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