Amend CSHB 3 as follows:
(1) On page 2, between lines 15 and 16, insert the
following:
(d) In the first fiscal year for which the fund does not
receive a direct state appropriation of state money, the
comptroller, at the request of the board, shall transfer the
balance of the fund to one or more depositories selected by the
board as depositories for the corporation. On the date a transfer
is made under this subsection, the fund is abolished.
(2) On page 3, strike lines 16-27 and substitute the
following:
Sec. 109.032. BOARD OF DIRECTORS; PRESIDING OFFICER. (a)
The corporation shall operate subject to the general supervision of
a board of directors. The board of directors and the presiding
officer of the board of directors are selected as provided by the
articles of incorporation and bylaws of the corporation, in
accordance with the Texas Non-Profit Corporation Act (Article
1396-1.01 et seq., Vernon's Texas Civil Statutes). If required by
the bylaws of the corporation, the board of directors may also
include the following voting ex officio members:
(1) the commissioner of health and human services or a
person designated by the commissioner;
(2) the commissioner of insurance or a person
designated by the commissioner; and
(3) the director of the Title IV-D agency, or a person
designated by the director.
(b) A member of the board may not serve more than two terms,
without regard to whether the terms are consecutive.
(c) A person is not eligible to serve on the board if the
person or the person's spouse is employed by, represents in any
capacity, owns, or controls any ownership interest in a business or
organization:
(1) that may obtain a pecuniary or other favorable
interest in the course of a business activity with the corporation;
or
(2) from whom the corporation receives funds.
(d) A person is not eligible to serve on the board if the
person is or has been an adverse party in litigation against the
board or corporation.
(3) On page 2, line 16, between "REPORT." and "Not", insert
"(a)".
(4) On page 2, line 19, between "insurance." and "The",
insert "(b)".
(5) On page 2, between lines 23 and 24, insert the
following:
(c) The reporting requirement under this section only
applies during a period in which:
(1) the corporation receives state money under a
direct state appropriation; or
(2) a person appointed by the governor, other than an
ex officio member of the board, is serving as a member of the
board.
(6) On page 4, strike lines 1-27.
(7) On page 5, strike lines 1-5.
(8) On page 7, line 5, between "109.064" and the period,
insert "during a period in which:
(1) the corporation receives state money under a
direct state appropriation; or
(2) a person appointed by the governor, other than an
ex officio member of the board, is serving as a member of the
board".
(9) On page 7, line 21, between "AUDITOR." and "The", insert
"(a)".
(10) On page 7, line 23, between "Code" and the period,
insert "only during a period in which:
(1) the corporation receives state money under a
direct state appropriation; or
(2) a person appointed by the governor, other than an
ex officio member of the board, is serving as a member of the
board".
(11) On page 7, line 23, between the period and "The",
insert "(b)".
(12) On page 11, strike lines 7-11 and substitute
"Government Code, applies only during a period in which:
(1) the corporation receives state money under a
direct state appropriation; or
(2) a person appointed by the governor, other than an
ex officio member of the board, is serving as a member of the
board."
(13) On page 23, strike lines 1-7 and substitute the
following:
SECTION 4. (a) Notwithstanding Section 109.032, Health and
Safety Code, as added by this Act, the initial board of directors
of the Texas Healthy Kids Corporation appointed under this section
shall be composed of:
(1) six members appointed by the governor with the
advice and consent of the senate;
(2) the commissioner of health and human services or
the commissioner's designee, who serves as a voting ex officio
member;
(3) the commissioner of insurance or the
commissioner's designee, who serves as a voting ex officio member;
and
(4) the director of the Title IV-D agency, or the
director's designee, who serves as a voting ex officio member.
(b) The governor shall appoint the members of the board of
directors appointed under Subsection (a)(1) of this section as soon
as practical after the effective date of this Act. The terms of
those members expire on September 1, 1999.
(c) On expiration of the terms of the initial appointed
members of the board, the governor shall appoint four members for
terms expiring September 1, 2001, and two of the formerly appointed
positions shall be filled as provided by the articles and bylaws of
the corporation.
(d) On expiration of the terms of the four members appointed
under Subsection (c), the governor shall appoint two members to
serve terms expiring September 1, 2003. The two other positions of
the formerly appointed members shall be filled as provided by the
articles and bylaws of the corporation.
(e) After September 1, 2003, all members of the board of
directors shall be selected as provided by Section 109.032, Health
and Safety Code, as added by this Act.
(f) A person is not eligible for appointment by the governor
to the board of directors under this section if the person does not
satisfy the requirements of Section 109.032, Health and Safety
Code, as added by this Act.
(g) The members of the board shall annually elect a member
to serve as the presiding officer of the board.
(h) Members of the board of directors appointed by the
governor serving under this section serve without compensation, but
are entitled to reimbursement of their travel expenses as provided
for in the General Appropriations Act for state board or commission
members. Money appropriated to the Texas Department of Insurance,
the Health and Human Services Commission, or the Title IV-D agency
may be spent, consistent with the General Appropriations Act, in
connection with the work or expenses of the ex officio members of
the initial board of directors.
(i) This section expires September 1, 2003.