1-1     By:  Gallego (Senate Sponsor - Duncan)                H.B. No. 3244
 1-2           (In the Senate - Received from the House May 11, 2001;
 1-3     May 11, 2001, read first time and referred to Committee on Finance;
 1-4     May 11, 2001, reported favorably by the following vote:  Yeas 9,
 1-5     Nays 0; May 11, 2001, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to authorizing the Texas Department of Health to
 1-9     temporarily transfer money appropriated for the purpose of a
1-10     tobacco endowment program administered by the department to use for
1-11     another tobacco endowment program administered by the department.
1-12           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13           SECTION 1. Section 403.105, Government Code, is amended by
1-14     amending Subsection (b) and adding Subsection (h) to read as
1-15     follows:
1-16           (b)  Except as provided by Subsections (c), (e), [and] (f),
1-17     and (h), money in the fund may not be appropriated for any purpose.
1-18           (h)  The department may direct the comptroller to temporarily
1-19     transfer money appropriated under Subsection (c) to pay an
1-20     obligation that the department is authorized to incur under and for
1-21     which money is appropriated under Section 403.1055(c), 403.106(c),
1-22     or 403.1066(c) if the department determines that the transfer is
1-23     necessary for cash management purposes.  As soon as possible after
1-24     the transfer, the department shall direct the comptroller to
1-25     transfer back the transferred amount from amounts appropriated
1-26     under Section 403.1055(c), 403.106(c), or 403.1066(c), as
1-27     applicable, to the appropriation item for Subsection (c).
1-28           SECTION 2. Section 403.1055, Government Code, is amended by
1-29     amending Subsection (b) and adding Subsection (h) to read as
1-30     follows:
1-31           (b)  Except as provided by Subsections (c), (e), [and] (f),
1-32     and (h), money in the fund may not be appropriated for any purpose.
1-33           (h)  The department may direct the comptroller to temporarily
1-34     transfer money appropriated under Subsection (c) to pay an
1-35     obligation that the department is authorized to incur under and for
1-36     which money is appropriated under Section 403.105(c), 403.106(c),
1-37     or 403.1066(c) if the department determines that the transfer is
1-38     necessary for cash management purposes.  As soon as possible after
1-39     the transfer, the department shall direct the comptroller to
1-40     transfer back the transferred amount from amounts appropriated
1-41     under Section 403.105(c), 403.106(c), or 403.1066(c), as
1-42     applicable, to the appropriation item for Subsection (c).
1-43           SECTION 3. Section 403.106, Government Code, is amended by
1-44     amending Subsection (b) and adding Subsection (h) to read as
1-45     follows:
1-46           (b)  Except as provided by Subsections (c), (e), [and] (f),
1-47     and (h), money in the fund may not be appropriated for any purpose.
1-48           (h)  The department may direct the comptroller to temporarily
1-49     transfer money appropriated under Subsection (c) to pay an
1-50     obligation that the department is authorized to incur under and for
1-51     which money is appropriated under Section 403.105(c), 403.1055(c),
1-52     or 403.1066(c) if the department determines that the transfer is
1-53     necessary for cash management purposes.  As soon as possible after
1-54     the transfer, the department shall direct the comptroller to
1-55     transfer back the transferred amount from amounts appropriated
1-56     under Section 403.105(c), 403.1055(c), or 403.1066(c), as
1-57     applicable, to the appropriation item for Subsection (c).
1-58           SECTION 4. Section 403.1066, Government Code, is amended by
1-59     amending Subsection (b) and adding Subsection (i) to read as
1-60     follows:
1-61           (b)  Except as provided by Subsections (c), (d), [and] (e),
1-62     and (i), the money in the fund may not be appropriated for any
1-63     purpose.
1-64           (i)  The department may direct the comptroller to temporarily
 2-1     transfer money appropriated under Subsection (c) to pay an
 2-2     obligation that the department is authorized to incur under and for
 2-3     which money is appropriated under Section 403.105(c), 403.1055(c),
 2-4     or 403.106(c) if the department determines that the transfer is
 2-5     necessary for cash management purposes.  As soon as possible after
 2-6     the transfer, the department shall direct the comptroller to
 2-7     transfer back the transferred amount from amounts appropriated
 2-8     under Section 403.105(c), 403.1055(c), or 403.106(c), as
 2-9     applicable, to the appropriation item for Subsection (c).
2-10           SECTION 5. This Act takes effect immediately if it receives a
2-11     vote of two-thirds of all the members elected to each house, as
2-12     provided by Section 39, Article III, Texas Constitution.  If this
2-13     Act does not receive the vote necessary for immediate effect, this
2-14     Act takes effect on the 91st day after the last day of the
2-15     legislative session.
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