summary
stringlengths 19
858
| text
stringlengths 95
20k
| title
stringlengths 19
858
|
|---|---|---|
Relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program.
|
AN ACT relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 10, Local Government Code, is amended by adding Chapter 328 to read as follows: CHAPTER 328. COUNTY PARK BEAUTIFICATION AND IMPROVEMENT PROGRAM Sec. 328.001. PURPOSE; CREATION. It is the intent of the legislature that each county dedicating land for use as county parks be encouraged to beautify and improve those parks through measures including but not limited to improvements in or additions to lighting, directional and educational signs, litter abatement strategies, and landscaping and landscape maintenance policies. In furtherance of these goals, the County Park Beautification and Improvement Program is established. Sec. 328.002. IMPLEMENTATION. The commissioners court of a county may by majority vote elect to participate in the program. On such election, the commissioners court shall designate one person in the division of the county government responsible for the care and maintenance of the county parks as the coordinator for the program. The coordinator may solicit advice and assistance from state and county agencies and private organizations in developing and implementing the program. Sec. 328.003. REPORT; ADOPTION. The coordinator shall report to the commissioners court the coordinator's findings and shall recommend an implementation strategy to the commissioners court. The commissioners court may reject or adopt the implementation strategy. If the commissioners court rejects the strategy, it shall specify to the coordinator the reasons for such rejection, and the coordinator shall develop a new implementation strategy to present to the commissioners court within six months of the rejection. On adoption of an implementation strategy, the commissioners court may fund the program as provided in Section 328.004. Sec. 328.004. FUNDING. The commissioners court of a county electing to participate in the program may solicit and accept bequests, donations, grants, and other money, goods, and services from federal, state, and private sources to finance and further the goals of the program but may not levy any tax or receive any legislative appropriation to fund such participation. The state is not liable for debts or other obligations incurred by a county in implementing or planning to implement the program under this chapter. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the creation, purpose, implementation, and funding of the County Park Beautification and Improvement Program.
|
Relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services.
|
AN ACT relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 791.011, Government Code, is amended by adding Subsections (h-1) and (h-2) to read as follows: (h-1) In this subsection, "roofing materials or services" includes materials or services for repair or replacement of a roof. An interlocal contract between a governmental entity and a purchasing cooperative may not be used to purchase roofing materials or services from a person who provided consulting services to the cooperative on the contract, including providing specifications for bids on the contract. This prohibition also applies to: (1) a person that is an agent, subsidiary, or parent company of the person who consulted with the cooperative; or (2) a person related in the second degree of consanguinity or affinity to a person who consulted with the cooperative. (h-2) The prohibition under Subsection (h-1) does not apply to a renewal of a contract based on a request for proposal submitted, or substantially similar to a request for proposal submitted, before October 1, 2011, if the contract is renewed before October 1, 2012. This subsection expires October 1, 2012. SECTION 2. The change in law made by this Act to Section 791.011, Government Code, applies only to an interlocal contract or an amendment to, supplement to, or waiver of a provision of a contract made on or after the effective date of this Act. An interlocal contract or an amendment to, supplement to, or waiver of a provision of a contract made before the effective date of this Act is governed by the law in effect when the contract or amendment, supplement, or waiver was made, and the former law is continued for that purpose. SECTION 3. This Act takes effect October 1, 2011.
|
Relating to an interlocal contract between a governmental entity and a purchasing cooperative to purchase roofing materials or services.
|
Relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances.
|
AN ACT relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1141 to read as follows: Sec. 12.1141. REVISION: ADDING SCHOOLS UNDER CERTAIN CIRCUMSTANCES. (a) Except as provided by Subsection (b), the commissioner may not deny approval for a charter holder to add one or more additional open-enrollment charter schools under an existing open-enrollment charter granted to the charter holder if: (1) considering available data, the charter holder meets all criteria established by rule for adding a charter school under an existing charter other than criteria for performance based on dropout and completion rates of one or more existing charter schools under the charter and the charter holder demonstrates through a process developed by the agency that those criteria would be met if: (A) a student enrolled at the charter school who is at least 17 years of age at the time of enrollment were not considered a dropout; and (B) a student who graduates from the charter school before or during the student's sixth year of high school were considered a high school graduate; (2) the charter holder, at the time of submission of the application for approval to add one or more additional charter schools, has been assigned a financial accountability rating under Subchapter D, Chapter 39, indicating financial performance that is satisfactory or better; and (3) each additional charter school: (A) will serve only high school students; (B) will have an enrollment of students of whom at least 50 percent did not graduate with a ninth grade cohort; and (C) will be in the geographical area described for the charter under Section 12.111(a)(14). (b) The commissioner may not approve a total of more than 10 additional charter schools under Subsection (a). The commissioner may, in accordance with commissioner rule, limit the enrollment of an additional charter school as necessary to conform to the capacity limits of the charter holder or the demand for services in the geographical area, as determined by the commissioner, but may not limit the enrollment of an additional charter school to less than the number of students currently enrolled at the high school level at a charter school operated by the charter holder that focuses on dropout recovery. (c) This section expires September 1, 2013. SECTION 2. Subchapter D, Chapter 12, Education Code, is amended by adding Section 12.1151 to read as follows: Sec. 12.1151. LIMITATION ON REVOCATION OR DENIAL OF RENEWAL FOR CERTAIN CHARTER SCHOOLS. (a) This section applies only to an open-enrollment charter school that has an enrollment of students of whom at least 50 percent did not graduate with a ninth grade cohort. (b) The commissioner may not revoke or deny renewal of the charter of an open-enrollment charter school to which this section applies if: (1) considering available data, the charter holder meets all criteria established by rule for adding a charter school under an existing charter other than criteria for performance based on dropout and completion rates of one or more existing charter schools under the charter and the charter holder demonstrates through a process developed by the agency that those criteria would be met if: (A) a student enrolled at the charter school who is at least 17 years of age at the time of enrollment were not considered a dropout; and (B) a student who graduates from the charter school before or during the student's sixth year of high school were considered a high school graduate; and (2) the charter holder, at the time the ratings appeal is filed, has been assigned a financial accountability rating under Subchapter D, Chapter 39, that indicates financial performance that is satisfactory or better. (c) This section expires September 1, 2013. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to revising, revoking, or denying renewal of charters of open-enrollment charter schools under certain circumstances.
|
Congratulating Matt Dearmon on his selection as the Round Rock ISD Secondary Teacher of the Year for 2009.
|
WHEREAS, Matt Dearmon has been named the 2009 Secondary Teacher of the Year by the Round Rock Independent School District; and WHEREAS, Mr. Dearmon is a graduate of Louisiana State University, where he earned a bachelor's degree in English and a master's degree in education; an enthusiastic student, he will begin additional graduate course work in cultural studies and education in fall 2009 at The University of Texas at Austin; and WHEREAS, The son of an art teacher, Mr. Dearmon tutored foster children during his college years, and he went on to teach for a year at a public school in New Orleans; and WHEREAS, Since 2005, this talented educator has taught for Round Rock ISD, and he currently teaches English and heads the English department at Stony Point Ninth-Grade Center, where he has distinguished himself with his innovative lessons and his ability to engage a wide range of students; and WHEREAS, Mr. Dearmon is also cosponsor of the Philosophy Club at Stony Point, and he serves the entire district as a diversity trainer and as a member of the Response to Intervention Committee; and WHEREAS, There is no more important work than educating the young people of Texas, and Matt Dearmon's achievement is a fitting acknowledgment of the positive and lasting difference one committed person can make in the lives of young people; now, therefore, be it RESOLVED, That the House of Representatives of the 81st Texas Legislature hereby congratulate Matt Dearmon on his selection as the Round Rock Independent School District Secondary Teacher of the Year for 2009 and extend to him sincere best wishes for continued success and happiness; and, be it further RESOLVED, That an official copy of this resolution be prepared for Mr. Dearmon as an expression of high regard by the Texas House of Representatives. Maldonado Speaker of the House I certify that H.R. No. 2251 was adopted by the House on May 25, 2009, by a non-record vote. Chief Clerk of the House
|
Congratulating Matt Dearmon on his selection as the Round Rock ISD Secondary Teacher of the Year for 2009.
|
Relating to the reduction in force of teachers employed by a school district.
|
AN ACT relating to the reduction in force of teachers employed by a school district. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.157, Education Code, is amended to read as follows: Sec. 21.157. NECESSARY REDUCTION OF PERSONNEL. A teacher employed under a continuing contract may be released at the end of a school year and the teacher's employment with the school district terminated at that time because of a necessary reduction of personnel by the school district [ with those reductions made in the reverse order of seniority in the specific teaching fields].SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to the reduction in force of teachers employed by a school district.
|
Relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person.
|
AN ACT relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.253 to read as follows: Art. 2.253. INFORMATION REQUEST REGARDING ARRESTED PERSON'S IMMIGRATION STATUS. Not later than 48 hours after a person is arrested and before the person is released on bond, the law enforcement agency that has custody of the person shall: (1) request information regarding the person's immigration status from: (A) a peace officer or other law enforcement officer of this state who is authorized under federal law to verify a person's immigration status; or (B) a federal law enforcement officer, in accordance with 8 U.S.C. Section 1373(c); and (2) notify United States Immigration and Customs Enforcement that the person is in the custody of the law enforcement agency if information received following a request under Subdivision (1) reveals that the person: (A) is not a citizen or national of the United States; and (B) is unlawfully present in the United States according to the terms of the Immigration and Nationality Act (8 U.S.C. Section 1101 et seq.). SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the duty of a law enforcement agency to request information regarding the immigration status of an arrested person.
|
Relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program.
|
AN ACT relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 533.01315, Government Code, is amended by amending Subsection (b) and adding Subsection (b-1) to read as follows: (b) Subject to Subsection (b-1), the [The] commission shall ensure that a federally qualified health center,physician office, urgent care facility,rural health clinic, or municipal health department's public clinic is reimbursed for health care services provided to a recipient outside of regular business hours, including on a weekend or holiday, at a rate that is equal to the allowable rate for those services as determined under Section 32.028, Human Resources Code, regardless of whether the recipient has a referral from the recipient's primary care provider. (b-1) A physician who is a specialist may not be reimbursed under this section for the provision of specialty services. SECTION 2. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to reimbursement for health care services provided at certain times to persons enrolled in the Medicaid managed care program.
|
Relating to the optional flexible school day program provided by school districts.
|
AN ACT relating to the optional flexible school day program provided by school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.0822(a), Education Code, is amended to read as follows: (a) Notwithstanding Section 25.081 or 25.082, a school district may apply to the commissioner to provide a flexible school day program for [students who]:(1) students who have dropped out of school or are at risk of dropping out of school as defined by Section 29.081; (2) students who attend a campus that is implementing an innovative redesign of the campus or an early college high school under a plan approved by the commissioner; [or] (3) students who, as a result of attendance requirements under Section 25.092, will be denied credit for one or more classes in which the students have been enrolled;or (4) a campus or campuses that would benefit from the program.SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the optional flexible school day program provided by school districts.
|
Appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency.
|
82(1) HB 2-Introduced version-Bill Text By: Pitts H.B. No. 2 A BILL TO BE ENTITLED AN ACT appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The several sums of money herein specified, or so much thereby as may be necessary, are appropriated out of any funds in the State Treasury not otherwise appropriated, or out of special funds as indicated, for the support, maintenance, or improvement of the designated agencies. SECTION 2. Contingency for Senate Bill.Contingent on enactment of Senate Bill,or similar legislation relating to state contributions to the Law Enforcement and Custodial Officer Supplemental Retirement, in addition to amounts appropriated in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 in Strategy A.1.2, Law Enforcement and Custodial Officer Supplemental Retirement Fund, the Employees Retirement System is hereby appropriated the following amounts in fiscal year 2013 for a state contribution of 0.5 percent to the Law Enforcement and Custodial Officer Supplemental Retirement Program in fiscal year 2013: General Revenue $6,698,395 General Revenue-Dedicated 96,261 Federal Funds 29,330 Fund 006 696,386 All Funds $7,520,472 SECTION 3. Tobacco User Monthly Premium Fee. Contingent upon enactment of Senate Bill or similar legislation relating to the creation of a tobacco user monthly premium fee, by the Eighty-Second Legislature, 2011 the Employees Retirement System shall apply a $30 monthly tobacco user fee to any tobacco user covered under the state health plan. Also contingent upon the enactment of this legislation, the Comptroller of Public Accounts shall deposit revenue from the fee (estimated to be $16,720,343 in fiscal year 2012 and $25,080,514 in fiscal year 2013) into the Employees Life, Accident, Health Insurance and Benefits Trust Account SECTION 4. Contingency for Senate Bill:Debt Service on Cancer Prevention and Research Bonds. The appropriations made in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to the Texas Public Finance Authority for General Obligation Bond Debt Service are subject to the following provision. Appropriations out of the Permanent Fund for Health & Tobacco Education & Enforcement Account No. 5044; Permanent Fund for Children & Public Health Account No. 5045; and Permanent Fund for EMS & Trauma Care Account No. 5046, are contingent on the enactment of Senate Bill,or similar legislation related to the use of certain Tobacco Settlement Funds for debt service on Cancer Prevention and Research Institute debt, by the Eighty-second Legislature, 2011. The Legislative Budget Board shall adjust the informational listing of bond debt service pursuant to this provision. SECTION 5. Appropriations to the Foundation School Program. (a) Texas Education Agency, Article III, House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 (the General Appropriations Act), is amended by adding the following appropriations and riders, and to the extent necessary, by giving all riders under the bill pattern of the agency full force and effect: A.1.1., Equalized Operations 2012 2013 Available School Fund 1,099,948,815 1,726,989,252 Foundation School Fund 13,412,514,119 12,656,939,681 Property Tax Relief Fund 2,198,994,000 2,338,574,000 Appropriated Receipts 906,500,000 835,600,000 Lottery Proceeds 1,002,457,000 1,006,111,000 A.1.2, Equalized Facilities Foundation School Fund 650,000,000 716,100,000 (b) Foundation School Program Funding. Out of the funds appropriated above, a total of $19,287,500,000 in fiscal year 2012 and $19,297,400,000 in fiscal year 2013 shall represent the sum-certain appropriation to the Foundation School Program. The total appropriation may not exceed the sum-certain amount. This appropriation includes allocations under Chapters 41, 42 and 46 of the Texas Education Code. Formula Funding: The Commissioner shall make allocations to local school districts under Chapters 41, 42 and 46 based on the March 2011 estimates of average daily attendance and local district tax rates as determined by the Legislative Budget Board and the final tax year 2010 property values. For purposes of distributing the Foundation School Program basic tier state aid appropriated above and in accordance with Sec. 42.101 of the Texas Education Code, the Basic Allotment is projected to be $4,765 in fiscal year 2012 and $4,765 in fiscal year 2013. For purposes of distributing the Foundation School Program enrichment tier state aid appropriated above and in accordance with Sec. 41.002(a)(2) and Sec. 42.302(a-1)(1) of the Texas Education Code, the Guaranteed Yield is $59.97 in fiscal year 2012 and $59.97 in fiscal year 2013. Out of amounts appropriated above and allocated by this rider to the Foundation School Program, no funds are appropriated for the New Instructional Facilities Allotment under Sec. 42.158 of the Texas Education Code. Notwithstanding any other provision of this Act, the Texas Education Agency may make transfers as appropriate between Strategy A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP Equalized Facilities. The TEA shall notify the Legislative Budget Board and the Governor of any such transfers at least 45 days prior to the transfer. The Texas Education Agency shall submit reports on the prior month's expenditures on programs described by this rider no later than the 20th day of each month to the Legislative Budget Board and the Governor's Office in a format determined by the Legislative Budget Board in cooperation with the agency. (c) Foundation School Program Adjustments. Appropriations from the Foundation School Fund No. 193 identified in subsection (a) above are hereby reduced by $438,900,000 in fiscal year 2012 and $361,100,000 in fiscal year 2013. These adjustments reflect a lower estimate of the state cost of the Foundation School Program in the 2012-13 biennium due to updated pupil projections and projections of district property values. Property values, and the estimates of local tax collections on which they are based, shall be decreased by 0.97 percent for tax year 2011, then increased by 0.52 percent for tax year 2012. The sum-certain appropriation for the Foundation School Program as identified in subsection (b) above shall be decreased commensurately to reflect these adjustments. (d) Contingency for Senate Bill:Foundation School Program Deferral. Contingent on enactment of SB or similar legislation providing the legal basis for deferring the August 2013 Foundation School Program payment to school districts, appropriations made in subsection (a) above from the Foundation School Fund 193 to the Texas Education Agency for the Foundation School Program are hereby reduced by $2,300,000,000 in fiscal year 2013. It is the intent of the legislature that this payment be made in September 2013 pursuant to the provisions of the bill. The sum-certain appropriation for the Foundation School Program as identified subsection (b) above shall be decreased commensurately. (e) Contingency for HJR 109. Appropriations from the Foundation School Fund (Fund 193) made in subsection (a) above, Texas Education Agency Strategy A.1.1, FSP-Operations, for the Foundation School Program, are hereby reduced by 150,000,000 in each fiscal year of the 2012-13 biennium. The Texas Education Agency is hereby appropriated from the Available School Fund (General Revenue) to the Foundation School Program in Strategy A.1.1, FSP-Operations an amount estimated to be $150,000,000 in each fiscal year of the 2012-13 biennium, pursuant to all of the following: a. passage and enactment of HJR 109, SJR 5 or similar legislation relating to proposing a constitutional amendment to clarify references to the Permanent School Fund and to allow the General Land Office or other entity to distribute revenue derived from Permanent School Fund land or other properties to the Available School Fund; b. voter approval of the associated constitutional amendment; and c. the distribution of funds from the General Land Office to the Available School Fund pursuant to the provisions of the legislation. (f) Contingency for Senate Bill:Funding Contingency. The All Funds appropriations made for the Foundation School Program (FSP), Texas Education Agency Strategies A.1.1 and A.1.2, in subsection (a) above, and as adjusted by other subsections in this section, are contingent on enactment of SB or similar legislation by the Eighty-second Legislature, 2011, relating to certain state fiscal matters and that amends Chapter 42 of the Texas Education Code to adjust state aid payments to the level of FSP appropriations made in subsection (a) above as adjusted for other subsections in this section. Should this legislation fail to pass and be enacted, the All Funds appropriations for the FSP made herein are hereby reduced to zero for each year of the 2012-13 biennium, including the sum-certain appropriation identified in subsection (b) above. (f) The Legislative Budget Board is directed to make all necessary adjustments to the Texas Education Agency pursuant to the provisions above, including adjustments to strategies, methods of finance, measures and riders contained in House Bill 1, 82nd Legislature, 2011. SECTION 6. Contingency for Senate Bill:Legislation Relating to Certain Office of Court Administration License Fees. Contingent upon the enactment of SB relating to license fees and the allowable use of such fees for process servers, guardians, and court reporters by the Eighty-second Legislature, the Office of Court Administration is appropriated $119,603 in fiscal year 2012 and $119,714 in fiscal year 2013 to implement the provisions of the legislation. The number of "Full-Time-Equivalent Positions" indicated in the agency's bill pattern is increased by 2.0 each fiscal year. Fees, fines and other miscellaneous revenues as authorized by the Process Servers Review Board, the Guardianship Certification Board, and the Court Reporters Certification Board shall cover, at a minimum, the cost of appropriations made in this provision, as well as an amount sufficient to cover "Other Direct and Indirect Costs Appropriated Elsewhere in this Act" (estimated to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013). In the event that actual and/or projected revenues are insufficient to offset the costs identified by this provision, the Legislative Budget Board may direct that the Comptroller of Public Accounts to reduce the appropriation authority provided above to be within the amount of revenue expected to be available. SECTION 7. Contingency for Senate Bill:Office of Court Administration Collection and Improvement Audits. Contingent on enactment of Senate Bill or similar legislation relating to state fiscal matters and collection improvement audits, by the Eighty-second Legislature, the Office of Court Administration is appropriated $550,448 in fiscal year 2012 and $529,824 in fiscal year 2013 from General Revenue Funds to implement the provisions of the legislation. In addition, the "Number of Full-Time Equivalents (FTE)" indicated in the Office of Court Administration's bill pattern is increased by 8.0 FTEs in fiscal year 2012 and 8.0 FTEs in fiscal year 2013. SECTION 8. Contingency for Senate Bill:Railroad Commission. Contingent on enactment of SB,or similar legislation relating to the Railroad Commission by the Eighty-second Legislature: a. Oil and Gas Related Fees. In addition to amounts appropriated in House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to the Railroad Commision, and contingent on SB or similar legislation creating an account to cover costs of the agency's oil-and gas-related activities, by the Eighty-second Legislature, appropriations out of the General Revenue Fund are hereby reduced by $16,766,209 in fiscal year 2012 and by $16,716,472 in fiscal year 2013, and, to replace these appropriations, there is hereby appropriated $16,766,209 in fiscal year 2012 and $16,716,472 in fiscal year 2013 out of the Oil and Gas Regulation and Cleanup (OGRC) Fund created by the bill. The following amounts of General Revenue funding would be replaced with funding out of the OGRC Fund in the following strategies: 2012 2013 Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349 Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753 Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550 Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808 Strategy D.1.2, Public Information and Services $921,107 $914,012 TOTAL $16,766,209 $16,716,472 In addition, appropriations out of the Oil Field Cleanup Account No. 145 are hereby reduced by $20,581,780 in fiscal year 2012 and by $20,581,779 in fiscal year 2013, and, to replace these appropriations, there is hereby appropriated $20,581,780 in fiscal year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund created by the bill. The following amounts out of the General Revenue-Dedicated Oil Field Cleanup Account No. 145 would be replaced with funding out of the OGRC Fund in the following strategies: 2012 2013 Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744 Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800 Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565 Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620 Strategy D.1.2, Public Information and Services $138,051 $138,050 TOTAL $20,581,780 $20,581,779 (b) Expansion of Pipeline Safety Fee Use to Include Gas Utility Regulation. Contingent upon enactment of SB,or similar legislation allowing for the use of pipeline safety fees for gas utility regulatory functions, by the Eighty-second Legislature, the Railroad Commission is hereby appropriated in each fiscal year of the 2012-13 biennium an amount not to exceed $233,000 in Strategy C.2.1, Gas Utility Compliance. This appropriation is contingent upon the Railroad Commission increasing Pipeline Safety Fees and shall be limited to revenues deposited to the credit of Revenue Object Code 3553 in excess of the Comptroller's Biennial Revenue Estimate for 2012-13. The Railroad Commission, upon completion of necessary actions to assess or increase the Pipeline Safety Fee, shall furnish copies of the minutes and other information supporting the estimated revenues to be generated for the 2012-13 biennium under the revised fee structure to the Comptroller of Public Accounts. If the Comptroller finds the information sufficient to support the projection of increased revenues in excess of those estimated in the Biennial Revenue Estimate for 2012-13, a finding of fact to that effect shall be issued and the contingent appropriation shall be made available for the intended purpose. SECTION 9. Contingency for Senate Bill:Department of State Health Services. Contingent upon the enactment of SB or similar legislation allowing for the increase of certain licensing and public health service fees assessed by the Department of State Health Services (DSHS), by the Eighty-second Legislature, any additional revenues generated as a result of the fee increases certified by the Comptroller to be in excess of Comptroller of Public Accounts' January 2011 Biennial Revenue Estimate are appropriated to DSHS for the 2012-13 biennium for use in Strategy A.4.1, Laboratory Services, and Goal D, Consumer Protection Services. SECTION 10. Contingency for Senate Bill:Voter Registration. Contingent on enactment of SB,or similar legislation relating to transferring voter registration payments from the Fiscal Programs-Comptroller of Public Accounts to the Secretary of State, by the Eighty-second Legislature, 2011, amounts appropriated elsewhere in this Act to the Fiscal Programs Comptroller of Public Accounts in Strategy A.1.1, Voter Registration, shall be transferred to the Secretary of State. SECTION 11. Contingency for Senate Bill:Back to Work. Contingent on enactment of Senate Bill or similar legislation by the Eighty-second Legislature, relating to the transfer of General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 appropriations to other state agencies, the Trusteed Programs within the Office of the Governor shall transfer $20,000,000 from the General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to the Texas Workforce Commission for the Texas Back to Work Program. If SB,or similar legislation by the Eighty-second Legislature, 2011, relating to the transfer of General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 appropriations to other state agencies is not enacted, it is the intent of the Legislature that the Trusteed Programs within the Office of the Governor award a grant in the amount of $20,000,000 in the 2012-13 biennium out of the General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to the Texas Workforce Commission for the Texas Back to Work Program. SECTION 12. SAVINGS CLAUSE. If any section, sentence, clause or part of this Act shall for any reason be held to be invalid, such decision shall not affect the remaining portions of this Act; and it is hereby declared to be the intention of the Legislature to have passed each sentence, section, clause, or part thereof irrespective of the fact that any other sentence, section, clause or part thereof may be declared invalid. SECTION 13. EMERGENCY CLAUSE. The importance of the legislation to the people of the State of Texas and the crowded condition of the calendars in both Houses of the Legislature create an emergency and an imperative public necessity that the Constitutional Rule requiring bills to be read on three separate days in each House be suspended, and said Rule is hereby suspended; and this Act shall take effect and be in force from and after its passage, and it is so enacted.
|
Appropriating money for the support of state government for the period beginning September 1, 2011 and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds; and declaring an emergency.
|
Relating to creation of a study committee for the Interstate Health Care Compact.
|
AN ACT relating to creation of a study committee for the Interstate Health Care Compact. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. FINDINGS. (a) The legislature finds that the Interstate Health Care Compact authorizes the legislature to suspend the operation of federal laws, rules, regulations, and orders regarding health care that are inconsistent with a state law or regulation. (b) By exercising the authority described by Subsection (a) of this section, the state assumes primary responsibility to regulate health care in this state. (c) Alternatively, the legislature may suspend a federal law, rule, regulation, or order relating to a limited area of health care. (d) By exercising the authority described by Subsection (c) of this section, the state assumes primary responsibility to regulate health care for only that limited area of health care. (e) The first step toward implementation of the Interstate Health Care Compact in this state is the creation of a study committee to make recommendations to the governor and legislature about the most efficient use of the authority provided by the Interstate Health Care Compact. SECTION 2. DEFINITIONS. In this Act: (1) "Committee" means the Texas Health Care Compact Advisory Committee. (2) "Compact" means the Interstate Health Care Compact. (3) "Health care" means care, services, supplies, or plans related to the health of an individual, including: (A) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care, counseling, service, assessment, or treatment related to the physical or mental condition or function of an individual or the structure or function of the body; (B) the sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription; and (C) provision or payment by an individual or group health benefit plan of the cost of care, services, or supplies related to the health of an individual. The term does not include care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veterans Affairs, or provided to Native Americans. SECTION 3. TEXAS HEALTH CARE COMPACT ADVISORY COMMITTEE. The Texas Health Care Compact Advisory Committee is established to make recommendations to the legislature and governor on the implementation of the Interstate Health Care Compact in this state. SECTION 4. MEMBERSHIP. (a) The committee is composed of 11 members, appointed as follows: (1) five individuals experienced in the delivery of or payment for health care services in this state appointed by the governor; (2) three members of the senate appointed by the lieutenant governor; and (3) three members of the house of representatives appointed by the speaker of the house of representatives. (b) The members of the committee must be individuals who reflect the geographic diversity of this state. (c) Each state agency involved in the delivery or regulation of health care in this state may appoint one individual to serve on the committee in a nonvoting capacity. (d) The governor shall select the presiding officer of the committee from the membership of the committee. SECTION 5. POWERS AND DUTIES. (a) The committee shall: (1) examine the state's capability to assume regulatory authority over health care; (2) recommend: (A) the appropriate scope of authority and responsibility for the state consistent with the state's capability to assume regulatory authority over health care; (B) an organizational structure to exercise regulatory authority over health care; (C) a timetable for implementation; and (D) specific amendments to state laws and regulations that are necessary to implement the committee's recommendations under this subdivision; and (3) estimate funding requirements to implement the recommendations. (b) The committee shall hold public hearings on the state's capability to assume regulatory authority over health care. (c) The committee may adopt rules necessary to conduct business under and implement this Act. SECTION 6. SUPPORT. (a) The committee may request assistance from any state executive or legislative governmental entity. (b) The committee may solicit and accept gifts and grants for the support of the committee's activities. (c) The legislature may appropriate funds for the support of the committee's activities. (d) The committee may employ staff. SECTION 7. REPORT. Not later than December 1, 2012, the committee shall report to the governor and the legislature the recommendations made under Section 5 of this Act. SECTION 8. EXPIRATION. This Act expires August 31, 2013. SECTION 9. EFFECTIVE DATE. This Act takes effect on the 91st day after the last day of the legislative session, but only if Senate Bill 5 or another bill of the 82nd Legislature, First Called Session, 2011, enacting the Interstate Health Care Compact becomes law.
|
Relating to creation of a study committee for the Interstate Health Care Compact.
|
Relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students.
|
AN ACT relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 28.025, Education Code, is amended by adding Subsection (c-2) to read as follows: (c-2) The State Board of Education shall adopt rules requiring students enrolled in grade level 12 to complete a course on the United States Constitution as part of a district's social studies curriculum. SECTION 2. Section 28.025(c-2), Education Code, as added by this Act, applies beginning with students who enter the ninth grade during the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to inclusion of a course on the United States Constitution in the curriculum requirements for public high school students.
|
Relating to the governance of home-rule school districts.
|
AN ACT relating to the governance of home-rule school districts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 12.011, Education Code, is amended by amending Subsection (b) and adding Subsections (c) and (d) to read as follows: (b) The adoption of a home-rule school district charter by a school district does not affect: (1) the district's boundaries; [or] (2) taxes or bonds of the district authorized before the effective date of the charter;or (3) the governing structure of the district or the campuses.(c) A reference in this code or other law to: (1) a home-rule school district means a home-rule school district under this subchapter; and (2) the governing body of a home-rule school district means the board of trustees of a home-rule school district under this subchapter. (d) For purposes of applicable federal and state laws and rules as provided by Sections 12.012 and 12.013: (1) a home-rule school district has the same legal status as any other school district; and (2) a home-rule school district board of trustees has the same legal status as the board of trustees of any other school district. SECTION 2. Section 12.013, Education Code, is amended by amending Subsection (a) and adding Subsections (c) and (d) to read as follows: (a) A home-rule school district and a home-rule school district board of trustees have [has] the powers and entitlements granted to school districts and school district boards of trustees,respectively, under this title and rules adopted under this title,including taxing authority. (c) A home-rule school district and a home-rule school district board of trustees are subject to Subchapters A, C, D, and E, Chapter 11, excluding Sections 11.1511(b)(5) and (14) and Section 11.162. A reference in Chapter 11 to a statute that does not otherwise apply to a home-rule school district, home-rule school district board of trustees, or home-rule school district employee does not by implication apply that statute to a home-rule school district, home-rule district board of trustees, or home-rule district employee. (d) The home-rule school district board of trustees shall make decisions relating to terminating the employment of district employees employed under a contract. SECTION 3. Subchapter B, Chapter 12, Education Code, is amended by adding Section 12.0135 to read as follows: Sec. 12.0135. UNIFORM NOTICE REQUIREMENTS. (a) In addition to notice required under Chapter 551, Government Code, a home-rule school district board of trustees shall provide notice of: (1) the appointment of a charter commission under Section 12.014; (2) each meeting of the charter commission under Section 12.015; and (3) the board meeting required under Section 12.0165. (b) Notice under this section must be provided through: (1) e-mail to media serving the district; (2) posting notice on the school district's Internet website, in the office of each school campus in the district, and in the district's central administrative office; and (3) e-mail to district employees and parents if practicable. SECTION 4. Section 12.014, Education Code, is amended to read as follows: Sec. 12.014. APPOINTMENT OF CHARTER COMMISSION. The board of trustees of a school district shall appoint a charter commission to frame a home-rule school district charter if: (1) the board receives a petition requesting the appointment of a charter commission [to frame a home-rule school district charter] signed by at least five percent of the registered voters of the district; or (2) at least two-thirds of the total membership of the board adopt a resolution ordering that a charter commission be appointed. SECTION 5. Section 12.015(c), Education Code, is amended to read as follows: (c) The charter commission must complete and recommend to the school district board of trustees in the meeting under Section 12.0165 a proposed charter not later than the first anniversary of the date of its appointment. The board may set an earlier deadline to complete and recommend the proposed charter under this section. After the commission makes its recommendation [that date],the commission expires and the appointment under Section 12.014 is void. SECTION 6. Subchapter B, Chapter 12, Education Code, is amended by adding Section 12.0165 to read as follows: Sec. 12.0165. BOARD ADOPTION OF PROPOSED CHARTER. (a) Not later than the 30th day after the date a school district board of trustees receives a proposed charter from the charter commission, the board shall hold an open meeting at which the charter commission shall present the proposed charter to the board for approval. Any community member, parent, student, or employee of the district may be present and participate in the meeting. (b) Not later than the 10th day or earlier than the 30th day before the date of the open meeting, at least three copies of the proposed charter must be available in the office of each school campus in the district and in the school district's central administrative office. A summary of the content of the proposed charter must be attached to each copy. A copy of the proposed charter and the summary must be posted on the district's Internet website. Notice of the meeting as required under Section 12.0135 must include a statement of where and how copies of the proposed charter may be obtained or viewed. The summary must be: (1) made available to district employees, parents, community members, and members of the media; and (2) e-mailed to district employees and parents if practicable. (c) The school district board of trustees may amend the proposed charter. The board must adopt any amendments and the proposed charter, including any amendments adopted, by majority vote of the board. SECTION 7. Section 12.018, Education Code, is amended to read as follows: Sec. 12.018. LEGAL REVIEW. The school district board of trustees [charter commission] shall submit the proposed charter to the commissioner. As soon as practicable, but not later than the 30th day after the date the commissioner receives the proposed charter, the commissioner shall review the proposed charter to ensure that the proposed charter complies with any applicable laws and shall recommend to the board [charter commission] any modifications necessary. If the commissioner does not act within the prescribed time, the proposed charter is approved. SECTION 8. Sections 12.019(c) and (d), Education Code, are amended to read as follows: (c) At least three copies of the proposed charter must be available in the office of each school campus in the district and in [at] the district's central administrative office between the date of the election order and election day. A copy of the proposed charter and a summary of the content of the proposed charter must be posted on the district's Internet website. Notice of the election must include a statement of where and how copies of the proposed charter may be obtained or viewed. The [A] summary of the content of the proposed charter shall be attached to each copy. The summary also shall be:(1) made available to school district employees, parents, community members, and members of the media;and (2) e-mailed to district employees and parents if practicable.(d) The ballot shall be printed to permit voting for or against the proposition "Whether the (name of school district) School District shall be governed under the home-rule school district charter, which is adopted [proposed by a charter commission appointed] by the board of trustees and under which only certain laws and rules apply to the district." SECTION 9. Section 12.020(f), Education Code, is amended to read as follows: (f) At least three copies of the proposed charter amendment must be available in the office of each school campus in the school district and in the district's central administrative office between the date of the election order and election day. A summary of the content of the proposed charter amendment must be attached to each copy. A copy of the proposed charter amendment and the summary of the proposed charter amendment must be posted on the district's Internet website. Notice of the election must include a substantial copy of the proposed charter amendment and must include a statement of where and how copies of the proposed charter amendment may be obtained or viewed.The summary must be: (1) made available to district employees, parents, community members, and members of the media; and (2) e-mailed to district employees and parents if practicable. SECTION 10. Section 12.023(a), Education Code, is amended to read as follows: (a) As soon as practicable after [a school district adopts] a home-rule school district charter or charter amendment is adopted,the president of the school district board of trustees shall certify to the secretary of state a copy of the charter or amendment showing the approval by the voters of the district. SECTION 11. Section 12.030(g), Education Code, is amended to read as follows: (g) The rescission takes effect on a date established by resolution of the governing body but not later than the beginning of the following school year [90th day] after the date of an election held under this section at which [rescission of the charter is approved and at which] the number of registered voters required under Subsection (f) vote. As soon as practicable after that election, the governing body shall notify the commissioner and the secretary of state of the results of the election and of the effective date of the rescission. SECTION 12. The following provisions of the Education Code are repealed: (1) Section 12.017; (2) Section 12.020(j); (3) Section 12.025; and (4) Section 12.026. SECTION 13. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the governance of home-rule school districts.
|
Relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.
|
AN ACT relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.103(a), Education Code, is amended to read as follows: (a) The board of trustees of a school district may terminate the employment of a teacher employed under a probationary contract at the end of the contract period if in the board's judgment the best interests of the district will be served by terminating the employment. The board of trustees must give notice of its decision to terminate the employment to the teacher not later than the 15th [45th] day before the last day of instruction required under the contract. The notice must be delivered personally to the teacher or mailed by prepaid certified mail to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. The board's decision is final and may not be appealed. SECTION 2. Section 21.206(a), Education Code, is amended to read as follows: (a) Not later than the 15th [45th] day before the last day of instruction in a school year, the board of trustees shall notify in writing each teacher whose contract is about to expire whether the board proposes to renew or not renew the contract. The notice must be delivered personally to the teacher or mailed by prepaid certified mail to the teacher's address of record with the district. Notice that is mailed in accordance with this subsection is considered given at the time of mailing. SECTION 3. The change in law made by Sections 21.103 and 21.206, Education Code, as amended by this Act, applies beginning with contracts for the 2012-2013 school year. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to notice required for termination of a teacher's probationary contract or nonrenewal of a teacher's term contract.
|
Relating to requirements for students to be assessed in certain subjects and in certain grades.
|
AN ACT relating to requirements for students to be assessed in certain subjects and in certain grades. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.023, Education Code, is amended by amending Subsection (a) and adding Subsections (a-2) through (a-7) to read as follows: (a) The agency shall adopt or develop appropriate criterion-referenced assessment instruments designed to assess essential knowledge and skills in reading, writing, mathematics, social studies, and science. All students, except students assessed under Subsection (b) or (l) or exempted under Section 39.027, shall be assessed in: (1) mathematics, [annually] in grades three [through seven] and five without the aid of technology and in grade eight with the aid of technology on any assessment instrument that includes algebra; (2) reading, [annually] in grades three,[through] five and eight; (3) writing, including spelling and grammar, in grades [four] five and seven eight;(4) social studies, in grade eight; and (5) science, in grades five and eight;and [(6) any other subject and grade required by federal law].(a-2) Any student who scores below a score of the passing standard plus one hundred scale score points on the last mathematics assessment taken by that student in grade three, and who is promoted to grade four, shall be assessed in mathematics in grade four. Any student who scores below a score of the passing standard plus one hundred scale score points on the last reading assessment taken by that student in grade three, and who is promoted to grade four, shall be assessed in reading in grade four. (a-3) Any student who scores below a score of the passing standard plus one hundred scale score points on the last assessment taken by that student in a subject or subjects in grade five, and who is promoted to grade six, shall be assessed in that subject or subjects in grade six. (a-4) Any student who scores below a score of the passing standard plus one hundred scale score points on the last assessment taken by that student in a subject or subjects in grade six, and who is promoted to grade seven, shall be assessed in that subject or subjects in grade seven. (a-5) Students assessed in mathematics under subsections (a-2), (a-3) or (a-4) shall be assessed without the aid of technology. (a-6) A school district or open-enrollment charter school may, at the discretion of the school district or open-enrollment charter school and for its own use, administer the assessment instruments developed to assess students under subsections (a-2), (a-3) or (a-4) to additional students other than those required to be assessed by those subsections. On request of the school district or open-enrollment charter school, the agency shall provide assessment instruments for such students, and any services normally provided by the agency related to administering and scoring the assessment for required students, in the same manner and at the same cost as for required students. The results of such discretionary testing shall not be included as an indicator of student achievement under Section 39.053(c) or any other section. (a-7) To the extent that exempting successful students from assessment in a subsequent grade or grades under the previous subsections is determined to be contrary to federal law, the commissioner shall seek waivers from such federal law. In seeking any such waivers, the commissioner shall use all relevant data, including, but not limited to, data relating to the likelihood that students who score above the passing standard plus one hundred scale score points will score above the passing standard in subsequent years, the costs of assessing such students, and the benefits of increased emphasis on bringing lower-scoring students up to standard within one year. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to requirements for students to be assessed in certain subjects and in certain grades.
|
Relating to unpaid furloughs for state employees.
|
AN ACT relating to unpaid furloughs for state employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 658.007, Government Code, is amended by adding Subsections (c), (d), and (e) to read as follows: (c) Notwithstanding other law, including Sections 658.003 and 658.004, or terms of contract, an institution of higher education may establish a mandatory employee furlough or work reduction program as necessary to increase efficiency, reduce the cost of operations, or otherwise address the financial condition of the institution. While a furlough or work reduction program is in effect, the terms and conditions of the program apply notwithstanding other law. Any reduction in costs or savings attained by the institution as a result of a furlough or work reduction program shall be retained and expended by the institution and shall not be accounted for in an appropriations act in such a way as to reduce the general revenue or other appropriations to the institution. (d) Sections 658.011(e)-(g) apply to a mandatory furlough or work reduction program adopted by an institution of higher education under Subsection (c). (e) An individual participating in an involuntary furlough or work reduction program who receives benefits under Chapter 1601, Insurance Code, remains eligible for benefits in accordance with rules adopted by the applicable system as defined by Section 1601.003, Insurance Code. SECTION 2. Chapter 658, Government Code, is amended by adding Section 658.011 to read as follows: Sec. 658.011. INVOLUNTARY FURLOUGH PROGRAM. (a) In this section, "state agency" means a board, commission, office, department, or other agency in the executive, judicial, or legislative branch of state government. The term does not include an institution of higher education as defined by Section 61.003, Education Code. (b) On approval of the governing body of the state agency, the executive director of a state agency may require an employee of the state agency to participate in an involuntary furlough program without pay in order to balance the state agency's budget. (c) The state agency implementing an involuntary furlough program under this section shall reduce an employee's compensation in an amount equal to the number of hours the employee is furloughed times the employee's hourly rate or equivalent hourly rate as provided by Section 659.085. (d) Except as provided by Subsection (g), a state employee may not use vacation, sick, or any other paid leave while the employee is on an unpaid furlough. (e) An unpaid furlough under this section does not constitute a break in service for the state employee. (f) A state employee who is on unpaid furlough continues to accrue: (1) state service credit for purposes of longevity pay; (2) vacation leave; and (3) sick leave. (g) A state employee on an unpaid furlough that exceeds one month in length may continue to accrue service credit with the Employees Retirement System of Texas or Teacher Retirement System of Texas by receiving state pay during each month of the unpaid furlough in an amount equal to the employee's contribution to the retirement system under Section 815.402 or 825.403, as appropriate. The employee may use any combination of paid leave, including state compensatory leave, overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), sick leave, or annual leave to qualify for the state pay. SECTION 3. Section 659.043, Government Code, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding Subsections (a)(1) and (2), an employee participating in an involuntary furlough program under Section 658.011 who is otherwise eligible for longevity pay is entitled to longevity pay. SECTION 4. Subchapter K, Chapter 659, Government Code, is amended by adding Section 659.264 to read as follows: Sec. 659.264. CERTAIN SALARY REDUCTIONS AT INSTITUTIONS OF HIGHER EDUCATION. Notwithstanding other law or terms of contract, subject solely to procedures and rules adopted by the governing board, an institution of higher education may establish a program of temporary or permanent salary reductions as necessary to reduce cost of operations or otherwise address the financial condition of the institution. SECTION 5. Section 811.001(7), Government Code, is amended to read as follows: (7) "Compensation" means the base salary of a person; amounts that would otherwise qualify as compensation but are not received directly by a person pursuant to a good faith, voluntary, written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125 of the Internal Revenue Code of 1986 (26 U.S.C. Section 125); longevity and hazardous duty pay; nonmonetary compensation, the value of which is determined by the retirement system; amounts by which a person's salary is reduced under a salary reduction agreement authorized by Chapter 610; amounts by which a person's salary is reduced under an involuntary furlough program under Section 658.011; and the benefit replacement pay a person earns under Subchapter H, Chapter 659, [as added by Chapter 417, Acts of the 74th Legislature, 1995] except for the benefit replacement pay a person earns as a result of a payment made under Subchapter B, C, or D, Chapter 661. The term excludes overtime pay and a cleaning or clothing allowance. SECTION 6. Section 822.201(b), Government Code, is amended to read as follows: (b) "Salary and wages" as used in Subsection (a) means: (1) normal periodic payments of money for service the right to which accrues on a regular basis in proportion to the service performed; (2) amounts by which the member's salary is reduced under a salary reduction agreement authorized by Chapter 610; (3) amounts that would otherwise qualify as salary and wages under Subdivision (1) but are not received directly by the member pursuant to a good faith, voluntary written salary reduction agreement in order to finance payments to a deferred compensation or tax sheltered annuity program specifically authorized by state law or to finance benefit options under a cafeteria plan qualifying under Section 125 of the Internal Revenue Code of 1986, if: (A) the program or benefit options are made available to all employees of the employer; and (B) the benefit options in the cafeteria plan are limited to one or more options that provide deferred compensation, group health and disability insurance, group term life insurance, dependent care assistance programs, or group legal services plans; (4) performance pay awarded to an employee by a school district as part of a total compensation plan approved by the board of trustees of the district and meeting the requirements of Subsection (e); (5) the benefit replacement pay a person earns under Subchapter H, Chapter 659, except as provided by Subsection (c); (6) stipends paid to teachers in accordance with Section 21.410, 21.411, 21.412, or 21.413, Education Code; (7) amounts by which the member's salary is reduced or that are deducted from the member's salary as authorized by Subchapter J, Chapter 659; (8) a merit salary increase made under Section 51.962, Education Code; (9) amounts received under the relevant parts of the educator excellence awards program under Subchapter O, Chapter 21, Education Code, or a mentoring program under Section 21.458, Education Code, that authorize compensation for service; (10) salary amounts designated as health care supplementation by an employee under Subchapter D, Chapter 22, Education Code; [and] (11) to the extent required by Sections 3401(h) and 414(u)(2), Internal Revenue Code of 1986, differential wage payments received by an individual from an employer on or after January 1, 2009, while the individual is performing qualified military service as defined by Section 414(u), Internal Revenue Code of 1986;and (12) amounts by which a person's salary is reduced under an involuntary furlough or work reduction program under Section 658.007.SECTION 7. Subchapter C, Chapter 1551, Insurance Code, is amended by adding Section 1551.1015 to read as follows: Sec. 1551.1015. INVOLUNTARY FURLOUGH PROGRAM. An individual is eligible to participate in the group benefits program if the individual would otherwise be eligible to participate in the program under this subchapter except that the individual is not receiving compensation for service because the individual is participating in an involuntary furlough program under Section 658.007 or 658.011, Government Code. SECTION 8. Section 1551.319, Insurance Code, is amended by adding Subsection (g) to read as follows: (g) For purposes of determining whether an individual is a full-time or part-time employee under this section, any reduction in the employee's hours that results from the employee's participation in an involuntary furlough program under Section 658.007 or 658.011, Government Code, may not be considered. SECTION 9. Subchapter G, Chapter 1551, Insurance Code, is amended by adding Section 1551.325 to read as follows: Sec. 1551.325. CONTRIBUTIONS AND PAYMENTS FROM CERTAIN EMPLOYEES. (a) An employee participating in an involuntary furlough program under Section 658.007 or 658.011, Government Code, for a period of a month or more shall make the contributions required for the coverage selected by the employee, including any amount of a salary reduction agreement under a cafeteria plan, as required by the trustee. (b) The employee is entitled to receive compensation for any combination of paid leave, including state compensatory leave, overtime leave under the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), sick leave, or annual leave, to the extent necessary to make the required contribution. SECTION 10. This Act takes effect October 1, 2011.
|
Relating to unpaid furloughs for state employees.
|
Relating to the posting of the Ten Commandments in public school classrooms.
|
AN ACT relating to the posting of the Ten Commandments in public school classrooms. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 11, Education Code, is amended by adding Section 11.172 to read as follows: Sec. 11.172. POSTING OF TEN COMMANDMENTS. The board of trustees of an independent school district may not prohibit the posting of a copy of the Ten Commandments in a prominent location in a district classroom. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the posting of the Ten Commandments in public school classrooms.
|
Relating to elementary class size limits in public schools.
|
AN ACT relating to elementary class size limits in public schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 25.112, Education Code, is amended by amending Subsection (d) and adding Subsection (d-1) to read as follows: (d) On application of a school district, the commissioner may except the district from the limit in Subsection (a) if the commissioner:(1) finds the limit works an undue hardship on the district;or (2) determines that as a result of a reduction in state funding levels, the amount of state and local funds per weighted student available to the district is less than the amount of state and local funds per weighted student available to the district in the preceding school year.(d-1) An exception under Subsection (d) expires at the end of the school year for which it is granted. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to elementary class size limits in public schools.
|
Relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another.
|
AN ACT relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.088 to read as follows: Sec. 33.088. ELIGIBILITY OF CERTAIN TRANSFER STUDENTS. (a) Except as provided by Subsection (b), a student who transfers to a school or moves into the attendance zone of a school for the purpose of participating in a specific extracurricular activity or a specific University Interscholastic League competition offered at that school is not ineligible to participate in the activity or competition if: (1) the activity or competition is not offered at the school from which the student transferred or moved; and (2) the student is otherwise eligible to participate in the activity or competition. (b) The University Interscholastic League may adopt rules providing that a student who two or more times during a school year transfers to a school or moves into the attendance zone of a school for the purpose of participating in a specific league competition offered at that school is ineligible to participate in the competition. SECTION 2. This Act applies beginning with the 2011-2012 school year. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the eligibility of a student to participate in extracurricular activities or competitions after transferring or moving from one public school to another.
|
Relating to providing for efficient government resource allocation.
|
AN ACT relating to providing for efficient government resource allocation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 42 Education Code is amended by adding a new section as follows: Sec. 42.502. Taxpayer Savings Grant Program. Any parent or legal guardian of a school-age child who resides in Texas and is entering kindergarten or attended a public school for all of the academic year prior their participation in this program, who is willing to help the State of Texas save money by accepting less than the average per-pupil maintenance and operations expenditure in the district in which they reside, may receive reimbursement from the state for tuition paid for enrollment of said child at a private school in the amount of actual tuition or sixty percent of the state average per-pupil maintenance and operations expenditure, whichever is less, and the gratitude of the State of Texas. Section 2. Within 45 days of the passage of this Act, the Comptroller shall adopt rules solely to effectuate reimbursement and prevent fraud in financial transactions under this program. Such rules shall include the method for counting Taxpayer Savings Grant students in the Foundation School Program and the consequent savings therefrom. No funds from the Available School Fund shall be used for Taxpayer Savings Grants. Section 3. This act takes effect immediately if it receives a vote of two-thirds of all members elected to each house, as provided by Section 39.
|
Relating to providing for efficient government resource allocation.
|
Relating to a person's ability to read and write in English as a qualification for service as a petit juror.
|
AN ACT relating to a person's ability to read and write in English as a qualification for service as a petit juror. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Article 35.16(a), Code of Criminal Procedure, is amended to read as follows: (a) A challenge for cause is an objection made to a particular juror, alleging some fact which renders the juror incapable or unfit to serve on the jury. A challenge for cause may be made by either the state or the defense for any one of the following reasons: 1. That the juror is not a qualified voter in the state and county under the Constitution and laws of the state; provided, however, the failure to register to vote shall not be a disqualification; 2. That the juror has been convicted of misdemeanor theft or a felony; 3. That the juror is under indictment or other legal accusation for misdemeanor theft or a felony; 4. That the juror is insane; 5. That the juror has such defect in the organs of feeling or hearing, or such bodily or mental defect or disease as to render the juror unfit for jury service, or that the juror is legally blind and the court in its discretion is not satisfied that the juror is fit for jury service in that particular case; 6. That the juror is a witness in the case; 7. That the juror served on the grand jury which found the indictment; 8. That the juror served on a petit jury in a former trial of the same case; 9. That the juror has a bias or prejudice in favor of or against the defendant; 10. That from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the defendant as would influence the juror in finding a verdict. To ascertain whether this cause of challenge exists, the juror shall first be asked whether, in the juror's opinion, the conclusion so established will influence the juror's verdict. If the juror answers in the affirmative, the juror shall be discharged without further interrogation by either party or the court. If the juror answers in the negative, the juror shall be further examined as to how the juror's conclusion was formed, and the extent to which it will affect the juror's action; and, if it appears to have been formed from reading newspaper accounts, communications, statements or reports or mere rumor or hearsay, and if the juror states that the juror feels able, notwithstanding such opinion, to render an impartial verdict upon the law and the evidence, the court, if satisfied that the juror is impartial and will render such verdict, may, in its discretion, admit the juror as competent to serve in such case. If the court, in its discretion, is not satisfied that the juror is impartial, the juror shall be discharged; 11. That the juror cannot read or write English.No juror shall be impaneled when it appears that the juror is subject to the second, third or fourth grounds of challenge for cause set forth above, although both parties may consent. All other grounds for challenge may be waived by the party or parties in whose favor such grounds of challenge exist. In this subsection "legally blind" shall mean having not more than 20/200 of visual acuity in the better eye with correcting lenses, or visual acuity greater than 20/200 but with a limitation in the field of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees. SECTION 2. Section 62.102, Government Code, is amended to read as follows: Sec. 62.102. GENERAL QUALIFICATIONS FOR JURY SERVICE. A person is disqualified to serve as a petit juror unless the person: (1) is at least 18 years of age; (2) is a citizen of this state and of the county in which the person is to serve as a juror; (3) is qualified under the constitution and laws to vote in the county in which the person is to serve as a juror; (4) is of sound mind and good moral character; (5) is able to read and write English;(6) has not served as a petit juror for six days during the preceding three months in the county court or during the preceding six months in the district court; (7) has not been convicted of misdemeanor theft or a felony; and (8) is not under indictment or other legal accusation for misdemeanor theft or a felony. SECTION 3. Section 62.103(a), Government Code, is amended to read as follows: (a) A court may suspend the qualification for jury service that requires a person to be able to read and write English if it appears to the court that the requisite number of jurors able to read and write English cannot be found in the county. SECTION 4. The heading to Section 62.109, Government Code, is amended to read as follows: Sec. 62.109. EXEMPTION FOR PHYSICAL OR MENTAL IMPAIRMENT [OR INABILITY TO COMPREHEND ENGLISH].SECTION 5. Sections 62.109(a), (b), and (f), Government Code, are amended to read as follows: (a) The judge of a district court by order may permanently or for a specified period exempt from service as a juror in all the county and district courts in the county a person with a physical or mental impairment [or with an inability to comprehend or communicate in the English language] that makes it impossible or very difficult for the person to serve on a jury. (b) At the time the person is summoned for jury service or at any other time, a [A] person requesting an exemption under this section must:(1) submit to the court an affidavit stating the person's name and address and the reason for and the duration of the requested exemption;and (2) [. A person requesting an exemption due to a physical or mental impairment must] attach to the affidavit a statement from a physician. [The affidavit and physician's statement may be submitted to the court at the time the person is summoned for jury service or at any other time.] (f) An affidavit accompanying a request for an exemption from jury service under this section [because of a physical or mental impairment] may be presented by the affiant or by a friend or relative of the affiant. The affidavit must state: (1) the name and address of the physician whose statement accompanies the affidavit; (2) whether the request is for a permanent or temporary exemption; (3) the period of time for which a temporary exemption is requested; and (4) that as a direct result of the physical or mental impairment it is impossible or very difficult for the affiant to serve on a jury. SECTION 6. Section 62.109(g), Government Code, is repealed. SECTION 7. The change in law made by this Act applies only to a juror who is impaneled on or after the effective date of this Act. A juror who is impaneled before the effective date of this Act is governed by the law in effect on the date the juror is impaneled, and the former law is continued in effect for that purpose. SECTION 8. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to a person's ability to read and write in English as a qualification for service as a petit juror.
|
Recognizing Ruby Minelva Nanton of Houston on the occasion of her 100th birthday.
|
WHEREAS, The Senate of the State of Texas is pleased to pay tribute to Ruby Minelva Nanton of Houston on the grand occasion of her 100th birthday; and WHEREAS, Ruby Minelva Nanton was born on the Caribbean island of Saint Vincent on March 15, 1909; she realized her long-held wish to immigrate to the United States on June 20, 1998, and she proudly became a citizen on July 20, 2007; and WHEREAS, Her profession was bookkeeping; throughout her life she has maintained interests in reading, dancing, singing, gardening, making cakes and pastries, and writing letters; she is well known for her spirit of volunteerism, her leadership, her compassion for others, and her enthusiasm for living each day to the fullest; and WHEREAS, An Anglican from birth, she has remained dedicated to her faith; she is an active member of Saint James Episcopal Church in Houston, where she regularly attends Sunday services and church activities and enjoys her weekly senior group, known as The Wednesday Bunch; and WHEREAS, A beloved matriarch, Ruby Nanton is the source of much genealogical information for her children and her extended family, many of whom will join her and honor her as she celebrates the 100th anniversary of her birth; now, therefore, be it RESOLVED, That the Senate of the State of Texas, 81st Legislature, hereby recognize Ruby Minelva Nanton as a treasured citizen of the State of Texas and extend to her best wishes on her 100th birthday; and, be it further RESOLVED, That a copy of this Resolution be prepared for her as a memento of this special day. Ellis President of the Senate I hereby certify that the above Resolution was adopted by the Senate on February 2, 2009.
|
Recognizing Ruby Minelva Nanton of Houston on the occasion of her 100th birthday.
|
Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.
|
AN ACT relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The legislature finds that the changes in law made by this Act will reduce the state's costs for health care and for treatment of smoking-related illness under governmentally funded insurance programs for state employees and their dependents and under other taxpayer-supported programs, such as Medicaid and indigent health care. SECTION 2. (a) Chapter 172, Health and Safety Code, as added by this Act, takes effect on the 90th day after the date the executive commissioner of the Health and Human Services Commission: (1) certifies in writing that prohibiting smoking in certain public places in accordance with Chapter 172, Health and Safety Code, as added by this Act, will reduce this state's Medicaid expenditures in the state fiscal biennium ending August 31, 2013, by at least $10 million paid from any revenue source or by $4 million paid from the general revenue fund; and (2) publishes the certification in the Texas Register. (b) On publication of the certification as described by Subsection (a)(2) of this section, the Health and Human Services Commission shall post on the commission's Internet website a copy of that certification and notice of the requirements of Chapter 172, Health and Safety Code, as added by this Act. (c) Not later than the 30th day after the date the executive commissioner of the Health and Human Services Commission publishes the certification as described by Subsection (a)(2) of this section, the Department of State Health Services, the Alcoholic Beverage Commission, and each county, public health district, and local health department shall: (1) post a copy of the certification on its Internet website; or (2) provide notice to holders subject to Chapter 172, Health and Safety Code, as added by this Act, of the requirements of that chapter. (d) If the executive commissioner of the Health and Human Services Commission fails to provide the certification required by Subsection (a) of this section on or before January 1, 2012, this Act expires and Chapter 172, Health and Safety Code, does not take effect. SECTION 3. Subtitle H, Title 2, Health and Safety Code, is amended by adding Chapter 172 to read as follows: CHAPTER 172. SMOKING PROHIBITED IN CERTAIN PUBLIC PLACES SUBCHAPTER A. GENERAL PROVISIONS Sec. 172.001. DEFINITIONS. In this chapter: (1) "Bar" means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of alcoholic beverages for on-premises consumption. (2) "Department" means the Department of State Health Services. (3) "Enclosed area" means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, that extend from the floor to the ceiling. (4) "Public place" means an enclosed area the public is invited or allowed to enter, including a bar and a restaurant. (5) "Restaurant" means an enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located at the establishment. (6) "Smoke" means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe, or other smoking equipment in any manner. (7) "Tobacco bar" means a business that: (A) has in excess of 15 percent of gross sales in tobacco products, as that term is defined by Section 155.001, Tax Code, excluding sales derived from vending machines; (B) holds a permit under Chapter 155, Tax Code; and (C) holds an alcoholic beverage permit or license issued under Chapter 25, 28, 32, or 69, Alcoholic Beverage Code, or under Section 11.10, Alcoholic Beverage Code. (8) "Tobacco shop" means a business primarily devoted to the sale of tobacco products, as that term is defined by Section 155.001, Tax Code, that does not hold an alcoholic beverage permit or license. Sec. 172.002. APPLICABILITY. (a) Except as provided by Section 172.053, this chapter applies only to a public place that is owned, managed, operated, or controlled under a license, certificate, registration, or other authority or permit issued for the public place or to a person who owns, manages, operates, or controls the public place by the Department of State Health Services, the Alcoholic Beverage Commission, or a local health department or, with respect to a permit requirement authorized by Chapter 437, a county or public health district. (b) Except as provided by Subsection (c), this chapter preempts and supersedes a local ordinance, rule, or regulation adopted by any political subdivision of this state relating to smoking. (c) To the extent that a local ordinance, rule, or regulation adopted by a political subdivision of this state prohibits or restricts smoking to a greater degree than this chapter, the ordinance, rule, or regulation is not preempted or superseded by this chapter. (d) This chapter does not preempt or supersede Section 38.006, Education Code. Sec. 172.003. OTHER APPLICABLE LAWS. This chapter may not be construed to authorize smoking where it is restricted by other applicable law. Sec. 172.004. LIBERAL CONSTRUCTION. This chapter shall be liberally construed to further its purpose. [Sections 172.005-172.050 reserved for expansion] SUBCHAPTER B. PROHIBITED ACTS Sec. 172.051. SMOKING PROHIBITED IN PUBLIC PLACES. A person may not smoke in a public place in this state. Sec. 172.052. EXCEPTIONS. (a) This subchapter does not apply to: (1) a tobacco shop; (2) a tobacco bar; (3) the outdoor area of a restaurant or bar; (4) an outdoor porch or patio that is not accessible to the public; (5) the set of a motion picture, television, or theater production; or (6) a convention of tobacco-related businesses in a municipality where a convention of tobacco-related businesses is expressly authorized under an applicable municipal ordinance. (b) The exception under Subsection (a)(5) applies only to an actor who is portraying the use of a tobacco product during the motion picture, television, or theater production. Sec. 172.053. DECLARATION OF ESTABLISHMENT AS NONSMOKING. (a) An owner, operator, manager, or other person in control of any establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. (b) A person may not smoke in a place in which a sign conforming to the requirements of Section 172.054 is posted. Sec. 172.054. DUTIES OF OWNER, MANAGER, OR OPERATOR OF PUBLIC PLACE. An owner, manager, or operator of a public place shall: (1) post clearly and conspicuously in the public place: (A) a sign with the words "No Smoking"; or (B) a sign with the international "No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across the cigarette; (2) post at each entrance to the public place a conspicuous sign clearly stating that smoking is prohibited; and (3) remove all ashtrays from any area in which smoking is prohibited. [Sections 172.055-172.100 reserved for expansion] SUBCHAPTER C. ENFORCEMENT AND PENALTIES Sec. 172.101. ENFORCEMENT. (a) The department shall enforce this chapter. (b) A governmental entity described by Section 172.002(a) that issues a license, certificate, registration, or other authority or permit for a public place or to a person who owns, manages, operates, or controls the public place shall provide notice to each applicant for the permit or authority of the provisions of this chapter. (c) A person may file with the department a complaint concerning a violation of this chapter. (d) The department or another agency of this state or a political subdivision of this state designated by the department may inspect an establishment for compliance with this chapter. (e) An employer or an owner, manager, operator, or employee of an establishment regulated under this chapter shall inform a person violating this chapter of the appropriate provisions pertaining to the violation. Sec. 172.102. INJUNCTIVE RELIEF. In addition to the other remedies provided by this chapter, the attorney general at the request of the department, or a person aggrieved by a violation of this chapter, may bring an action for injunctive relief to enforce this chapter. Sec. 172.103. OFFENSES; PENALTIES. (a) A person who violates Section 172.051 or 172.053(b) commits an offense. An offense under this subsection is a Class Cmisdemeanor punishable by a fine not to exceed $50. (b) An owner, manager, or operator of a public place who violates Section 172.054 commits an offense. An offense under this subsection is a Class Cmisdemeanor punishable by a fine not to exceed $100. (c) If it is shown on the trial of an offense under Subsection (b) that the defendant has previously been finally convicted of an offense under that subsection that occurred within one year before the date of the offense that is the subject of the trial, on conviction the defendant shall be punished by a fine not to exceed $200. (d) If it is shown on the trial of an offense under Subsection (b) that the defendant has previously been finally convicted of two offenses under that subsection that occurred within one year before the date of the offense that is the subject of the trial, on conviction the defendant shall be punished by a fine not to exceed $500. (e) If conduct that constitutes an offense under this section also constitutes an offense under another law, the offense may be prosecuted under this section, the other law, or both this section and the other law. Sec. 172.104. SEPARATE VIOLATIONS. Each day on which a violation of this chapter occurs is considered a separate violation. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to reducing state Medicaid and other health care costs by prohibiting smoking in certain public places; providing penalties.
|
Relating to reporting by state agencies on the financial effect of providing services to illegal immigrants.
|
AN ACT relating to reporting by state agencies on the financial effect of providing services to illegal immigrants. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 2052, Government Code, is amended by adding Section 2052.004 to read as follows: Sec. 2052.004. LEGISLATIVE APPROPRIATIONS REQUEST SUPPORTING SCHEDULE ON FINANCIAL EFFECT OF ILLEGAL IMMIGRATION. (a) In this section, "state agency" has the meaning assigned by Section 2103.001. (b) Each state agency must include with the agency's legislative appropriations request a supporting schedule that provides an accounting of amounts spent by the agency during the state fiscal biennium preceding the biennium for which the legislative appropriations request is made to directly or indirectly provide services to persons who were not lawfully present in the United States, subject to Subsection (e). (c) A state agency that distributes money to a local governmental entity, including a school district, must include in the agency's accounting required by Subsection (b) the amounts distributed to a local governmental entity that the entity spent during the period described by Subsection (b) to provide services to persons who were not lawfully present in the United States, subject to Subsection (e). (d) A state agency, through the agency's governing body or chief administrative officer, as appropriate, may adopt rules requiring local governmental entities to which the agency distributes money to provide sufficiently detailed information to the agency to the extent practicable that will enable the agency to comply with the requirements of Subsection (c). (e) A state agency that does not have available data sufficient to provide the accounting required by Subsection (b), or, if applicable, to include the additional amounts required by Subsection (c), shall base the accounting and included additional amounts on the agency's best estimates of the relevant data. In making those estimates, the agency may use data collected or statistics made available to the agency by sources outside the agency, including community organizations. (f) The Legislative Budget Board shall: (1) compile information reported by state agencies as required by Subsection (b) into a single report; (2) include in the report a summary of the financial effect of state agencies' direct and indirect provision of services to persons who were not lawfully present in the United States; and (3) not later than December 1 of each even-numbered year, submit the report to the presiding officer of each standing committee of the senate and house of representatives having primary jurisdiction over matters relating to state finance and appropriations from the state treasury. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to reporting by state agencies on the financial effect of providing services to illegal immigrants.
|
Relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program.
|
AN ACT relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 2, Code of Criminal Procedure, is amended by adding Article 2.252 to read as follows: Art. 2.252. VERIFICATION OF IMMIGRATION STATUS OF PERSON CHARGED WITH COMMITTING OFFENSE. (a) A local law enforcement agency that has custody of a person who has been arrested and transported to a place of detention shall verify the immigration status of the person by use of the federal Secure Communities program operated by United States Immigration and Customs Enforcement or a successor program. (b) A local law enforcement agency is not required to conduct an immigration status verification under Subsection (a) of a person who is transferred to the custody of the agency by another law enforcement agency if the transferring agency, before transferring custody of the person, conducted an immigration status verification under Subsection (a). SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the duty of a local law enforcement agency to verify the immigration status of certain arrested persons by use of the federal Secure Communities program.
|
Relating to hearings on public school educator contracts.
|
AN ACT relating to hearings on public school educator contracts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 21, Education Code, is amended by adding Section 21.1041 to read as follows: Sec. 21.1041. HEARING UNDER PROBATIONARY CONTRACT. A teacher is entitled to: (1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.104; or (2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board of trustees of the district, if the teacher is protesting proposed action to terminate a probationary contract before the end of the contract period on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel. SECTION 2. Section 21.159(b), Education Code, is amended to read as follows: (b) A teacher who notifies the board of trustees within the time prescribed by Subsection (a) is entitled to:(1) a hearing as provided by Subchapter F, if the teacher is protesting proposed action under Section 21.156; or (2) a hearing in a manner provided under Section 21.207 for nonrenewal of a term contract or a hearing provided by Subchapter F, as determined by the board, if the teacher is protesting proposed action under Section 21.157 or proposed action to terminate a term contract at any time on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel.SECTION 3. Section 21.207, Education Code, is amended by adding Subsection (b-1) and amending Subsection (c) to read as follows: (b-1) The board of trustees may designate an attorney licensed to practice law in this state to hold the hearing on behalf of the board, to create a hearing record for the board's consideration and action, and to recommend an action to the board. The attorney serving as the board's designee may not be employed by a school district and neither the designee nor a law firm with which the designee is associated may be serving as an agent or representative of a school district, of a teacher in a dispute between a district and a teacher, or of an organization of school employees, school administrators, or school boards of trustees. Not later than the 15th day after the completion of the hearing under this subsection, the board's designee shall provide to the board a record of the hearing and the designee's recommendation of whether the contract should be renewed or not renewed. The board shall consider the record of the hearing and the designee's recommendation at the first board meeting for which notice can be posted in compliance with Chapter 551, Government Code, following the receipt of the record and recommendation from the board's designee, unless the parties agree in writing to a different date. At the meeting, the board shall consider the hearing record and the designee's recommendation and allow each party to present an oral argument to the board. The board by written policy may limit the amount of time for oral argument. The policy must provide equal time for each party. The board may obtain advice concerning legal matters from an attorney who has not been involved in the proceedings. The board may accept, reject, or modify the designee's recommendation. The board shall notify the teacher in writing of the board's decision not later than the 15th day after the date of the meeting. (c) At the hearing before the board or the board's designee,the teacher may: (1) be represented by a representative of the teacher's choice; (2) hear the evidence supporting the reason for nonrenewal; (3) cross-examine adverse witnesses; and (4) present evidence. SECTION 4. Section 21.251, Education Code, is amended to read as follows: Sec. 21.251. APPLICABILITY. (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to: (1) terminate the teacher's continuing contract at any time,except as provided by Subsection (b)(3);(2) terminate the teacher's probationary or term contract before the end of the contract period,except as provided by Subsection (b)(3);or (3) suspend the teacher without pay. (b) This subchapter does not apply to: (1) a decision to terminate a teacher's employment at the end of a probationary contract; [or] (2) a decision not to renew a teacher's term contract, unless the board of trustees of the employing district has decided to use the process prescribed by this subchapter for that purpose;or (3) a decision, on the basis of a financial exigency declared under Section 44.011 that requires a reduction in personnel, to terminate a probationary or term contract before the end of the contract period or to terminate a continuing contract at any time, unless the board of trustees has decided to use the process prescribed by this subchapter for that purpose.SECTION 5. Subchapter A, Chapter 44, Education Code, is amended by adding Section 44.011 to read as follows: Sec. 44.011. FINANCIAL EXIGENCY. (a) The board of trustees of a school district may adopt a resolution declaring a financial exigency for the district. The declaration expires at the end of the fiscal year during which the declaration is made unless the board adopts a resolution before the end of the fiscal year declaring continuation of the financial exigency for the following fiscal year. (b) The board is not limited in the number of times the board may adopt a resolution declaring continuation of the financial exigency. (c) A board may terminate a financial exigency declaration at any time if the board considers it appropriate. (d) Each time the board adopts a resolution under this section, the board must notify the commissioner. The commissioner by rule shall prescribe the time and manner in which notice must be given to the commissioner under this subsection. SECTION 6. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to hearings on public school educator contracts.
|
Relating to allocation of state and federal funds for adult basic education.
|
AN ACT relating to allocation of state and federal funds for adult basic education. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 29.255, Education Code, is amended by adding Subsection (c) to read as follows: (c) Notwithstanding any other provision of this subchapter, the agency shall allocate state and federal adult education program funds, other than federal funds set aside for state administration, special projects, and staff development, to each county based on need, performance, and efficiency. SECTION 2. Subchapter H, Chapter 29, Education Code, is amended by adding Section 29.2535 to read as follows: Sec. 29.2535. SERVICE PROVIDER CONTRACTS: COMPETITIVE PROCUREMENT REQUIREMENT. (a) The agency shall use a competitive procurement process to award a contract to a service provider of an adult education program. (b) The agency shall adopt rules to administer this section. SECTION 3. (a) The change in law made by Section 29.2535(a), Education Code, as added by this Act, applies only to a contract entered into on or after September 1, 2012. (b) Not later than August 31, 2012, the Texas Education Agency shall adopt rules to provide for a competitive procurement process to award contracts to service providers of adult education programs as provided by Section 29.2535, Education Code, as added by this Act. SECTION 4. (a) Except as provided by Subsection (b) of this section, this Act takes effect September 1, 2012.
|
Relating to allocation of state and federal funds for adult basic education.
|
Relating to the minimum salary for and minimum service required of certain public school employees.
|
AN ACT relating to the minimum salary for and minimum service required of certain public school employees. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) The following provisions of the Education Code are repealed: (1) Section 21.401; (2) Section 21.402; (3) Section 21.403; (4) Section 21.410(l); (5) Section 21.411(l); (6) Section 21.412(l); (7) Section 21.413(l); (8) Section 29.0821(c); and (9) Section 30.102(b). (b) Section 823.404, Government Code, is repealed. SECTION 2. Sections 12.133(b), (b-1), (c), and (d-1), Education Code, are amended to read as follows: (b) Each school year, using state funds received by the charter holder for that purpose under Subsection (d), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,500. (b-1) Using state funds received by the charter holder for that purpose under Subsection (d-1), a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in average compensation increases as follows: (1) for full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district],an average increase at least equal to $500; and (2) for part-time employees, an average increase at least equal to $250. (c) Each school year, using state funds received by the charter holder for that purpose under Subsection (e), a charter holder that did not participate in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year shall provide employees of the charter holder, other than administrators, compensation in the form of annual salaries, incentives, or other compensation determined appropriate by the charter holder that results in an average compensation increase for classroom teachers, full-time librarians, full-time counselors, and full-time school nurses who are employed by the charter holder [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district] in an amount at least equal to $2,000. (d-1) In addition to any amounts to which a charter holder is entitled under this chapter, a charter holder that participated in the program under Chapter 1579, Insurance Code, for the 2005-2006 school year is entitled to state aid in an amount, as determined by the commissioner, equal to the sum of: (1) the product of $500 multiplied by the number of full-time employees other than full-time classroom teachers, full-time librarians, full-time counselors, and full-time nurses [employees who would be entitled to a minimum salary under Section 21.402 if employed by a school district];and (2) the product of $250 multiplied by the number of part-time employees. SECTION 3. Section 19.007(f), Education Code, is amended to read as follows: (f) In addition to other amounts received by the district under this section, the district is entitled to state aid in an amount equal to the product of $2,000 multiplied by the number of classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, and full-time school nurses who are employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].SECTION 4. Section 19.009(d-1), Education Code, is amended to read as follows: (d-1) Each school year, the district shall pay an amount at least equal to $2,000 to each classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, and full-time school nurse who is employed by the district [and who would be entitled to a minimum salary under Section 21.402 if employed by a school district operating under Chapter 11].A payment under this section is in addition to wages the district would otherwise pay the employee during the school year. SECTION 5. Section 21.0031(b), Education Code, is amended to read as follows: (b) After an employee receives notice that the employee's contract is void under Subsection (a),[: [(1)] a school district may: (1) [(A)] terminate the employee; (2) [(B)] suspend the employee with or without pay; or (3) [(C)] retain the employee for the remainder of the school year on an at-will employment basis in a position other than classroom teacher at the employee's existing rate of pay or at a reduced rate [; and [(2) the employee is not entitled to the minimum salary prescribed by Section 21.402].SECTION 6. Section 21.4031, Education Code, is amended by amending Subsections (a) and (c) and adding Subsection (d) to read as follows: (a) In this section,"service [: [(1) "Salary schedule" means the minimum salary schedule under Section 21.402 or a comparable salary schedule used by a school district that specifies salary amounts based on an employee's level of experience. [(2) "Service] record" means a school district document that indicates the total years of service provided to the district by a classroom teacher, librarian, counselor, or nurse. (c) If a school district fails to provide an individual's service record as required by Subsection (b), the agency shall, to the extent that information is available to the agency, provide the employing school district with the information [sufficient to enable the district to determine proper placement of the individual on the district's salary schedule].(d) The commissioner shall adopt rules for determining the experience as a classroom teacher, librarian, counselor, or nurse for a school district for which an individual is to be given credit for years of service for purposes of a service record. Each district shall maintain service records in accordance with commissioner rules adopted under this subsection. SECTION 7. Subchapter I, Chapter 21, Education Code, is amended by adding Sections 21.4033 and 21.4034 to read as follows: Sec. 21.4033. MINIMUM SALARY FOR CERTAIN PROFESSIONAL STAFF. A school district shall pay each district classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, or full-time school nurse not less than an annual salary of $27,320. Sec. 21.4034. REDUCTIONS IN SALARIES OF CLASSROOM TEACHERS AND OTHER DISTRICT EMPLOYEES. (a) This section applies only to a widespread reduction in the amount of the annual salaries paid to school district classroom teachers based primarily on district financial conditions rather than on teacher performance. (b) For any school year in which a school district has reduced the amount of the annual salaries paid to district classroom teachers from the amount paid for the preceding school year, the district shall reduce the amount of the annual salary paid to each district counselor, librarian, school nurse, and school-level or district-level administrator by a percent or fraction of a percent that is equal to the average percent or fraction of a percent by which teacher salaries have been reduced. SECTION 8. Section 21.4551(e), Education Code, is amended to read as follows: (e) From funds appropriated for that purpose, a teacher who attends a reading academy is entitled to receive a stipend in the amount determined by the commissioner. [A stipend received under this subsection is not considered in determining whether a district is paying the teacher the minimum monthly salary under Section 21.402.] SECTION 9. Section 22.107(a), Education Code, is amended to read as follows: (a) A school district shall pay each full-time district employee, other than an administrator or a classroom teacher, full-time librarian, full-time counselor certified under Subchapter B, Chapter 21, or full-time school nurse [an employee subject to the minimum salary schedule under Section 21.402],an amount at least equal to $500. SECTION 10. Section 30.022(f), Education Code, is amended to read as follows: (f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least [: [(1)] the minimum number of days of instruction required by Section 25.081 [; and [(2) the minimum number of days of service required by Section 21.401].SECTION 11. Section 30.052(f), Education Code, is amended to read as follows: (f) Before the beginning of each fiscal year, the board shall adopt a calendar for the school's operation that provides for at least [: [(1)] the minimum number of days of instruction required by Section 25.081 [; and [(2) the minimum number of days of service required by Section 21.401].SECTION 12. Section 42.2513(a), Education Code, is amended to read as follows: (a) A school district, including a school district that is otherwise ineligible for state aid under this chapter, is entitled to state aid in an amount equal to the sum of: (1) the product of $500 multiplied by the number of full-time district employees, other than administrators or classroom teachers, full-time librarians, full-time counselors certified under Subchapter B, Chapter 21, or full-time school nurses [employees subject to the minimum salary schedule under Section 21.402];and (2) the product of $250 multiplied by the number of part-time district employees, other than administrators. SECTION 13. Section 825.405, Government Code, is amended by amending Subsections (a) and (b) and adding Subsection (j) to read as follows: (a) For members in a personnel position that would have been entitled to the minimum salary for certain school personnel under Section 21.402, Education Code, as that section existed on January 1, 2011, and for members who would have been entitled to the minimum salary for certain school personnel under former Section 16.056, Education Code, as that section existed on January 1, 1995, the employing district shall pay the state's contribution on the portion of the member's salary that exceeds the statutory minimum salary,based on the member's years of experience.(b) For purposes of this section,[: [(1)] the statutory minimum salary is the amount specified below [for certain school personnel under Section 21.402, Education Code, is the salary provided by that section] multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed:Years of Monthly Experience Salary 0 2,732 1 2,791 2 2,849 3 2,908 4 3,032 5 3,156 6 3,280 7 3,395 8 3,504 9 3,607 10 3,704 11 3,796 12 3,884 13 3,965 14 4,043 15 4,116 16 4,186 17 4,251 18 4,313 19 4,372 20 & Over 4,427 [; and [(2) the statutory minimum salary for members who would have been entitled to the minimum salary for certain school personnel under former Section 16.056, Education Code, as that section existed on January 1, 1995, is a minimum salary computed in the same manner as the minimum salary for certain school personnel under Section 21.402, Education Code, multiplied by the cost of education adjustment applicable under Section 42.102, Education Code, to the district in which the member is employed.] (j) At least once every four years, the Legislative Budget Board shall review and make recommendations regarding revision of the portion of the state's contribution for which school districts are responsible under this section. SECTION 14. This Act applies beginning with the 2011-2012 school year. SECTION 15. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the minimum salary for and minimum service required of certain public school employees.
|
Relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax.
|
AN ACT relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 154.021(b), Tax Code, is amended to read as follows: (b) The tax rates are: (1) $123 [$70.50] per thousand on cigarettes weighing three pounds or less per thousand; and (2) the rate provided by Subdivision (1) plus $2.10 per thousand on cigarettes weighing more than three pounds per thousand. SECTION 2. Section 154.053(a), Tax Code, is amended to read as follows: (a) The comptroller shall design and have printed or manufactured cigarette tax stamps. If the comptroller determines that it is necessary for the best enforcement of this chapter, the comptroller shall [may] change the design, color, [or] denomination,technology, or other feature of the stamps. The comptroller shall determine the quantity and the size, design, color, [or] denomination, technology, or other feature [and quantity] of stamps manufactured. The stamps shall be manufactured so that they may be easily and securely attached to an individual package of cigarettes. The comptroller may designate the method of identification for the stamps and shall award the contract for the printing or manufacturing to the person submitting the bid that will give the best protection to the state in enforcing this chapter. SECTION 3. Section 154.054(a), Tax Code, is amended to read as follows: (a) The comptroller may redeem unused cigarette tax stamps that were lawfully issued before a change in the stamps' design, color, [or] denomination,technology, or other feature [change].SECTION 4. Sections 154.058(a) and (d), Tax Code, are amended to read as follows: (a) On the effective date of a tax increase, each distributor, wholesaler, and retailer who has 2,000 or more cigarettes in packages stamped with stamps of an old design, color, [or] denomination,technology, or other feature shall immediately inventory the packages and any unused stamps of an old design, color, [or] denomination,technology, or other feature and file a report of the inventory with the comptroller. (d) This section does not affect the date payment is due for stamps of an old design, color, [or] denomination,technology, or other feature if payment has not been made for the stamps on or before the effective date of the tax increase. SECTION 5. Section 154.6035, Tax Code, is amended to read as follows: Sec. 154.6035. ALLOCATION OF CERTAIN REVENUE TO PROPERTY TAX RELIEF AND GENERAL REVENUE FUNDS [FUND].(a) Notwithstanding Section 154.603, all proceeds from the collection of taxes imposed by this chapter attributable to the portion of the tax rate in excess of $23 [$20.50] per thousand on cigarettes, regardless of weight, shall be deposited to the credit of the property tax relief fund under Section 403.109, Government Code. (b) Notwithstanding Section 154.603, all proceeds from the collection of taxes imposed by this chapter attributable to the portion of the tax rate in excess of $20.50 per thousand on cigarettes, but not exceeding $23 per thousand, regardless of weight, shall be deposited to the credit of an account in the general revenue fund. Money in the account may be appropriated only to the Department of State Health Services for use by the department's Office of Smoking and Health for programs and initiatives to reduce the use of tobacco and tobacco products. SECTION 6. This Act takes effect October 1, 2011.
|
Relating to an increase in the cigarette tax, to the use of revenue from the tax, and to the enforcement of the tax.
|
Relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student.
|
AN ACT relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.0512(a), Education Code, is amended to read as follows: (a) A professional employee of a school district may not be subject to disciplinary proceedings for the employee's objectively reasonable use of physical force against a student to the extent justified under Section 9.62, Penal Code. SECTION 2. This Act applies only to a school district employee disciplinary proceeding for conduct that occurs on or after the effective date of this Act. A school district employee disciplinary proceeding for conduct that occurs before the effective date of this Act is governed by the law in effect on the date the conduct occurs, and that law is continued in effect for that purpose. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to a disciplinary proceeding for a professional employee of a school district based on the employee's use of physical force against a student.
|
Relating to the Interstate Health Care Compact.
|
AN ACT relating to the Interstate Health Care Compact. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Title 15, Insurance Code, is amended by adding Chapter 5002 to read as follows: CHAPTER 5002. INTERSTATE HEALTH CARE COMPACT Sec. 5002.001. EXECUTION OF COMPACT. This state enacts the Interstate Health Care Compact and enters into the compact with all other states legally joining in the compact in substantially the following form: Whereas, the separation of powers, both between the branches of the Federal government and between Federal and State authority, is essential to the preservation of individual liberty; Whereas, the Constitution creates a Federal government of limited and enumerated powers, and reserves to the States or to the people those powers not granted to the Federal government; Whereas, the Federal government has enacted many laws that have preempted State laws with respect to Health Care, and placed increasing strain on State budgets, impairing other responsibilities such as education, infrastructure, and public safety; Whereas, the Member States seek to protect individual liberty and personal control over Health Care decisions, and believe the best method to achieve these ends is by vesting regulatory authority over Health Care in the States; Whereas, by acting in concert, the Member States may express and inspire confidence in the ability of each Member State to govern Health Care effectively; and Whereas, the Member States recognize that consent of Congress may be more easily secured if the Member States collectively seek consent through an interstate compact; NOW THEREFORE, the Member States hereto resolve, and by the adoption into law under their respective State Constitutions of this Health Care Compact, agree, as follows: Sec. 1. Definitions. As used in this Compact, unless the context clearly indicates otherwise: "Commission" means the Interstate Advisory Health Care Commission. "Effective Date" means the date upon which this Compact shall become effective for purposes of the operation of State and Federal law in a Member State, which shall be the later of: a) the date upon which this Compact shall be adopted under the laws of the Member State, and b) the date upon which this Compact receives the consent of Congress pursuant to Article I, Section 10, of the United States Constitution, after at least two Member States adopt this Compact. "Health Care" means care, services, supplies, or plans related to the health of an individual and includes but is not limited to: (a) preventive, diagnostic, therapeutic, rehabilitative, maintenance, or palliative care and counseling, service, assessment, or procedure with respect to the physical or mental condition or functional status of an individual or that affects the structure or function of the body, and (b) sale or dispensing of a drug, device, equipment, or other item in accordance with a prescription, and (c) an individual or group plan that provides, or pays the cost of, care, services, or supplies related to the health of an individual, except any care, services, supplies, or plans provided by the United States Department of Defense and United States Department of Veteran Affairs, or provided to Native Americans. "Member State" means a State that is signatory to this Compact and has adopted it under the laws of that State. "Member State Base Funding Level" means a number equal to the total Federal spending on Health Care in the Member State during Federal fiscal year 2010. On or before the Effective Date, each Member State shall determine the Member State Base Funding Level for its State, and that number shall be binding upon that Member State. "Member State Current Year Funding Level" means the Member State Base Funding Level multiplied by the Member State Current Year Population Adjustment Factor multiplied by the Current Year Inflation Adjustment Factor. "Member State Current Year Population Adjustment Factor" means the average population of the Member State in the current year less the average population of the Member State in Federal fiscal year 2010, divided by the average population of the Member State in Federal fiscal year 2010, plus 1. Average population in a Member State shall be determined by the United States Census Bureau. "Current Year Inflation Adjustment Factor" means the Total Gross Domestic Product Deflator in the current year divided by the Total Gross Domestic Product Deflator in Federal fiscal year 2010. Total Gross Domestic Product Deflator shall be determined by the Bureau of Economic Analysis of the United States Department of Commerce. Sec. 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority to regulate Health Care to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Health Care policy within their respective jurisdictions and according to the judgment and discretion of each Member State. Sec. 3. Legislative Power. The legislatures of the Member States have the primary responsibility to regulate Health Care in their respective States. Sec. 4. State Control. Each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders regarding Health Care that are inconsistent with the laws and regulations adopted by the Member State pursuant to this Compact. Federal and State laws, rules, regulations, and orders regarding Health Care will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact. For any federal law, rule, regulation, or order that remains in effect in a Member State after the Effective Date, that Member State shall be responsible for the associated funding obligations in its State. Sec. 5. Funding. (a) Each Federal fiscal year, each Member State shall have the right to Federal monies up to an amount equal to its Member State Current Year Funding Level for that Federal fiscal year, funded by Congress as mandatory spending and not subject to annual appropriation, to support the exercise of Member State authority under this Compact. This funding shall not be conditional on any action of or regulation, policy, law, or rule being adopted by the Member State. (b) By the start of each Federal fiscal year, Congress shall establish an initial Member State Current Year Funding Level for each Member State, based upon reasonable estimates. The final Member State Current Year Funding Level shall be calculated, and funding shall be reconciled by the United States Congress based upon information provided by each Member State and audited by the United States Government Accountability Office. Sec. 6. Interstate Advisory Health Care Commission. (a) The Interstate Advisory Health Care Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present, and no action shall be binding unless approved by a majority of the Commission's total membership. (b) The Commission may elect from among its membership a Chairperson. The Commission may adopt and publish bylaws and policies that are not inconsistent with this Compact. The Commission shall meet at least once a year, and may meet more frequently. (c) The Commission may study issues of Health Care regulation that are of particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The legislatures of the Member States may consider these recommendations in determining the appropriate Health Care policies in their respective States. (d) The Commission shall collect information and data to assist the Member States in their regulation of Health Care, including assessing the performance of various State Health Care programs and compiling information on the prices of Health Care. The Commission shall make this information and data available to the legislatures of the Member States. Notwithstanding any other provision in this Compact, no Member State shall disclose to the Commission the health information of any individual, nor shall the Commission disclose the health information of any individual. (e) The Commission shall be funded by the Member States as agreed to by the Member States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective legislatures of the Member States in accordance with the terms of this Compact. (f) The Commission shall not take any action within a Member State that contravenes any State law of that Member State. Sec. 7. Congressional Consent. This Compact shall be effective on its adoption by at least two Member States and consent of the United States Congress. This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purposes of this Compact, which are: (a) To secure the right of the Member States to regulate Health Care in their respective States pursuant to this Compact and to suspend the operation of any conflicting federal laws, rules, regulations, and orders within their States; and (b) To secure Federal funding for Member States that choose to invoke their authority under this Compact, as prescribed by Section 5 above. Sec. 8. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution. Sec. 9. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States. Sec. 5002.002. IMPLEMENTATION IN TEXAS. The legislature may not implement the Interstate Health Care Compact in any manner that negatively affects or impacts any entitlement to Medicare benefits to senior adults in this state. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the Interstate Health Care Compact.
|
Relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state.
|
AN ACT relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle I, Title 4, Government Code, is amended by adding Chapter 537 to read as follows: CHAPTER 537. MEDICAID REFORM WAIVER Sec. 537.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services Commission. (2) "Executive commissioner" means the executive commissioner of the Health and Human Services Commission. Sec. 537.002. FEDERAL AUTHORIZATION FOR MEDICAID REFORM. (a) The executive commissioner shall seek a waiver under Section 1115 of the federal Social Security Act (42 U.S.C. Section 1315) to the state Medicaid plan. (b) The waiver under this section must be designed to achieve the following objectives regarding the Medicaid program and alternatives to the program: (1) provide flexibility to determine Medicaid eligibility categories and income levels; (2) provide flexibility to design Medicaid benefits that meet the demographic, public health, clinical, and cultural needs of this state or regions within this state; (3) encourage use of the private health benefits coverage market rather than public benefits systems; (4) encourage people who have access to private employer-based health benefits to obtain or maintain those benefits; (5) create a culture of shared financial responsibility, accountability, and participation in the Medicaid program by: (A) establishing and enforcing copayment requirements similar to private sector principles for all eligibility groups; (B) promoting the use of health savings accounts to influence a culture of individual responsibility; and (C) promoting the use of vouchers for consumer-directed services in which consumers manage and pay for health-related services provided to them using program vouchers; (6) consolidate federal funding streams, including funds from the disproportionate share hospitals and upper payment limit supplemental payment programs and other federal Medicaid funds, to ensure the most effective and efficient use of those funding streams; (7) allow flexibility in the use of state funds used to obtain federal matching funds, including allowing the use of intergovernmental transfers, certified public expenditures, costs not otherwise matchable, or other funds and funding mechanisms to obtain federal matching funds; (8) empower individuals who are uninsured to acquire health benefits coverage through the promotion of cost-effective coverage models that provide access to affordable primary, preventive, and other health care on a sliding scale, with fees paid at the point of service; and (9) allow for the redesign of long-term care services and supports to increase access to patient-centered care in the most cost-effective manner. SECTION 2. (a) In this section: (1) "Commission" means the Health and Human Services Commission. (2) "FMAP" means the federal medical assistance percentage by which state expenditures under the Medicaid program are matched with federal funds. (3) "Illegal immigrant" means an individual who is not a citizen or national of the United States and who is unlawfully present in the United States. (4) "Medicaid program" means the medical assistance program under Chapter 32, Human Resources Code. (b) The commission shall actively pursue a modification to the formula prescribed by federal law for determining this state's FMAP to achieve a formula that would produce an FMAP that accounts for and is periodically adjusted to reflect changes in the following factors in this state: (1) the total population; (2) the population growth rate; and (3) the percentage of the population with household incomes below the federal poverty level. (c) The commission shall pursue the modification as required by Subsection (b) of this section by providing to the Texas delegation to the United States Congress and the federal Centers for Medicare and Medicaid Services and other appropriate federal agencies data regarding the factors listed in that subsection and information indicating the effects of those factors on the Medicaid program that are unique to this state. (d) In addition to the modification to the FMAP described by Subsection (b) of this section, the commission shall make efforts to obtain additional federal Medicaid funding for Medicaid services required to be provided to illegal immigrants in this state. As part of that effort, the commission shall provide to the Texas delegation to the United States Congress and the federal Centers for Medicare and Medicaid Services and other appropriate federal agencies data regarding the costs to this state of providing those services. (e) This section expires September 1, 2013. SECTION 3. (a) The Medicaid Reform Waiver Legislative Oversight Committee is created to facilitate the reform waiver efforts with respect to Medicaid. (b) The committee is composed of eight members, as follows: (1) four members of the senate, appointed by the lieutenant governor not later than October 1, 2011; and (2) four members of the house of representatives, appointed by the speaker of the house of representatives not later than October 1, 2011. (c) A member of the committee serves at the pleasure of the appointing official. (d) The speaker of the house of representatives shall designate a member of the committee as the presiding officer. (e) A member of the committee may not receive compensation for serving on the committee but is entitled to reimbursement for travel expenses incurred by the member while conducting the business of the committee as provided by the General Appropriations Act. (f) The committee shall: (1) facilitate the design and development of the Medicaid reform waiver required by Chapter 537, Government Code, as added by this Act; (2) facilitate a smooth transition from existing Medicaid payment systems and benefit designs to a new model of Medicaid enabled by the waiver described by Subdivision (1) of this subsection; (3) meet at the call of the presiding officer; and (4) research, take public testimony, and issue reports requested by the lieutenant governor or speaker of the house of representatives. (g) The committee may request reports and other information from the Health and Human Services Commission. (h) The committee shall use existing staff of the senate, the house of representatives, and the Texas Legislative Council to assist the committee in performing its duties under this section. (i) Chapter 551, Government Code, applies to the committee. (j) The committee shall report to the lieutenant governor and speaker of the house of representatives not later than November 15, 2012. The report must include: (1) identification of significant issues that impede the transition to a more effective Medicaid program; (2) the measures of effectiveness associated with changes to the Medicaid program; (3) the impact of Medicaid changes on safety net hospitals and other significant traditional providers; and (4) the impact on the uninsured in Texas. (k) This section expires September 1, 2013, and the committee is abolished on that date. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the Medicaid program and alternate methods of providing health services to low-income persons in this state.
|
Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities.
|
AN ACT relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.0832 to read as follows: Sec. 33.0832. EQUAL OPPORTUNITY FOR ACCESS TO UNIVERSITY INTERSCHOLASTIC LEAGUE ACTIVITIES. (a) In this section, "private school" has the meaning assigned by Section 39.033(d). (b) The University Interscholastic League shall provide private and parochial schools with equal opportunity to become members of the league for the purpose of providing their students with access to league activities. (c) This section does not exempt a private or parochial school or its students from satisfying each rule or eligibility requirement imposed by this subchapter or the league for participating in an activity or league district sponsored by the league. (d) A private or parochial school seeking to participate in a league activity or to become a member of a league district shall apply to the league on a signed form prescribed by the league. The school must certify its eligibility under this subchapter and league rules in the application and must attach proof of accreditation. The league may not impose eligibility requirements for private or parochial schools that exceed the requirements of this subchapter or league rules for public schools or require proof of eligibility that exceeds the proof required of public schools. On approval of an application, the league shall issue a certificate of approval to the applicant school. The application and certificate of approval are governmental records for purposes of Section 37.10, Penal Code. (e) The league shall determine the appropriate league district in which an eligible private or parochial school will participate using the same standard the league applies to public schools, provided that the private or parochial school may not be placed in a league district lower than the 1A level. (f) The league may adopt rules designed to discourage an eligible private or parochial school from recruiting any student to attend the school for the purpose of participating in a league activity. A rule adopted under this subsection may not be designed to discriminate against an eligible private or parochial school. (g) To be eligible under this section, a private or parochial school must: (1) be accredited by an accrediting organization recognized by the agency; (2) not have had its ability or eligibility to participate in an association similar to the league compromised, revoked, or suspended for violating the rules or codes of that association within the five-year period preceding the date of application to participate in the league; (3) offer a four-year high school curriculum; (4) offer interscholastic competition; and (5) require daily student attendance at a specific location. (h) Notwithstanding any other provision of this section, the league shall implement this section by providing private and parochial schools with equal opportunity to participate in: (1) league academic activities beginning with the 2011-2012 school year; (2) league athletic activities at the 1A and 2A league district levels beginning with the spring semester of the 2011-2012 school year; (3) league athletic activities at the 3A league district level beginning with the 2012-2013 school year; (4) league athletic activities at the 4A league district level beginning with the 2013-2014 school year; and (5) league athletic activities at the 5A league district level beginning with the 2014-2015 school year. (i) Subsection (h) and this subsection expire September 1, 2015. (j) Notwithstanding any other law, a child who resides within the attendance area of a public school and who is instructed at home shall be allowed to try out for interscholastic activities on behalf of the public school in the same manner as a pupil who is enrolled in that public school. Registration, age eligibility requirements, fees, insurance, transportation, physical condition, qualifications, responsibilities, event schedules, standards of behavior and performance policies for home schooled students shall be consistent with those policies established for students enrolled in that public school. The individual providing the primary instruction of a child who is instructed at home shall submit written verification that provides: (1) Whether the student is receiving a passing grade in each course or subject being taught. (2) Whether the student is maintaining satisfactory progress towards advancement or promotion. (k) A child who is instructed at home and who was previously enrolled in a school shall be ineligible to participate in interscholastic activities for the remainder of the school year during which the child was enrolled in a school. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to equal opportunity for access by private and parochial school students to University Interscholastic League sponsored activities.
|
Relating to personal leave provided for a school district employee who is a victim of certain assaults.
|
AN ACT relating to personal leave provided for a school district employee who is a victim of certain assaults. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 22.003(b), Education Code, is amended to read as follows: (b) In addition to all other days of leave provided by this section or by the school district, an employee of a school district who is the victim of an intentional physical assault by a student [physically assaulted] during the performance of the employee's regular duties is entitled to the number of days of leave necessary to recuperate from all physical injuries sustained as a result of the assault. At the request of an employee, the school district must immediately assign an employee to assault leave and, on investigation of the claim, may change the assault leave status and charge the leave against the employee's accrued personal leave or against an employee's pay if insufficient accrued personal leave is available. Days of leave taken under this subsection may not be deducted from accrued personal leave. The period provided by this subsection may not extend more than one year [two years] beyond the date of the assault. Notwithstanding any other law, assault leave policy benefits due to an employee shall be coordinated with temporary income benefits due from workers' compensation so that the employee's total compensation from temporary income benefits and assault leave policy benefits equals 100 percent of the employee's weekly rate of pay. SECTION 2. Section 22.003(b), Education Code, as amended by this Act, applies only to an employee assaulted on or after the effective date of this Act. An employee assaulted before the effective date of this Act is governed by the law in effect on the date of the assault, and the former law is continued in effect for that purpose. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to personal leave provided for a school district employee who is a victim of certain assaults.
|
Relating to the regulation of certain animals.
|
AN ACT relating to the regulation of certain animals. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 822.007, Health and Safety Code, is amended to read as follows: Sec. 822.007. LOCAL REGULATION OF DOGS. (a) Except as provided by Subsection (c), this [This] subchapter does not prohibit a municipality or county from adopting leash or registration requirements applicable to dogs. (b) A volunteer search and rescue service dog that is part of a volunteer search and rescue team is not considered a dangerous wild animal for purposes of this chapter. (c) In this section, "volunteer search and rescue team" means an individual or an organized group of volunteers issued a written document by a law enforcement department that recognizes the individual or group as a person or group that trains dogs to assist in the location of a lost or missing person or for law enforcement purposes. A municipality may not adopt or enforce an ordinance, including a leash law, that restricts the ability of a volunteer search and rescue team to train a service dog for search and rescue or law enforcement purposes. SECTION 2. Section 822.101, Health and Safety Code, is amended by adding Subdivision (8) to read as follows: (8) "Wildlife sanctuary" means a public charitable organization that: (A) is exempt from taxation under Section 501(a), Internal Revenue Code of 1986, by being listed as an exempt organization under Section 501(c)(3) of that code; (B) is described by Section 170(b)(1)(A)(vi), Internal Revenue Code of 1986; (C) operates a place of refuge where an abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced wild animal is: (i) provided care for the animal's lifetime; (ii) transferred to another wildlife sanctuary; or (iii) released back to the animal's natural habitat; and (D) with respect to a wild animal owned by the organization, does not: (i) conduct any commercial activity; or (ii) breed the animal. SECTION 3. Section 822.102(a), Health and Safety Code, is amended to read as follows: (a) This subchapter does not apply to: (1) a county, municipality, or agency of the state or an agency of the United States or an agent or official of a county, municipality, or agency acting in an official capacity; (2) a research facility, as that term is defined by Section 2(e), Animal Welfare Act (7 U.S.C. Section 2132), and its subsequent amendments, that is licensed by the secretary of agriculture of the United States under that Act; (3) an organization that is an accredited member of the American Zoo and Aquarium Association; (4) an injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment; (5) a sick or [an] injured [ infirm, orphaned, or abandoned] dangerous wild animal while being rehabilitated or [] treated [ or cared for] by and in the temporary possession of a licensed veterinarian [ an incorporated humane society or animal shelter] or a person who holds a rehabilitation permit issued under Subchapter C, Chapter 43, Parks and Wildlife Code,for the animal being rehabilitated or treated;(6) a dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if: (A) the animal is used as an integral part of the circus performances; and (B) the animal is kept within this state only during the time the circus is performing in this state or for a period not to exceed 30 days while the circus is performing outside the United States; (7) a dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state; (8) a dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university; (9) a dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments and the regulations adopted under that Act; (10) a nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a Class "A" or Class "B" dealer's license issued by the secretary of agriculture of the United States under the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments; (11) a dangerous wild animal that is: (A) owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the American Zoo and Aquarium Association for that species; and (B) an integral part of that species survival plan; [and] (12) in a county west of the Pecos River that has a population of less than 25,000, a cougar, bobcat, or coyote in the possession, custody, or control of a person that has trapped the cougar, bobcat, or coyote as part of a predator or depredation control activity;(13) an organization that is an accredited member of the Zoological Association of America; and (14) a wildlife sanctuary that is verified or accredited by: (A) the Global Federation of Animal Sanctuaries; (B) the American Sanctuary Association and that received initial verification or accreditation from that association before May 1, 2011; or (C) a successor nonprofit organization that is similar to the Global Federation of Animal Sanctuaries and is designated by the Department of State Health Services if the Global Federation of Animal Sanctuaries ceases to exist.SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the regulation of certain animals.
|
Relating to a moratorium on administering assessment instruments to public school students under the public school accountability system.
|
AN ACT relating to a moratorium on administering assessment instruments to public school students under the public school accountability system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 39, Education Code, is amended by adding Section 39.0221 to read as follows: Sec. 39.0221. TEMPORARY MORATORIUM ON ADMINISTERING ASSESSMENT INSTRUMENTS. (a) The agency shall develop and implement a plan for school districts to suspend the administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years. (b) A superintendent of a school district may suspend district administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years if the suspension is: (1) approved by the board of trustees of the district; and (2) consistent with the plan developed by the agency under Subsection (a). (c) A superintendent of a school district may apply funds the superintendent identifies as savings from expenditures otherwise required for assessment instruments or the administration of assessment instruments only to: (1) the retention of teachers or other district personnel with direct student contact and involvement; or (2) consumable resources requested by classroom teachers for classroom instruction. (d) The amount of state funding a school district receives each school year is not contingent on a superintendent's decision under this section concerning the administration of assessment instruments under Section 39.023 for the 2011-2012 and 2012-2013 school years. (e) This section expires September 1, 2013. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to a moratorium on administering assessment instruments to public school students under the public school accountability system.
|
Relating to reducing costs in public school extracurricular activities.
|
AN ACT relating to reducing costs in public school extracurricular activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 33, Education Code, is amended by adding Section 33.090 to read as follows: Sec. 33.090. COST REDUCTIONS IN EXTRACURRICULAR ACTIVITIES. (a) The University Interscholastic League shall establish rules and policies to achieve annual savings of at least 20 percent in costs expended by school districts for University Interscholastic League athletic programs. The University Interscholastic League shall implement these rules and policies no later than the start of the 2012-2013 school year and shall continue the rules and policies throughout at least the 2016-2017 school year. The rules and policies proposed under this section shall be approved by the commissioner prior to implementation by the University Interscholastic League. (b) In approving the rules and policies proposed by the University Interscholastic League under this section, the commissioner shall ensure that the proposed rules and policies will achieve the annual cost savings under Subsection (a) and will distribute cost savings proportionally under Subsection (d). (c) To the extent practicable, the rules and policies implemented under this section shall distribute cost savings proportionally to the cost of each sport. (d) The rules and policies implemented under this section shall not be changed before 2016-2017 unless replaced with similar cost saving measures approved by the commissioner. SECTION 2. This Act takes effect October 1, 2011.
|
Relating to reducing costs in public school extracurricular activities.
|
Relating to the creation of the offense of employing or contracting with an unauthorized alien.
|
AN ACT relating to the creation of the offense of employing or contracting with an unauthorized alien. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Title 8, Penal Code, is amended to read as follows: TITLE 8. OFFENSES AGAINST PUBLIC ADMINISTRATION AND THE ADMINISTRATION OF CERTAIN LAWS SECTION 2. Title 8, Penal Code, is amended by adding Chapter 40 to read as follows: CHAPTER 40. CERTAIN EMPLOYMENT OR CONTRACTS PROHIBITED UNDER FEDERAL LAW Sec. 40.01. DEFINITION. In this chapter, "unauthorized alien" has the meaning assigned by 8 U.S.C. Section 1324a(h)(3). Sec. 40.02. EMPLOYING OR CONTRACTING WITH UNAUTHORIZED ALIEN. (a) A person commits an offense if the person intentionally, knowingly, or recklessly employs an unauthorized alien or contracts for the performance of labor or other work with an unauthorized alien. (b) An offense under this section is a state jail felony. Sec. 40.03. AFFIRMATIVE DEFENSE. It is an affirmative defense to prosecution under Section 40.02 that the actor attempted to verify the unauthorized alien's immigration status or work authorization in a manner that is more likely than not to produce a correct and reliable result concerning an individual's immigration status or work authorization and had no knowledge of the unauthorized alien's actual immigration status or work authorization. SECTION 3. This Act takes effect November 1, 2011.
|
Relating to the creation of the offense of employing or contracting with an unauthorized alien.
|
Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.
|
AN ACT relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 30, Penal Code, is amended by adding Section 30.055 to read as follows: Sec. 30.055. CRIMINAL TRESPASS BY ILLEGAL ALIEN. (a) A person commits an offense if the person: (1) is a citizen of any country other than the United States; and (2) enters or remains on or in any public or private property in this state in violation of 8 U.S.C. Section 1325 or 1326. (b) An offense under this section is a Class Bmisdemeanor. SECTION 2. Article 14.03, Code of Criminal Procedure, is amended by adding Subsection (h) to read as follows: (h) A peace officer may arrest, without a warrant, a person who the officer has probable cause to believe has committed an offense under Section 30.055, Penal Code, if the peace officer: (1) at the time of arrest, is acting on a reasonable suspicion that the person is committing or has committed another offense for which the peace officer, under the circumstances described by this article, may arrest the person without a warrant; and (2) before making the arrest, seeks and receives confirmation from the United States Immigration and Customs Enforcement component of the United States Department of Homeland Security that the person is an alien who is present in the United States in violation of 8 U.S.C. Section 1325 or 1326. SECTION 3. This Act takes effect November 1, 2011.
|
Relating to the creation of the offense of criminal trespass by an illegal alien and to certain procedures for arresting illegal aliens for committing that criminal offense.
|
Relating to a county mental health services Medicaid waiver program.
|
AN ACT relating to a county mental health services Medicaid waiver program. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0226 to read as follows: Sec. 531.0226. COUNTY MENTAL HEALTH SERVICES MEDICAID WAIVER PROGRAM. (a) If feasible and cost-effective, the commission may apply for a waiver from the federal Centers for Medicare and Medicaid Services or another appropriate federal agency to more efficiently leverage the use of state and local funds in order to maximize the receipt of federal Medicaid matching funds by providing counties in the state with the flexibility to provide benefits under the Medicaid program to individuals who: (1) have a net family income that is at or below 200 percent of the federal poverty level; and (2) are eligible to receive mental health services through the county. (b) In establishing the waiver program under this section, the commission shall: (1) ensure that the state is a prudent purchaser of the health care services that are needed for the individuals described by Subsection (a); (2) solicit broad-based input from interested persons; (3) ensure that the benefits received by an individual through the county are not reduced once the individual is enrolled in the waiver program; and (4) employ the use of intergovernmental transfers and other procedures to maximize the receipt of federal Medicaid matching funds. SECTION 2. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to a county mental health services Medicaid waiver program.
|
Relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties.
|
AN ACT relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Subchapter B, Chapter 171, Health and Safety Code, is amended to read as follows: SUBCHAPTER B. VOLUNTARY AND INFORMED CONSENT SECTION 2. Section 171.018, Health and Safety Code, is amended to read as follows: Sec. 171.018. OFFENSE. A physician who intentionally performs an abortion on a woman in violation of Section 171.011 [this subchapter] commits an offense. An offense under this section is a misdemeanor punishable by a fine not to exceed $10,000. In this section, "intentionally" has the meaning assigned by Section 6.03(a), Penal Code. SECTION 3. Subchapter B, Chapter 171, Health and Safety Code, is amended by adding Sections 171.019, 171.020, 171.021, 171.022, and 171.023 to read as follows: Sec. 171.019. PREVENTION OF COERCED ABORTIONS. (a) Before any anaesthesia or sedative is given to a woman prior to the performance of an abortion, a physician shall: (1) verbally inform the woman on whom the abortion is to be performed that a person cannot coerce or force her to have or seek an abortion and that the physician cannot perform the abortion unless the woman provides her voluntary and informed consent; and (2) provide the woman on whom the abortion is to be performed with the coerced abortion form described by Section 171.021: (A) in both English and Spanish; and (B) in a language other than English or Spanish, if applicable, under Section 171.021(c). (b) A physician may not perform an abortion on a woman unless, before the abortion, the woman certifies on the coerced abortion form described by Section 171.021 that she received from the physician the information and materials required by Subsection (a). (c) If the woman indicates on the coerced abortion form or communicates to the physician that she is being coerced or forced to have or seek an abortion or the physician is otherwise made aware that the woman has indicated that she is being coerced or forced to have or seek an abortion, the physician: (1) shall report an offense under Section 25.12, Penal Code, to local law enforcement; (2) shall provide the referral required by Section 171.020(2); (3) shall provide the woman with access to a telephone in a private room; and (4) may not perform the abortion until: (A) 48 hours have elapsed: (i) since the woman last communicated to the physician, through the form or otherwise, that the woman was being coerced or forced to have or seek an abortion; or (ii) to the best of the physician's knowledge, since the woman last communicated to an agent of the physician that the woman was being coerced or forced to have or seek an abortion; and (B) the woman provides her voluntary and informed consent that the woman states is not a result of coercion. (d) A person who is a volunteer for or an employee of a physician or an office or facility at which abortions are performed shall immediately notify the physician who is to perform an abortion on a woman if the woman communicates to the person that the woman is being coerced or forced to have or seek an abortion. Sec. 171.020. REFERRAL TO DOMESTIC VIOLENCE ASSISTANCE. The department shall require each physician who performs an abortion to: (1) maintain a list of domestic violence shelters and assistance programs that do not: (A) provide abortions or abortion-related services; (B) make referrals to abortion providers; or (C) affiliate or contract with entities that: (i) provide abortions or abortion-related services; or (ii) make referrals to abortion providers; and (2) provide a referral to a domestic violence shelter or assistance program that does not provide or refer for abortions if the woman seeking an abortion communicates to the facility, the physician, or an agent of the physician who is performing the abortion that the woman is being abused or is being coerced or forced to have or seek the abortion. Sec. 171.021. CONTENTS OF FORM. (a) The department shall develop a coerced abortion form to be completed by each woman on whom an abortion is performed in this state. The form must include: (1) the following title centered on the page in boldfaced capital letters in 26-point font or larger: "NOTICE"; (2) the following statement printed in 16-point font or larger: "It is against the law for a person, regardless of that person's relationship to you, to coerce or force you to have or seek an abortion. By law, a physician cannot perform an abortion, including inducing, prescribing for, or otherwise providing the means for an abortion, unless you give your voluntary and informed consent without coercion or force. It is against the law for a physician to perform an abortion against your will. You have the right to a telephone in a private room to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence."; (3) the following statements printed in 14-point font or larger followed by spaces for the woman to initial: (A) "I understand that I have the right to access a telephone in a private room to contact a local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence."; (B) "I have been informed in person that no one can coerce or force me to have or seek an abortion and that an abortion cannot be provided to me unless I provide my freely given, voluntary, and informed consent."; and (C) "I have read the above notice and understand that I have legal protection against being coerced or forced to have or seek an abortion."; (4) spaces for the signature of the woman on whom an abortion is to be performed and the date the form was completed; and (5) spaces for the license number, area of specialty, and signature of the physician who performed the abortion. (b) The department shall provide the form required by Subsection (a) in both English and Spanish. (c) If the department determines that a substantial number of residents in this state speak a primary language other than English or Spanish, the department shall provide the form required by Subsection (a) in that language. The department shall instruct a facility that provides abortions to provide the coerced abortion form in a language other than English or Spanish if the department determines that a substantial number of residents in the area speak a primary language other than English or Spanish. Sec. 171.022. PROVISION AND RETENTION OF COERCED ABORTION FORM. (a) The department shall provide a copy of this section and Sections 171.019-171.021 and the coerced abortion form required by Section 171.019 to: (1) a physician who becomes newly licensed to practice in this state, not later than the 30th day after the date the physician receives the license; and (2) all physicians licensed to practice in this state, not later than December 1 of each year. (b) A copy of the coerced abortion form certified by the woman shall be placed in the woman's medical file and kept until at least the seventh anniversary of the date on which the form was signed or, if the woman is a minor, at least until the date the woman reaches 20 years of age, whichever is later. (c) The woman on whom an abortion is performed shall be given a copy of the completed coerced abortion form in person before the woman leaves the facility where the abortion is performed. Sec. 171.023. SIGN POSTING. (a) An office or facility at which abortions are performed shall post the following sign: "NOTICE: It is against the law for a person, regardless of that person's relationship to you, to coerce or force you to have or seek an abortion. By law, a physician cannot perform an abortion, including inducing, prescribing for, or otherwise providing the means for an abortion, unless you give your voluntary and informed consent without coercion or force. It is against the law for a physician to perform an abortion against your will. You have the right to a telephone in a private room to contact any local or state law enforcement agency to receive protection from any actual or threatened physical abuse or violence.". (b) The sign described by Subsection (a) must be: (1) printed with lettering that is legible and in at least two-inch boldfaced type; and (2) printed and posted in both English and Spanish, as well as any language other than English or Spanish if it is likely that a substantial number of the residents in the area speak a language other than English or Spanish as their familiar language. (c) An office or facility at which abortions are performed shall conspicuously post the sign described by Subsection (a) in each patient waiting room and each patient consultation room regularly used by patients seeking abortions. (d) If requested by a patient, the office or facility shall provide the patient: (1) a paper copy of the sign described by Subsection (a) in the language preferred by the patient; and (2) access to a telephone in a private room. SECTION 4. Chapter 6, Code of Criminal Procedure, is amended by adding Article 6.10 to read as follows: Art. 6.10. REPORTS OF COERCION OF ABORTION. A peace officer who receives a report of or other information indicating the commission or attempted commission of an alleged offense under Section 25.12, Penal Code, shall file a police report as necessary to ensure that law enforcement may investigate the alleged offense. SECTION 5. Chapter 25, Penal Code, is amended by adding Section 25.12 to read as follows: Sec. 25.12. COERCION OF ABORTION. (a) A person commits an offense if the person uses coercion to induce a pregnant woman to have or seek an abortion. (b) An offense under this section is a Class Bmisdemeanor. (c) A person who in good faith reports to law enforcement authorities a suspected offense under Subsection (a) is immune from civil liability in an action brought against the person for reporting the suspected offense. SECTION 6. (a) Not later than December 1, 2011, the Department of State Health Services shall develop and make available the form required by Subchapter B, Chapter 171, Health and Safety Code, as amended by this Act, along with instructions for completing the form. (b) Not later than December 1, 2011, the Department of State Health Services shall develop and make available the sign required by Section 171.023, Health and Safety Code, as added by this Act. (c) Not later than January 1, 2012, the Department of State Health Services shall distribute forms as required by Section 171.022(a), Health and Safety Code, as added by this Act. SECTION 7. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to the offense of coercing a person to have or seek an abortion and informed and voluntary consent for an abortion; providing penalties.
|
Relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay.
|
AN ACT relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 21.251(a), Education Code, is amended to read as follows: (a) This subchapter applies if a teacher requests a hearing after receiving notice of the proposed decision to: (1) terminate the teacher's continuing contract at any time; (2) terminate the teacher's probationary or term contract before the end of the contract period; or (3) suspend the teacher without pay for more than five days within a period of one year.SECTION 2. The change in law made by this Act applies only to a proposed suspension without pay regarding which the board of trustees notifies a teacher on or after the effective date of this Act. SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to the right to a hearing before an independent hearing examiner of a public school teacher suspended without pay.
|
Relating to election through secret ballot of a labor union as the exclusive bargaining representative.
|
AN ACT relating to election through secret ballot of a labor union as the exclusive bargaining representative. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter C, Chapter 101, Labor Code, is amended by adding Section 101.1035 to read as follows: Sec. 101.1035. EXCLUSIVE BARGAINING REPRESENTATIVE; METHOD OF ELECTION. (a) In this section, "exclusive bargaining representative" means a labor union selected as the representative of the employees in an appropriate collective bargaining unit to represent the employees in their employment relations with employers. (b) An exclusive bargaining representative must be elected by secret ballot and by majority vote of the employees present and participating. SECTION 2. This Act does not affect a collective bargaining agreement under Chapter 174, Local Government Code, or a meet and confer agreement under Chapter 143, Local Government Code, that was entered into before the effective date of this Act. SECTION 3. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to election through secret ballot of a labor union as the exclusive bargaining representative.
|
Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.
|
AN ACT relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 39.03, Penal Code, is amended by amending Subsections (a) and (b) and adding Subsections (c-1), (c-2), and (c-3) to read as follows: (a) A person who is a public servant [acting under color of his office or employment] commits an offense if the person: (1) while acting under color of the person's office or employment [he]:(A) [(1)] intentionally subjects another person to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that the actor [he] knows is unlawful; (B) [(2)] intentionally denies or impedes another person in the exercise or enjoyment of any right, privilege, power, or immunity, knowing the actor's [his] conduct is unlawful; or (C) [(3)] intentionally subjects another person to sexual harassment;or (2) while acting under color of the person's office or employment without probable cause to believe the other person committed an offense: (A) performs a search without effective consent for the purpose of granting access to a publicly accessible building or form of transportation; and (B) intentionally, knowingly, or recklessly: (i) touches the anus, sexual organ, buttocks, or breast of the other person, including touching through clothing; or (ii) causes physical contact with the other person when the actor knows or should reasonably believe that the other person will regard the contact as offensive or provocative.(b) For purposes of this section, a person who is a public servant acts under color of the person's [his] office or employment if the person [he] acts or purports to act in an official capacity or takes advantage of such actual or purported capacity. (c-1) For purposes of Subsection (a)(2), "public servant" includes: (1) an officer, employee, or agent of: (A) the United States; (B) a branch, department, or agency of the United States; or (C) another person acting under contract with a branch, department, or agency of the United States for the purpose of providing a security or law enforcement service; and (2) any other person acting under color of federal law. (c-2) For a person described by Subsection (c-1)(1) or (2), it is a defense to prosecution for an offense under Subsection (a)(2) that the actor performed the search pursuant to and consistent with an explicit and applicable grant of federal statutory authority that is consistent with the United States Constitution. (c-3) For purposes of Subsection (a)(2), and notwithstanding Sections 1.07(a)(11) and (19), consent is effective only if, immediately before any search: (1) the actor verbally describes: (A) the area of the other person to be searched; and (B) the method to be used in the search; and (2) the actor receives express consent for the search only from: (A) the other person; or (B) the parent or guardian of the other person. SECTION 2. (a) This section applies only to a prosecution of an offense under Section 39.03(a)(2), Penal Code, as added by this Act, in which the defendant was, at the time of the alleged offense, acting under the color of federal law. (b) In a prosecution described by Subsection (a) of this section, if the government of the United States, the defendant, or the defendant's employer challenges the validity of Section 39.03(a)(2), Penal Code, as added by this Act, on grounds of unconstitutionality, preemption, or sovereign immunity, the attorney general of this state, with the consent of the appropriate local county or district attorney, shall take any actions necessary on behalf of the state to defend the validity of the statute. The attorney general may make any legal arguments the attorney general considers appropriate, including that this Act constitutes a valid exercise of: (1) the state's police powers; (2) the liberty interests of the people that are secured by the United States Constitution; (3) the powers reserved to the states by the Tenth Amendment to the United States Constitution; or (4) the rights and protections secured by the Texas Constitution. SECTION 3. This Act shall be construed, as a matter of state law, to be enforceable up to but no further than the maximum possible extent consistent with federal constitutional requirements, even if that construction is not readily apparent, as such constructions are authorized only to the extent necessary to save the statute from judicial invalidation. SECTION 4. This Act takes effect on the 91st day after the last day of the legislative session.
|
Relating to prosecution and punishment for the offense of official oppression by the intrusive touching of persons seeking access to public buildings and transportation; providing penalties.
|
Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities.
|
AN ACT relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.0525 to read as follows: Sec. 531.0525. PILOT PROJECT TO ESTABLISH COMPREHENSIVE ACCESS POINT FOR LONG-TERM SERVICES AND SUPPORTS. (a) In this section: (1) "Aging and disability resource center" means a center established under the Aging and Disability Resource Center initiative funded in part by the federal Administration on Aging and the Centers for Medicare and Medicaid Services. (2) "Colocated long-term services and supports staff members" means: (A) long-term services and supports staff members who are located in the same physical office; or (B) long-term services and supports staff members who are not located in the same physical office but who work collaboratively through the use of the telephone or other technologies. (3) "Department of Aging and Disability Services staff members" includes community services staff members of the Department of Aging and Disability Services. (4) "Long-term services and supports" means long-term assistance or care provided to older persons and persons with physical disabilities through the Medicaid program or other programs. The term includes assistance or care provided through the following programs: (A) the primary home care program; (B) the community attendant services program; (C) the community-based alternatives program; (D) the day activity and health services program; (E) the promoting independence program; (F) a program funded through the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.); (G) a community care program funded through Title XX of the federal Social Security Act (42 U.S.C. Section 301 et seq.); (H) the in-home and family support program; and (I) a nursing facility program. (5) "Long-term services and supports staff" means: (A) one or more of the commission's Medicaid eligibility determination staff members; (B) one or more Department of Aging and Disability Services staff members; and (C) one or more area agency on aging staff members. (6) "Pilot project site" means a location in an area served by the pilot project established under this section where colocated long-term services and supports staff members work collaboratively to provide information and tentatively assess functional and financial eligibility to initiate long-term services and supports. (7) "Tentative assessment of functional and financial eligibility" means an expedited preliminary screening of an applicant to determine Medicaid eligibility with the goal of initiating services within seven business days. The tentative assessment does not guarantee state payment for services. (b) Subject to availability of funds appropriated by the legislature for this purpose, the commission shall develop and implement a pilot project to establish a comprehensive access point system for long-term services and supports in which colocated long-term services and supports staff members work in collaboration to provide all necessary services in connection with long-term services and supports from the intake process to the start of service delivery. The pilot project must require that, at a minimum, the staff members work collaboratively to: (1) inform and educate older persons, persons with physical disabilities, and their family members and other caregivers about long-term services and supports for which they may qualify; (2) screen older persons and persons with physical disabilities requesting long-term services and supports; (3) provide a tentative assessment of functional and financial eligibility for older persons and persons with physical disabilities requesting long-term services and supports for which there are no interest lists; and (4) make final determinations of eligibility for long-term services and supports. (c) In developing and implementing the pilot project, the commission shall ensure that: (1) the pilot project site has colocated long-term services and supports staff members who are located in the same physical office; (2) the pilot project site serves as a comprehensive access point for older persons and persons with physical disabilities to obtain information about long-term services and supports for which they may qualify and access long-term services and supports in the site's service area; (3) the pilot project site is designed and operated in accordance with best practices adopted by the executive commissioner after the commission reviews best practices for similar initiatives in other states and professional policy-based research describing best practices for successful initiatives; (4) the colocated long-term services and supports staff members supporting the pilot project site include: (A) one full-time commission staff member who determines eligibility for the Medicaid program and who: (i) has full access to the Texas Integrated Eligibility Redesign System (TIERS); (ii) has previously made Medicaid long-term care eligibility determinations; and (iii) is dedicated primarily to making eligibility determinations for incoming clients at the site; (B) sufficient Department of Aging and Disability Services staff members to carry out the tentative functional and financial eligibility and screening functions at the site; (C) sufficient area agency on aging staff members to: (i) assist with the performance of screening functions and service coordination for services funded under the Older Americans Act of 1965 (42 U.S.C. Section 3001 et seq.), such as meals programs; and (ii) identify other locally funded and supported services that will enable older persons and persons with physical disabilities to continue to reside in the community to the extent reasonable; and (D) any available staff members from local service agencies; and (5) the colocated long-term services and supports staff members of the pilot project site: (A) process intakes for long-term services and supports in person or by telephone or through the Internet; (B) use a standardized screening tool to tentatively assess both functional and financial eligibility with the goal of initiating services within seven business days; (C) closely coordinate with local hospital discharge planners and staff members of extended rehabilitation units of local hospitals and nursing homes; and (D) inform persons about community-based services available in the area served by the pilot project. (d) The pilot project must be implemented in a single county or a multicounty area, as determined by the commission. The pilot project site must be located within an aging and disability resource center service area. If the commission finds that there is no aging and disability resource center that is willing or able to accommodate a pilot project site on the date the pilot project is to be implemented, the pilot project site may be located at another appropriate location. (e) Not later than January 31, 2013, the commission shall submit a report concerning the pilot project to the presiding officers of the standing committees of the senate and house of representatives having primary jurisdiction over health and human services. The report must: (1) contain an evaluation of the operation of the pilot project; (2) contain an evaluation of the pilot project's benefits for persons who received services; (3) contain a calculation of the costs and cost savings that can be attributed to implementation of the pilot project; (4) include a recommendation regarding adopting improved policies and procedures concerning long-term services and supports with statewide applicability, as determined from information obtained in operating the pilot project; (5) include a recommendation regarding the feasibility of expanding the pilot project to other areas of this state or statewide; and (6) contain the perspectives of service providers participating in the pilot project. (f) This section expires September 1, 2015. SECTION 2. Not later than December 31, 2011, the Health and Human Services Commission shall ensure that the pilot project site is in operation under the pilot project required by Section 531.0525, Government Code, as added by this Act. SECTION 3. If before implementing any provision of this Act a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution.
|
Relating to a pilot project to establish a comprehensive access point for long-term services and supports provided to older persons and persons with physical disabilities.
|
End of preview. Expand
in Data Studio
No dataset card yet
- Downloads last month
- 3