Amend HB 3244 by amending SECTION 1 of the bill, to amend
Section 403.105 Government Code, Subsection (h) and add new
Subsection (i) to read as follows:
      Sec. 403.105.  PERMANENT FUND FOR TOBACCO EDUCATION AND
ENFORCEMENT.
      (h)  The department may direct the comptroller to temporarily
transfer money appropriated under Subsection (c) to pay an
obligation that the department is authorized to incur under and for
which money is appropriated under Section 403.1055(c), 403.106(c),
or 403.1066(c) if the department determines that the transfer is
necessary for cash management purposes.  Notwithstanding any other
law, in order to protect the revenue stream that funds various
programs identified in Subsection (b) of this Section, when the
judgment debtor in any action or litigation is a tobacco product
manufacturer that is a party to the comprehensive Settlement
Agreement and Release identified in Subsection (d), the security or
bond that must be posted in order to prevent execution on the
judgment during the pendency of all appeals, either appeals of
right or discretionary appeals, shall be in an amount not to exceed
the lesser of $25 million or 100 percent of the amount of the
judgment, exclusive of interest and costs.  On proof by a
preponderance of the evidence that a judgment debtor herein
described is intentionally dissipating or diverting assets outside
of the ordinary course of its business for the purpose of evading
ultimate payment of the judgment, the trial court may enter any
order necessary to prevent the dissipation or diversion or may
require the judgment debtor to post security in an amount equal to
the full amount of the judgment.
      (i)  As soon as possible after the transfer, the department
shall direct the comptroller to transfer back the transferred
amount from amounts appropriated under Section 403.1055(c),
403.106(c), or 403.1066(c), as applicable, to the appropriation
item for Subsection (c).