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