76R10798 DAK-D                           
         By Capelo, Goodman                                    H.B. No. 2871
         Substitute the following for H.B. No. 2871:
         By Truitt                                         C.S.H.B. No. 2871
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the funding and construction of post-adjudication
 1-3     facilities for certain children.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1.  Sections 141.086(g), (h), (i), (j), and (k),
 1-6     Human Resources Code, are amended to read as follows:
 1-7           (g)  For a facility constructed under this section, [the
 1-8     following amounts may be appropriated:]
 1-9                 [(1)  not more than 50 percent of the operating costs
1-10     of the facility during the 1997 fiscal year; and]
1-11                 [(2)]  not more than 25 percent of the operating costs
1-12     of the facility may be reimbursed by the commission [during each of
1-13     the 1998 and 1999 fiscal years].
1-14           (h)  It is the intent of the legislature to appropriate the
1-15     full amount of money authorized under Subsection (g)[(2)].
1-16           (i)  [On and after September 1, 1999, a facility constructed
1-17     under this section must be operated entirely by the county using
1-18     the facility.]
1-19           [(j)]  The commission shall conduct an annual audit of the
1-20     operating costs for a fiscal year of a facility constructed under
1-21     this section for each fiscal year for which funds are appropriated
1-22     unless the county in which the facility is located has conducted an
1-23     annual audit [through fiscal year 1999].  The commission shall
1-24     submit a report on the results of its or the county's [the] audit
 2-1     to the Legislative Budget Board and the governor not later than the
 2-2     60th day after the last day of the fiscal year covered by the
 2-3     audit.
 2-4           (j) [(k)]  In this section, "operating costs" means the
 2-5     operating costs of a facility at an 80-percent occupancy rate.
 2-6           SECTION 2.  This Act takes effect September 1, 1999.
 2-7           SECTION 3.  The importance of this legislation and the
 2-8     crowded condition of the calendars in both houses create an
 2-9     emergency and an imperative public necessity that the
2-10     constitutional rule requiring bills to be read on three several
2-11     days in each house be suspended, and this rule is hereby suspended.