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