Bill Text: TX HB4411 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the functions of and membership on nonprofit statewide associations of counties.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-03-26 - Referred to County Affairs [HB4411 Detail]

Download: Texas-2019-HB4411-Introduced.html
  86R859 JCG-D
 
  By: Middleton H.B. No. 4411
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the functions of and membership on nonprofit statewide
  associations of counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 54.1172(d), Government Code, is amended
  to read as follows:
         (d)  A magistrate appointed under Subsection (a) must
  complete every two years at least eight hours of continuing
  education conducted by [the Texas Association of Counties,] the
  State Bar of Texas[,] or the Texas Justice Court Training Center.
         SECTION 2.  Section 533.051(c), Health and Safety Code, is
  amended to read as follows:
         (c)  To assist in the development of the plan under
  Subsection (a), the department shall establish and meet at least
  monthly with an advisory panel composed of the following persons:
               (1)  one representative designated by the Texas
  Department of Criminal Justice;
               (2)  [one representative designated by the Texas
  Association of Counties;
               [(3)]  two representatives designated by the Texas
  Council of Community Centers, including one representative of an
  urban local service area and one representative of a rural local
  service area;
               (3) [(4)]  two representatives designated by the
  County Judges and Commissioners Association of Texas, including one
  representative who is the presiding judge of a court with
  jurisdiction over mental health matters;
               (4) [(5)]  one representative designated by the
  Sheriffs' Association of Texas;
               (5) [(6)]  two representatives designated by the Texas
  Municipal League, including one representative who is a municipal
  law enforcement official;
               (6) [(7)]  one representative designated by the Texas
  Conference of Urban Counties;
               (7) [(8)]  two representatives designated by the Texas
  Hospital Association, including one representative who is a
  physician;
               (8) [(9)]  one representative designated by the Texas
  Catalyst for Empowerment; and
               (9) [(10)]  four representatives designated by the
  department's Council for Advising and Planning for the Prevention
  and Treatment of Mental and Substance Use Disorders, including:
                     (A)  the chair of the council;
                     (B)  one representative of the council's members
  who is a consumer of or advocate for mental health services;
                     (C)  one representative of the council's members
  who is a consumer of or advocate for substance abuse treatment; and
                     (D)  one representative of the council's members
  who is a family member of or advocate for persons with mental health
  and substance abuse disorders.
         SECTION 3.  Section 614.002(c)(1), Health and Safety Code,
  is amended to read as follows:
         (c)(1)  The following entities, by September 1 of each
  even-numbered year, shall submit to the governor for consideration
  a list of five candidates from their respective fields for at-large
  membership on the committee:
                     (A)  the Texas District and County Attorneys
  Association;
                     (B)  the Texas Criminal Defense Lawyers
  Association;
                     (C)  [the Texas Association of Counties;
                     [(D)]  the Texas Medical Association;
                     (D) [(E)]  the Texas Society of Psychiatric
  Physicians;
                     (E) [(F)]  the Texas Psychological Association;
                     (F) [(G)]  the Sheriffs' Association of Texas;
                     (G) [(H)]  the court of criminal appeals;
                     (H) [(I)]  the County Judges and Commissioners
  Association of Texas; and
                     (I) [(J)]  the Texas Conference of Urban
  Counties.
         SECTION 4.  Section 81.026, Local Government Code, is
  amended to read as follows:
         Sec. 81.026.  COMMISSIONERS COURT MEMBERSHIP ON BOARDS OF
  CERTAIN TRUSTS OR ENTITIES [ASSOCIATIONS AND NONPROFIT
  ORGANIZATIONS]. (a) [A county judge or county commissioner may
  serve on the governing body of or any committee serving an
  association of counties created or operating pursuant to the
  provisions of Section 89.002.] A county judge or county
  commissioner may serve as a member of any board of trustees or board
  of directors or other governing body of any trust or other entity
  created pursuant to interlocal contract for the purpose of forming
  or administering any governmental pool, self-insurance pool,
  insurance pool, or any other fund or joint endeavor created for the
  benefit of member counties and political subdivisions.
         (b)  A [In addition, a] county judge or county commissioner
  may serve as a member of the board of directors of any nonprofit
  corporation that is created and exists solely for the purpose of
  providing administrative or other services to such trust or other
  entity.
         (c)  A county judge or county commissioner, acting as a
  member of any such board or committee, may perform any act necessary
  or appropriate for the rendition of such service, including the
  casting of votes and deliberations concerning and execution of
  contracts or claims with or against any county.
         (d)  A county judge or commissioner may participate in
  deliberations concerning and cast any vote on any matter before the
  commissioners court affecting the execution of any contract with or
  the payment of claims, premiums, dues, or contributions to any such
  trust, [association,] nonprofit corporation, or entity or any
  related matter.
         SECTION 5.  Section 114.083(a), Local Government Code, is
  amended to read as follows:
         (a)  The committee consists of the following members:
               (1)  one county judge or commissioner appointed by the
  Texas Conference of Urban Counties;
               (2)  one county judge or commissioner appointed by the
  County Judges and Commissioners Association of Texas;
               (3)  two county auditors appointed by the Texas
  Association of County Auditors;
               (4)  two county treasurers appointed by the Texas
  Association of County Treasurers;
               (5)  [one county official, other than a county judge,
  commissioner, auditor, or treasurer, appointed by the executive
  director of the Texas Association of Counties;
               [(6)]  one county budget officer appointed by the Texas
  Conference of Urban Counties;
               (6) [(7)]  the comptroller or the comptroller's
  designee;
               (7) [(8)]  the executive director of the Texas
  Conference of Urban Counties or the executive director's designee;
               (8)  [(9) the executive director of the Texas
  Association of Counties or the executive director's designee;
               [(10)]  the general counsel of the County Judges and
  Commissioners Association of Texas or the general counsel's
  designee; and
               (9) [(11)]  any nonvoting members the other committee
  members consider appropriate.
         SECTION 6.  Section 114.085(a), Local Government Code, is
  amended to read as follows:
         (a)  The comptroller[, the Texas Association of Counties,]
  and the Texas Conference of Urban Counties shall provide by
  agreement for the staff and other resources necessary for the
  operations of the committee.
         SECTION 7.  Section 118.131(f), Local Government Code, is
  amended to read as follows:
         (f)  On or before October 15 of the year in which the fees are
  initially set, the commissioners court shall provide written notice
  of the amounts of the fees to the comptroller. If the commissioners
  court changes the amount of a fee set under this section, the
  commissioners court shall provide to the comptroller, on or before
  October 15 of the year in which the amount is changed, a written
  notice of the change in the amount of the fee. Before December 15 of
  each year, the comptroller shall compile the fee information
  provided by counties and send the compilation to:
               (1)  the commissioners court of each county in this
  state;
               (2)  any statewide association of [counties or of]
  officers of counties that requests in writing before December 15 to
  be informed; and
               (3)  the State Bar of Texas.
         SECTION 8.  Section 89.002, Local Government Code, is
  repealed.
         SECTION 9.  (a) Section 54.1172(d), Government Code, as
  amended by this Act, applies only to continuing education hours
  completed on or after the effective date of this Act. Continuing
  education hours completed before the effective date of this Act are
  governed by the law in effect immediately before that date, and the
  former law is continued in effect for that purpose.
         (b)  If a vacancy in the office of the presiding officer of
  the county financial data advisory committee is created under
  Section 114.083(a), Local Government Code, as amended by this Act,
  the vacancy shall be filled for the remainder of the unexpired term
  in the manner provided by Section 114.083(b), Local Government
  Code.
         (c)  The repeal of Section 89.002, Local Government Code, by
  this Act does not apply to a county's pledge of revenue for
  membership dues and fees on a nonprofit state association of
  counties made before the effective date of this Act. A county's
  pledge of revenue described by this subsection is governed by the
  law in effect when the revenue was first pledged, and that law is
  continued in effect for that purpose.
         SECTION 10.  This Act takes effect September 1, 2019.
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