By Ratliff S.R. No. 1075
76R16961 DLF-D
R E S O L U T I O N
1-1 BE IT RESOLVED by the Senate of the State of Texas, 76th
1-2 Legislature, Regular Session, 1999, That Senate Rule 12.03 be
1-3 suspended in part as provided by Senate Rule 12.08 to enable the
1-4 conference committee appointed to resolve the differences on House
1-5 Bill No. 1676, relating to permanent funds for certain public
1-6 health purposes, to consider and take action on the following
1-7 matters:
1-8 1. Senate Rule 12.03(1) is suspended to permit the committee
1-9 to change the text of Section 403.105(a), Government Code, in
1-10 SECTION 1 of the bill, so that the subsection reads as follows:
1-11 (a) The permanent fund for tobacco education and enforcement
1-12 is a dedicated account in the general revenue fund. The fund is
1-13 composed of:
1-14 (1) money transferred to the fund at the direction of
1-15 the legislature;
1-16 (2) gifts and grants contributed to the fund; and
1-17 (3) the available earnings of the fund determined in
1-18 accordance with Section 403.1068.
1-19 Explanation: This change is necessary to provide that the
1-20 permanent fund for tobacco education and enforcement is a dedicated
1-21 account in the general revenue fund.
1-22 2. Senate Rule 12.03(1) is suspended to permit the committee
1-23 to change the text of Section 403.1055(a), Government Code, in
1-24 SECTION 1 of the bill, so that the subsection reads as follows:
2-1 (a) The permanent fund for children and public health is a
2-2 dedicated account in the general revenue fund. The fund is composed
2-3 of:
2-4 (1) money transferred to the fund at the direction of
2-5 the legislature;
2-6 (2) gifts and grants contributed to the fund; and
2-7 (3) the available earnings of the fund determined in
2-8 accordance with Section 403.1068.
2-9 Explanation: This change is necessary to provide that the
2-10 permanent fund for children and public health is a dedicated
2-11 account in the general revenue fund.
2-12 3. Senate Rule 12.03(3) is suspended to permit the committee
2-13 to add text in Section 403.1055(c), Government Code, in SECTION 1
2-14 of the bill, so that the subsection reads as follows:
2-15 (c) The available earnings of the fund may be appropriated
2-16 to the Texas Department of Health for the purpose of developing and
2-17 demonstrating cost-effective prevention and intervention strategies
2-18 for improving health outcomes for children and the public and for
2-19 providing grants to local communities to address specific public
2-20 health priorities, including sickle cell anemia, diabetes, high
2-21 blood pressure, cancer, heart attack, stroke, keloid tissue and
2-22 scarring, and respiratory disease, and for providing grants to
2-23 local communities for essential public health services as defined
2-24 in the Health and Safety Code.
2-25 Explanation: This change is necessary to specify the types of
2-26 specific public health priorities for which the available earnings
2-27 of the permanent fund for children and public health may be used.
3-1 4. Senate Rule 12.03(1) is suspended to permit the committee
3-2 to change the text of Section 403.106(a), Government Code, in
3-3 SECTION 1 of the bill, so that the subsection reads as follows:
3-4 (a) The permanent fund for emergency medical services and
3-5 trauma care is a dedicated account in the general revenue fund.
3-6 The fund is composed of:
3-7 (1) money transferred to the fund at the direction of
3-8 the legislature;
3-9 (2) gifts and grants contributed to the fund; and
3-10 (3) the available earnings of the fund determined in
3-11 accordance with Section 403.1068.
3-12 Explanation: This change is necessary to provide that the
3-13 permanent fund for emergency medical services and trauma care is a
3-14 dedicated account in the general revenue fund.
3-15 5. Senate Rule 12.03(1) is suspended to permit the committee
3-16 to change the text of Section 403.1065(a), Government Code, in
3-17 SECTION 1 of the bill, so that the subsection reads as follows:
3-18 (a) The permanent fund for rural health facility capital
3-19 improvement is a dedicated account in the general revenue fund.
3-20 The fund is composed of:
3-21 (1) money transferred to the fund at the direction of
3-22 the legislature;
3-23 (2) payments of interest and principal on loans made
3-24 under Subchapter G, Chapter 106, Health and Safety Code, and fees
3-25 collected under that subchapter;
3-26 (3) gifts and grants contributed to the fund; and
3-27 (4) the available earnings of the fund determined in
4-1 accordance with Section 403.1068.
4-2 Explanation: This change is necessary to provide that the
4-3 permanent fund for rural health facility capital improvement is a
4-4 dedicated account in the general revenue fund.
4-5 6. Senate Rule 12.03(1) is suspended to permit the committee
4-6 to change the text of Sections 403.1067 and 403.1068(a), Government
4-7 Code, in SECTION 1 of the bill, so that the sections read as
4-8 follows:
4-9 Sec. 403.1067. RESTRICTIONS ON LOBBYING EXPENDITURES. (a)
4-10 An organization, program, political subdivision, public institution
4-11 of higher education, local community organization, or other entity
4-12 receiving funds or grants from the permanent funds in Sections
4-13 403.105, 403.1055, 403.106, 403.1065, or 403.1066 may not use the
4-14 funds or grants to pay:
4-15 (1) lobbying expenses incurred by the recipient;
4-16 (2) a person or entity that is required to register
4-17 with the Texas Ethics Commission under Chapter 305, Government
4-18 Code;
4-19 (3) any partner, employee, employer, relative,
4-20 contractor, consultant, or related entity of a person or entity
4-21 described by Subdivision (2); or
4-22 (4) a person or entity who has been hired to represent
4-23 associations or other entities for the purpose of affecting the
4-24 outcome of legislation, agency rules, ordinances, or other
4-25 government policies.
4-26 (b) The persons or entities described by Subsection (a) are
4-27 not eligible to receive the money or participate either directly or
5-1 indirectly in the contracts, funds, or grants awarded in Sections
5-2 403.105, 403.1055, 403.106, 403.1065, or 403.1066.
5-3 (c) Grants or awards made under Section 403.105, 403.1055,
5-4 403.106, 403.1065, or 403.1066 may not be conditioned on the
5-5 enactment of legislation, agency rules, or local ordinances.
5-6 Sec. 403.1068. MANAGEMENT OF CERTAIN FUNDS. (a) This
5-7 section applies only to management of the permanent funds
5-8 established under Sections 403.105, 403.1055, 403.106, 403.1065,
5-9 and 403.1066.
5-10 Explanation: This change is necessary to allow the addition
5-11 of cross-references to a newly added section.
5-12 7. Senate Rules 12.03(1) and (3) are suspended to permit the
5-13 committee to change the text of, and add text to, SECTION 3 of the
5-14 bill, so that the section reads as follows:
5-15 SECTION 3. On the effective date of this Act, the
5-16 comptroller shall transfer:
5-17 (1) $200 million from tobacco proceeds in the general
5-18 revenue fund to the permanent fund for tobacco education and
5-19 enforcement established by Section 403.105, Government Code, as
5-20 added by this Act;
5-21 (2) $100 million from tobacco proceeds in the general
5-22 revenue fund to the permanent fund for children and public health
5-23 established by Section 403.1055, Government Code, as added by this
5-24 Act;
5-25 (3) $100 million from tobacco proceeds in the general
5-26 revenue fund to the permanent fund for emergency medical services
5-27 and trauma care established by Section 403.106, Government Code,
6-1 as added by this Act;
6-2 (4) $50 million from tobacco proceeds in the general
6-3 revenue fund to the permanent fund for rural health facility
6-4 capital improvement established by Section 403.1065, Government
6-5 Code, as added by this Act; and
6-6 (5) $25 million from tobacco proceeds in the general
6-7 revenue fund to the community hospital capital improvement fund
6-8 established by Section 403.1066, Government Code, as added by this
6-9 Act.
6-10 Explanation: These changes are necessary to ensure that
6-11 money transferred to the permanent funds established by the Act
6-12 comes from tobacco proceeds and that $100 million is transferred to
6-13 the permanent fund for children and public health.