By Ratliff                                             S.R. No. 991

         75R17474 GCH-D                           

                                 R E S O L U T I O N

 1-1           BE IT RESOLVED by the Senate of the State of Texas, 75th

 1-2     Legislature, Regular Session, 1997, That Senate Rules 12.03 and

 1-3     12.04 be suspended in part as provided by Senate Rule 12.08 to

 1-4     enable the conference committee appointed to resolve the

 1-5     differences on Senate Bill No. 1898 to consider and take action on

 1-6     the following specific matters:

 1-7           (1)  Senate Rule 12.04(5) is suspended to permit the

 1-8     committee to add the following item of appropriation that is not

 1-9     included in either the house or senate version of the bill:

1-10           SECTION 17.  TEXAS A&M UNIVERSITY SYSTEM ADMINISTRATIVE AND

1-11     GENERAL OFFICES.  In addition to other amounts appropriated for the

1-12     fiscal biennium beginning September 1, 1997, the sum of $2,500,000

1-13     is appropriated from the general revenue fund to the Board of

1-14     Regents of The Texas A&M University System for that biennium for

1-15     the purpose of funding scholarships for needy students.  The board

1-16     of regents shall allocate the appropriation made by this section to

1-17     degree granting components of The Texas A&M University System on

1-18     the basis of need, considering all other funding sources and other

1-19     information as determined by the board.

1-20           Explanation:  This addition is necessary to fund scholarships

1-21     for needy students at The Texas A&M University System.

1-22           (2)  Senate Rule 12.04(5) is suspended to permit the

1-23     committee  to add the following item of appropriation that is not

1-24     included in either the house or senate version of the bill:

 2-1           SECTION 18.  GOVERNOR.  In addition to amounts previously

 2-2     appropriated for the current biennium, the sum of $2,000,000 out of

 2-3     the general revenue fund is appropriated to the Office of the

 2-4     Governor for the two-year period beginning on the effective date of

 2-5     this Act for the purpose of providing disaster funding to units of

 2-6     local government and other eligible entities.

 2-7           Explanation:  This addition is necessary to provide

 2-8     additional funding for disaster preparedness and relief.

 2-9           (3)  Senate Rule 12.04(5) is suspended to permit the

2-10     committee to add the following item of appropriation that is not

2-11     included in either the house or senate version of the bill:

2-12           SECTION 19.  AMENDMENT.  Article II, House Bill No. 1, Acts

2-13     of the 75th Legislature, Regular Session, 1997, is amended by

2-14     adding the following rider provisions below the appropriations to

2-15     the Department of Health:  . . .

2-16     CONTINGENCY FOR HOUSE BILL 1875.  Contingent on the enactment of

2-17     House Bill 1875 or similar legislation by the 75th Legislature,

2-18     Regular Session,  1997, relating to the imposition and use of

2-19     certain fees imposed on certain milk and milk products, the Texas

2-20     Department of Health is appropriated, out of additional revenues

2-21     collected under House Bill 1875, the amounts of  $420,000 for the

2-22     fiscal year beginning September 1, 1997, and $420,000 for the

2-23     fiscal year beginning September 1, 1998, for the purpose of dairy

2-24     regulation.

2-25           Explanation:  This addition is necessary to provide

2-26     additional funding for dairy regulation.

2-27           (4)  Senate Rule 12.04(5) is suspended to permit the

 3-1     committee to add the following item of appropriation that is not

 3-2     included in either the house or senate version of the bill:

 3-3           SECTION 20.  AMENDMENT.  Appropriation item A.2.8., page

 3-4     III-35, Article III, House Bill No. 1, Acts of the 75th

 3-5     Legislature, Regular Session, 1997, is amended to read as follows:

 3-6     A.2.8. Strategy:  LAMAR UNIV-PORT ARTHUR $326,429 $332,957 [A.2.8.

 3-7     Strategy: LAMAR UNIV-PORT ARTHUR $217,970 $222,329]

 3-8           Explanation:  This addition is necessary to provide funding

 3-9     for employees' group insurance contributions at a certain

3-10     institution of higher education.

3-11           (5)  Senate Rule 12.03(4) is suspended to permit the

3-12     committee to add the following text on a matter that is not

3-13     included in either the house or senate version of the bill:

3-14           SECTION 21.  AMENDMENT.  Rider No. 2, page IV-12, Article IV,

3-15     House Bill No. 1, Acts of the 75th Legislature, Regular Session,

3-16     1997, is amended to read as follows:

3-17     2.  CONTINGENCY APPROPRIATION FOR SENATE BILL 1417.  Contingent

3-18     upon enactment of Senate Bill 1417, or similar legislation, by the

3-19     Seventy-fifth Legislature, Regular Session, the Office of Court

3-20     Administration is hereby appropriated an amount not to exceed

3-21     $2,193,954 in fiscal year 1998 and $2,774,955 in fiscal year 1999

3-22     out of receipts collected pursuant to Senate Bill 1417 [for the

3-23     purpose of implementing that Act]. In no event shall the

3-24     appropriation exceed   the revenues generated by Senate Bill 1417,

3-25     or similar legislation. The Office of Court Administration is

3-26     hereby authorized to transfer the appropriation made pursuant to

3-27     this provision to the appropriate strategy items listed above.

 4-1     Funds appropriated by this provision may be expended for capital

 4-2     budget purposes notwithstanding limitations on capital budget

 4-3     expenditures elsewhere in this Act. Also contingent on the

 4-4     enactment of Senate Bill 1417, or similar legislation, the "Number

 4-5     of Full-time Equivalent Positions (FTE)" figure indicated above is

 4-6     hereby increased by 29 for fiscal year 1998 and by 29 in fiscal

 4-7     year 1999.

 4-8           Explanation:  This addition is necessary to correct an

 4-9     inconsistency in the language providing the purpose of an

4-10     appropriation to the Office of Court Administration.

4-11           (6)  Senate Rule 12.04(5) is suspended to permit the

4-12     committee to add the following item of appropriation that is not

4-13     included in either the house or senate version of the bill:

4-14           SECTION 22.  AMENDMENT.  Rider No. 2, page IV-19, Article IV,

4-15     House Bill No. 1, Acts of the 75th Legislature, Regular Session,

4-16     1997, is amended to read as follows:

4-17     2.  APPROPRIATION SOURCE, PUBLIC INTEGRITY UNIT.  Out of the funds

4-18     appropriated above in Item 10., $1,571,172  [$1,831,172] in fiscal

4-19     year  1998 and $1,600,745 [$1,860,745] in fiscal year  1999 is

4-20     appropriated specifically to facilitate motor fuel tax fraud and

4-21     insurance fraud investigations by the Public Integrity Unit in the

4-22     District Attorney's Office of the Fifty-third Judicial District. It

4-23     is the intent of the Legislature that the funds specified in the

4-24     Method of Financing as being appropriated out of the State Highway

4-25     Fund No. 006 and the General Revenue Fund - Dedicated, Insurance

4-26     Operating Account be allocated to the appropriation made above in

4-27     Item 10. In no event shall the amount of general revenue funds

 5-1     allocated and/or granted to the Public Integrity Unit, other than

 5-2     the General Revenue Fund - Dedicated Insurance Operating Account

 5-3     Grants identified in this provision, exceed $260,000 in any fiscal

 5-4     year of the biennium. In no event shall any funds appropriated

 5-5     above out of the Judicial Fund No. 573 be allocated to the Public

 5-6     Integrity Unit.

 5-7           Explanation:  This addition is necessary to reduce certain

 5-8     appropriations to the public integrity unit in the office of the

 5-9     district attorney of the 53rd Judicial District.

5-10           (7)  Senate Rule 12.04(5) is suspended to permit the

5-11     committee to add the following item of appropriation that is not

5-12     included in either the house or senate version of the bill:

5-13           SECTION 23.  COMPTROLLER:  DISTRICT ATTORNEY SALARIES.

5-14     Notwithstanding any limitations to the contrary in House Bill No.

5-15     1, Acts of the 75th Legislature, Regular Session, 1997, and if the

5-16     comptroller makes the finding of fact described by Section 8,

5-17     Article IV, of that Act, and the salary rates provided by that

5-18     section take effect, the state salary payable to a felony

5-19     prosecutor subject to the professional prosecutors law (Chapter 46,

5-20     Government Code) shall be $101,700 for the fiscal year beginning

5-21     September 1, 1998.

5-22           Explanation:  This addition is necessary to provide district

5-23     attorneys under the professional prosecutors law with an increase

5-24     in salary in the second year of the upcoming fiscal biennium.

5-25           (8)  Senate Rule 12.04(5) is suspended to permit the

5-26     committee to add the following item of appropriation that is not

5-27     included in either the house or senate version of the bill:

 6-1           SECTION 24.  COMPTROLLER:  DEPUTY COURT CLERK SALARIES.

 6-2     Notwithstanding any language to the contrary in House Bill No. 1,

 6-3     Acts of the 75th Legislature, Regular Session, 1997, the salary

 6-4     rate payable out of funds appropriated by that Act to an employee

 6-5     in the classified positions "C066 Chief Deputy Clerk, Court of

 6-6     Criminal Appeals" or "C068 Chief Deputy Clerk, Supreme Court" shall

 6-7     be governed by the salary rates established for salary group B14 in

 6-8     Article IX of that Act.

 6-9           Explanation:  This addition is necessary to provide

6-10     appropriate salaries for chief deputy clerks of the state's two

6-11     highest courts.

6-12           (9)  Senate Rule 12.03(4) is suspended to permit the

6-13     committee to add the following text on a matter that is not

6-14     included in either the house or senate version of the bill:

6-15           SECTION 27.  PERFORMANCE MEASURES.  The Legislative Budget

6-16     Board shall develop performance measures for the additional

6-17     appropriations provided by this Act.

6-18           SECTION 28.  RECAPITULATION AMOUNTS AND TOTALS.  All

6-19     recapitulation amounts and totals in House Bill No. 1, Acts of the

6-20     75th Legislature, Regular Session, 1997, shall be adjusted to

6-21     incorporate the amendments made to that Act by this Act.

6-22           Explanation:  This addition is necessary to permit the

6-23     appropriations made by this Act to be treated as part of the

6-24     overall state budget.

6-25           (10)  Senate Rule 12.03(4) is suspended to permit the

6-26     committee to add the following text on a matter that is not

6-27     included in either the house or senate version of the bill:

 7-1           SECTION 29.  REPEALER.  Riders No. 29 and 30, page VI-27,

 7-2     Article VI, House Bill No. 1, Acts of the 75th Legislature, Regular

 7-3     Session, 1997, are repealed.

 7-4           Explanation:  This addition is necessary to repeal contingent

 7-5     riders in the General Appropriations Act that are obsolete because

 7-6     the legislation to which they refer is no longer viable.