1-1                                   AN ACT
 1-2     relating to authorizing the Texas Department of Health to
 1-3     temporarily transfer money appropriated for the purpose of a
 1-4     tobacco endowment program administered by the department to use for
 1-5     another tobacco endowment program administered by the department.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1. Section 403.105, Government Code, is amended by
 1-8     amending Subsection (b) and adding Subsection (h) to read as
 1-9     follows:
1-10           (b)  Except as provided by Subsections (c), (e), [and] (f),
1-11     and (h), money in the fund may not be appropriated for any purpose.
1-12           (h)  The department may direct the comptroller to temporarily
1-13     transfer money appropriated under Subsection (c) to pay an
1-14     obligation that the department is authorized to incur under and for
1-15     which money is appropriated under Section 403.1055(c), 403.106(c),
1-16     or 403.1066(c) if the department determines that the transfer is
1-17     necessary for cash management purposes.  As soon as possible after
1-18     the transfer but not later than the 90th day after the date of the
1-19     transfer, the department shall direct the comptroller to transfer
1-20     back the transferred amount from amounts appropriated under Section
1-21     403.1055(c), 403.106(c), or 403.1066(c), as applicable, to the
1-22     appropriation item for Subsection (c).
1-23           SECTION 2. Section 403.1055, Government Code, is amended by
1-24     amending Subsection (b) and adding Subsection (h) to read as
 2-1     follows:
 2-2           (b)  Except as provided by Subsections (c), (e), [and] (f),
 2-3     and (h), money in the fund may not be appropriated for any purpose.
 2-4           (h)  The department may direct the comptroller to temporarily
 2-5     transfer money appropriated under Subsection (c) to pay an
 2-6     obligation that the department is authorized to incur under and for
 2-7     which money is appropriated under Section 403.105(c), 403.106(c),
 2-8     or 403.1066(c) if the department determines that the transfer is
 2-9     necessary for cash management purposes.  As soon as possible after
2-10     the transfer but not later than the 90th day after the date of the
2-11     transfer, the department shall direct the comptroller to transfer
2-12     back the transferred amount from amounts appropriated under Section
2-13     403.105(c), 403.106(c), or 403.1066(c), as applicable, to the
2-14     appropriation item for Subsection (c).
2-15           SECTION 3. Section 403.106, Government Code, is amended by
2-16     amending Subsection (b) and adding Subsection (h) to read as
2-17     follows:
2-18           (b)  Except as provided by Subsections (c), (e), [and] (f),
2-19     and (h), money in the fund may not be appropriated for any purpose.
2-20           (h)  The department may direct the comptroller to temporarily
2-21     transfer money appropriated under Subsection (c) to pay an
2-22     obligation that the department is authorized to incur under and for
2-23     which money is appropriated under Section 403.105(c), 403.1055(c),
2-24     or 403.1066(c) if the department determines that the transfer is
2-25     necessary for cash management purposes.  As soon as possible after
2-26     the transfer but not later than the 90th day after the date of the
2-27     transfer, the department shall direct the comptroller to transfer
 3-1     back the transferred amount from amounts appropriated under Section
 3-2     403.105(c), 403.1055(c), or 403.1066(c), as applicable, to the
 3-3     appropriation item for Subsection (c).
 3-4           SECTION 4. Section 403.1066, Government Code, is amended by
 3-5     amending Subsection (b) and adding Subsection (i) to read as
 3-6     follows:
 3-7           (b)  Except as provided by Subsections (c), (d), [and] (e),
 3-8     and (i), the money in the fund may not be appropriated for any
 3-9     purpose.
3-10           (i)  The department may direct the comptroller to temporarily
3-11     transfer money appropriated under Subsection (c) to pay an
3-12     obligation that the department is authorized to incur under and for
3-13     which money is appropriated under Section 403.105(c), 403.1055(c),
3-14     or 403.106(c) if the department determines that the transfer is
3-15     necessary for cash management purposes.  As soon as possible after
3-16     the transfer but not later than the 90th day after the date of the
3-17     transfer, the department shall direct the comptroller to transfer
3-18     back the transferred amount from amounts appropriated under Section
3-19     403.105(c), 403.1055(c), or 403.106(c), as applicable, to the
3-20     appropriation item for Subsection (c).
3-21           SECTION 5. This Act takes effect immediately if it receives a
3-22     vote of two-thirds of all the members elected to each house, as
3-23     provided by Section 39, Article III, Texas Constitution.  If this
3-24     Act does not receive the vote necessary for immediate effect, this
3-25     Act takes effect on the 91st day after the last day of the
3-26     legislative session.
         _______________________________     _______________________________
             President of the Senate              Speaker of the House
               I certify that H.B. No. 3244 was passed by the House on May
         10, 2001, by a non-record vote; that the House refused to concur in
         Senate amendments to H.B. No. 3244 on May 25, 2001, and requested
         the appointment of a conference committee to consider the
         differences between the two houses; and that the House adopted the
         conference committee report on H.B. No. 3244 on May 27, 2001, by
         the following vote:  Yeas 144, Nays 0, 2 present, not voting.
                                             _______________________________
                                                 Chief Clerk of the House
               I certify that H.B. No. 3244 was passed by the Senate, with
         amendments, on May 22, 2001, by the following vote:  Yeas 30, Nays
         0, 1 present, not voting; at the request of the House, the Senate
         appointed a conference committee to consider the differences
         between the two houses; and that the Senate adopted the conference
         committee report on H.B. No. 3244 on May 27, 2001, by the following
         vote:  Yeas 30, Nays 0, 1 present, not voting.
                                             _______________________________
                                                 Secretary of the Senate
         APPROVED:  __________________________
                              Date
                    __________________________
                            Governor