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.