House Research Organization • Texas House of Representatives P.O
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HOUSE RESEARCH ORGANIZATION • TEXAS HOUSE OF REPRESENTATIVES P.O. Box 2910, Austin, Texas 78768-2910 (512) 463-0752 • http://www.hro.house.state.tx.us Steering Committee: Alma Allen, Chairman Dwayne Bohac, Vice Chairman Rafael Anchia Donna Howard Eddie Lucio III Myra Crownover Joe Farias Bryan Hughes Susan King Doug Miller Joe Deshotel John Frullo Ken King J. M. Lozano Joe Pickett HOUSE RESEARCH ORGANIZATION daily floor report Monday, May 11, 2015 84th Legislature, Number 67 The House convenes at 10 a.m. Part Three Eighty-two bills are on the daily calendar for second-reading consideration today. The bills analyzed or digested in Part Three of today’s Daily Floor Report are listed on the following page. Alma Allen Chairman 84(R) - 67 HOUSE RESEARCH ORGANIZATION Daily Floor Report Monday, May 11, 2015 84th Legislature, Number 67 Part 3 HB 4182 by Lucio III Creating the Cameron County Healthcare District 85 HB 548 by Johnson Barring agencies from asking about criminal history on job applications 88 HB 3374 by Morrison Requiring DSHS to provide information regarding Down syndrome 90 HB 3074 by Springer Providing artificially administered nutrition and hydration 93 HB 1892 by Rodriguez Establishing the Texas community school grant program 98 HB 2020 by Martinez Expanding the scope of certain paramedics’ duties 102 HB 2205 by Crownover Expanding the State Board for Educator Certification 105 HB 1624 by Smithee Requiring health benefit plans to post formulary information, directories 107 HB 3781 by Crownover Creating the Texas Health Improvement Network 110 HB 799 by Capriglione Establishing study on impact of federal regulation on state agencies 113 HB 1265 by Wu Regulating certain deceptive acts involving solicitation of goods, services 115 HB 71 by González Revising affirmative defense for indecency with a child 117 HB 2150 by Alvarado Expanding reasons for issuing challenges against jurors on grand juries 119 HB 603 by Davis Offense for unlawful dissemination of certain visual material 121 HB 211 by Rose Adjusting rules for criminal cases after competency determinations 124 HB 2356 by Bohac Allowing certain election administrators to combine election precincts 126 HB 2221 by Huberty Limiting a municipality’s ability to annex 128 HB 2303 by Kuempel Limiting liability for injuries incurred from certain recreational vehicles 132 HB 2703 by Simmons Establishing the Texas Board of Behavior Analyst Examiners 133 HB 3750 by Simmons Conducting an inventory of real property owned by the state 139 HB 2318 by Ashby Creating a tax credit for diesel fuel used for certain purposes 142 HB 3835 by Isaac Changing provisions for alternative fuel vehicles used by state agencies 144 HB 2525 by Coleman Counsel for indigent defendants with warrant, arrest in different counties 147 HB 2571 by Johnson Requiring report on projected environmental changes for agency planning 149 HB 2646 by Giddings Disclosing information about communicable diseases to first responders 153 HB 2684 by Giddings Requiring specific training for school district peace and resource officers 156 HOUSE RESEARCH HB 4182 ORGANIZATION bill digest 5/11/2015 Lucio, et al. SUBJECT: Creating the Cameron County Healthcare District COMMITTEE: County Affairs — favorable, without amendment VOTE: 5 ayes — Coleman, Farias, Romero, Spitzer, Wu 0 nays 4 absent — Burrows, Schubert, Stickland, Tinderholt WITNESSES: For — Daniel Sanchez, Cameron County; Arturo Rodriguez, City of Brownsville; Chris Boswell, City of Harlingen; Julee LaMure, City of South Padre Island; Randolph Whittington, South Texas Medical Foundation; Elena Marin, Su Clinica; Donald Lee, Texas Conference of Urban Counties; (Registered, but did not testify: Ramiro Garza, City of Edinburg; Ramon Garcia, Hidalgo County; Richard Glancey, Valley Baptist/Tenet Health) Against — Jordan Campbell, Cameron County Women’s Republican Club; Jim Barnes, McAllen Tea Party; Joshua Ballenger, North Cameron County Republican Club; Matthew Machner, UT Brownsville College Republicans; (Registered, but did not testify: Eva Euler, HC Republican Women; Merrijo Bonds, Hidalgo Tea Party; April Lopez, Lopez Family Clinic; Elizabeth Barnes, McAllen/Hidalgo County Tea Party, and 40 individuals) BACKGROUND: Cameron County’s relatively low rate of health coverage and lack of a public hospital or hospital district to help meet indigent care needs have caused some to call for the creation of a health care district to provide a vehicle to address some of these needs. DIGEST: HB 4182 would allow for the creation of the Cameron County Healthcare District and the authorization of a property tax of up to 25 cents per $100 of taxable property valuation, contingent upon voter approval. The bill would outline the process and requirements for the election, which would be held in the territory of the proposed district. - 85 - HB 4182 House Research Organization page 2 Formation and duties. The bill would provide for the creation of a board of nine directors to govern the district if voters approved the health care district. It would include provisions detailing the requirements for board appointments, terms of service and election of officers for the board, as well as appointment of a district administrator, assistant district administrator, and attorney. The bill would provide for employee recruitment and benefits as well as the appointment and removal of medical staff. HB 4182 would specify that the state could not be obligated to support or maintain the district and the Legislature could not make a direct appropriation for the construction, maintenance, or improvement of a district facility. The bill also would provide for the dissolution of the district through the approval of a majority of voters in an election held for that purpose and related allowances and requirements. The bill would establish district powers and duties, including establishing its responsibility for operating the district’s hospital facilities and providing medical and hospital care for the district’s needy inhabitants. The district could operate or provide for the operation of a mobile emergency medical service, home health services, long-term care, skilled nursing care and other types of care. The bill would include provisions for management of the district, rule-making, contract operation and management, payments for treatment, the power of eminent domain, and other powers and duties. Financing. The bill would establish requirements to be met by the board and the district administrator for budget preparation and adoption and other matters related to general financial management and reporting. It would establish the board’s ability to issue and sell general obligation bonds in the name and on the faith and credit of the district to be used to purchase, construct, acquire, repair or renovate buildings or for other uses. HB 4182 also would establish the board’s ability to impose a property tax sufficient to pay the principal of and interest on general obligation bonds at maturity contingent upon the approval of the majority of voters voting in an election called for that purpose. The bill would provide requirements for calling a bond election. It would include provisions on the imposition - 86 - HB 4182 House Research Organization page 3 of a property tax to pay bond debt and the district’s maintenance and operating expenses. On the creation of the Cameron County Healthcare District or as soon as practicable after the district was created, the bill would require that the Cameron County Commissioners Court transfer to the district all operating funds, and any funds held in reserve for operating expenses, that had been budgeted by the county to pay the costs associated with administering a county program to provide to residents of the district indigent health care assistance under Health and Safety Code, ch. 61 during the fiscal year in which the district was created. This bill would take immediate effect if finally passed by a two-thirds record vote of the membership of each house. Otherwise, it would take effect September 1, 2015, and the provision authorizing the district to exercise eminent domain would not apply. - 87 - HOUSE HB 548 RESEARCH Johnson, Elkins ORGANIZATION bill analysis 5/11/2015 (CSHB 548 by Elkins) SUBJECT: Barring agencies from asking about criminal history on job applications COMMITTEE: Government Transparency and Operation — committee substitute recommended VOTE: 6 ayes — Elkins, Walle, Galindo, Gutierrez, Leach, Scott Turner 0 nays 1 absent — Gonzales WITNESSES: For — Douglas Smith, Texas Criminal Justice Coalition; Jennifer Erschabek, Texas Inmate Families Association; Carisa Lopez, Texas State Employees Union; Natalie Baker; Ryan Barney; (Registered, but did not testify: Victor Cornell, American Civil Liberties Union of Texas; Seth Mitchell, Bexar County Commissioners Court; Kathryn Freeman, Christian Life Commission; Charles Reed, Dallas County Commissioners Court; Traci Berry, Goodwill Central Texas; Gyl Switzer, Mental Health America of Texas; Mark Mendez, Tarrant County Commissioners Court; Rick Levy, Texas AFLCIO; Lori Henning, Texas Association of Goodwills; Rebecca Bernhardt, Texas Fair Defense Project; Harrison Hiner, Texas State Employees Union; Lauren Johnson, Travis County Reentry Planning Council; Maxie Gallardo, Workers Defense Project) Against — (Registered, but did not testify: Frederick Frazier, Dallas Police Association; Mark Clark, Houston Police Officers' Uniom; Julie Acevedo, Texas Fire Chief's Association) BACKGROUND: Government Code, ch. 656,