1-1     By:  Junell (Senate Sponsor - Ellis)                  H.B. No. 1333
 1-2           (In the Senate - Received from the House April 9, 2001;
 1-3     April 9, 2001, read first time and referred to Committee on
 1-4     Finance; May 9, 2001, reported adversely, with favorable Committee
 1-5     Substitute by the following vote:  Yeas 12, Nays 0; May 9, 2001,
 1-6     sent to printer.)
 1-7     COMMITTEE SUBSTITUTE FOR H.B. No. 1333                   By:  Ellis
 1-8                            A BILL TO BE ENTITLED
 1-9                                   AN ACT
1-10     relating to making emergency appropriations.
1-11           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12           SECTION 1.  TEXAS DEPARTMENT OF HEALTH:  HIGHER THAN EXPECTED
1-13     MEDICAID COSTS AND LESS FAVORABLE FEDERAL PERCENTAGE MATCH RATE.
1-14     (a)  The unencumbered amounts listed below that were appropriated
1-15     by Chapter 1589, Acts of the 76th Legislature, Regular Session,
1-16     1999 (the General Appropriations Act), from the general revenue
1-17     fund to the respective agencies for one or both fiscal years of the
1-18     fiscal biennium ending August 31, 2001, totalling $337,777,000, are
1-19     transferred to the Texas Department of Health for the remainder of
1-20     the fiscal year ending August 31, 2001, for the purpose of
1-21     providing services under the state Medicaid program:
1-22                 (1)  various agencies identified by the comptroller of
1-23     public accounts, subject to Section 8 of this Act .... $154,700,000
1-24                 (2)  the Texas Education Agency for student success
1-25     ...................................................... $ 10,200,000
1-26                 (3)  the Texas Education Agency that may be spent for
1-27     the Foundation School Program, from recovery of fiscal year 2000
1-28     overpayments to school districts ..................... $100,000,000
1-29                 (4)  the Texas Public Finance Authority that may be
1-30     spent for bond debt service, appropriated in Article II of the
1-31     General Appropriations Act ........................... $  2,000,000
1-32                 (5)  the Texas Public Finance Authority that may be
1-33     spent for bond debt service, appropriated in Article V of the
1-34     General Appropriations Act ........................... $ 14,000,000
1-35                 (6)  the State Soil and Water Conservation Board that
1-36     may be spent for financial and technical assistance .. $  2,000,000
1-37                 (7)  the State Soil and Water Conservation Board that
1-38     may be spent for pollution abatements ................ $    400,000
1-39                 (8)  the Texas Historical Commission that may be spent
1-40     for archeological protection ......................... $    500,000
1-41                 (9)  the Texas Historical Commission that may be spent
1-42     for the evaluation and interpretation of resources ... $    500,000
1-43                 (10)  The University of Texas at Austin that may be
1-44     spent for the TxPharm program ........................ $    478,000
1-45                 (11)  Texas Southern University that may be spent for
1-46     the TxPharm program .................................. $    549,000
1-47                 (12)  the University of Houston that may be spent for
1-48     the TxPharm program .................................. $    460,000
1-49                 (13)  the Texas Higher Education Coordinating Board
1-50     that may be spent for Texas Excellence access and success grants
1-51     ...................................................... $ 39,000,000
1-52                 (14)  the Texas Education Agency for support programs
1-53     ...................................................... $  1,100,000
1-54                 (15)  the Texas Education Agency for improving educator
1-55     performance .......................................... $  8,000,000
1-56                 (16)  the General Services Commission that may be spent
1-57     for property acquisition, repair, and renovation ..... $  2,790,000
1-58                 (17)  the General Services Commission that may be spent
1-59     for computer acquisition ............................. $  1,100,000
1-60           (b)  The sum of $92,300,000, originally derived as interest
1-61     from the suspense account of the comptroller of public accounts as
1-62     described by S.B. 848, Acts of the 77th Legislature, Regular
1-63     Session, 2001, is appropriated from the general revenue fund to the
1-64     Texas Department of Health for the remainder of the fiscal year
 2-1     ending August 31, 2001, for the purpose of providing services under
 2-2     the state Medicaid program.
 2-3           (c)  From the amounts appropriated by Chapter 396, Acts of
 2-4     the 76th Legislature, Regular Session, 1999 (Senate Bill No. 4),
 2-5     from the general revenue fund to the Texas Education Agency for one
 2-6     or both fiscal years of the fiscal biennium ending August 31, 2001,
 2-7     that may be spent for various purposes, the unencumbered amount of
 2-8     $47,500,000 is transferred to the Texas Department of Health for
 2-9     the remainder of the fiscal year ending August 31, 2001, for the
2-10     purpose of providing services under the state Medicaid program.
2-11           (d)  In addition to amounts previously appropriated for the
2-12     current fiscal biennium, the sum of $6,100,000 in earned federal
2-13     funds is appropriated from the Rehabilitation Commission Federal
2-14     Fund to the Texas Department of Health for the remainder of the
2-15     fiscal year ending August 31, 2001, for the purpose of providing
2-16     services under the state Medicaid program.
2-17           (e)  In addition to amounts previously appropriated for the
2-18     current fiscal biennium, the sum of $6,267,000 in earned federal
2-19     funds is appropriated from the general revenue fund to the Texas
2-20     Department of Health for the remainder of the fiscal year ending
2-21     August 31, 2001, for the purpose of providing services under the
2-22     state Medicaid program.
2-23           (f)  Funds described by Subsections (a), (b), (c), (d), and
2-24     (e) of this section may be expended only for the purpose described
2-25     by Subsections (a), (b), (c), (d), and (e) of this section and only
2-26     if:
2-27                 (1)  Medicaid expenditures exceed otherwise available
2-28     revenue because of changes in caseloads and costs or a lower
2-29     federal match rate; and
2-30                 (2)  the Texas Department of Health has used all
2-31     revenue available to the Medicaid program, including but not
2-32     limited to premium credits and vendor drug rebates.
2-33           (g)  The unexpended balance of funds described by Subsections
2-34     (a), (b), and (c) of this section remaining at the end of the state
2-35     fiscal year that ends August 31, 2001, is appropriated from the
2-36     general revenue fund to the Texas Department of Health for the
2-37     state fiscal year beginning September 1, 2001, for the purpose of
2-38     providing services under the state Medicaid program, but the
2-39     amounts appropriated by this subsection may be expended by the
2-40     department only with the prior approval of the Legislative Budget
2-41     Board.
2-42           SECTION 2.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE: CAPACITY;
2-43     CAREER LADDER ADJUSTMENTS.  (a)  The unencumbered amounts listed
2-44     below that were appropriated by Chapter 1589, Acts of the 76th
2-45     Legislature, Regular Session, 1999 (the General Appropriations
2-46     Act), from the general revenue fund to the respective agencies for
2-47     one or both fiscal years of the fiscal biennium ending August 31,
2-48     2001, totalling $65,519,000, are transferred to the Texas
2-49     Department of Criminal Justice for the remainder of the fiscal year
2-50     ending August 31, 2001, with $29,819,000 of that amount transferred
2-51     for the purpose of providing for expenditures relating to the
2-52     operation of additional prison capacity and to contracts with
2-53     counties for additional temporary capacity, and $35,700,000 of that
2-54     amount transferred for the purpose of providing for expenditures
2-55     relating to correctional officer, sergeant, and food service and
2-56     laundry manager career ladder salary adjustments:
2-57                 (1)  various agencies identified by the comptroller of
2-58     public accounts, subject to Section 8 of this Act .... $ 33,377,000
2-59                 (2)  the Texas Natural Resource Conservation Commission
2-60     that may be spent for water resource assessment and planning
2-61     ...................................................... $  1,400,000
2-62                 (3)  the Texas Youth Commission that may be spent for
2-63     various purposes ..................................... $  1,000,000
2-64                 (4)  the Department of Information Resources in Article
2-65     IX of the General Appropriations Act that may be spent for Year
2-66     2000 Conversion ...................................... $ 12,800,000
2-67                 (5)  the State Preservation Board that may be spent for
2-68     various purposes ..................................... $  6,500,000
2-69                 (6)  the Comptroller of Public Accounts, Fiscal
 3-1     Programs, that may be spent for Tort Claims & Federal Court
 3-2     Judgments ............................................ $  5,000,000
 3-3                 (7)  the Texas Natural Resource Conservation Commission
 3-4     for various purposes for which the commission received an
 3-5     appropriation from general revenue ................... $  5,442,000
 3-6           (b)  In addition to amounts previously appropriated for the
 3-7     current fiscal biennium, the sum of $2,781,000 is appropriated from
 3-8     the criminal justice planning account to the Texas Department of
 3-9     Criminal Justice for the remainder of the fiscal year ending August
3-10     31, 2001, for the purpose of providing for expenditures relating to
3-11     the operation of additional prison capacity and to contracts with
3-12     counties for additional temporary capacity.
3-13           (c)  In addition to amounts previously appropriated for the
3-14     current fiscal biennium, the sum of $41,000,000 is appropriated
3-15     from the fugitive apprehension account to the Texas Department of
3-16     Criminal Justice for the remainder of the fiscal year ending August
3-17     31, 2001, for the purpose of providing for expenditures relating to
3-18     the operation of additional prison capacity and to contracts with
3-19     counties for additional temporary capacity.
3-20           SECTION 3.  STATE OFFICE OF RISK MANAGEMENT:  PAYMENT OF
3-21     WORKERS' COMPENSATION CLAIMS.  (a)  From the amounts appropriated
3-22     by Chapter 1589, Acts of the 76th Legislature, Regular Session,
3-23     1999 (the General Appropriations Act), from the general revenue
3-24     fund for one or both fiscal years of the fiscal biennium ending
3-25     August 31, 2001, to the Office of the Governor that may be spent
3-26     for disaster grants and emergency and deficiency grants, the
3-27     unencumbered amount of $6,300,000 is transferred to the State
3-28     Office of Risk Management for the remainder of the fiscal year
3-29     ending August 31, 2001, for the purpose of paying higher than
3-30     expected workers' compensation claims.
3-31           (b)  The sum of $6,700,000, originally derived as interest
3-32     from the suspense account of the comptroller of public accounts as
3-33     described by S.B. 848, Acts of the 77th Legislature, Regular
3-34     Session, 2001, is appropriated from the general revenue fund to the
3-35     State Office of Risk Management for the remainder of the fiscal
3-36     year ending August 31, 2001, for the purpose of paying higher than
3-37     expected workers' compensation claims.
3-38           SECTION 4.  ADJUTANT GENERAL'S DEPARTMENT:  PAYMENT OF
3-39     UTILITY COSTS. From the amounts appropriated by Chapter 1589, Acts
3-40     of the 76th Legislature, Regular Session, 1999 (the General
3-41     Appropriations Act), from the general revenue fund for one or both
3-42     fiscal years of the fiscal biennium ending August 31, 2001, to the
3-43     General Services Commission that may be spent for computer
3-44     acquisition, the unencumbered amount of $600,000 is transferred to
3-45     the adjutant general's department for the remainder of the state
3-46     fiscal year ending August 31, 2001, for the purpose of paying
3-47     utility costs.
3-48           SECTION 5.  TEXAS NATURAL RESOURCE CONSERVATION COMMISSION:
3-49     PURPOSES FOR WHICH GENERAL REVENUE HAS BEEN APPROPRIATED.  In
3-50     addition to amounts previously appropriated for the current fiscal
3-51     biennium, the sum of $5,442,000 is appropriated from the low-level
3-52     radioactive waste account to the Texas Natural Resource
3-53     Conservation Commission for the remainder of the fiscal year ending
3-54     August 31, 2001, for any necessary purposes for which the
3-55     commission received an appropriation from general revenue for the
3-56     fiscal year ending August 31, 2001.
3-57           SECTION 6.  TEXAS DEPARTMENT OF TRANSPORTATION: APPROPRIATION
3-58     TRANSFER.  The unencumbered amount of $50,000,000 that was
3-59     appropriated by Chapter 1589, Acts of the 76th Legislature, Regular
3-60     Session, 1999 (the General Appropriations Act), from State Highway
3-61     Fund No. 006 to the Texas Department of Transportation in Highway
3-62     Construction strategy A.1.3. for the fiscal year ending August 31,
3-63     2001, is transferred to the Texas Department of Transportation's
3-64     Plan/Design/Manage strategy A.1.1. for the remainder of the fiscal
3-65     year ending August 31, 2001, for the purpose of funding planning
3-66     and design contracts.
3-67           SECTION 7.  DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES:
3-68     MANAGING HIGHER CASELOAD.  From the amounts appropriated by Chapter
3-69     1589, Acts of the 76th Legislature, Regular Session, 1999 (the
 4-1     General Appropriations Act), from the general revenue fund for one
 4-2     or both fiscal years of the fiscal biennium ending August 31, 2001,
 4-3     to the Office of Court Administration of the Texas Judicial System
 4-4     that may be spent for the Judicial Committee on Information
 4-5     Technology, the unencumbered amount of $1,000,000 is transferred to
 4-6     the Department of Protective and Regulatory Services for the
 4-7     remainder of the fiscal year ending August 31, 2001, for the
 4-8     purpose of allowing the department to manage a higher than expected
 4-9     caseload.
4-10           SECTION 8.  TRANSFERS FROM AGENCIES IDENTIFIED BY
4-11     COMPTROLLER.  (a)  After the comptroller has identified the various
4-12     agencies from which amounts are to be transferred for purposes of
4-13     this Act, the comptroller shall submit to the Legislative Budget
4-14     Board and the governor a detailed listing of the appropriations
4-15     proposed to be transferred. The budget board and the governor may
4-16     modify or reject the comptroller's proposal and shall direct the
4-17     comptroller to make those transfers approved by the budget board
4-18     and the governor.
4-19           (b)  Transfers made in accordance with this section are
4-20     emergency transfers made under the authority of Section 69, Article
4-21     XVI, Texas Constitution.
4-22           SECTION 9.  CERTAIN APPROPRIATIONS FOR FISCAL YEAR BEGINNING
4-23     SEPTEMBER 1, 2001.  The following amounts are appropriated from the
4-24     general revenue fund to the listed agencies for the described
4-25     purposes for the state fiscal year beginning September 1, 2001:
4-26                 (1)  $2,781,000 to the Office of the Governor for the
4-27     purposes for which the criminal justice planning account may be
4-28     appropriated;
4-29                 (2)  $13,000,000 to the Office of the Governor  for the
4-30     purpose of making emergency and deficiency grants and disaster
4-31     grants;
4-32                 (3)  $39,000,000 to the Texas Higher Education
4-33     Coordinating Board for the purpose of making Texas Excellence
4-34     access and success grants;
4-35                 (4)  $500,000 to the Texas Historical Commission for
4-36     archeological heritage protection;
4-37                 (5)  $500,000 to the Texas Historical Commission to
4-38     evaluate and interpret resources;
4-39                 (6)  $6,500,000 to the State Preservation Board for the
4-40     purpose of implementing Chapter 443, Government Code;
4-41                 (7)  $2,790,000 to the General Services Commission for
4-42     property acquisition, repair, and renovation;
4-43                 (8)  $1,700,000 to the General Services Commission for
4-44     computer acquisition; and
4-45                 (9)  $118,231 to the Texas Natural Resource
4-46     Conservation Commission for low-level radioactive waste assessment.
4-47           SECTION 10.  TEXAS DEPARTMENT OF ECONOMIC DEVELOPMENT:
4-48     DEFENSE-RELATED JOBS CREATION. (a)  From the amounts appropriated
4-49     by Chapter 1589, Acts of the 76th Legislature, Regular Session,
4-50     1999 (the General Appropriations Act), from Smart Jobs Fund No. 891
4-51     to the Texas Department of Economic Development in connection with
4-52     the smart jobs program, the department is authorized to expend the
4-53     unencumbered amount of $4,000,000 during the remainder of the
4-54     fiscal year ending August 31, 2001, for the purpose of awarding
4-55     grants in communities in this state in connection with the creation
4-56     of qualified defense-related jobs.
4-57           (b)  The unexpended balance of funds described by Subsection
4-58     (a) of this section remaining at the end of the fiscal year ending
4-59     August 31, 2001, is appropriated from Smart Jobs Fund No. 891 to
4-60     the Texas Department of Economic Development for the fiscal year
4-61     beginning September 1, 2001, for the purpose of awarding grants in
4-62     communities in this state in connection with the creation of
4-63     qualified defense-related jobs.
4-64           SECTION 11.  EFFECTIVE DATE.  This Act takes effect
4-65     immediately.
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