Bill Text: TX SB748 | 2019-2020 | 86th Legislature | Comm Sub

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Bill Title: Relating to maternal and newborn health care, including the newborn screening preservation account.

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Passed) 2019-06-14 - Effective on 9/1/19 [SB748 Detail]

Download: Texas-2019-SB748-Comm_Sub.html

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By: Kolkhorst, et al. S.B. No. 748
(Davis of Harris, Thompson of Harris)

A BILL TO BE ENTITLED
AN ACT
relating to newborn screening and the newborn screening
preservation account.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 33.004(f), Health and Safety Code, is
amended to read as follows:
(f) The executive commissioner by rule shall [may]
establish the amounts charged for newborn screening fees, including
fees assessed for follow-up services, tracking confirmatory
testing, and diagnosis. In adopting rules under this subsection,
the executive commissioner shall ensure that amounts charged for
newborn screening fees are sufficient to cover the costs of
performing the screening.
SECTION 2. Chapter 33, Health and Safety Code, is amended by
adding Subchapter D to read as follows:
SUBCHAPTER D. NEWBORN SCREENING PRESERVATION ACCOUNT
Sec. 33.051. DEFINITION. In this subchapter, "account"
means the newborn screening preservation account established under
Section 33.052.
Sec. 33.052. CREATION OF ACCOUNT. (a) The newborn
screening preservation account is a dedicated account in the
general revenue fund. Money in the account may be appropriated only
to the department and only for the purpose of carrying out the
newborn screening program established under this chapter.
(b) On November 1 of each year, the comptroller shall
transfer to the account any unexpended and unencumbered money from
Medicaid reimbursements collected by the department for newborn
screening services during the preceding state fiscal year.
(c) The account is composed of:
(1) money transferred to the account under Subsection
(b);
(2) gifts, grants, donations, and legislative
appropriations; and
(3) interest earned on the investment of money in the
account.
(d) Section 403.0956, Government Code, does not apply to the
account.
(e) The department administers the account. The department
may solicit and receive gifts, grants, and donations from any
source for the benefit of the account.
Sec. 33.053. DEDICATED USE. (a) The department may use
any money remaining in the account after paying the costs of
operating the newborn screening program established under this
chapter only to:
(1) pay the costs of offering additional newborn
screening tests not offered under this chapter before September 1,
2019, including the operational costs incurred during the first
year of implementing the additional tests; and
(2) pay for capital assets, equipment, and renovations
for the laboratory established by the department to ensure the
continuous operation of the newborn screening program.
(b) The department may not use money from the account for
the department's general operating expenses.
Sec. 33.054. REPORT. If the department requires an
additional newborn screening test under Subchapter B the costs of
which are funded with money appropriated from the newborn screening
preservation account, the department shall, not later than
September 1 of each even-numbered year, prepare and submit to the
governor, the lieutenant governor, the speaker of the house of
representatives, and each standing committee of the legislature
having primary jurisdiction over the department a written report
that:
(1) summarizes the implementation plan for the test,
including anticipated completion dates for implementing the test
and potential barriers to conducting the test; and
(2) summarizes the actions taken by the department to
fund and implement the test during the preceding two years.
SECTION 3. Notwithstanding Section 33.054, Health and
Safety Code, as added by this Act, the Department of State Health
Services shall submit the first report required by that section not
later than December 1, 2019.
SECTION 4. As soon as practicable after the effective date
of this Act, the executive commissioner of the Health and Human
Services Commission shall adopt rules as necessary to implement the
changes in law made by this Act.
SECTION 5. This Act takes effect September 1, 2019.
COMMITTEE AMENDMENT NO. 1
Amend S.B. No. 748 by adding the following appropriately
numbered SECTIONS to the bill and renumbering subsequent SECTIONS
of the bill accordingly:
SECTION ____. Chapter 1061, Special District Local Laws
Code, is amended by adding Subchapter G to read as follows:
SUBCHAPTER G. SALES AND USE TAX
Sec. 1061.301. TAX AUTHORIZED. (a) The district may adopt,
change the rate of, or abolish a sales and use tax at an election
held in the district.
(b) The district may not adopt a tax under this subchapter
or increase the rate of the tax if as a result of the adoption of the
tax or the tax increase the combined rate of all sales and use taxes
imposed by the district and all other political subdivisions of
this state having territory in the district would exceed two
percent in any location in the district.
Sec. 1061.302. APPLICABILITY OF OTHER LAW. Except to the
extent that a provision of this subchapter applies, Chapter 323,
Tax Code, applies to a tax authorized by this subchapter in the same
manner as that chapter applies to the tax authorized by that
chapter.
Sec. 1061.303. TAX RATE; CHANGE IN RATE. (a) The district
may impose a tax authorized by this subchapter in increments of
one-eighth of one percent, with a minimum rate of one-eighth of one
percent and a maximum rate of two percent.
(b) The district may increase the rate of a tax authorized
by this subchapter to a maximum of two percent or decrease the rate
of the tax to a minimum of one-eighth of one percent if the change is
approved by a majority of the voters of the district at an election
called for that purpose.
Sec. 1061.304. ELECTION PROCEDURE. An election to adopt,
change the rate of, or abolish a tax authorized by this subchapter
is called by the adoption of an order of the board. The board may
call an election on its own motion and shall call an election if a
number of qualified voters in the district equal to at least five
percent of the number of registered voters in the district
petitions the board to call the election.
Sec. 1061.305. ELECTION IN OTHER TAXING AUTHORITY. (a) In
this section, "taxing authority" means any entity authorized to
impose a local sales and use tax.
(b) If the district is included within the boundaries of
another taxing authority and the adoption or increase in the rate of
a tax under this subchapter would result in a combined tax rate by
the district and other political subdivisions of this state of more
than two percent at any location in the district, an election to
approve or increase the rate of the tax has no effect unless:
(1) one or more of the other taxing authorities holds
an election in accordance with the law governing that authority on
the same date as the election under this subchapter to reduce the
tax rate of that authority to a rate that will result in a combined
tax rate by the district and other political subdivisions of not
more than two percent at any location in the district; and
(2) the combined tax rate is reduced to not more than
two percent as a result of that election.
(c) This section does not permit a taxing authority to
impose taxes at differential tax rates within the territory of the
authority.
Sec. 1061.306. TAX EFFECTIVE DATE. (a) The adoption,
change in the rate of, or abolition of a tax under this subchapter
takes effect on the first day of the first calendar quarter
occurring after the expiration of the first complete calendar
quarter occurring after the date on which the comptroller receives
notice of the results of an election to adopt, change the rate of,
or abolish the tax.
(b) If the comptroller determines that an effective date
provided by Subsection (a) will occur before the comptroller can
reasonably take the action required to begin collecting the tax or
to implement the change in the rate of the tax or the abolition of
the tax, the effective date may be extended by the comptroller until
the first day of the next calendar quarter.
Sec. 1061.307. USE OF TAX REVENUE. Revenue from a tax
imposed under this subchapter may be used by the district for any
purpose of the district authorized by law.
SECTION ____. Section 1061.151(b), Special District Local
Laws Code, is amended to read as follows:
(b) The proposed budget must contain a complete financial
statement of:
(1) the outstanding obligations of the district;
(2) the cash on hand in each district fund;
(3) the money received by the district from all
sources during the previous year;
(4) the money available to the district from all
sources during the ensuing year;
(5) the balances expected at the end of the year in
which the budget is being prepared;
(6) the estimated revenue and balances available to
cover the proposed budget;
(7) the estimated ad valorem tax rate required; and
(8) the proposed expenditures and disbursements and
the estimated receipts and collections for the following fiscal
year.
SECTION ____. The heading to Subchapter F, Chapter 1061,
Special District Local Laws Code, is amended to read as follows:
SUBCHAPTER F. AD VALOREM TAXES
SECTION ____. Section 26.012(1), Tax Code, is amended to
read as follows:
(1) "Additional sales and use tax" means an additional
sales and use tax imposed by:
(A) a city under Section 321.101(b);
(B) a county under Chapter 323; or
(C) a hospital district, other than a hospital
district:
(i) created on or after September 1, 2001,
that:
(a) [(i)] imposes the sales and use
tax under Subchapter I, Chapter 286, Health and Safety Code; or
(b) [(ii)] imposes the sales and use
tax under Subchapter L, Chapter 285, Health and Safety Code; or
(ii) that imposes the sales and use tax
under Subchapter G, Chapter 1061, Special District Local Laws Code.
Price