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.