HB2977 Substitute

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By: ___________________ ___.B. No. _____

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

By: ___________________ C.S.___.B. No. _____

A BILL TO BE ENTITLED

AN ACT 1

relating to issues affecting counties and certain other 2

governmental entities; authorizing fees. 3

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 4

SECTION 1. Subchapter B, Chapter 1, Family Code, is 5

amended by adding Section 1.109 to read as follows: 6

Sec. 1.109. CERTAIN MARRIAGE LICENSES AND DECLARATIONS OF 7

INFORMAL MARRIAGE PROHIBITED. (a) This state or a political 8

subdivision of this state may not use any funds to issue, 9

enforce, or recognize a marriage license or declaration of 10

informal marriage for a union other than a union between one man 11

and one woman. 12

(b) An employee or official of this state or a political 13

subdivision of this state may not issue, enforce, or recognize a 14

marriage license or declaration of informal marriage for a union 15

other than a union between one man and one woman. 16

(c) This state or a political subdivision of this state 17

may not use any funds to enforce an order requiring the 18

issuance, enforcement, or recognition of a marriage license or 19

declaration of informal marriage for a union other than a union 20

between one man and one woman. 21

SECTION 2. Effective September 1, 2015, Subchapter H, 22

Chapter 51, Government Code, is amended by adding Section 51.712 23

to read as follows: 24

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Sec. 51.712. ADDITIONAL FILING FEE FOR CIVIL CASES IN 1

KAUFMAN COUNTY. (a) This section applies only to district 2

courts, statutory probate courts, county courts at law, and 3

justice courts in Kaufman County. 4

(b) Except as otherwise provided by this section and in 5

addition to all other fees authorized or required by other law, 6

the clerk of a court shall collect a filing fee of not more than 7

$15 in each civil case filed in the court to be used for the 8

construction, renovation, or improvement of the facilities that 9

house the Kaufman courts collecting the fee. 10

(c) Court fees due under this section shall be collected 11

in the same manner as other fees, fines, or costs are collected 12

in the case. 13

(d) The clerk shall send the fees collected under this 14

section to the county treasurer or to any other official who 15

discharges the duties commonly assigned to the county treasurer 16

at least as frequently as monthly. The treasurer or other 17

official shall deposit the fees in a special account in the 18

county treasury dedicated to the construction, renovation, or 19

improvement of the facilities that house the courts collecting 20

the fee. 21

(e) This section applies only to fees for a 12-month 22

period beginning July 1, if the commissioners court: 23

(1) adopts a resolution authorizing a fee of not more 24

than $15; and 25

(2) files the resolution with the county treasurer or 26

with any other official who discharges the duties commonly 27

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assigned to the county treasurer not later than June 1 1

immediately preceding the first 12-month period during which the 2

fees are to be collected. 3

(f) A resolution adopted under Subsection (e) continues 4

from year to year until July 1, 2030, allowing the county to 5

collect fees under the terms of this section until the 6

resolution is rescinded. 7

(g) The commissioners court may rescind a resolution 8

adopted under Subsection (e) by adopting a resolution rescinding 9

the resolution and submitting the rescission resolution to the 10

county treasurer or to any other official who discharges the 11

duties commonly assigned to the county treasurer not later than 12

June 1 preceding the beginning of the first day of the county 13

fiscal year. The commissioners court may adopt an additional 14

resolution in the manner provided by Subsection (e) after 15

rescinding a previous resolution under that subsection. 16

(h) A fee established under a particular resolution is 17

abolished on the earlier of: 18

(1) the date a resolution adopted under Subsection 19

(e) is rescinded as provided by Subsection (g); or 20

(2) July 1, 2030. 21

SECTION 3. Effective September 1, 2015, Subchapter D, 22

Chapter 101, Government Code, is amended by adding Section 23

101.061193 to read as follows: 24

Sec. 101.061193. ADDITIONAL DISTRICT COURT FEES FOR COURT 25

FACILITIES: GOVERNMENT CODE. The clerk of a district court in 26

Kaufman County shall collect an additional filing fee of not 27

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more than $15 under Section 51.712, Government Code, in civil 1

cases to fund the construction, renovation, or improvement of 2

court facilities, if authorized by the county commissioners 3

court. 4

SECTION 4. Effective September 1, 2015, Subchapter E, 5



Sec. 101.081196. ADDITIONAL STATUTORY COUNTY COURT FEES 8

FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a 9

statutory county court in Kaufman County shall collect an 10

additional filing fee of not more than $15 under Section 51.712, 11

Government Code, in civil cases to fund the construction, 12

renovation, or improvement of court facilities, if authorized by 13

the county commissioners court. 14

SECTION 5. Effective September 1, 2015, Subchapter F, 15



Sec. 101.101191. ADDITIONAL STATUTORY PROBATE COURT FEES 18

FOR COURT FACILITIES: GOVERNMENT CODE. The clerk of a 19

statutory probate court in Kaufman County shall collect an 20

additional filing fee of not more than $15 under Section 51.712, 21

Government Code, in civil cases to fund the construction, 22

renovation, or improvement of court facilities, if authorized by 23

the county commissioners court. 24

SECTION 6. Effective September 1, 2015, Subchapter H, 25



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Sec. 101.143. ADDITIONAL JUSTICE COURT FEE FOR COURT 1

FACILITIES COLLECTED BY CLERK. The clerk of a justice court in 2

Kaufman County shall collect an additional filing fee of not 3

more than $15 under Section 51.712, Government Code, in civil 4

cases to fund the construction, renovation, or improvement of 5

court facilities, if authorized by the county commissioners 6

court. 7

SECTION 7. Section 1502.056, Government Code, is amended 8

by adding Subsection (a-1) to read as follows: 9

(a-1) For a municipality in a county that contains an 10

international border and borders the Gulf of Mexico, the first 11

lien against the revenue of a municipally owned utility system 12

that secures the payment of public securities issued or 13

obligations incurred under this chapter also applies to funding, 14

as a necessary operations expense, for a bill payment assistance 15

program for the utility system's customers who: 16

(1) have been determined by the municipality to be 17

low-income customers; 18

(2) are military veterans who have significantly 19

decreased abilities to regulate their bodies' core temperatures 20

because of severe burns received in combat; or 21

(3) are elderly and low-income customers as 22

determined by the municipality. 23

SECTION 8. Section 194.001, Health and Safety Code, is 24

amended by adding Subsection (c) to read as follows: 25

(c) A county clerk may not file, and the vital statistics 26

unit may not enter into the vital statistics system, a document 27

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copy described by Subsection (a) or (b) that is associated with 1

a union other than a union between one man and one woman. If 2

the vital statistics unit determines that the document copy is 3

associated with a union other than a union between one man and 4

one woman, the vital statistics unit shall provide the document 5

copy to the attorney general. 6

SECTION 9. Section 285.101, Health and Safety Code, is 7

amended by amending Subsection (a) and adding Subsection (b-1) 8


(a) This subchapter applies only to a hospital, hospital 10

district, or authority created and operated under Article IX, 11

Texas Constitution, under a special law, or under this title 12

[that is located in: 13

[(1) a county with a population of 35,000 or less; 14

[(2) those portions of extended municipalities that 15

the federal census bureau has determined to be rural; or 16

[(3) an area that is not delineated as an urbanized 17

area by the federal census bureau]. 18

(b-1) A facility or service under Subsection (b) may be 19

located or offered, as applicable, in any location that the 20

governing body of the hospital, hospital district, or authority 21

considers to be in the best interest of the hospital, hospital 22

district, or authority, subject to any limitation imposed by: 23

(1) a rule of the Department of State Health 24

Services; or 25

(2) an order of the commissioners court of a county 26

in which any part of the facility will be located or the service 27

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will be offered, if the county in which any part of the facility 1

will be located or the service will be offered does not have a 2

public hospital, hospital district, or hospital authority. 3

SECTION 10. Section 288.001(4), Health and Safety Code, is 4

amended to read as follows: 5

(4) "Institutional health care provider" means a 6

nonpublic hospital that provides inpatient hospital services 7

[licensed under Chapter 241]. 8

SECTION 11. Subtitle D, Title 4, Health and Safety Code, 9

is amended by adding Chapter 291 to read as follows: 10

CHAPTER 291. COUNTY HEALTH CARE PROVIDER PARTICIPATION PROGRAM 11

IN CERTAIN COUNTIES BORDERING ARKANSAS 12

SUBCHAPTER A. GENERAL PROVISIONS 13

Sec. 291.001. DEFINITIONS. In this chapter: 14


nonpublic hospital that provides inpatient hospital services. 16

(2) "Paying hospital" means an institutional health 17

care provider required to make a mandatory payment under this 18

chapter. 19

(3) "Program" means the county health care provider 20

participation program authorized by this chapter. 21

Sec. 291.002. APPLICABILITY. This chapter applies only to 22

a county that: 23

(1) is not served by a hospital district or a public 24

hospital; 25

(2) is located on the state border with Arkansas; and 26

(3) has a population of more than 90,000. 27

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Sec. 291.003. COUNTY HEALTH CARE PROVIDER PARTICIPATION 1

PROGRAM; PARTICIPATION IN PROGRAM. (a) A county health care 2

provider participation program authorizes a county to collect a 3

mandatory payment from each institutional health care provider 4

located in the county to be deposited in a local provider 5

participation fund established by the county. Money in the fund 6

may be used by the county to fund certain intergovernmental 7

transfers and indigent care programs as provided by this 8

chapter. 9

(b) The commissioners court may adopt an order authorizing 10

a county to participate in the program, subject to the 11

limitations provided by this chapter. 12

SUBCHAPTER B. POWERS AND DUTIES OF COMMISSIONERS COURT 13

Sec. 291.051. LIMITATION ON AUTHORITY TO REQUIRE MANDATORY 14

PAYMENT. The commissioners court of a county may require a 15

mandatory payment authorized under this chapter by an 16

institutional health care provider in the county only in the 17

manner provided by this chapter. 18

Sec. 291.052. MAJORITY VOTE REQUIRED. The commissioners 19

court of a county may not authorize the county to collect a 20

mandatory payment authorized under this chapter without an 21

affirmative vote of a majority of the members of the 22

commissioners court. 23

Sec. 291.053. RULES AND PROCEDURES. After the 24

commissioners court has voted to require a mandatory payment 25

authorized under this chapter, the commissioners court may adopt 26

rules relating to the administration of the mandatory payment. 27

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Sec. 291.054. INSTITUTIONAL HEALTH CARE PROVIDER 1

REPORTING; INSPECTION OF RECORDS. (a) The commissioners court 2

of a county that collects a mandatory payment authorized under 3

this chapter shall require each institutional health care 4

provider to submit to the county a copy of any financial and 5

utilization data required by and reported to the Department of 6

State Health Services under Sections 311.032 and 311.033 and any 7

rules adopted by the executive commissioner of the Health and 8

Human Services Commission to implement those sections. 9

(b) The commissioners court of a county that collects a 10

mandatory payment authorized under this chapter may inspect the 11

records of an institutional health care provider to the extent 12

necessary to ensure compliance with the requirements of 13

Subsection (a). 14

SUBCHAPTER C. GENERAL FINANCIAL PROVISIONS 15

Sec. 291.101. HEARING. (a) Each year, the commissioners 16

court of a county that collects a mandatory payment authorized 17

under this chapter shall hold a public hearing on the amounts of 18

any mandatory payments that the commissioners court intends to 19

require during the year and how the revenue derived from those 20

payments is to be spent. 21

(b) Not later than the 10th day before the date of the 22

hearing required under Subsection (a), the commissioners court 23

of the county shall publish notice of the hearing in a newspaper 24

of general circulation in the county. 25

(c) A representative of a paying hospital is entitled to 26

appear at the time and place designated in the public notice and 27

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to be heard regarding any matter related to the mandatory 1

payments authorized under this chapter. 2

Sec. 291.102. DEPOSITORY. (a) The commissioners court of 3

each county that collects a mandatory payment authorized under 4

this chapter by resolution shall designate one or more banks 5

located in the county as the depository for mandatory payments 6

received by the county. A bank designated as a depository 7

serves for two years or until a successor is designated. 8

(b) All income received by a county under this chapter, 9

including the revenue from mandatory payments remaining after 10

discounts and fees for assessing and collecting the payments are 11

deducted, shall be deposited with the county depository in the 12

county's local provider participation fund and may be withdrawn 13

only as provided by this chapter. 14

(c) All funds under this chapter shall be secured in the 15

manner provided for securing county funds. 16

Sec. 291.103. LOCAL PROVIDER PARTICIPATION FUND; 17

AUTHORIZED USES OF MONEY. (a) Each county that collects a 18

mandatory payment authorized under this chapter shall create a 19

local provider participation fund. 20

(b) The local provider participation fund of a county 21

consists of: 22

(1) all revenue received by the county attributable 23

to mandatory payments authorized under this chapter, including 24

any penalties and interest attributable to delinquent payments; 25

(2) money received from the Health and Human Services 26

Commission as a refund of an intergovernmental transfer from the 27

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county to the state for the purpose of providing the nonfederal 1

share of Medicaid supplemental payment program payments, 2

provided that the intergovernmental transfer does not receive a 3

federal matching payment; and 4

(3) the earnings of the fund. 5

(c) Money deposited to the local provider participation 6

fund may be used only to: 7

(1) fund intergovernmental transfers from the county 8

to the state to provide: 9

(A) the nonfederal share of a Medicaid 10

supplemental payment program authorized under the state Medicaid 11

plan, the Texas Healthcare Transformation and Quality 12

Improvement Program waiver issued under Section 1115 of the 13

federal Social Security Act (42 U.S.C. Section 1315), or a 14

successor waiver program authorizing similar Medicaid 15

supplemental payment programs; or 16

(B) payments to Medicaid managed care 17

organizations that are dedicated for payment to hospitals; 18

(2) subsidize indigent programs; 19

(3) pay the administrative expenses of the county 20

solely for activities under this chapter; 21

(4) refund a portion of a mandatory payment collected 22

in error from a paying hospital; and 23

(5) refund to paying hospitals the proportionate 24

share of money received by the county from the Health and Human 25

Services Commission that is not used to fund the nonfederal 26

share of Medicaid supplemental payment program payments. 27

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(d) Money in the local provider participation fund may not 1

be commingled with other county funds. 2

(e) An intergovernmental transfer of funds described by 3

Subsection (c)(1) and any funds received by the county as a 4

result of an intergovernmental transfer described by that 5

subsection may not be used by the county or any other entity to 6

expand Medicaid eligibility under the Patient Protection and 7

Affordable Care Act (Pub. L. No. 111-148) as amended by the 8

Health Care and Education Reconciliation Act of 2010 (Pub. L. 9

No. 111-152). 10

SUBCHAPTER D. MANDATORY PAYMENTS 11

Sec. 291.151. MANDATORY PAYMENTS BASED ON PAYING HOSPITAL 12

NET PATIENT REVENUE. (a) Except as provided by Subsection (e), 13

the commissioners court of a county that collects a mandatory 14

payment authorized under this chapter may require an annual 15

mandatory payment to be assessed on the net patient revenue of 16

each institutional health care provider located in the county. 17

The commissioners court may provide for the mandatory payment to 18

be assessed quarterly. In the first year in which the mandatory 19

payment is required, the mandatory payment is assessed on the 20

net patient revenue of an institutional health care provider as 21

determined by the data reported to the Department of State 22

Health Services under Sections 311.032 and 311.033 in the fiscal 23

year ending in 2013 or, if the institutional health care 24

provider did not report any data under those sections in that 25

fiscal year, as determined by the institutional health care 26

provider's Medicare cost report submitted for the 2013 fiscal 27

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year or for the closest subsequent fiscal year for which the 1

provider submitted the Medicare cost report. The county shall 2

update the amount of the mandatory payment on an annual basis. 3

(b) The amount of a mandatory payment authorized under 4

this chapter must be uniformly proportionate with the amount of 5

net patient revenue generated by each paying hospital in the 6

county. A mandatory payment authorized under this chapter may 7

not hold harmless any institutional health care provider, as 8

required under 42 U.S.C. Section 1396b(w). 9

(c) The commissioners court of a county that collects a 10

mandatory payment authorized under this chapter shall set the 11

amount of the mandatory payment. The amount of the mandatory 12

payment required of each paying hospital may not exceed an 13

amount that, when added to the amount of the mandatory payments 14

required from all other paying hospitals in the county, equals 15

an amount of revenue that exceeds six percent of the aggregate 16

net patient revenue of all paying hospitals in the county. 17

(d) Subject to the maximum amount prescribed by Subsection 18

(c), the commissioners court of a county that collects a 19


mandatory payments in amounts that in the aggregate will 21

generate sufficient revenue to cover the administrative expenses 22

of the county for activities under this chapter, to fund an 23

intergovernmental transfer described by Section 291.103(c)(1), 24

and to pay for indigent programs, except that the amount of 25

revenue from mandatory payments used for administrative expenses 26

of the county for activities under this chapter in a year may 27

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not exceed the lesser of four percent of the total revenue 1

generated from the mandatory payment or $20,000. 2

(e) A paying hospital may not add a mandatory payment 3

required under this section as a surcharge to a patient. 4

Sec. 291.152. ASSESSMENT AND COLLECTION OF MANDATORY 5

PAYMENTS. (a) Except as provided by Subsection (b), the county 6

tax assessor-collector shall collect the mandatory payment 7

authorized under this chapter. The county tax assessor-8

collector shall charge and deduct from mandatory payments 9

collected for the county a fee for collecting the mandatory 10

payment in an amount determined by the commissioners court of 11

the county, not to exceed the county tax assessor-collector's 12

usual and customary charges. 13

(b) If determined by the commissioners court to be 14

appropriate, the commissioners court may contract for the 15

assessment and collection of mandatory payments in the manner 16

provided by Title 1, Tax Code, for the assessment and collection 17

of ad valorem taxes. 18

(c) Revenue from a fee charged by a county tax assessor-19

collector for collecting the mandatory payment shall be 20

deposited in the county general fund and, if appropriate, shall 21

be reported as fees of the county tax assessor-collector. 22

Sec. 291.153. INTEREST, PENALTIES, AND DISCOUNTS. 23

Interest, penalties, and discounts on mandatory payments 24

required under this chapter are governed by the law applicable 25

to county ad valorem taxes. 26

Sec. 291.154. PURPOSE; CORRECTION OF INVALID PROVISION OR 27

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PROCEDURE. (a) The purpose of this chapter is to generate 1

revenue by collecting from institutional health care providers a 2

mandatory payment to be used to provide the nonfederal share of 3

a Medicaid supplemental payment program. 4

(b) To the extent any provision or procedure under this 5

chapter causes a mandatory payment authorized under this chapter 6

to be ineligible for federal matching funds, the county may 7

provide by rule for an alternative provision or procedure that 8

conforms to the requirements of the federal Centers for Medicare 9

and Medicaid Services. 10




IN CERTAIN COUNTIES IN THE TEXAS-LOUISIANA BORDER REGION 14







chapter. 21




a county that: 25

(1) is not served by a hospital district; 26

(2) is located in the Texas-Louisiana border region, 27

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as that region is defined by Section 2056.002, Government Code; 1

and 2

(3) has a population of more than 100,000 but less 3

than 200,000. 4









chapter. 13















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Subsection (a). 18










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consists of: 26


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to the state to provide the nonfederal share of a Medicaid 13






supplemental payment programs; 19









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No. 111-152). 11

















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provider's cost report submitted for the 2013 fiscal year or for 1

the closest subsequent fiscal year for which the provider 2

submitted the cost report. The county shall update the amount 3

of the mandatory payment on an annual basis. 4




















of the county for activities under this chapter, to fund the 24

nonfederal share of a Medicaid supplemental payment program, and 25

to pay for indigent programs, except that the amount of revenue 26

from mandatory payments used for administrative expenses of the 27

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county for activities under this chapter in a year may not 1

exceed the lesser of four percent of the total revenue generated 2

from the mandatory payment or $20,000. 3

























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IN CERTAIN COUNTIES CONTAINING A PRIVATE UNIVERSITY 15




nonpublic hospital licensed under Chapter 241. 19



chapter. 22




a county that: 26


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hospital; 1

(2) contains a private institution of higher 2

education with a student enrollment of more than 12,000; and 3

(3) has a population of less than 250,000. 4









chapter. 13















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Subsection (a). 18










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consists of: 26


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28 15.145.3 TJB











No. 111-152). 11






mandatory payment to be assessed quarterly on the net patient 17

revenue of each institutional health care provider located in 18

the county. In the first year in which the mandatory payment is 19

required, the mandatory payment is assessed on the net patient 20

revenue of an institutional health care provider as determined 21

by the data reported to the Department of State Health Services 22

under Sections 311.032 and 311.033 in the fiscal year ending in 23

2014. The county shall update the amount of the mandatory 24

payment on an annual basis. 25



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CHAPTER 296. COUNTY HEALTH CARE PROVIDER PARTICIPATION 8

PROGRAM IN CERTAIN COUNTIES 9







chapter. 16




a county that: 20


hospital; and 22

(2) has a population of less than 200,000 and 23

contains two municipalities both with populations of 75,000 or 24

more. 25



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chapter. 7





















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Subsection (a). 12
















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consists of: 20








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No. 111-152). 5

















provider's Medicare cost report submitted for the 2013 fiscal 22

year or for the closest subsequent fiscal year for which the 23

provider submitted the Medicare cost report. The county shall 24

update the amount of the mandatory payment on an annual basis. 25



37 15.145.3 TJB


















of the county for activities under this chapter, to fund an 18

intergovernmental transfer described by Section 296.103(c)(1), 19

and to pay for indigent programs, except that the amount of 20

revenue from mandatory payments used for administrative expenses 21

of the county for activities under this chapter in a year may 22

not exceed the lesser of four percent of the total revenue 23

generated from the mandatory payment or $20,000. 24




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IN CERTAIN COUNTIES CONTAINING A MILITARY BASE 9




nonpublic hospital licensed under Chapter 241. 13



chapter. 16




a county: 20

(1) that is not served by a hospital district or a 21

public hospital; 22

(2) on which a military base with more than 30,000 23

military personnel is partially located; and 24

(3) that has a population of more than 300,000. 25



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chapter. 7





















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Subsection (a). 12
















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consists of: 20








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No. 111-152). 5






mandatory payment to be assessed quarterly on the net patient 11

revenue of each institutional health care provider located in 12

the county. In the first year in which the mandatory payment is 13

required, the mandatory payment is assessed on the net patient 14

revenue of an institutional health care provider as determined 15

by the data reported to the Department of State Health Services 16

under Sections 311.032 and 311.033 in the fiscal year ending in 17

2013. The county may update the amount of the mandatory payment 18

on an annual basis based on data reported to the Department of 19

State Health Services in a more recent fiscal year. 20








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SECTION 16. Sections 775.0355(b) and (c), Health and 1

Safety Code, are amended to read as follows: 2

(b) This section applies only to a district located 3

[wholly in a county]: 4

(1) wholly or partly in a county with a population of 5

more than three million; 6

(2) wholly in a county with a population of more than 7

200,000 that borders Lake Palestine; or 8

(3) wholly in a county with a population of less than 9

200,000 that borders another state and the Gulf Intracoastal 10

Waterway. 11

(c) A person is disqualified from serving as an emergency 12

services commissioner if that person: 13

(1) is related within the third degree of affinity or 14

consanguinity to: 15

(A) a person providing professional services to 16

the district; 17

(B) a commissioner of the same district; or 18

(C) a person who is an employee or volunteer of 19

an emergency services organization providing emergency services 20

to the district unless the emergency services are provided under 21

a mutual aid agreement under Chapter 418, Government Code; 22

(2) is an employee of a commissioner of the same 23

district, attorney, or other person providing professional 24

services to the district; 25

(3) is serving as an attorney, consultant, or 26

architect or in some other professional capacity for the 27

48 15.145.3 TJB

district or an emergency services organization providing 1

emergency services to the district; or 2

(4) fails to maintain the qualifications required by 3

law to serve as a commissioner. 4

SECTION 17. Effective September 1, 2015, Section 775.0821, 5

Health and Safety Code, is amended by amending Subsection (a) 6

and adding Subsection (e) to read as follows: 7

(a) This section applies only to a district to which 8

Section 775.082 applies that: 9

(1) did not have any outstanding bonds secured by ad 10

valorem taxes or any outstanding liabilities secured by ad 11

valorem taxes having a term of more than one year during the 12

previous fiscal year; 13

(2) did not receive more than a total of $250,000 in 14

gross receipts from operations, loans, taxes, or contributions 15

during the previous fiscal year; and 16

(3) did not have a total of more than $250,000 in 17

cash and temporary investments during the previous fiscal year. 18

(e) A district that files compiled financial statements in 19

accordance with Subsection (b) and that maintains an Internet 20

website shall have posted on the district's website the compiled 21

financial statements for the most recent three years. 22


Health and Safety Code, as added by Chapter 1306 (H.B. 3793), 24

Acts of the 83rd Legislature, Regular Session, 2013, is amended 25

by adding Subdivisions (4) and (5) to read as follows: 26

(4) "School district employee" means a principal, 27

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assistant principal, educator, teacher's aide, counselor, nurse, 1

or school bus driver employed by a school district. 2

(5) "School resource officer" has the meaning 3

assigned by Section 1701.601, Occupations Code. 4

SECTION 19. Effective September 1, 2015, Sections 5

1001.203(a) and (c), Health and Safety Code, as added by Chapter 6

1306 (H.B. 3793), Acts of the 83rd Legislature, Regular Session, 7

2013, are amended to read as follows: 8

(a) To the extent funds are appropriated to the department 9

for that purpose, the department shall make grants to local 10

mental health authorities to provide an approved mental health 11

first aid training program, administered by mental health first 12

aid trainers, at no cost to school district employees and school 13

resource officers [educators]. 14

(c) Subject to the limit provided by Subsection (b), out 15

of the funds appropriated to the department for making grants 16

under this section, the department shall grant $100 to a local 17

mental health authority for each school district employee or 18

school resource officer [educator] who successfully completes a 19

mental health first aid training program provided by the 20

authority under this section. 21


Health and Safety Code, as added by Chapter 1306 (H.B. 3793), 23

Acts of the 83rd Legislature, Regular Session, 2013, is amended 24


Sec. 1001.205. REPORTS. (a) Not later than August 31 26

[July 1] of each year, a local mental health authority shall 27

50 15.145.3 TJB

provide to the department the number of: 1

(1) employees and contractors of the authority who 2

were trained as mental health first aid trainers under Section 3

1001.202 during the preceding calendar year; 4

(2) educators, school district employees other than 5

educators, and school resource officers who completed a mental 6

health first aid training program offered by the authority under 7

Section 1001.203 during the preceding calendar year; and 8

(3) individuals who are not school district employees 9

or school resource officers [educators] who completed a mental 10

health first aid training program offered by the authority 11

during the preceding calendar year. 12

(b) Not later than September 30 [August 1] of each year, 13

the department shall compile the information submitted by local 14

mental health authorities as required by Subsection (a) and 15

submit a report to the legislature containing the number of: 16

(1) authority employees and contractors trained as 17

mental health first aid trainers during the preceding calendar 18

year; 19

(2) educators, school district employees other than 20

educators, and school resource officers who completed a mental 21

health first aid training program provided by an authority 22

during the preceding calendar year; and 23

(3) individuals who are not school district employees 24

or school resource officers [educators] who completed a mental 25

health first aid training program provided by an authority 26

during the preceding calendar year. 27

51 15.145.3 TJB

SECTION 21. Effective September 1, 2015, Subchapter B, 1

Chapter 32, Human Resources Code, is amended by adding Section 2


Sec. 32.0264. SUSPENSION, TERMINATION, AND AUTOMATIC 4

REINSTATEMENT OF ELIGIBILITY FOR INDIVIDUALS CONFINED IN COUNTY 5

JAILS. (a) In this section, "county jail" means a facility 6

operated by or for a county for the confinement of persons 7

accused or convicted of an offense. 8

(b) If an individual is confined in a county jail because 9

the individual has been charged with but not convicted of an 10

offense, the commission shall suspend the individual's 11

eligibility for medical assistance during the period the 12

individual is confined in the county jail. 13

(c) If an individual is confined in a county jail because 14

the individual has been convicted of an offense, the commission 15

shall, as appropriate: 16

(1) terminate the individual's eligibility for 17

medical assistance; or 18

(2) suspend the individual's eligibility during the 19

period the individual is confined in the county jail. 20

(d) Not later than 48 hours after the commission is 21

notified of the release from a county jail of an individual 22

whose eligibility for medical assistance has been suspended 23

under this section, the commission shall reinstate the 24

individual's eligibility, provided the individual's eligibility 25

certification period has not elapsed. Following the 26

reinstatement, the individual remains eligible until the 27

52 15.145.3 TJB

expiration of the period for which the individual was certified 1

as eligible. 2

SECTION 22. Section 118.018, Local Government Code, is 3

amended by adding Subsection (d) to read as follows: 4

(d) If a state agency determines that a marriage license 5

fee was collected for a marriage license that is associated with 6

a union other than a union between one man and one woman, the 7

county clerk shall remit $30 to the comptroller. The 8

HB2977 Substitute

Documents

Transcript of HB2977 Substitute