1-1                                   AN ACT
 1-2     relating to making emergency appropriations.
 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-4           SECTION 1.  TEXAS DEPARTMENT OF HEALTH:  HIGHER THAN EXPECTED
 1-5     MEDICAID COSTS AND LESS FAVORABLE FEDERAL PERCENTAGE MATCH RATE.
 1-6     (a)  The unencumbered amounts listed below that were appropriated
 1-7     by Chapter 1589, Acts of the 76th Legislature, Regular Session,
 1-8     1999 (the General Appropriations Act), from the general revenue
 1-9     fund to the respective agencies for one or both fiscal years of the
1-10     fiscal biennium ending August 31, 2001, totalling $337,777,000, are
1-11     transferred to the Texas Department of Health for the remainder of
1-12     the fiscal year ending August 31, 2001, for the purpose of
1-13     providing services under the state Medicaid program:
1-14                 (1)  various agencies identified by the comptroller of
1-15     public accounts, subject to Section 8 of this Act .... $154,700,000
1-16                 (2)  the Texas Education Agency for student success
1-17     ...................................................... $ 10,200,000
1-18                 (3)  the Texas Education Agency that may be spent for
1-19     the Foundation School Program, from recovery of fiscal year 2000
1-20     overpayments to school districts ..................... $100,000,000
1-21                 (4)  the Texas Public Finance Authority that may be
1-22     spent for bond debt service, appropriated in Article II of the
1-23     General Appropriations Act ........................... $  2,000,000
1-24                 (5)  the Texas Public Finance Authority that may be
 2-1     spent for bond debt service, appropriated in Article V of the
 2-2     General Appropriations Act ........................... $ 14,000,000
 2-3                 (6)  the State Soil and Water Conservation Board that
 2-4     may be spent for financial and technical assistance .. $  2,000,000
 2-5                 (7)  the State Soil and Water Conservation Board that
 2-6     may be spent for pollution abatements ................ $    400,000
 2-7                 (8)  the Texas Historical Commission that may be spent
 2-8     for archeological protection ......................... $    500,000
 2-9                 (9)  the Texas Historical Commission that may be spent
2-10     for the evaluation and interpretation of resources ... $    500,000
2-11                 (10)  The University of Texas at Austin that may be
2-12     spent for the TxPharm program ........................ $    478,000
2-13                 (11)  Texas Southern University that may be spent for
2-14     the TxPharm program .................................. $    549,000
2-15                 (12)  the University of Houston that may be spent for
2-16     the TxPharm program .................................. $    460,000
2-17                 (13)  the Texas Higher Education Coordinating Board
2-18     that may be spent for Toward EXcellence, Access, and Success
2-19     (TEXAS) grants ....................................... $ 39,000,000
2-20                 (14)  the Texas Education Agency for support programs
2-21     ...................................................... $  1,100,000
2-22                 (15)  the Texas Education Agency for improving educator
2-23     performance .......................................... $  8,000,000
2-24                 (16)  the General Services Commission that may be spent
2-25     for property acquisition, repair, and renovation ..... $  2,790,000
2-26                 (17)  the General Services Commission that may be spent
2-27     for computer acquisition ............................. $  1,100,000
 3-1           (b)  The sum of $92,300,000, originally derived as interest
 3-2     from the suspense account of the comptroller of public accounts as
 3-3     described by S.B. 848, Acts of the 77th Legislature, Regular
 3-4     Session, 2001, is appropriated from the general revenue fund to the
 3-5     Texas Department of Health for the remainder of the fiscal year
 3-6     ending August 31, 2001, for the purpose of providing services under
 3-7     the state Medicaid program.
 3-8           (c)  From the amounts appropriated by Chapter 396, Acts of
 3-9     the 76th Legislature, Regular Session, 1999 (Senate Bill No. 4),
3-10     from the general revenue fund to the Texas Education Agency for one
3-11     or both fiscal years of the fiscal biennium ending August 31, 2001,
3-12     that may be spent for various purposes, the unencumbered amount of
3-13     $47,500,000 is transferred to the Texas Department of Health for
3-14     the remainder of the fiscal year ending August 31, 2001, for the
3-15     purpose of providing services under the state Medicaid program.
3-16           (d)  In addition to amounts previously appropriated for the
3-17     current fiscal biennium, the sum of $6,100,000 in earned federal
3-18     funds is appropriated from the Rehabilitation Commission Federal
3-19     Fund to the Texas Department of Health for the remainder of the
3-20     fiscal year ending August 31, 2001, for the purpose of providing
3-21     services under the state Medicaid program.
3-22           (e)  In addition to amounts previously appropriated for the
3-23     current fiscal biennium, the sum of $6,267,000 in earned federal
3-24     funds is appropriated from the general revenue fund to the Texas
3-25     Department of Health for the remainder of the fiscal year ending
3-26     August 31, 2001, for the purpose of providing services under the
3-27     state Medicaid program.
 4-1           (f)  Funds described by Subsections (a), (b), (c), (d), and
 4-2     (e) of this section may be expended only for the purpose described
 4-3     by Subsections (a), (b), (c), (d), and (e) of this section and only
 4-4     if:
 4-5                 (1)  Medicaid expenditures exceed otherwise available
 4-6     revenue because of changes in caseloads and costs or a lower
 4-7     federal match rate; and
 4-8                 (2)  the Texas Department of Health has used all
 4-9     revenue available to the Medicaid program, including but not
4-10     limited to premium credits and vendor drug rebates.
4-11           (g)  The unexpended balance of funds described by Subsections
4-12     (a), (b), and (c) of this section remaining at the end of the state
4-13     fiscal year that ends August 31, 2001, is appropriated from the
4-14     general revenue fund to the Texas Department of Health for the
4-15     state fiscal year beginning September 1, 2001, for the purpose of
4-16     providing services under the state Medicaid program, but the
4-17     amounts appropriated by this subsection may be expended by the
4-18     department only with the prior approval of the Legislative Budget
4-19     Board.
4-20           SECTION 2.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE: CAPACITY;
4-21     CAREER LADDER ADJUSTMENTS.  (a)  The unencumbered amounts listed
4-22     below that were appropriated by Chapter 1589, Acts of the 76th
4-23     Legislature, Regular Session, 1999 (the General Appropriations
4-24     Act), from the general revenue fund to the respective agencies for
4-25     one or both fiscal years of the fiscal biennium ending August 31,
4-26     2001, totalling $65,519,000, are transferred to the Texas
4-27     Department of Criminal Justice for the remainder of the fiscal year
 5-1     ending August 31, 2001, with $29,819,000 of that amount transferred
 5-2     for the purpose of providing for expenditures relating to the
 5-3     operation of additional prison capacity and to contracts with
 5-4     counties for additional temporary capacity, and $35,700,000 of that
 5-5     amount transferred for the purpose of providing for expenditures
 5-6     relating to correctional officer, sergeant, and food service and
 5-7     laundry manager career ladder salary adjustments:
 5-8                 (1)  various agencies identified by the comptroller of
 5-9     public accounts, subject to Section 8 of this Act .... $ 33,377,000
5-10                 (2)  the Texas Natural Resource Conservation Commission
5-11     that may be spent for water resource assessment and planning
5-12     ...................................................... $  1,400,000
5-13                 (3)  the Texas Youth Commission that may be spent for
5-14     various purposes ..................................... $  1,000,000
5-15                 (4)  the Department of Information Resources in Article
5-16     IX of the General Appropriations Act that may be spent for Year
5-17     2000 Conversion ...................................... $ 12,800,000
5-18                 (5)  the State Preservation Board that may be spent for
5-19     various purposes ..................................... $  6,500,000
5-20                 (6)  the Comptroller of Public Accounts, Fiscal
5-21     Programs, that may be spent for Tort Claims & Federal Court
5-22     Judgments ............................................ $  5,000,000
5-23                 (7)  the Texas Natural Resource Conservation Commission
5-24     for various purposes for which the commission received an
5-25     appropriation from general revenue ................... $  5,442,000
5-26           (b)  In addition to amounts previously appropriated for the
5-27     current fiscal biennium, the sum of $2,781,000 is appropriated from
 6-1     the criminal justice planning account to the Texas Department of
 6-2     Criminal Justice for the remainder of the fiscal year ending August
 6-3     31, 2001, for the purpose of providing for expenditures relating to
 6-4     the operation of additional prison capacity and to contracts with
 6-5     counties for additional temporary capacity.
 6-6           (c)  In addition to amounts previously appropriated for the
 6-7     current fiscal biennium, the sum of $41,000,000 is appropriated
 6-8     from the fugitive apprehension account to the Texas Department of
 6-9     Criminal Justice for the remainder of the fiscal year ending August
6-10     31, 2001, for the purpose of providing for expenditures relating to
6-11     the operation of additional prison capacity and to contracts with
6-12     counties for additional temporary capacity.
6-13           SECTION 3.  STATE OFFICE OF RISK MANAGEMENT:  PAYMENT OF
6-14     WORKERS' COMPENSATION CLAIMS.  (a)  From the amounts appropriated
6-15     by Chapter 1589, Acts of the 76th Legislature, Regular Session,
6-16     1999 (the General Appropriations Act), from the general revenue
6-17     fund for one or both fiscal years of the fiscal biennium ending
6-18     August 31, 2001, to the Office of the Governor that may be spent
6-19     for disaster grants and emergency and deficiency grants, the
6-20     unencumbered amount of $6,300,000 is transferred to the State
6-21     Office of Risk Management for the remainder of the fiscal year
6-22     ending August 31, 2001, for the purpose of paying higher than
6-23     expected workers' compensation claims.
6-24           (b)  The sum of $6,700,000, originally derived as interest
6-25     from the suspense account of the comptroller of public accounts as
6-26     described by S.B. 848, Acts of the 77th Legislature, Regular
6-27     Session, 2001, is appropriated from the general revenue fund to the
 7-1     State Office of Risk Management for the remainder of the fiscal
 7-2     year ending August 31, 2001, for the purpose of paying higher than
 7-3     expected workers' compensation claims.
 7-4           SECTION 4.  ADJUTANT GENERAL'S DEPARTMENT:  PAYMENT OF
 7-5     UTILITY COSTS. From the amounts appropriated by Chapter 1589, Acts
 7-6     of the 76th Legislature, Regular Session, 1999 (the General
 7-7     Appropriations Act), from the general revenue fund for one or both
 7-8     fiscal years of the fiscal biennium ending August 31, 2001, to the
 7-9     General Services Commission that may be spent for computer
7-10     acquisition, the unencumbered amount of $600,000 is transferred to
7-11     the adjutant general's department for the remainder of the state
7-12     fiscal year ending August 31, 2001, for the purpose of paying
7-13     utility costs.
7-14           SECTION 5.  TEXAS NATURAL RESOURCE CONSERVATION COMMISSION:
7-15     PURPOSES FOR WHICH GENERAL REVENUE HAS BEEN APPROPRIATED.  In
7-16     addition to amounts previously appropriated for the current fiscal
7-17     biennium, the sum of $5,442,000 is appropriated from the low-level
7-18     radioactive waste account to the Texas Natural Resource
7-19     Conservation Commission for the remainder of the fiscal year ending
7-20     August 31, 2001, for any necessary purposes for which the
7-21     commission received an appropriation from general revenue for the
7-22     fiscal year ending August 31, 2001.
7-23           SECTION 6.  TEXAS DEPARTMENT OF TRANSPORTATION: APPROPRIATION
7-24     TRANSFER.  The unencumbered amount of $50,000,000 that was
7-25     appropriated by Chapter 1589, Acts of the 76th Legislature, Regular
7-26     Session, 1999 (the General Appropriations Act), from State Highway
7-27     Fund No. 006 to the Texas Department of Transportation in Highway
 8-1     Construction strategy A.1.3. for the fiscal year ending August 31,
 8-2     2001, is transferred to the Texas Department of Transportation's
 8-3     Plan/Design/Manage strategy A.1.1. for the remainder of the fiscal
 8-4     year ending August 31, 2001, for the purpose of funding planning
 8-5     and design contracts.
 8-6           SECTION 7.  DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES:
 8-7     MANAGING HIGHER CASELOAD.  From the amounts appropriated by Chapter
 8-8     1589, Acts of the 76th Legislature, Regular Session, 1999 (the
 8-9     General Appropriations Act), from the general revenue fund for one
8-10     or both fiscal years of the fiscal biennium ending August 31, 2001,
8-11     to the Office of Court Administration of the Texas Judicial System
8-12     that may be spent for the Judicial Committee on Information
8-13     Technology, the unencumbered amount of $1,000,000 is transferred to
8-14     the Department of Protective and Regulatory Services for the
8-15     remainder of the fiscal year ending August 31, 2001, for the
8-16     purpose of allowing the department to manage a higher than expected
8-17     caseload.
8-18           SECTION 8.  TRANSFERS FROM AGENCIES IDENTIFIED BY
8-19     COMPTROLLER.  (a)  After the comptroller has identified the various
8-20     agencies from which amounts are to be transferred for purposes of
8-21     this Act, the comptroller shall submit to the Legislative Budget
8-22     Board and the governor a detailed listing of the appropriations
8-23     proposed to be transferred. The budget board and the governor may
8-24     modify or reject the comptroller's proposal and shall direct the
8-25     comptroller to make those transfers approved by the budget board
8-26     and the governor.
8-27           (b)  Transfers made in accordance with this section are
 9-1     emergency transfers made under the authority of Section 69, Article
 9-2     XVI, Texas Constitution.
 9-3           SECTION 9.  CERTAIN APPROPRIATIONS FOR FISCAL YEAR BEGINNING
 9-4     SEPTEMBER 1, 2001.  The following amounts are appropriated from the
 9-5     general revenue fund to the listed agencies for the described
 9-6     purposes for the state fiscal year beginning September 1, 2001:
 9-7                 (1)  $2,781,000 to the Office of the Governor for the
 9-8     purposes for which the criminal justice planning account may be
 9-9     appropriated;
9-10                 (2)  $13,000,000 to the Office of the Governor  for the
9-11     purpose of making emergency and deficiency grants and disaster
9-12     grants;
9-13                 (3)  $39,000,000 to the Texas Higher Education
9-14     Coordinating Board for the purpose of making Toward EXcellence,
9-15     Access, and Success (TEXAS) grants;
9-16                 (4)  $500,000 to the Texas Historical Commission for
9-17     archeological heritage protection;
9-18                 (5)  $500,000 to the Texas Historical Commission to
9-19     evaluate and interpret resources;
9-20                 (6)  $6,500,000 to the State Preservation Board for the
9-21     purpose of implementing Chapter 443, Government Code;
9-22                 (7)  $2,790,000 to the General Services Commission for
9-23     property acquisition, repair, and renovation;
9-24                 (8)  $1,700,000 to the General Services Commission for
9-25     computer acquisition; and
9-26                 (9)  $118,231 to the Texas Natural Resource
9-27     Conservation Commission for low-level radioactive waste assessment.
 10-1          SECTION 10.  TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT:
 10-2    DEFENSE-RELATED JOBS CREATION. (a)  From the amounts appropriated
 10-3    by Chapter 1589, Acts of the 76th Legislature, Regular Session,
 10-4    1999 (the General Appropriations Act), from Smart Jobs Fund No. 891
 10-5    to the Texas Department of Economic Development in connection with
 10-6    the smart jobs program, the department is authorized to expend the
 10-7    unencumbered amount of $4,000,000 during the remainder of the
 10-8    fiscal year ending August 31, 2001, for the purpose of awarding
 10-9    grants in communities in this state in connection with the creation
10-10    of qualified defense-related jobs.
10-11          (b)  The unexpended balance of funds described by Subsection
10-12    (a) of this section remaining at the end of the fiscal year ending
10-13    August 31, 2001, is appropriated from Smart Jobs Fund No. 891 to
10-14    the Texas Department of Economic Development for the fiscal year
10-15    beginning September 1, 2001, for the purpose of awarding grants in
10-16    communities in this state in connection with the creation of
10-17    qualified defense-related jobs.
10-18          SECTION 11.  EFFECTIVE DATE.  This Act takes effect
10-19    immediately.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 1333 was passed by the House on April
         5, 2001, by the following vote:  Yeas 139, Nays 0, 1 present, not
         voting; and that the House concurred in Senate amendments to H.B.
         No. 1333 on May 24, 2001, by the following vote:  Yeas 134, Nays 0,
         2 present, not voting; passed subject to the provisions of Article
         III, Section 49a, of the Constitution of the State of Texas.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 1333 was passed by the Senate, with
         amendments, on May 17, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting; passed subject to the provisions of
         Article III, Section 49a, of the Constitution of the State of
         Texas.
                                             _______________________________
                                                 Secretary of the Senate
               I certify that the amounts appropriated in the herein H.B.
         No. 1333, Regular Session of the 77th Legislature, are within
         amounts estimated to be available in the affected fund.
                                          Certified_________________________
                                          __________________________________
                                          Comptroller of Public Accounts
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor