By Montford S.B. No. 410 74R6056 GCH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the delay of certain payments or transfers from the 1-3 general revenue fund. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. APPROPRIATIONS FOR ICF-MR/RC VENDOR PAYMENTS. 1-6 The comptroller shall retain in the general revenue fund during the 1-7 fiscal biennium ending August 31, 1997, 1/24 of the appropriations 1-8 made to the Texas Department of Mental Health and Mental 1-9 Retardation for that period for the payment of costs of medical 1-10 treatment and active habilitative or restorative care for Medicaid 1-11 recipients with mental retardation or related developmental 1-12 disabilities in community-based facilities. As soon as practicable 1-13 after August 31, 1997, the comptroller may begin issuing warrants 1-14 payable from the amount retained as provided by this section in 1-15 payment of expenses for which the appropriations were made. 1-16 SECTION 2. APPROPRIATIONS TO CERTAIN INSTITUTIONS OF HIGHER 1-17 EDUCATION. (a) This section applies only to general revenue 1-18 appropriations to institutions of higher education that are not the 1-19 appropriations made under Section 17, Article VII, Texas 1-20 Constitution. 1-21 (b) The higher education appropriations account is a special 1-22 account in the general revenue fund. 1-23 (c) The comptroller shall retain the appropriations to each 1-24 institution of higher education in the general revenue fund until 2-1 the appropriations are transferred to the higher education 2-2 appropriations account in accordance with this section. 2-3 (d) Notwithstanding any other law, on September 1, 1996, the 2-4 comptroller, as a ministerial duty, shall: 2-5 (1) transfer from the general revenue fund to the 2-6 higher education appropriations account an amount equal to 43/48 2-7 of the total appropriations to institutions of higher education for 2-8 the fiscal year beginning September 1, 1996; and 2-9 (2) make available to each institution of higher 2-10 education an amount equal to 43/48 of the total appropriations for 2-11 that fiscal year to which the institution is entitled. 2-12 (e) Notwithstanding any other law, on September 1, 1997, the 2-13 comptroller shall make available from the general revenue fund to 2-14 each institution of higher education an amount equal to 5/48 of 2-15 the total appropriations to the institution for the fiscal year 2-16 beginning September 1, 1996. 2-17 (f) In this section, "institution of higher education" means 2-18 an institution of higher education, as defined by Section 61.003, 2-19 Education Code, other than a public junior college or public 2-20 technical institute, as those terms are defined by that section, 2-21 and other than hospital operations at The University of Texas M. D. 2-22 Anderson Cancer Center, The University of Texas Medical Branch 2-23 Hospital, and The University of Texas Health Center at Tyler. 2-24 (g) This section expires October 1, 1997. 2-25 SECTION 3. APPROPRIATIONS TO PUBLIC JUNIOR COLLEGES. 2-26 (a) The comptroller shall retain the appropriations to each public 2-27 junior college in the general revenue fund until the appropriations 3-1 are transferred to the higher education appropriations account 3-2 established under Section 2 of this Act in accordance with this 3-3 section. 3-4 (b) Notwithstanding any other law, on September 1, 1996, the 3-5 comptroller, as a ministerial duty, shall: 3-6 (1) transfer from the general revenue fund to the 3-7 higher education appropriations account an amount equal to 43/48 3-8 of the total appropriations to public junior colleges for the 3-9 fiscal year beginning September 1, 1996; and 3-10 (2) distribute, in the manner and at the times 3-11 provided by Section 130.0031, Education Code, to each public junior 3-12 college an amount equal to 43/48 of the total appropriations for 3-13 that fiscal year to which the institution is entitled. 3-14 (c) Notwithstanding Section 130.0031, Education Code, on 3-15 September 1, 1997, the comptroller, as a ministerial duty, shall 3-16 distribute from the general revenue fund to each public junior 3-17 college an amount equal to 5/48 of the total appropriations to the 3-18 public junior college for the fiscal year beginning September 1, 3-19 1996. 3-20 (d) In this section, "public junior college" has the meaning 3-21 assigned by Section 61.003, Education Code. 3-22 (e) This section expires October 1, 1997. 3-23 SECTION 4. ALLOCATIONS TO STATE HIGHWAY FUND. 3-24 (a) Notwithstanding any other law, the comptroller shall allocate 3-25 and deposit to the credit of the state highway fund the portions of 3-26 the following revenue allocable to that fund as soon as practicable 3-27 after September 5, 1997, and no later than September 10, 1997: 4-1 (1) the unclaimed refunds of gasoline taxes under 4-2 Section 153.502, Tax Code, for June, July, and August, 1997; 4-3 (2) the gasoline taxes collected under Subchapter B, 4-4 Chapter 153, Tax Code, for June, July, and August, 1997; 4-5 (3) the diesel fuel taxes collected under Subchapter 4-6 C, Chapter 153, Tax Code, for June, July, and August, 1997; and 4-7 (4) the liquefied gas taxes collected under Subchapter 4-8 D, Chapter 153, Tax Code, for June, July, and August, 1997. 4-9 (b) This section expires October 1, 1997. 4-10 SECTION 5. REVOCATION OF DELAY OF PAYMENT OR TRANSFER. The 4-11 Legislative Budget Board after a public hearing may revoke a delay 4-12 made by this Act in the distribution of appropriations or in the 4-13 allocation and deposit of revenues if the board determines that 4-14 sufficient amounts are available in the general revenue fund to 4-15 avoid the delay. 4-16 SECTION 6. EMERGENCY. The importance of this legislation 4-17 and the crowded condition of the calendars in both houses create an 4-18 emergency and an imperative public necessity that the 4-19 constitutional rule requiring bills to be read on three several 4-20 days in each house be suspended, and this rule is hereby suspended, 4-21 and that this Act take effect and be in force from and after its 4-22 passage, and it is so enacted.