By Junell H.R. No. 1069 76R16926 DLF-D 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.