SRC-TBR C.S.H.B. 1333 77(R)BILL ANALYSIS


Senate Research CenterC.S.H.B. 1333
77R15580 JRD-DBy: Junell (Ellis, Rodney)
Finance
5/8/2001
Committee Report (Substituted)


DIGEST AND PURPOSE 

Each legislative session, state agencies project the costs of fulfilling
their functions and for providing important services. The greater portion
of the state's general revenue budget is based on projected public school
enrollment, caseloads in the Medicaid program, and the prison population.
Actual caseloads in Medicaid and the prison population have exceeded
projections made during the 76th legislative session and several other
agencies need additional funding as well.  C.S.H.B. 1333 transfers
unencumbered amounts to provide emergency appropriations to the Texas
Department of Health, Texas Department of Criminal Justice, and the State
Office of Risk Management. The bill also provides additional funding to
certain other state agencies.  


RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  TEXAS DEPARTMENT OF HEALTH: HIGHER THAN EXPECTED MEDICAID COSTS
AND LESS FAVORABLE FEDERAL PERCENTAGE MATCH RATE.  (a)  Provides that the
unencumbered amounts listed below that were appropriated by Chapter 1589,
Acts of the 76th Legislature, Regular Session, 1999 (the General
Appropriations Act), from the general revenue fund to the respective
agencies for one or both fiscal years of the fiscal biennium ending August
31, 2001, totaling $337,777,000, are transferred to the Texas Department of
Health for the remainder of the fiscal year ending August 31, 2001, for the
purpose of providing services under the state Medicaid program: 

(1)  various agencies identified by the comptroller of public accounts:
$154,700,000; 

  (2)  the Texas Education Agency for student success:  $10,200,000;

(3)  the Texas Education Agency that may be spent for the Foundation School
Program, from recovery of fiscal year 2000 overpayments to school
districts: $100,000,000; 

(4)  the Texas Public Finance Authority that may be spent for bond debt
service, appropriated in Article II of the General Appropriations Act:
$2,000,000; 

(5)  the Texas Public Finance Authority that may be spent for bond debt
service, appropriated in Article V of the General Appropriations Act:
$14,000,000; 

(6)  the State Soil and Water Conservation Board that may be spent for
financial and technical assistance:  $2,000,000; 

(7)  the State Soil and Water Conservation Board that may be spent for
pollution  abatements:  $400,000; 

(8)  the Texas Historical Commission that may be spent for archeological
protection: $500,000; 

(9)  the Texas Historical Commission that may be spent for the evaluation
and interpretation of resources:  $500,000; 

(10)  The University of Texas at Austin that may be spent for the TxPharm
program: $478,000; 

(11)  Texas Southern University that may be spent for the TxPharm program:
$549,000; 

(12)  the University of Houston that may be spent for the TxPharm program:
$460,000; 

(13)  the Texas Higher Education Coordinating Board that may be spent for
Texas Excellence access and success grants:  $39,000,000; 

  (14)  the Texas Education Agency for support programs:  $1,100,000;

(15)  the Texas Education Agency for improving educator performance:
$8,000,000; 

(16)  the General Services Commission that may be spent for property
acquisition, repair, and renovation: $2,790,000 

(17)  the General Services Commission that may be spent for computer
acquisition: $1,100,000 

(b)  Provides that the sum of $92,300,000, originally derived as interest
from the suspense account of the comptroller of public accounts as
described by S.B. 848, by the 77th Legislature in Regular Session, 2001 is
appropriated from the general revenue fund to the Texas Department of
Health for the remainder of the fiscal year ending August 31, 2001, for the
purpose of providing services under the state Medicaid program. 

(c)  Provides that from the amounts appropriated by Chapter 396, Acts of
the 76th Legislature, Regular Session, 1999 (Senate Bill No. 4), from the
general revenue fund to the Texas Education Agency for one or both fiscal
years of the fiscal biennium ending August 31, 2001, that may be spent for
various purposes, the unencumbered amount of $47,500,000 is transferred to
the Texas Department of Health for the remainder of the fiscal year ending
August 31, 2001, for the purpose of providing services under the state
Medicaid program. 

(d)  Provides that in addition to amounts previously appropriated for the
current fiscal biennium, the sum of $6,100,000 in earned federal funds is
appropriated from the Rehabilitation Commission Federal Fund to the Texas
Department of Health for the remainder of the fiscal year ending August 31,
2001, for the purpose of providing services under the state Medicaid
program. 

(e)  Provides that in addition to amounts previously appropriated for the
current fiscal biennium, the sum of $6,267,000 in earned federal funds is
appropriated from the general revenue fund to the Texas Department of
Health for the remainder of the fiscal year ending August 31, 2001, for the
purpose of providing services under the state Medicaid program. 

(f)  Requires that funds described by Subsections (a), (b), (c), (d), and
(e) of this section be expended only for the purpose described by
Subsections (a), (b), (c), (d), and (e) of this  section and only if
certain requirements are met. 

(g)  Provides that the unexpended balance of funds described by Subsections
(a), (b), and (c) of this section remaining at the end of the state fiscal
year that ends August 31, 2001, is appropriated from the general revenue
fund to the Texas Department of Health for the state fiscal year beginning
September 1, 2001, for the purpose of providing services under the state
Medicaid program, but the amounts appropriated by this subsection may be
expended by the department only with the prior approval of the Legislative
Budget Board. 

SECTION 2.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE: CAPACITY; CAREER LADDER
ADJUSTMENTS.  (a)  Provides that the unencumbered amounts listed below that
were appropriated by Chapter 1589, Acts of the 76th Legislature, Regular
Session, 1999 (the General Appropriations Act), from the general revenue
fund to the respective agencies for one or both fiscal years of the fiscal
biennium ending August 31, 2001, totaling $65,519,000, are transferred to
the Texas Department of Criminal Justice for the remainder of the fiscal
year ending August 31, 2001, with $29,819,000 of that amount transferred
for the purpose of providing for expenditures relating to the operation of
additional prison capacity and to contracts with counties for additional
temporary capacity, and $35,700,000 of that amount transferred for the
purpose of providing for expenditures relating to correctional officer,
sergeant, and food service and laundry manager career ladder salary
adjustments: 

(1)  various agencies identified by the comptroller of public accounts,
subject to Section 8 of this Act: $33,377,000; 

(2)  the Texas Natural Resource Conservation Commission that may be spent
for water resource assessment and planning:  $1,400,000; 

(3)  the Texas Youth Commission that may be spent for various purposes:
$1,000,000; 

(4)  the Department of Information Resources in Article IX that may be
spent for Year 2000 Conversion:  $12,800,000; 

(5)  the State Preservation Board that may be spent for various purposes:
$6,500,000; 

(6)  the Comptroller of Public Accounts, Fiscal Programs, that may be spent
for Tort Claims & Federal Court Judgments:  $5,000,000 

(7)  the Texas Natural Resource Conservation Commission for various
purposes for which the commission received an appropriation from general
revenue: $5,442,000; 

(b)  Provides that, in addition to amounts previously appropriated for the
current fiscal biennium, the sum of $2,781,000 is appropriated from the
criminal justice planning account to the Texas Department of Criminal
Justice for the remainder of the fiscal year ending August 31, 2001, for
the purpose of providing for expenditures relating to the operation of
additional prison capacity and to contracts with counties for additional
temporary capacity. 

(c)  Provides that in addition to amounts previously appropriated for the
current fiscal biennium, the sum of $41,000,000 is appropriated from the
fugitive apprehension account to the Texas Department of Criminal Justice
for the remainder of the fiscal year ending August 31, 2001, for the
purpose of providing for expenditures relating to the operation of
additional prison capacity and to contracts with counties for additional
temporary capacity. 

SECTION 3.  STATE OFFICE OF RISK MANAGEMENT:  PAYMENT OF WORKERS'
COMPENSATION CLAIMS.  Provides that from the amounts appropriated by
Chapter 1589, Acts of the 76th Legislature, Regular Session, 1999 (the
General Appropriations Act), from the general revenue fund for one or both
fiscal years of the fiscal biennium ending August 31, 2001, to the Office
of  the Governor that may be spent for disaster grants and emergency and
deficiency grants, the unencumbered amount of $6,300,000 is transferred to
the State Office of Risk Management for the remainder of the fiscal year
ending August 31, 2001, for the purpose of paying higher than expected
workers' compensation claims. 

(b)  Provides that the sum of $6,700,000, originally derived as interest
from the suspense account of the comptroller of public accounts as
described by S.B. 848, Acts of the 77th Legislature, Regular Session, 2001,
is appropriated for the general revenue fund to the State Office of Risk
Management for the remainder of the fiscal year ending August 31, 2001, for
the purpose of paying higher than expected workers' compensation claims. 

SECTION 4.  ADJUTANT GENERAL'S DEPARTMENT: PAYMENT OF UTILITY COSTS.
Provides that from the amounts appropriated by Chapter 1589, Acts of the
76th Legislature, Regular Session, 1999 (the General Appropriations Act),
from the general revenue fund for one or both fiscal years of the fiscal
biennium ending August 31, 2001, to the General Services Commission that
may be spent for computer acquisition, the unencumbered amount of $600,000
is transferred to the adjutant general's department for the remainder of
the state fiscal year ending August 31, 2001, for the purposes of paying
utility costs. 

SECTION 5.  TEXAS NATURAL RESOURCE CONSERVATION COMMISSION: PURPOSES FOR
WHICH GENERAL REVENUE HAS BEEN APPROPRIATED.  Provides that in addition to
amounts previously appropriated for the current fiscal biennium, the sum of
$5,442,000 is appropriated from the low-level radioactive waste account to
the Texas Natural Resource Conservation Commission for the remainder of the
fiscal year ending August 31, 2001, for any necessary purposes for which
the commission received an appropriation from general revenue for the
fiscal year ending August 31, 2001.    

SECTION 6.  TEXAS DEPARTMENT OF TRANSPORTATION: APPROPRIATION TRANSFER.
Provides the unencumbered amount of $50,000,000 that was appropriated by
Chapter 1589, Acts of the 76th Legislature, Regular Session, 1999 (the
General Appropriations Act), from State Highway Fund No. 006 to the Texas
Department of Transportation in Highway Construction strategy A.1.3. for
the fiscal year ending August 31, 2001, is transferred to the Texas
Department of Transportation's Plan/Design/Manage strategy A.1.1. for the
remainder of the fiscal year ending August 31, 2001, for the purpose of
funding planning and design contracts. 

SECTION 7.  DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES: MANAGING
HIGHER CASELOAD.  Provides from the amounts appropriated by Chapter 1589,
Acts of the 76th Legislature, Regular Session, 1999 (the General
Appropriations Act), from the general revenue fund for one or both fiscal
years of the fiscal biennium ending August 31, 2001, to the Office of Court
Administration that may be spent for the Judicial Committee on Information
Technology, the unencumbered amount of $1,000,000 is transferred to the
Department of Protective and Regulatory Services for the remainder of the
fiscal year ending August 31, 2001, for the purposes of allowing the
department to manage a higher than expected caseload. 

SECTION 8.  TRANSFERS FROM AGENCIES IDENTIFIED BY COMPTROLLER.  Requires
the comptroller, after the comptroller has identified the various agencies
from which amounts are to be transferred for purposes of this Act, to
submit to the Legislative Budget Board and the governor a detailed listing
of the appropriations proposed to be transferred.  Authorizes the budget
board and the governor to modify or reject the comptroller's proposal and
to direct the comptroller to make those transfers approved by the budget
board and the governor. 

(b)  Provides that transfers made in accordance with this section are
emergency transfers made under the authority of Section 69, Article XVI,
Texas Constitution. 

SECTION 9.  CERTAIN APPROPRIATIONS FOR FISCAL YEAR BEGINNING SEPTEMBER  1,
2001.  Provides that the following amounts are appropriated from the
general revenue fund to the listed agencies for the described purposes for
the state fiscal year beginning September 1, 2001: 

(1)  $2,781,375 to the Office of the Governor for the purposes for which
the criminal justice planning account may be appropriated; 

(2)  $13,000,000 to the Office of the Governor  for the purpose of making
emergency and deficiency grants and disaster grants; 

(3)  $39,000,000 to the Texas Higher Education Coordinating Board for the
purpose of making Texas Excellence access and success grants; 

(4)  $500,000 to the Texas Historical Commission for archeological heritage
protection; 

(5)  $500,000 to the Texas Historical Commission to evaluate and interpret
resources; 

(6)  $6,500,000 to the State Preservation Board for the purpose of
implementing Chapter 443, Government Code; and 

(7)  $2,790,000 to the General Services Commission for property
acquisition, repair, and renovation; 

(8)  $1,700,000 to the General Services Commission for computer
acquisition; and 

(9)  $118,231 to the Texas Natural Resource Conservation Commission for
low-level radioactive waste assessment. 

SECTION 10.  TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT: DEFENSERELATED JOBS
CREATION.  (a)  Provides from the amounts appropriated by Chapter 1589,
Acts of the 76th Legislature, Regular Session, 1999 (the General
Appropriations Act) from Smart Jobs Fund No. 891 to the Texas Department of
Economic Development in connection with the smart jobs program, the
department is authorized to expend the unencumbered amount of $4,000,000
during the remainder of the fiscal year ending August 31, 2001, for the
purpose of awarding grants in communities in this state in connection with
the creation of qualified defense-related jobs. 

(b)  Provides that the unexpended balance of funds described by Subsection
(a) of this section remaining at the end of the fiscal year ending August
31, 2001, is appropriated from Smart Jobs Fund No. 891 to the Texas
Department of Economic Development for the fiscal year beginning September
1, 2001, for the purpose of awarding grants in communities in this state in
connection with the creation of qualified defense-related jobs. 

SECTION 11.  EFFECTIVE DATE.  Provides that this Act takes effect
immediately.