By:  Ratliff                                          S.R. No. 1085
                                  SENATE RESOLUTION
 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
 2-3     composed 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
 3-1     of the permanent fund for children and public health may be used.
 3-2           4.  Senate Rule 12.03(1) is suspended to permit the committee
 3-3     to change the text of Section 403.106(a), Government Code, in
 3-4     SECTION 1 of the bill, so that the subsection reads as follows:
 3-5           (a)  The permanent fund for emergency medical services and
 3-6     trauma care is a dedicated account in the general revenue fund.
 3-7     The fund is composed of:
 3-8                 (1)  money transferred to the fund at the direction of
 3-9     the legislature;
3-10                 (2)  gifts and grants contributed to the fund; and
3-11                 (3)  the available earnings of the fund determined in
3-12     accordance with Section 403.1068.
3-13           Explanation: This change is necessary to provide that the
3-14     permanent fund for emergency medical services and trauma care is a
3-15     dedicated account in the general revenue fund.
3-16           5.  Senate Rule 12.03(1) is suspended to permit the committee
3-17     to change the text of Section 403.1065(a), Government Code, in
3-18     SECTION 1 of the bill, so that the subsection reads as follows:
3-19           (a)  The permanent fund for rural health facility capital
3-20     improvement is a dedicated account in the general revenue fund. The
3-21     fund is composed of:
3-22                 (1)  money transferred to the fund at the direction of
3-23     the legislature;
3-24                 (2)  payments of interest and principal on loans made
3-25     under Subchapter G, Chapter 106, Health and Safety Code, and fees
3-26     collected under that subchapter;
 4-1                 (3)  gifts and grants contributed to the fund; and
 4-2                 (4)  the available earnings of the fund determined in
 4-3     accordance with Section 403.1068.
 4-4           Explanation:  This change is necessary to provide that the
 4-5     permanent fund for rural health facility capital improvement is a
 4-6     dedicated account in the general revenue fund.
 4-7           6.  Senate Rule 12.03(1) is suspended to permit the committee
 4-8     to change the text of Sections 403.1067 and 403.1068(a), Government
 4-9     Code, in SECTION 1 of the bill, so that the sections read as
4-10     follows:
4-11           Sec. 403.1067.  RESTRICTIONS ON LOBBYING EXPENDITURES.
4-12     (a)  An organization, program, political subdivision, public
4-13     institution of higher education, local community organization, or
4-14     other entity receiving funds or grants from the permanent funds in
4-15     Section 403.105, 403.1055, 403.106, 403.1065, or 403.1066 may not
4-16     use the funds or grants to pay:
4-17                 (1)  lobbying expenses incurred by the recipient;
4-18                 (2)  a person or entity that is required to register
4-19     with the Texas Ethics Commission under Chapter 305, Government
4-20     Code;
4-21                 (3)  any partner, employee, employer, relative,
4-22     contractor, consultant, or related entity of a person or entity
4-23     described by Subdivision (2); or
4-24                 (4)  a person or entity who has been hired to represent
4-25     associations or other entities for the purpose of affecting the
4-26     outcome of legislation, agency rules, ordinances, or other
 5-1     government policies.
 5-2           (b)  The persons or entities described by Subsection (a) are
 5-3     not eligible to receive the money or participate either directly or
 5-4     indirectly in the contracts, funds, or grants awarded in Section
 5-5     403.105, 403.1055, 403.106, 403.1065, or 403.1066.
 5-6           (c)  Grants or awards made under Section 403.105, 403.1055,
 5-7     403.106, 403.1065, or 403.1066 may not be conditioned on the
 5-8     enactment of legislation, agency rules, or local ordinances.
 5-9           Sec. 403.1068.  MANAGEMENT OF CERTAIN FUNDS.  (a)  This
5-10     section applies only to management of the permanent funds
5-11     established under Sections 403.105, 403.1055, 403.106, 403.1065,
5-12     and 403.1066.
5-13           Explanation:  This change is necessary to allow the addition
5-14     of cross-references to a newly added section.
5-15           7.  Senate Rule 12.03(1) is suspended to permit the committee
5-16     to change the text of Section 106.201(2), Health and Safety Code,
5-17     in SECTION 2 of the bill, so that the subdivision reads as follows:
5-18                 (2)  "Rural county" means:
5-19                       (A)  a county that has a population of 150,000 or
5-20     less; or
5-21                       (B)  with respect to a county that has a
5-22     population of more than 150,000 and that contains a geographic area
5-23     that is not delineated as urbanized by the federal census bureau,
5-24     that part of the county that is not delineated as urbanized.
5-25           Explanation: This change is necessary to provide that a
5-26     county of 150,000 or less is a rural county for purposes of rural
 6-1     health facility capital improvement.
 6-2           8.  Senate Rules 12.03(1) and (3) are suspended to permit the
 6-3     committee to change the text of, and add text to, SECTION 3 of the
 6-4     bill, so that the section reads as follows:
 6-5           SECTION 3.  On the effective date of this Act, the
 6-6     comptroller shall transfer:
 6-7                 (1)  $200 million from tobacco proceeds in the general
 6-8     revenue fund to the permanent fund for tobacco education and
 6-9     enforcement established by Section 403.105, Government Code, as
6-10     added by this Act;
6-11                 (2)  $100 million from tobacco proceeds in the general
6-12     revenue fund to the permanent fund for children and public health
6-13     established by Section 403.1055, Government Code, as added by this
6-14     Act;
6-15                 (3)  $100 million from tobacco proceeds in the general
6-16     revenue fund to the permanent fund for emergency medical services
6-17     and trauma care  established by Section 403.106, Government Code,
6-18     as added by this Act;
6-19                 (4)  $50 million from tobacco proceeds in the general
6-20     revenue fund to the permanent fund for rural health facility
6-21     capital improvement established by Section 403.1065, Government
6-22     Code, as added by this Act; and
6-23                 (5)  $25 million from tobacco proceeds in the general
6-24     revenue fund to the community hospital capital improvement fund
6-25     established by Section 403.1066, Government Code, as added by this
6-26     Act.
 7-1           Explanation:  These changes are necessary to ensure that
 7-2     money transferred to the permanent funds established by the Act
 7-3     comes from tobacco proceeds and that $100 million is transferred to
 7-4     the permanent fund for children and public health.
 7-5                                  ______________________________________
 7-6                                          President of the Senate
 7-7                                       I hereby certify that the above
 7-8                                  Resolution was adopted by the Senate
 7-9                                  on May 24, 1999.
7-10                                  ______________________________________
7-11                                          Secretary of the Senate