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