R E S O L U T I O N
1-1 BE IT RESOLVED by the House of Representatives of the State
1-2 of Texas, 76th Legislature, Regular Session, 1999, That House Rule
1-3 13, Section 9(a), be suspended in part as provided by House Rule
1-4 13, Section 9(f), to enable the conference committee appointed to
1-5 resolve the differences on House Bill No. 1676, relating to
1-6 permanent funds for certain public health purposes, to consider and
1-7 take action on the following matters:
1-8 1. House Rule 13, Section 9(a)(1), is suspended to permit
1-9 the committee to change the text of Section 403.105(a), Government
1-10 Code, in SECTION 1 of the bill, so that the subsection reads as
1-11 follows:
1-12 (a) The permanent fund for tobacco education and enforcement
1-13 is a dedicated account in the general revenue fund. The fund is
1-14 composed of:
1-15 (1) money transferred to the fund at the direction of
1-16 the legislature;
1-17 (2) gifts and grants contributed to the fund; and
1-18 (3) the available earnings of the fund determined in
1-19 accordance with Section 403.1068.
1-20 Explanation: This change is necessary to provide that the
1-21 permanent fund for tobacco education and enforcement is a dedicated
1-22 account in the general revenue fund.
1-23 2. House Rule 13, Section 9(a)(1), is suspended to permit
1-24 the committee to change the text of Section 403.1055(a), Government
2-1 Code, in SECTION 1 of the bill, so that the subsection reads as
2-2 follows:
2-3 (a) The permanent fund for children and public health is a
2-4 dedicated account in the general revenue fund. The fund is composed
2-5 of:
2-6 (1) money transferred to the fund at the direction of
2-7 the legislature;
2-8 (2) gifts and grants contributed to the fund; and
2-9 (3) the available earnings of the fund determined in
2-10 accordance with Section 403.1068.
2-11 Explanation: This change is necessary to provide that the
2-12 permanent fund for children and public health is a dedicated
2-13 account in the general revenue fund.
2-14 3. House Rule 13, Section 9(a)(3), is suspended to permit
2-15 the committee to add text in Section 403.1055(c), Government Code,
2-16 in SECTION 1 of the bill, so that the subsection reads as follows:
2-17 (c) The available earnings of the fund may be appropriated
2-18 to the Texas Department of Health for the purpose of developing and
2-19 demonstrating cost-effective prevention and intervention strategies
2-20 for improving health outcomes for children and the public and for
2-21 providing grants to local communities to address specific public
2-22 health priorities, including sickle cell anemia, diabetes, high
2-23 blood pressure, cancer, heart attack, stroke, keloid tissue and
2-24 scarring, and respiratory disease, and for providing grants to
2-25 local communities for essential public health services as defined
2-26 in the Health and Safety Code.
2-27 Explanation: This change is necessary to specify the types
3-1 of specific public health priorities for which the available
3-2 earnings of the permanent fund for children and public health may
3-3 be used.
3-4 4. House Rule 13, Section 9(a)(1), is suspended to permit
3-5 the committee to change the text of Section 403.106(a), Government
3-6 Code, in SECTION 1 of the bill, so that the subsection reads as
3-7 follows:
3-8 (a) The permanent fund for emergency medical services and
3-9 trauma care is a dedicated account in the general revenue fund.
3-10 The fund is composed of:
3-11 (1) money transferred to the fund at the direction of
3-12 the legislature;
3-13 (2) gifts and grants contributed to the fund; and
3-14 (3) the available earnings of the fund determined in
3-15 accordance with Section 403.1068.
3-16 Explanation: This change is necessary to provide that the
3-17 permanent fund for emergency medical services and trauma care is a
3-18 dedicated account in the general revenue fund.
3-19 5. House Rule 13, Section 9(a)(1), is suspended to permit
3-20 the committee to change the text of Section 403.1065(a),
3-21 Government Code, in SECTION 1 of the bill, so that the subsection
3-22 reads as follows:
3-23 (a) The permanent fund for rural health facility capital
3-24 improvement is a dedicated account in the general revenue fund.
3-25 The fund is composed of:
3-26 (1) money transferred to the fund at the direction of
3-27 the legislature;
4-1 (2) payments of interest and principal on loans made
4-2 under Subchapter G, Chapter 106, Health and Safety Code, and fees
4-3 collected under that subchapter;
4-4 (3) gifts and grants contributed to the fund; and
4-5 (4) the available earnings of the fund determined in
4-6 accordance with Section 403.1068.
4-7 Explanation: This change is necessary to provide that the
4-8 permanent fund for rural health facility capital improvement is a
4-9 dedicated account in the general revenue fund.
4-10 6. House Rule 13, Section 9(a)(1), is suspended to permit
4-11 the committee to change the text of Sections 403.1067 and
4-12 403.1068(a), Government Code, in SECTION 1 of the bill, so that the
4-13 sections read as follows:
4-14 Sec. 403.1067. RESTRICTIONS ON LOBBYING EXPENDITURES. (a)
4-15 An organization, program, political subdivision, public institution
4-16 of higher education, local community organization, or other entity
4-17 receiving funds or grants from the permanent funds in Section
4-18 403.105, 403.1055, 403.106, 403.1065, or 403.1066 may not use the
4-19 funds or grants to pay:
4-20 (1) lobbying expenses incurred by the recipient;
4-21 (2) a person or entity that is required to register
4-22 with the Texas Ethics Commission under Chapter 305, Government
4-23 Code;
4-24 (3) any partner, employee, employer, relative,
4-25 contractor, consultant, or related entity of a person or entity
4-26 described by Subdivision (2); or
4-27 (4) a person or entity who has been hired to represent
5-1 associations or other entities for the purpose of affecting the
5-2 outcome of legislation, agency rules, ordinances, or other
5-3 government policies.
5-4 (b) The persons or entities described by Subsection (a) are
5-5 not eligible to receive the money or participate either directly or
5-6 indirectly in the contracts, funds, or grants awarded in Section
5-7 403.105, 403.1055, 403.106, 403.1065, or 403.1066.
5-8 (c) Grants or awards made under Section 403.105, 403.1055,
5-9 403.106, 403.1065, or 403.1066 may not be conditioned on the
5-10 enactment of legislation, agency rules, or local ordinances.
5-11 Sec. 403.1068. MANAGEMENT OF CERTAIN FUNDS. (a) This
5-12 section applies only to management of the permanent funds
5-13 established under Sections 403.105, 403.1055, 403.106, 403.1065,
5-14 and 403.1066.
5-15 Explanation: This change is necessary to allow the addition
5-16 of cross-references to a newly added section.
5-17 7. House Rule 13, Sections 9(a)(1) and (3), are suspended to
5-18 permit the committee to change the text of, and add text to,
5-19 SECTION 3 of the bill, so that the section reads as follows:
5-20 SECTION 3. On the effective date of this Act, the
5-21 comptroller shall transfer:
5-22 (1) $200 million from tobacco proceeds in the general
5-23 revenue fund to the permanent fund for tobacco education and
5-24 enforcement established by Section 403.105, Government Code, as
5-25 added by this Act;
5-26 (2) $100 million from tobacco proceeds in the general
5-27 revenue fund to the permanent fund for children and public health
6-1 established by Section 403.1055, Government Code, as added by this
6-2 Act;
6-3 (3) $100 million from tobacco proceeds in the general
6-4 revenue fund to the permanent fund for emergency medical services
6-5 and trauma care established by Section 403.106, Government Code,
6-6 as added by this Act;
6-7 (4) $50 million from tobacco proceeds in the general
6-8 revenue fund to the permanent fund for rural health facility
6-9 capital improvement established by Section 403.1065, Government
6-10 Code, as added by this Act; and
6-11 (5) $25 million from tobacco proceeds in the general
6-12 revenue fund to the community hospital capital improvement fund
6-13 established by Section 403.1066, Government Code, as added by this
6-14 Act.
6-15 Explanation: These changes are necessary to ensure that
6-16 money transferred to the permanent funds established by the Act
6-17 comes from tobacco proceeds and that $100 million is transferred to
6-18 the permanent fund for children and public health.
Junell
_______________________________
Speaker of the House
I certify that H.R. No. 1069 was adopted by the House on May
22, 1999, by a non-record vote.
_______________________________
Chief Clerk of the House