By: Junell H.B. No. 1007
73R4915 RJA-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the management and control of certain state funds.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subsections (g) and (h), Section 17, Texas
1-5 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
1-6 amended to read as follows:
1-7 (g) Revenue, other than fines, collected under this Act
1-8 shall be deposited to the credit of the state pharmacy account in
1-9 the general revenue fund in <constitutes a fund outside> the state
1-10 treasury. Expenses <from which the expenses> of administering this
1-11 Act shall be <are> paid out of the state pharmacy account. Money
1-12 in the account <fund> may not be expended except pursuant to
1-13 specific legislative appropriation in the General Appropriations
1-14 Act. <An appropriation is not required for the investment of the
1-15 fund by the board and for payment of customary fees or charges in
1-16 connection with the investment.> Investment income shall be
1-17 deposited in the account <fund>. The fines collected under this
1-18 Act shall be deposited to the credit of the general revenue fund
1-19 and may not be used for the administration of this Act. The board
1-20 shall defray all expenses under this Act from fees provided in this
1-21 Act, and the State of Texas shall never be liable for the
1-22 compensation or expenses of any member of the board, or its
1-23 officers or employees, or any other expenses thereof. The board's
1-24 books and records are subject to audit by the state auditor in
2-1 accordance with Chapter 321, Government Code.
2-2 (h) The board may receive and expend funds, in addition to
2-3 funds collected under Subsection (g) of this section, from parties
2-4 other than the state in accordance with state law. Funds received
2-5 shall be deposited to the credit of the state pharmacy account in
2-6 the general revenue fund.
2-7 SECTION 2. Subsection (i), Section 27A, Texas Pharmacy Act
2-8 (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
2-9 read as follows:
2-10 (i) Funds and surcharges collected under this section shall
2-11 be deposited in the account <fund> created under Subsection (g) of
2-12 Section 17 of this Act, and may be used by the board to administer
2-13 the program authorized by this section, including the provision of
2-14 initial evaluation and referral services of a qualified health
2-15 professional to an impaired pharmacist or pharmacy student and to
2-16 pay the administrative costs incurred by the board in connection
2-17 with that funding, but not for costs incurred for treatment or
2-18 rehabilitation subsequent to such initial evaluation and referral
2-19 services.
2-20 SECTION 3. Subsection (k), Section 2.09, Medical Practice
2-21 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
2-22 read as follows:
2-23 (k) The board shall establish by rule a reasonable charge
2-24 for those fees not specifically determined but authorized by this
2-25 Act. The board may not waive collection of any fee or penalty.
2-26 The board shall place all fees received under authority of this
2-27 Act, not otherwise specified, into the medical licensing fund in
3-1 the state treasury. The board is authorized and shall by annual
3-2 budget determine the manner of handling the funds and the purpose,
3-3 consistent with this Act, for which the same may be used. The
3-4 budgeted expenses authorized by the board shall be paid out of
3-5 funds received by the board and are not <be> a charge upon the
3-6 general revenue of the state <nor paid from the general revenue>.
3-7 SECTION 4. Subchapter B, Medical Practice Act (Article
3-8 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
3-9 2.10 to read as follows:
3-10 Sec. 2.10. CREATION OF FUNDS. (a) The medical licensing
3-11 fund is created as an account in the general revenue fund. Unless
3-12 otherwise provided by this Act, all fees, charges, and penalties,
3-13 other than registration fees, received by the board shall be
3-14 deposited in the state treasury to the credit of the medical
3-15 licensing fund.
3-16 (b) The medical registration fund is created as an account
3-17 in the general revenue fund. All registration fees received under
3-18 this Act shall be deposited in the state treasury to the credit of
3-19 the medical registration fund.
3-20 SECTION 5. Section 771.051, Health and Safety Code, is
3-21 amended to read as follows:
3-22 Sec. 771.051. Powers and Duties of Advisory Commission. (a)
3-23 The advisory commission shall:
3-24 (1) administer the implementation of statewide 9-1-1
3-25 service;
3-26 (2) develop minimum performance standards for
3-27 equipment and operation of 9-1-1 service to be followed in
4-1 developing regional plans under Section 771.055, including
4-2 requirements that the plans provide for:
4-3 (A) automatic number identification by which the
4-4 telephone number of the caller is automatically identified at the
4-5 public safety answering point receiving the call; and
4-6 (B) other features the commission considers
4-7 appropriate;
4-8 (3) examine and approve or disapprove regional plans
4-9 as provided by Section 771.056;
4-10 (4) recommend minimum training standards and provide
4-11 assistance in the establishment and operation of 9-1-1 service; and
4-12 (5) allocate money to prepare and operate regional
4-13 plans as provided by Section 771.056.
4-14 (b) The advisory commission shall comply with state laws
4-15 requiring state agencies, boards, or commissions generally to
4-16 submit appropriations requests to the Legislative Budget Board and
4-17 the governor and to develop a strategic plan for operations.
4-18 SECTION 6. Subsection (e), Section 771.072, Health and
4-19 Safety Code, is amended to read as follows:
4-20 (e) The advisory commission shall deposit <manage> the
4-21 surcharges in an account in the general revenue fund in <outside>
4-22 the state treasury until they are allocated to regional planning
4-23 commissions. From that account, <The advisory commission may
4-24 retain from the surcharges> the amount necessary for the commission
4-25 to carry out its duties under this chapter shall be appropriated to
4-26 the commission.
4-27 SECTION 7. Section 403.096, Government Code, is amended by
5-1 adding Subsection (i) to read as follows:
5-2 (i) In addition to other information included in its report
5-3 under this section, the committee shall review funds held outside
5-4 the state treasury by state agencies and institutions of higher
5-5 education and make recommendations on the disposition of those
5-6 funds. Recommendations to the 74th Legislature shall include an
5-7 analysis of the use of funds held outside the state treasury and
5-8 the advisability of moving those funds into the treasury. As part
5-9 of the report, the committee should propose guidelines that could
5-10 be used in determining when funds should be held locally in bank
5-11 accounts and when funds should be deposited in the state treasury.
5-12 This subsection expires September 1, 1995.
5-13 SECTION 8. This Act takes effect immediately, except that
5-14 Sections 1, 2, 3, 4, and 6 of this Act take effect August 31, 1994.
5-15 SECTION 9. The importance of this legislation and the
5-16 crowded condition of the calendars in both houses create an
5-17 emergency and an imperative public necessity that the
5-18 constitutional rule requiring bills to be read on three several
5-19 days in each house be suspended, and this rule is hereby suspended,
5-20 and that this Act take effect and be in force according to its
5-21 terms, and it is so enacted.