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. 4-66 * * * * *