Sec. 294.102.

any

matter

DEPOSITORY.

related

(a)

to

the

mandatory

The commissioners court of

each county that collects a mandatory payment authorized under

this chapter by resolution shall designate one or more banks

10

located in the county as the depository for mandatory payments

11

received

12

serves for two years or until a successor is designated.

13

(b)

by

the

county.

bank

designated

as

depository

All income received by a county under this chapter,

14

including the revenue from mandatory payments remaining after

15

discounts and fees for assessing and collecting the payments are

16

deducted, shall be deposited with the county depository in the

17

county's local provider participation fund and may be withdrawn

18

only as provided by this chapter.

19
20
21

(c)

All funds under this chapter shall be secured in the

manner provided for securing county funds.


Sec. 294.103.

LOCAL

PROVIDER

FUND;

22

AUTHORIZED USES OF MONEY.

23

mandatory payment authorized under this chapter shall create a

24

local provider participation fund.

25

(b)

26

consists of:

27

The

(1)

local

provider

(a)

PARTICIPATION

Each county that collects a

participation

fund

of

county

all revenue received by the county attributable


26

15.145.3 TJB

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

provided that the intergovernmental transfer does not receive a

federal matching payment; and

of

(3)

10
11

Medicaid

(c)

supplemental

payment

program

payments,

the earnings of the fund.

Money deposited to the local provider participation

fund may be used only to:

12

(1)
the

fund intergovernmental transfers from the county

13

to

state

14

supplemental payment program authorized under the state Medicaid

15

plan,

16

Improvement

17

federal

18

successor

19

supplemental payment programs;

the

to

provide

Texas

nonfederal

Healthcare

Program

Social

the

waiver

Security

waiver

program

(42

of

Section

1315),

authorizing

(3)

pay

25

Quality

U.S.C.

21

24

and
1115

subsidize indigent programs;

23

Medicaid

Section

(2)

22

under

20

the

of

Transformation

issued

Act

share

administrative

similar

expenses

of

the

or

Medicaid

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

26

share of money received by the county from the Health and Human

27

Services Commission that is not used to fund the nonfederal


27

15.145.3 TJB

1
2
3
4

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

subsection may not be used by the county or any other entity to

expand

Affordable Care Act (Pub. L. No. 111-148) as amended by the

10

Health Care and Education Reconciliation Act of 2010 (Pub. L.

11

No. 111-152).

of

an

Medicaid

12
13

intergovernmental

eligibility

under

SUBCHAPTER D.
Sec. 294.151.

transfer

the

described

Patient

by

that

Protection

and

MANDATORY PAYMENTS

MANDATORY PAYMENTS BASED ON PAYING HOSPITAL

14

NET PATIENT REVENUE.

15

the commissioners court of a county that collects a mandatory

16

payment

17

mandatory payment to be assessed quarterly on the net patient

18

revenue of each institutional health care provider located in

19

the county.

20

required, the mandatory payment is assessed on the net patient

21

revenue of an institutional health care provider as determined

22

by the data reported to the Department of State Health Services

23

under Sections 311.032 and 311.033 in the fiscal year ending in

24

2014.

25

payment on an annual basis.

26
27

(b)

authorized

The

The

(a)

Except as provided by Subsection (e),

under

this

chapter

may

require

an

annual

In the first year in which the mandatory payment is

county

amount

shall

of

update

the

mandatory

amount

payment

of

the

mandatory

authorized

under

this chapter must be uniformly proportionate with the amount of


28

15.145.3 TJB

net patient revenue generated by each paying hospital in the

county.

not hold harmless any institutional health care provider, as

required under 42 U.S.C. Section 1396b(w).

A mandatory payment authorized under this chapter may

(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

hospital

amount that, when added to the amount of the mandatory payments

10

required from all other paying hospitals in the county, equals

11

an amount of revenue that exceeds six percent of the aggregate

12

net patient revenue of all paying hospitals in the county.

13

required

(d)

of

each

paying

may

not

exceed

an

Subject to the maximum amount prescribed by Subsection

14

(c),

15

mandatory payment authorized under this chapter shall set the

16

mandatory

17

generate sufficient revenue to cover the administrative expenses

18

of the county for activities under this chapter, to fund the

19

nonfederal share of a Medicaid supplemental payment program, and

20

to pay for indigent programs, except that the amount of revenue

21

from mandatory payments used for administrative expenses of the

22

county

23

exceed the lesser of four percent of the total revenue generated

24

from the mandatory payment or $20,000.

25
26
27

the

commissioners

payments

for

(e)

in

activities

paying

court

of

amounts

under

hospital

that

this

may

county

in

chapter

not

add

that

the

in

collects

aggregate

year

may

mandatory

will

not

payment

required under this section as a surcharge to a patient.


Sec. 294.152.

ASSESSMENT

AND
29

COLLECTION

OF

MANDATORY

15.145.3 TJB

PAYMENTS.

tax

authorized

collector

collected for the county a fee for collecting the mandatory

payment in an amount determined by the commissioners court of

the county, not to exceed the county tax assessor-collector's

usual and customary charges.

(a)

Except as provided by Subsection (b), the county

assessor-collector

(b)

under
shall

If

shall

this

chapter.

charge

determined

and

by

The

deduct

the

mandatory

county

from

may

assessor-

mandatory

commissioners
court

tax

payment

payments

court

contract

to
for

be

appropriate,

11

assessment and collection of mandatory payments in the manner

12

provided by Title 1, Tax Code, for the assessment and collection

13

of ad valorem taxes.
(c)

commissioners

the

10

14

the

collect

the

Revenue from a fee charged by a county tax assessor-

15

collector

16

deposited in the county general fund and, if appropriate, shall

17

be reported as fees of the county tax assessor-collector.

18

for

collecting

Sec. 294.153.

INTEREST,

PENALTIES,
on

AND

shall

be

DISCOUNTS.

20

required under this chapter are governed by the law applicable

21

to county ad valorem taxes.

mandatory

payments

PURPOSE; CORRECTION OF INVALID PROVISION OR

23

PROCEDURE.

24

revenue by collecting from institutional health care providers a

25

mandatory payment to be used to provide the nonfederal share of

26

a Medicaid supplemental payment program.

27

(b)

(a)

discounts

payment

Interest,

Sec. 294.154.

and

mandatory

19

22

penalties,

the

The purpose of this chapter is to generate

To the extent any provision or procedure under this


30

15.145.3 TJB

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.

6
7
8

SECTION 14.

Subtitle D, Title 4, Health and Safety Code,

is amended by adding Chapter 296 to read as follows:


CHAPTER 296.

PROGRAM IN CERTAIN COUNTIES

10

SUBCHAPTER A.

11

Sec. 296.001.

12

(1)

13

COUNTY HEALTH CARE PROVIDER PARTICIPATION

GENERAL PROVISIONS

DEFINITIONS.

"Institutional

In this chapter:

health

care

provider"

means

nonpublic hospital that provides inpatient hospital services.

14

(2)

"Paying hospital" means an institutional health

15

care provider required to make a mandatory payment under this

16

chapter.

17
18
19
20

(3)

"Program" means the county health care provider

participation program authorized by this chapter.


Sec. 296.002.

APPLICABILITY.

This chapter applies only to

a county that:

21

(1)

22

hospital; and

23

(2)

is not served by a hospital district or a public

has

population

of

less

than

200,000

and

24

contains two municipalities both with populations of 75,000 or

25

more.

26
27

Sec. 296.003.

COUNTY

HEALTH

PROGRAM; PARTICIPATION IN PROGRAM.


31

CARE
(a)

PROVIDER

PARTICIPATION

A county health care


15.145.3 TJB

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located

participation fund established by the county.

may be used by

transfers

chapter.

(b)

9
10

in

the

and

county

to

be

deposited

in

local

provider

Money in the fund

the county to fund certain intergovernmental


indigent

care

programs

as

provided

by

this

The commissioners court may adopt an order authorizing

county

to

participate

in

the

program,

subject

to

the

limitations provided by this chapter.

11

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONERS COURT

12

Sec. 296.051.

LIMITATION ON AUTHORITY TO REQUIRE MANDATORY

13

PAYMENT.

14

mandatory

15

institutional health care provider in the county only in the

16

manner provided by this chapter.

17

The commissioners court of a county may require a


payment

authorized

Sec. 296.052.

under

this

MAJORITY VOTE REQUIRED.

chapter

by

an

The commissioners

18

court of a county may not authorize the county to collect a

19

mandatory

20

affirmative

21

commissioners court.

22

payment
vote

Sec. 296.053.

authorized
of

RULES

under

majority

AND

this
of

chapter

the

without

members

PROCEDURES.

an

of

After

the

the

23

commissioners court has voted to require a mandatory payment

24

authorized under this chapter, the commissioners court may adopt

25

rules relating to the administration of the mandatory payment.

26
27

Sec. 296.054.

INSTITUTIONAL

REPORTING; INSPECTION OF RECORDS.


32

HEALTH
(a)

CARE

PROVIDER

The commissioners court


15.145.3 TJB

of a county that collects a mandatory payment authorized under

this

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.

chapter

(b)

shall

require

each

institutional

health

care

The commissioners court of a county that collects a

mandatory payment authorized under this chapter may inspect the

10

records of an institutional health care provider to the extent

11

necessary

12

Subsection (a).

13

to

ensure

SUBCHAPTER C.

14

Sec. 296.101.

compliance

with

the

requirements

of

GENERAL FINANCIAL PROVISIONS

HEARING.

(a)

Each year, the commissioners

15

court of a county that collects a mandatory payment authorized

16

under this chapter shall hold a public hearing on the amounts of

17

any mandatory payments that the commissioners court intends to

18

require during the year and how the revenue derived from those

19

payments is to be spent.

20

(b)

Not later than the 10th day before the date of the

21

hearing required under Subsection (a), the commissioners court

22

of the county shall publish notice of the hearing in a newspaper

23

of general circulation in the county.

24

(c)

A representative of a paying hospital is entitled to

25

appear at the time and place designated in the public notice and

26

to

27

payments authorized under this chapter.

be

heard

regarding

any

matter

33

related

to

the

mandatory

15.145.3 TJB

Sec. 296.102.

DEPOSITORY.

(a)

The commissioners court of

each county that collects a mandatory payment authorized under

this chapter by resolution shall designate one or more banks

located in the county as the depository for mandatory payments

received

serves for two years or until a successor is designated.

(b)

by

the

county.

bank

designated

as

depository

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

10

deducted, shall be deposited with the county depository in the

11

county's local provider participation fund and may be withdrawn

12

only as provided by this chapter.

13
14
15

(c)

All funds under this chapter shall be secured in the

manner provided for securing county funds.


Sec. 296.103.

LOCAL

PROVIDER

FUND;

16

AUTHORIZED USES OF MONEY.

17

mandatory payment authorized under this chapter shall create a

18

local provider participation fund.

19

(b)

20

consists of:

21

The

(1)

local

provider

(a)

PARTICIPATION

Each county that collects a

participation

fund

of

county

all revenue received by the county attributable

22

to mandatory payments authorized under this chapter, including

23

any penalties and interest attributable to delinquent payments;

24

(2)

money received from the Health and Human Services

25

Commission as a refund of an intergovernmental transfer from the

26

county to the state for the purpose of providing the nonfederal

27

share

of

Medicaid

supplemental
34

payment

program

payments,

15.145.3 TJB

provided that the intergovernmental transfer does not receive a

federal matching payment; and

(3)

4
5

(c)

the earnings of the fund.

Money deposited to the local provider participation

fund may be used only to:

(1)
the

fund intergovernmental transfers from the county

to

state

supplemental payment program authorized under the state Medicaid

plan,

the

to

provide

Texas

the

Healthcare

10

Improvement

Program

11

federal

12

successor

13

supplemental payment programs;

Social

nonfederal

waiver

Security

waiver

program

(42

and

Quality
of

1115

U.S.C.

Section

1315),

authorizing

subsidize indigent programs;

15

(3)

pay

administrative

similar

expenses

of

the

or

Medicaid

the

county

solely for activities under this chapter;

17
18

Medicaid

Section

(2)

16

under

14

the

of

Transformation

issued

Act

share

(4)

refund a portion of a mandatory payment collected

in error from a paying hospital; and

19

(5)

refund

to

paying

hospitals

the

proportionate

20

share of money received by the county from the Health and Human

21

Services Commission that is not used to fund the nonfederal

22

share of Medicaid supplemental payment program payments.

23
24
25

(d)

Money in the local provider participation fund may not

be commingled with other county funds.


(e)

An intergovernmental transfer of funds described by

26

Subsection (c)(1) and any funds received by the county as a

27

result

of

an

intergovernmental
35

transfer

described

by

that

15.145.3 TJB

subsection may not be used by the county or any other entity to

expand

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).

Medicaid

eligibility

under

SUBCHAPTER D.

Sec. 296.151.

the

Patient

Protection

and

MANDATORY PAYMENTS

MANDATORY PAYMENTS BASED ON PAYING HOSPITAL

NET PATIENT REVENUE.

the commissioners court of a county that collects a mandatory

Except as provided by Subsection (e),

10

payment

11

mandatory payment to be assessed on the net patient revenue of

12

each institutional health care provider located in the county.

13

The commissioners court may provide for the mandatory payment to

14

be assessed quarterly.

15

payment is required, the mandatory payment is assessed on the

16

net patient revenue of an institutional health care provider as

17

determined

18

Health Services under Sections 311.032 and 311.033 in the fiscal

19

year

20

provider did not report any data under those sections in that

21

fiscal

22

provider's Medicare cost report submitted for the 2013 fiscal

23

year or for the closest subsequent fiscal year for which the

24

provider submitted the Medicare cost report.

25

update the amount of the mandatory payment on an annual basis.

26
27

authorized

(a)

by

ending

year,

(b)

The

the

in

as

under

reported

or,

determined

amount

chapter

may

require

an

annual

In the first year in which the mandatory

data

2013

this

of

if

to

the

by

the

mandatory

the

Department

institutional

institutional

payment

of

health

health

State

care

care

The county shall

authorized

under

this chapter must be uniformly proportionate with the amount of


36

15.145.3 TJB

net patient revenue generated by each paying hospital in the

county.

not hold harmless any institutional health care provider, as

required under 42 U.S.C. Section 1396b(w).

A mandatory payment authorized under this chapter may

(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

hospital

amount that, when added to the amount of the mandatory payments

10

required from all other paying hospitals in the county, equals

11

an amount of revenue that exceeds six percent of the aggregate

12

net patient revenue of all paying hospitals in the county.

13

required

(d)

of

each

paying

may

not

exceed

an

Subject to the maximum amount prescribed by Subsection

14

(c),

15

mandatory payment authorized under this chapter shall set the

16

mandatory

17

generate sufficient revenue to cover the administrative expenses

18

of the county for activities under this chapter, to fund an

19

intergovernmental transfer described by Section 296.103(c)(1),

20

and to pay for indigent programs, except that the amount of

21

revenue from mandatory payments used for administrative expenses

22

of the county for activities under this chapter in a year may

23

not

24

generated from the mandatory payment or $20,000.

25
26
27

the

commissioners

payments

exceed

(e)

the

in

lesser

paying

court

of

amounts

of

that

four

hospital

county

in

percent

may

not

add

that

the

of

the

collects

aggregate

will

total

revenue

mandatory

payment

required under this section as a surcharge to a patient.


Sec. 296.152.

ASSESSMENT

AND
37

COLLECTION

OF

MANDATORY

15.145.3 TJB

PAYMENTS.

tax

authorized

collector

collected for the county a fee for collecting the mandatory

payment in an amount determined by the commissioners court of

the county, not to exceed the county tax assessor-collector's

usual and customary charges.

(a)

Except as provided by Subsection (b), the county

assessor-collector

(b)

under
shall

If

shall

this

chapter.

charge

determined

and

by

The

deduct

the

mandatory

county

from

may

assessor-

mandatory

commissioners
court

tax

payment

payments

court

contract

to
for

be

appropriate,

11

assessment and collection of mandatory payments in the manner

12

provided by Title 1, Tax Code, for the assessment and collection

13

of ad valorem taxes.
(c)

commissioners

the

10

14

the

collect

the

Revenue from a fee charged by a county tax assessor-

15

collector

16

deposited in the county general fund and, if appropriate, shall

17

be reported as fees of the county tax assessor-collector.

18

for

collecting

Sec. 296.153.

INTEREST,

PENALTIES,
on

AND

shall

be

DISCOUNTS.

20

required under this chapter are governed by the law applicable

21

to county ad valorem taxes.

mandatory

payments

PURPOSE; CORRECTION OF INVALID PROVISION OR

23

PROCEDURE.

24

revenue by collecting from institutional health care providers a

25

mandatory payment to be used to provide the nonfederal share of

26

a Medicaid supplemental payment program.

27

(b)

(a)

discounts

payment

Interest,

Sec. 296.154.

and

mandatory

19

22

penalties,

the

The purpose of this chapter is to generate

To the extent any provision or procedure under this


38

15.145.3 TJB

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.

6
7
8

SECTION 15.

Subtitle D, Title 4, Health and Safety Code,

is amended by adding Chapter 297 to read as follows:


CHAPTER 297.

COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM

IN CERTAIN COUNTIES CONTAINING A MILITARY BASE

10

SUBCHAPTER A.

11

Sec. 297.001.

12

(1)

13

GENERAL PROVISIONS

DEFINITIONS.

"Institutional

In this chapter:

health

care

provider"

means

nonpublic hospital licensed under Chapter 241.

14

(2)

"Paying hospital" means an institutional health

15

care provider required to make a mandatory payment under this

16

chapter.

17
18
19
20
21
22
23
24

(3)

"Program" means the county health care provider

participation program authorized by this chapter.


Sec. 297.002.

This chapter applies only to

a county:
(1)

that is not served by a hospital district or a

public hospital;
(2)

on which a military base with more than 30,000

military personnel is partially located; and

25

(3)

26

Sec. 297.003.

27

APPLICABILITY.

that has a population of more than 300,000.


COUNTY

HEALTH

PROGRAM; PARTICIPATION IN PROGRAM.


39

CARE
(a)

PROVIDER

PARTICIPATION

A county health care


15.145.3 TJB

provider participation program authorizes a county to collect a

mandatory payment from each institutional health care provider

located

participation fund established by the county.

may be used by the county to fund certain intergovernmental

transfers

chapter.

(b)

9
10

in

the

and

county

to

indigent

be

deposited

care

programs

in

as

local

provider

Money in the fund

provided

by

this

The commissioners court may adopt an order authorizing

county

to

participate

in

the

program,

subject

to

the

limitations provided by this chapter.

11

SUBCHAPTER B.

POWERS AND DUTIES OF COMMISSIONERS COURT

12

Sec. 297.051.

LIMITATION ON AUTHORITY TO REQUIRE MANDATORY

13

PAYMENT.

14

mandatory

15

institutional health care provider in the county only in the

16

manner provided by this chapter.

17

The commissioners court of a county may require a


payment

authorized

Sec. 297.052.

under

this

MAJORITY VOTE REQUIRED.

chapter

by

an

The commissioners

18

court of a county may not authorize the county to collect a

19

mandatory

20

affirmative

21

commissioners court.

22

payment
vote

Sec. 297.053.

authorized
of

RULES

under

majority

AND

this
of

chapter

the

without

members

PROCEDURES.

an

of

After

the

the

23

commissioners court has voted to require a mandatory payment

24

authorized under this chapter, the commissioners court may adopt

25

rules relating to the administration of the mandatory payment.

26
27

Sec. 297.054.

INSTITUTIONAL

REPORTING; INSPECTION OF RECORDS.


40

HEALTH
(a)

CARE

PROVIDER

The commissioners court


15.145.3 TJB

of a county that collects a mandatory payment authorized under

this

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.

chapter

(b)

shall

require

each

institutional

health

care

The commissioners court of a county that collects a

mandatory payment authorized under this chapter may inspect the

10

records of an institutional health care provider to the extent

11

necessary

12

Subsection (a).

13

to

ensure

SUBCHAPTER C.

14

Sec. 297.101.

compliance

with

the

requirements

of

GENERAL FINANCIAL PROVISIONS

HEARING.

(a)

Each year, the commissioners

15

court of a county that collects a mandatory payment authorized

16

under this chapter shall hold a public hearing on the amounts of

17

any mandatory payments that the commissioners court intends to

18

require during the year and how the revenue derived from those

19

payments is to be spent.

20

(b)

Not later than the 10th day before the date of the

21

hearing required under Subsection (a), the commissioners court

22

of the county shall publish notice of the hearing in a newspaper

23

of general circulation in the county.

24

(c)

A representative of a paying hospital is entitled to

25

appear at the time and place designated in the public notice and

26

to

27

payments authorized under this chapter.

be

heard

regarding

any

matter

41

related

to

the

mandatory

15.145.3 TJB

Sec. 297.102.

DEPOSITORY.

(a)

The commissioners court of

each county that collects a mandatory payment authorized under

this chapter by resolution shall designate one or more banks

located in the county as the depository for mandatory payments

received

serves for two years or until a successor is designated.

(b)

by

the

county.

bank

designated

as

depository

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

10

deducted, shall be deposited with the county depository in the

11

county's local provider participation fund and may be withdrawn

12

only as provided by this chapter.

13
14
15

(c)

All funds under this chapter shall be secured in the

manner provided for securing county funds.


Sec. 297.103.

LOCAL

PROVIDER

FUND;

16

AUTHORIZED USES OF MONEY.

17

mandatory payment authorized under this chapter shall create a

18

local provider participation fund.

19

(b)

20

consists of:

21

The

(1)

local

provider

(a)

PARTICIPATION

Each county that collects a

participation

fund

of

county

all revenue received by the county attributable

22

to mandatory payments authorized under this chapter, including

23

any penalties and interest attributable to delinquent payments;

24

(2)

money received from the Health and Human Services

25

Commission as a refund of an intergovernmental transfer from the

26

county to the state for the purpose of providing the nonfederal

27

share

of

Medicaid

supplemental
42

payment

program

payments,

15.145.3 TJB

provided that the intergovernmental transfer does not receive a

federal matching payment; and

(3)

4
5

(c)

the earnings of the fund.

Money deposited to the local provider participation

fund may be used only to:

(1)
the

fund intergovernmental transfers from the county

to

state

supplemental payment program authorized under the state Medicaid

plan,

the

to

provide

Texas

the

Healthcare

10

Improvement

Program

11

federal

12

successor

13

supplemental payment programs;

Social

nonfederal

waiver

Security

waiver

program

(42

and

Quality
of

1115

U.S.C.

Section

1315),

authorizing

subsidize indigent programs;

15

(3)

pay

administrative

similar

expenses

of

the

or

Medicaid

the

county

solely for activities under this chapter;

17
18

Medicaid

Section

(2)

16

under

14

the

of

Transformation

issued

Act

share

(4)

refund a portion of a mandatory payment collected

in error from a paying hospital; and

19

(5)

refund

to

paying

hospitals

the

proportionate

20

share of money received by the county from the Health and Human

21

Services Commission that is not used to fund the nonfederal

22

share of Medicaid supplemental payment program payments.

23
24
25

(d)

Money in the local provider participation fund may not

be commingled with other county funds.


(e)

An intergovernmental transfer of funds described by

26

Subsection (c)(1) and any funds received by the county as a

27

result

of

an

intergovernmental
43

transfer

described

by

that

15.145.3 TJB

subsection may not be used by the county or any other entity to

expand

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).

Medicaid

6
7

eligibility

under

SUBCHAPTER D.
Sec. 297.151.

the

Patient

Protection

and

MANDATORY PAYMENTS

MANDATORY PAYMENTS BASED ON PAYING HOSPITAL

NET PATIENT REVENUE.

the commissioners court of a county that collects a mandatory

Except as provided by Subsection (e),

10

payment

11

mandatory payment to be assessed quarterly on the net patient

12

revenue of each institutional health care provider located in

13

the county.

14

required, the mandatory payment is assessed on the net patient

15

revenue of an institutional health care provider as determined

16

by the data reported to the Department of State Health Services

17

under Sections 311.032 and 311.033 in the fiscal year ending in

18

2013. The county may update the amount of the mandatory payment

19

on an annual basis based on data reported to the Department of

20

State Health Services in a more recent fiscal year.

21

(b)

authorized

(a)

The

under

this

chapter

may

require

an

annual

In the first year in which the mandatory payment is

amount

of

mandatory

payment

authorized

under

22

this chapter must be uniformly proportionate with the amount of

23

net patient revenue generated by each paying hospital in the

24

county.

25

not hold harmless any institutional health care provider, as

26

required under 42 U.S.C. Section 1396b(w).

27

(c)

A mandatory payment authorized under this chapter may

The commissioners court of a county that collects a


44

15.145.3 TJB

mandatory payment authorized under this chapter shall set the

amount of the mandatory payment.

The amount of the mandatory

payment

hospital

amount that, when added to the amount of the mandatory payments

required from all other paying hospitals in the county, equals

an amount of revenue that exceeds six percent of the aggregate

net patient revenue of all paying hospitals in the county.

8
9

required

(d)
(c),

of

each

paying

may

not

exceed

an

Subject to the maximum amount prescribed by Subsection

the

commissioners

court

of

county

that

collects

10

mandatory payment authorized under this chapter shall set the

11

mandatory

12

generate sufficient revenue to cover the administrative expenses

13

of the county for activities under this chapter, to fund the

14

nonfederal share of a Medicaid supplemental payment program, and

15

to pay for indigent programs, except that the amount of revenue

16

from mandatory payments used for administrative expenses of the

17

county

18

exceed the lesser of four percent of the total revenue generated

19

from the mandatory payment or $20,000.

20
21

payments

for

(e)

in

activities

paying

amounts

under

hospital

that

this

may

in

the

chapter

not

add

in

aggregate

year

may

mandatory

will

not

payment

required under this section as a surcharge to a patient.

22

Sec. 297.152.
(a)

ASSESSMENT

AND

COLLECTION

OF

MANDATORY

23

PAYMENTS.

Except as provided by Subsection (b), the county

24

tax

25

authorized

26

collector

27

collected for the county a fee

for collecting the mandatory

45

15.145.3 TJB

assessor-collector
under
shall

this
charge

shall

collect

chapter.
and

the

The

deduct

mandatory

county

from

tax

mandatory

payment
assessorpayments

payment in an amount determined by the commissioners court of

the county, not to exceed the county tax assessor-collector's

usual and customary charges.

(b)

appropriate,

assessment and collection of mandatory payments in the manner

provided by Title 1, Tax Code, for the assessment and collection

of ad valorem taxes.

(c)

If

determined
the

by

the

commissioners

commissioners
court

may

court

contract

to
for

be
the

Revenue from a fee charged by a county tax assessor-

10

collector

11

deposited in the county general fund and, if appropriate, shall

12

be reported as fees of the county tax assessor-collector.

13

for

collecting

Sec. 297.153.

INTEREST,

PENALTIES,
on

AND

shall

be

DISCOUNTS.

15

required under this chapter are governed by the law applicable

16

to county ad valorem taxes.

mandatory

payments

PURPOSE; CORRECTION OF INVALID PROVISION OR

18

PROCEDURE.

19

revenue by collecting from institutional health care providers a

20

mandatory payment to be used to provide the nonfederal share of

21

a Medicaid supplemental payment program.

22

(b)

(a)

discounts

payment

Interest,

Sec. 297.154.

and

mandatory

14

17

penalties,

the

The purpose of this chapter is to generate

To the extent any provision or procedure under this

23

chapter causes a mandatory payment authorized under this chapter

24

to be ineligible for federal matching funds, the county may

25

provide by rule for an alternative provision or procedure that

26

conforms to the requirements of the federal Centers for Medicare

27

and Medicaid Services.


46

15.145.3 TJB

1
2
3
4

SECTION 16.

(b)

and

(c),

Health

and

This

section

applies

only

to

district

located

[wholly in a county]:
(1)

wholly or partly in a county with a population of

more than three million;

7
8

775.0355(b)

Safety Code, are amended to read as follows:

5
6

Sections

(2)

wholly in a county with a population of more than

200,000 that borders Lake Palestine; or

(3)

wholly in a county with a population of less than

10

200,000 that borders another state and the Gulf Intracoastal

11

Waterway.

12
13

(c)

services commissioner if that person:

14
15

A person is disqualified from serving as an emergency

(1)

is related within the third degree of affinity or

consanguinity to:

16

(A)

a person providing professional services to

18

(B)

a commissioner of the same district; or

19

(C)

a person who is an employee or volunteer of

17

the district;

20

an emergency services organization providing emergency services

21

to the district unless the emergency services are provided under

22

a mutual aid agreement under Chapter 418, Government Code;

23

(2)

is

an

24

district,

25

services to the district;

26
27

architect

attorney,

employee
or

of

other

(3)

is

serving

or

in

some

as

other

commissioner

person

an

providing

attorney,

professional
47

of

the

same

professional

consultant,

capacity

for

or
the

15.145.3 TJB

district

emergency services to the district; or

3
4
5

or

(4)

an

emergency

services

organization

providing

fails to maintain the qualifications required by

law to serve as a commissioner.


SECTION 17.

Effective September 1, 2015, Section 775.0821,

Health and Safety Code, is amended by amending Subsection (a)

and adding Subsection (e) to read as follows:

8
9

(a)

This

section

applies

only

to

district

to

which

Section 775.082 applies that:

10

(1)

11

valorem

12

valorem taxes having a term of more than one year during the

13

previous fiscal year;

14

taxes

did not have any outstanding bonds secured by ad

(2)

or

any

outstanding

liabilities

secured

by

ad

did not receive more than a total of $250,000 in

15

gross receipts from operations, loans, taxes, or contributions

16

during the previous fiscal year; and

17
18
19

(3)

did not have a total of more than $250,000 in

cash and temporary investments during the previous fiscal year.


(e)

A district that files compiled financial statements in

20

accordance with Subsection (b) and that maintains an Internet

21

website shall have posted on the district's website the compiled

22

financial statements for the most recent three years.

23

SECTION 18.

Effective September 1, 2015, Section 1001.201,

24

Health and Safety Code, as added by Chapter 1306 (H.B. 3793),

25

Acts of the 83rd Legislature, Regular Session, 2013, is amended

26

by adding Subdivisions (4) and (5) to read as follows:

27

(4)

"School

district
48

employee"

means

principal,
15.145.3 TJB

assistant principal, educator, teacher's aide, counselor, nurse,

or school bus driver employed by a school district.

3
4
5

(5)

"School

resource

officer"

has

the

meaning

assigned by Section 1701.601, Occupations Code.


SECTION 19.

Effective

September

1,

2015,

Sections

1001.203(a) and (c), Health and Safety Code, as added by Chapter

1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session,

2013, are amended to read as follows:

(a)

To the extent funds are appropriated to the department

10

for that purpose, the department shall make grants to local

11

mental health authorities to provide an approved mental health

12

first aid training program, administered by mental health first

13

aid trainers, at no cost to school district employees and school

14

resource officers [educators].

15

(c)

Subject to the limit provided by Subsection (b), out

16

of the funds appropriated to the department for making grants

17

under this section, the department shall grant $100 to a local

18

mental health authority for each school district employee or

19

school resource officer [educator] who successfully completes a

20

mental

21

authority under this section.

22

health

SECTION 20.

first

aid

training

program

provided

by

the

Effective September 1, 2015, Section 1001.205,

23

Health and Safety Code, as added by Chapter 1306 (H.B. 3793),

24

Acts of the 83rd Legislature, Regular Session, 2013, is amended

25

to read as follows:

26

Sec. 1001.205.

27

REPORTS.

(a)

Not

later

than

August

31

[July 1] of each year, a local mental health authority shall


49

15.145.3 TJB

provide to the department the number of:

(1)

employees and contractors of the authority who

were trained as mental health first aid trainers under Section

1001.202 during the preceding calendar year;

(2)

educators, school district employees other than

educators, and school resource officers who completed a mental

health first aid training program offered by the authority under

Section 1001.203 during the preceding calendar year; and

(3)

individuals who are not school district employees

10

or school resource officers [educators] who completed a mental

11

health

12

during the preceding calendar year.

13

first

(b)

aid

training

program

offered

by

the

authority

Not later than September 30 [August 1] of each year,

14

the department shall compile the information submitted by local

15

mental

16

submit a report to the legislature containing the number of:

17

health

(1)

authorities

authority

as

required

employees

and

by

Subsection

contractors

(a)

trained

and

as

18

mental health first aid trainers during the preceding calendar

19

year;

20

(2)

educators, school district employees other than

21

educators, and school resource officers who completed a mental

22

health

23

during the preceding calendar year; and

24

first

(3)

aid

training

program

provided

by

an

authority

individuals who are not school district employees

25

or school resource officers [educators] who completed a mental

26

health

27

during the preceding calendar year.

first

aid

training

program

50

provided

by

an

authority

15.145.3 TJB

SECTION 21.

Effective

September

1,

2015,

Subchapter

B,

Chapter 32, Human Resources Code, is amended by adding Section

32.0264 to read as follows:

Sec. 32.0264.

SUSPENSION,

TERMINATION,

AND

AUTOMATIC

REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY

JAILS.

operated

accused or convicted of an offense.

(a)

(b)

In

by

this

or

for

section,

"county

for

county

jail"

the

means

confinement

facility

of

persons

If an individual is confined in a county jail because

10

the individual has been charged with but not convicted of an

11

offense,

12

eligibility

13

individual is confined in the county jail.

14

(c)

the

commission

for

shall

medical

suspend

assistance

the

during

individual's

the

period

the

If an individual is confined in a county jail because

15

the individual has been convicted of an offense, the commission

16

shall, as appropriate:

17

(1)

18

medical assistance; or

19

(2)

20
21

terminate

the

individual's

eligibility

for

suspend the individual's eligibility during the

period the individual is confined in the county jail.


(d)

Not

later

than

48

hours

after

the

commission

is

22

notified of the release from a county jail of an individual

23

whose

24

under

25

individual's eligibility, provided the individual's eligibility

26

certification

27

reinstatement,

eligibility
this

for

section,

period
the

medical
the

has

assistance

commission

not

individual
51

has

shall

elapsed.
remains

been

suspended

reinstate

Following

eligible

until

the

the
the

15.145.3 TJB

expiration of the period for which the individual was certified

as eligible.

3
4
5

SECTION 22.

Section

118.018,

Local

Government

Code,

is

amended by adding Subsection (d) to read as follows:


(d)

If a state agency determines that a marriage license

fee was collected for a marriage license that is associated with

a union other than a union between one man and one woman, the

county

comptroller shall deposit funds remitted under this subsection

10
11
12
13

clerk

shall

remit

$30

to

the

comptroller.

The

into the general revenue fund.


SECTION 23.

Section

118.019,

Local

Government

Code,

is

amended to read as follows:


Sec. 118.019.

DECLARATION OF INFORMAL MARRIAGE.

(a)

The

14

fee for "Declaration of Informal Marriage" under Section 118.011

15

is for all services rendered in connection with the execution of

16

a declaration of informal marriage under Section 2.402 [1.92],

17

Family Code.

18

is rendered.

19

(b)

20

informal

21

informal marriage that is associated with a union other than a

22

union between one man and one woman, the county clerk shall

23

remit $12.50 to the comptroller.

24

funds remitted under this subsection into the general revenue

25

fund.

26
27

The fee shall be collected at the time the service

If a state agency determines that a declaration of


marriage

SECTION 24.

fee

was

collected

for

declaration

of

The comptroller shall deposit

Effective September 1, 2015, Section 263.152,

Local Government Code, is amended by adding Subsection (c) to


52

15.145.3 TJB

read as follows:

(c)

Disposal under Subsection (a)(3) may be accomplished

through

collected, separated, or processed and returned to use in the

form of raw materials in the production of new products.

recycling

SECTION 25.

program

Effective

under

which

September

1,

the

2015,

property

Subchapter

is

C,

Chapter 351, Local Government Code, is amended by adding Section

351.046 to read as follows:

Sec. 351.046.

NOTICE

10

(a)

11

Services Commission:

TO

CERTAIN

GOVERNMENTAL

ENTITIES.

The sheriff of a county may notify the Health and Human

12

(1)

on

the

confinement

in

the

county

jail

of

an

13

individual who is receiving medical assistance benefits under

14

Chapter 32, Human Resources Code; and

15

(2)

16

before

17

receiving medical assistance benefits.

18

the

on the conviction of a prisoner who, immediately

(b)

prisoner's

confinement

in

the

county

jail,

was

If the sheriff of a county chooses to provide the

19

notices described by Subsection (a), the sheriff shall provide

20

the notices electronically or by other appropriate means as soon

21

as possible and not later than the 30th day after the date of

22

the

23

applicable.

24

individual's

(c)

25
of

the

27

before

or

prisoner's

conviction,

as

The sheriff of a county may notify:


(1)

26

confinement

the United States Social Security Administration

release
the

or

discharge

prisoner's

of

confinement
53

prisoner
in

the

who,
county

immediately
jail,

was

15.145.3 TJB

receiving:

2
3

(A)

under 42 U.S.C. Section 1381 et seq.; or

4
5

Supplemental Security Income (SSI) benefits

(B)

Social Security Disability Insurance (SSDI)

benefits under 42 U.S.C. Section 401 et seq.; and

(2)

the Health and Human Services Commission of the

release or discharge of a prisoner who, immediately before the

prisoner's confinement in the county jail, was receiving medical

assistance benefits.

10

(d)

If the sheriff of a county chooses to provide the

11

notices described by Subsection (c), the sheriff shall provide

12

the notices electronically or by other appropriate means not

13

later than 48 hours after the prisoner's release or discharge

14

from custody.

15

(e)

If the sheriff of a county chooses to provide the

16

notices

17

prisoner's release or discharge, the sheriff shall provide the

18

prisoner with a written copy of each applicable notice and a

19

phone number at which the prisoner may contact the Health and

20

Human

21

assistance

22

eligibility for medical assistance benefits, if applicable.

23

described

Services

(f)

by

Commission

relating

The
a

Health
means

Subsection

by

to

(c),

at

regarding

Human

of

Services

individual's

Commission

individual

27

appropriate, receiving medical assistance benefits under Chapter


54

is

county,

shall

26

jail

or

employee of the county or sheriff, may determine whether an


county

of

of

25

the

sheriff

the

the

establish

in

the

of

24

confined

which

time

confirmation

reinstatement

and

the

or

or

was,

an

as

15.145.3 TJB

32, Human Resources Code, for purposes of this section.

(g)

The county or sheriff, or an employee of the county or

sheriff, is not liable in a civil action for damages resulting

from a failure to comply with this section.

5
6

SECTION 26.

Section 501.106(b), Local Government Code, is

amended to read as follows:

(b)

For a corporation to which this section applies, in

this

subtitle,

facilities, infrastructure, and improvements that:

10

(1)

"project"

includes

the

land,

buildings,

the corporation's board of directors finds are

11

required or suitable for the development or promotion of new or

12

expanded business enterprises through transportation facilities

13

including

14

facilities, maintenance and repair facilities, cargo facilities,

15

marine ports, inland ports, mass commuting facilities, parking

16

facilities, and related infrastructure located on or adjacent to

17

an

18

facilities]; or

airports,

airport

19

(2)

or

are

railport

municipality

21

has,

22

provided by this subtitle:

the

time

authorized
the

railports,

facility

undertaken

20

at

that

hangars,

by
the

[expansion

the

switching

of

corporation

creation

corporation

rail

of

approves

the

project

a population of less than 50,000; or

24

(B)

an

of

the

corporation

(A)

rate

if

the

23

average

airport

unemployment

that

as

is

25

greater than the state average rate of unemployment during the

26

most recent 12-month period for which data is available that

27

precedes the date the project is approved.


55

15.145.3 TJB

1
2

SECTION 27.

amended to read as follows:

3
4

Section 501.160(d), Local Government Code, is

(d)

A corporation has all the powers necessary to own and

operate a project as a business if:

(1)

the

project

is

military

installation

or

military facility that has been closed or realigned, including a

military installation or facility closed or realigned under the

Defense Base Closure and Realignment Act of 1990 (10 U.S.C.

Section 2687 note), as amended; or

10

(2)

11
12

the project is authorized under Section 501.106.

SECTION 28.

Effective September 1, 2015, Section 52.025,

Natural Resources Code, is amended to read as follows:

13

Sec. 52.025.

15

credit

16

unsurveyed

17

received from other areas and shall credit the General Revenue

18

Fund with the remaining one-third of the payments for the other

19

areas.
(b)

To

Subsection

permanent
school

the

school

land

and

extent

(b),

the

fund
with

[The]

Except

as

the

by

(a)

14

20

provided

DISPOSITION OF LEASE PAYMENTS.

with

comptroller

amounts

two-thirds

permissible

shall

received
of

under

the

the

from

amount

Texas

21

Constitution, the comptroller shall remit to a county the amount

22

received from land owned in fee simple by the county.

23

remitted to a county under this section shall be deposited to

24

the credit of the county road and bridge fund of the county and

25

may be used by the county only for road maintenance purposes.

26
27

SECTION 29.

Money

Subchapter E, Chapter 1054, Special District

Local Laws Code, is amended by adding Section 1054.2025 to read


56

15.145.3 TJB

1
2

as follows:
Sec. 1054.2025.

GENERAL

OBLIGATION

BOND

ELECTION.

(a)

The district may issue general obligation bonds only if the

bonds are authorized by a majority of the district voters voting

at an election held for that purpose.

6
7

(b)

The

order

calling

the

election

shall

provide

for

clerks as in county elections and must specify:

(1)

the date of the election;

(2)

the location of the polling places;

10

(3)

the presiding and alternate election judges for

11

each polling place;

12

(4)

the amount of the bonds to be authorized;

13

(5)

the maximum interest rate of the bonds; and

14

(6)

the maximum maturity of the bonds.

15
16
17

(c)

Notice of a bond election shall be given as provided

by Section 1251.003, Government Code.


SECTION 30.

Effective

January

1,

2016,

Section

11.1825,

18

Tax Code, is amended by amending Subsections (s) and (v) and

19

adding Subsection (z) to read as follows:

20

(s)

Unless otherwise provided by the governing body of a

21

taxing unit any part of which is located in a county with a

22

population of at least 1.8 million under Subsection (x) or as

23

provided by Subsection (z), for property described by Subsection

24

(f)(1), the amount of the exemption under this section

25

taxation is 50 percent of the appraised value of the property.

26
27

(v)

from

Except as provided by Subsection (z), notwithstanding

[Notwithstanding]

any

other

provision
57

of

this

section,

an

15.145.3 TJB

organization

property described by Subsection (f)(1) by a taxing unit any

part of which is located in a county with a population of at

least

governing body of the taxing unit in the manner provided by law

for official action.

1.8

(z)

may

not

million

receive

unless

an

the

exemption

exemption

from

is

taxation

approved

by

of

the

Notwithstanding any other provision of this section,

an owner of real property described by Subsection (f)(1) or (2)

is entitled to an exemption under this section from taxation of

10

100 percent of the appraised value of the property regardless of

11

whether the owner meets the requirements of Subsection (b) or of

12

Subsections (c) and (d) if:

13

(1)

the owner is exempt from federal income taxation

14

under Section 501(a), Internal Revenue Code of 1986, by being

15

listed as an exempt entity under Section 501(c)(3) of that code

16

and

17

property under this section;

18

the

owner

(2)

otherwise

the

qualifies

property

was

for

an

previously

exemption

for

owned

by

the

local

19

government corporation created by a municipality under Chapter

20

431, Transportation Code, or Chapter 394, Local Government Code,

21

or a predecessor statute for purposes that include promoting,

22

developing, encouraging, and maintaining affordable housing in a

23

tax

24

municipality under Chapter 311; and

25
26
27

increment

(3)

financing

the

reinvestment

property

is

zone

located

in

created

county

by

the

with

population of at least four million.


SECTION 31.

Effective

September
58

1,

2015,

Subchapter

A,

15.145.3 TJB

Chapter 311, Transportation Code, is amended by adding Section

311.009 to read as follows:

Sec. 311.009.

CERTAIN MUNICIPALITIES.

municipality with a population of more than 10,000 but less than

25,000 that has land area of less than four square miles and is

located wholly within a county that has a population of more

than 2.3 million and a total area of less than 1,000 square

miles.

10

(b)

If

not

COUNTY

REQUEST

FOR

CLOSING

OF

ALLEY

IN

(a) This section applies only to a

otherwise

restricted

by

county,

11

municipality that receives a request for the abandonment of an

12

alley located in any portion of the county shall, not later than

13

the 30th day after the date the request was submitted, issue a

14

final decision to grant or deny the request.

15

(c)

16

the

17

granted.

18

(d)

19
20

A request for which a final decision is not issued in

period

described

by

Subsection

(b)

is

considered

to

be

A decision of the municipality under Subsection (b)

may be appealed to a district or county court.


SECTION 32.

Effective

September

1,

2015,

Subchapter

A,

21

Chapter 623, Transportation Code, is amended by adding Section

22

623.004 to read as follows:

23

Sec. 623.004.

ADMINISTRATION

AND

OVERSIGHT

OF

OVERWEIGHT

24

CORRIDORS.

(a) In this section, "overweight corridor" means a

25

designated section of a state highway for which an optional

26

procedure is authorized under this chapter for the issuance of

27

permits:
59

15.145.3 TJB

1
2

(1)

Transportation or the department; and

3
4

(2)

for

the

movement

of

oversize

or

overweight

vehicles.

5
6

by entities other than the Texas Department of

(b)

The Texas Department of Transportation shall, after

receiving input from local officials:

(1)

feasibility,

overweight

set

minimum

viability,
corridors

requirements

and

that

economic
take

for

determining

impact

into

of

the

additional

consideration

traffic

10

volume, safety concerns, ability to recover costs, and the role

11

of

12

mobility;

overweight

13

(2)

corridors

within

statewide

plan

for

freight

use the requirements set under Subdivision (1) to

14

periodically develop recommendations for additional overweight

15

corridors that would benefit the state;

16
17

(3)

(4)

(c)

create

The

(1)

under

pavement

management

plan

for

each

Texas

Department

of

Transportation,

in

establish

performance

measures

for

each

operational overweight corridor; and

24

(2)
results

include in the plan described by Section 201.6011

25

the

26

disaggregated by overweight corridor.

27

developed

consultation with interested parties, shall:

22
23

recommendations

operational overweight corridor.

20
21

any

Subdivision (2) in the plan described by Section 201.6011; and

18
19

include

(d)

of

an

evaluation

using

the

An entity issuing overweight


60

performance

measures

corridor permits under


15.145.3 TJB

this chapter shall:

(1)

report

information

necessary

for

an

evaluation

using performance measures established under Subsection (c) to

the Texas Department of Transportation; and

(2)

in setting a fee for the permit, consider the

pavement management plan created under Subsection (b)(4) for the

overweight corridor.

(e)

The department may:

9
10

(1)

issue overweight corridor permits on behalf of an

entity authorized to issue the permits under this chapter; and

11

(2)

establish and charge a fee for issuing a permit

12

under Subdivision (1) in an amount sufficient to recover the

13

actual cost of issuance.

14

(f)

15

to

16

Department of Motor Vehicles fund and may be appropriated only

17

to the department for the administration of this section.

18
19

the

A fee collected under Subsection (e)(2) shall be sent


comptroller

SECTION 33.

for

deposit

Subchapter

E,

to

the

Chapter

credit

13,

of

Water

the

Texas

Code,

is

amended by adding Section 13.1461 to read as follows:

20

Sec. 13.1461.

21

CONSERVATION MEASURES.

22

operator

23

1.07(14),

24

utility service from the retail public utility to comply with

25

uniform water conservation measures adopted or implemented by

26

the retail public utility. This section does not authorize a

27

retail public utility to require a correctional facility to:

of

Penal

CORRECTIONAL

COMPLIANCE

WITH

A retail public utility may require the

correctional
Code,

FACILITY

that

facility,
receives

61

as

defined

retail

by

water

Section

or

sewer

15.145.3 TJB

1
2

(1)

alter or remove facilities installed on or before

September 1, 2015; or

(2)

determines

facility.

install

may

devices

disrupt

SECTION 34.

the

Effective

that

the

correctional

operation

September

of

1,

the

2015,

facility

correctional

Subchapter

G,

Chapter 13, Water Code, is amended by adding Section 13.2541 to

read as follows:

Sec. 13.2541.

REVOCATION OF CERTIFICATE FOR CERTAIN MAJOR

10

VIOLATORS.

(a)

11

to

an

12

public convenience and necessity if the staff has reason to

13

believe:

revoke

14

(1)

Utility commission staff shall file a petition


investor-owned

water

utility's

certificate

of

the utility has committed repeated or continuous

15

major violations of one or more commission rules related to safe

16

drinking water for at least six years

17

filed;

18

(2)

before the petition is

none of the owners of the utility have borrowed

19

money from a federally insured lending institution to use to

20

remedy a violation of one or more commission rules related to

21

safe drinking water;

22
23
24
25
26
27

(3)

the utility serves more than 1,000 connections

but is made up of less than five public water systems;


(4)

the

utility

does

not

serve

customers

who

are

located in a municipality; and


(5)

the

utility

is

located

in

county

with

population of more than four million.


62

15.145.3 TJB

(b)

If, after notice and hearing, the utility commission

finds

utility commission may revoke the investor-owned water utility's

certificate

petition is filed.

that

(c)

the

on

At

facts

or

the

alleged

before

time

in

the

the

the

90th

petition

day

utility

are

after

true,

the

commission

the

date

the

revokes

the

certificate it shall appoint a temporary manager and temporarily

transfer the certificate to the temporary manager.

the transfer, the temporary manager has all the powers necessary

10

to operate and manage the utility until the utility commission

11

certifies another retail public utility.

12

(d)

On accepting

Not more than 12 months after the date the utility

13

commission appoints a temporary manager under Subsection (c),

14

the utility commission shall offer at auction any property that

15

the

16

valueless to the decertified investor-owned water utility as a

17

result of the decertification.

18

utility

(e)

Any

commission

person,

determines

including

is

public

rendered

and

useless

private

or

water

19

utilities and the temporary manager appointed under Subsection

20

(c), may apply for approval to bid on the decertified utility's

21

assets and property. The utility commission shall review each

22

application and approve applicants that it determines have the

23

financial, managerial, and technical ability to provide safe,

24

adequate,

25

utility's customers. Only approved applicants may bid in the

26

auction. The utility commission shall request proposals from all

27

approved bidders.

and

continuous

water

63

service

to

the

decertified

15.145.3 TJB

1
2

(f)

Before

(1)

(2)

10

utility

commission

and

records

of

and

the

make

the

books

the

decertified

provide an opportunity for all approved bidders

to inspect the decertified utility's assets and property.


(g)

Each bid must:

8
9

the

utility available to all approved bidders; and

5
6

auction,

temporary manager shall:

3
4

the

(1)

estimate the rates the bidder would charge for

service during the first five years following the date of the
sale; and

11

(2)

agree that the bidder, if the bidder purchases

12

the assets and property, will consider making improvements to

13

remedy

14

commission rules related to safe drinking water before the third

15

anniversary of the purchase date.

16

(h)

and

prevent

damages

from

previous

violations

of

The utility commission shall select the bidder that

17

has the best plan to remedy previous violations of commission

18

rules,

19

completion of the sale to the selected bidder and payment to the

20

decertified

21

convenience

22

selected bidder.

as

determined

utility,
and

23

(i)

24

SECTION 35.

25
26
27

by

the

transfer

necessity

from

utility

the
the

commission,

certificate
temporary

of

and,

on

public

manager

to

the

2015,

Section

This section expires December 31, 2019.


Effective

September

1,

60.039(a), Water Code, is amended to read as follows:


(a)

The commission may lease the surface of land for not

more than 50 [30] years by the entry of an order on the minutes


64

15.145.3 TJB

of the commission and the execution of a lease in the manner

provided by the original order.

beyond the 50-year [30-year] period by renewal, extension, or

otherwise, except that the commission may extend a lease beyond

a 50-year period for residential property located in a district

in which at least 50 percent of the property is residential

property.

8
9

SECTION 36.

The lease may not be extended

Effective September 1, 2015, Section 60.040,

Water Code, is amended to read as follows:

10

Sec. 60.040.

PUBLICATION OF NOTICE FOR SALES AND LEASES IN

11

EXCESS OF 50 [30] YEARS.

12

for more than 50 [30] years, the commission shall publish a

13

notice

14

subchapter].

15
16

in

the

manner

SECTION 37.

Before making a sale or lease of land

provided

in

Section

60.035

[of

this

Effective September 1, 2015, Section 60.041,

Water Code, is amended to read as follows:

17

Sec. 60.041.

SECURITY

FOR

BIDS

ON

LAND

TO

BE

SOLD

OR

18

LEASED FOR MORE THAN 50 [30] YEARS.

19

to be sold or leased for more than

20

accompanied by a certified check, cashier's check, or bidder's

21

bond

22

business in Texas.

23

equal to the bid for the land or for the first rental payment

24

under the lease and shall guarantee that the bidder will perform

25

the terms of the [his] bid if it is accepted by the commission.

26
27

with

responsible

SECTION 38.

corporate

Each bid submitted on land


50

[30] years shall be

surety

authorized

to

do

The check or bond shall be in an amount

Effective September 1, 2015, the heading to

Section 60.042, Water Code, is amended to read as follows:


65

15.145.3 TJB

1
2
3
4

Sec. 60.042.

AWARD

AND

EXECUTION

SECTION 39.

Effective

September

OR

LEASE

IN

1,

2015,

the

following

sections of the Health and Safety Code are repealed:


(1)

Section 262.034;

(2)

Section 285.101(d); and

(3)

Section 288.0032.

DEED

EXCESS OF 50 [30] YEARS.

OF

SECTION 40.
Section

Except as otherwise provided by this section,

194.001(c),

Health

and

Safety

Code,

and

Sections

10

118.018(d) and 118.019(b), Local Government Code, as added by

11

this Act, apply only to a marriage license issued or declaration

12

of informal marriage recorded on or after the effective date of

13

this Act.

14

194.001(c), Health and Safety Code, and Sections 118.018(d) and

15

118.019(b), Local Government Code, as added by this Act, do not

16

apply to a marriage license issued or declaration of informal

17

marriage recorded before that date.

18

If this Act takes effect before June 1, 2015, Section

SECTION 41.

Sections 32.0264(a)-(c), Human Resources Code,

19

and Section 351.046(a), Local Government Code, as added by this

20

Act, apply to an individual whose period of confinement in a

21

county jail begins on or after the effective date of this Act,

22

regardless of the date the individual was determined eligible

23

for medical assistance under Chapter 32, Human Resources Code.

24

SECTION 42.

Section 32.0264(d), Human Resources Code, and

25

Section 351.046(c), Local Government Code, as added by this Act,

26

apply to the release or discharge of a prisoner from a county

27

jail that occurs on or after the effective date of this Act,


66

15.145.3 TJB

regardless of the date the prisoner was initially confined in

the county jail.

SECTION 43.

Section 1054.2025, Special District Local Laws

Code, as added by this Act, applies only to general obligation

bonds issued by the Lynn County Hospital District on or after

the effective date of this Act.

SECTION 44.

Section 11.1825, Tax Code, as amended by this

Act, applies only to ad valorem taxes imposed for a tax year

beginning on or after January 1, 2016.

10

SECTION 45.

11

Water

12

entered into on or after September 1, 2015. A lease entered into

13

before September 1, 2015, is governed by the law in effect on

14

the date the lease was entered into, and the former law is

15

continued in effect for that purpose.

16

Code,

as

Sections 60.039, 60.040, 60.041, and 60.042,


amended

SECTION 46.

by

this

Act,

apply

only

to

lease

If before implementing any provision of this

17

Act a state agency determines that a waiver or authorization

18

from a federal agency is necessary for implementation of that

19

provision, the agency affected by the provision shall request

20

the

21

provision until the waiver or authorization is granted.

22

waiver

or

authorization

SECTION 47.

and

may

delay

implementing

that

Except as otherwise provided by this Act, this

23

Act takes effect immediately if it receives a vote of two-thirds

24

of all the members elected to each house, as provided by Section

25

39,

26

receive the vote necessary for immediate effect, this Act takes

27

effect September 1, 2015.

Article

III,

Texas

Constitution.

67

If

this

Act

does

not

15.145.3 TJB

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