By: Ellis S.B. No. 1090
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to codifying in general law various riders in the General
1-3 Appropriations Act.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 ARTICLE 1. RIDERS CONTAINED IN ARTICLE I OF THE GENERAL
1-6 APPROPRIATIONS ACT
1-7 SECTION 1.01. Section 815.206, Government Code, is amended
1-8 to codify Rider 2 following the appropriation to the Employees
1-9 Retirement System of Texas in the General Appropriations Act for
1-10 the state fiscal biennium ending August 31, 2001, by adding
1-11 Subsection (f) to read as follows:
1-12 (f) In addition to the other requirements of this section,
1-13 the board of trustees shall contract with an actuary to perform a
1-14 limited actuarial valuation of the assets and liabilities of the
1-15 retirement system not later than February 28 of each odd-numbered
1-16 year to determine the effect of investment, salary, and payroll
1-17 experience on:
1-18 (1) the unfunded actuarial liabilities of the
1-19 retirement system;
1-20 (2) the amortization period for the unfunded actuarial
1-21 liabilities of the retirement system; and
1-22 (3) the state contribution rate that would result in a
1-23 30-year amortization period of the retirement system.
1-24 SECTION 1.02. Subchapter B, Chapter 2205, Government Code,
1-25 is amended to codify Rider 7 following the appropriations to the
2-1 General Services Commission in the General Appropriations Act for
2-2 the state fiscal biennium ending August 31, 2001, by adding Section
2-3 2205.0345 to read as follows:
2-4 Sec. 2205.0345. MAINTENANCE OF FACILITIES AND OTHER REAL
2-5 PROPERTY. The General Services Commission shall maintain real
2-6 property, including facilities, owned by this state and used by the
2-7 board.
2-8 SECTION 1.03. Subchapter B, Chapter 2165, Government Code,
2-9 is amended to codify Rider 11 following the appropriation to the
2-10 General Services Commission in the General Appropriations Act for
2-11 the state fiscal biennium ending August 31, 2001, by adding Section
2-12 2165.057 to read as follows:
2-13 Sec. 2165.057. NOTICE TO LEGISLATOR. Before the commission
2-14 relocates a state office, executes a lease contract for a state
2-15 office, or changes a policy that affects office location in a state
2-16 legislative district, the commission shall notify each member of
2-17 the legislature who represents the district.
2-18 SECTION 1.04. Subchapter L, Chapter 481, Government Code, is
2-19 amended to codify Riders 7, 6, 8, 29, and 9 following,
2-20 respectively, the appropriations to the Parks and Wildlife
2-21 Department, the Texas Commission on the Arts, the Texas Department
2-22 of Economic Development, the Texas Department of Transportation,
2-23 and the Texas Historical Commission in the General Appropriations
2-24 Act for the state fiscal biennium ending August 31, 2001, by adding
2-25 Section 481.175 to read as follows:
2-26 Sec. 481.175. COORDINATION WITH OTHER STATE AGENCIES;
3-1 MEMORANDUM OF UNDERSTANDING. (a) The department, the Parks and
3-2 Wildlife Department, the Texas Commission on the Arts, the Texas
3-3 Department of Transportation, and the Texas Historical Commission
3-4 shall coordinate with each other on all matters, including
3-5 spending, relating to the promotion of tourism and travel.
3-6 (b) The agencies listed in Subsection (a) shall enter into a
3-7 memorandum of understanding that:
3-8 (1) details the specific travel and tourism objectives
3-9 and responsibilities of each agency; and
3-10 (2) continues to provide coordination among the
3-11 agencies in the promotion of tourism and travel.
3-12 SECTION 1.05. Section 442.005, Government Code, is amended
3-13 to codify Rider 11 following the appropriation to the Texas
3-14 Historical Commission in the General Appropriations Act for the
3-15 state fiscal biennium ending August 31, 2001, by adding Subsection
3-16 (v) to read as follows:
3-17 (v) The commission shall cooperate with the General Services
3-18 Commission for any bidding or contracting related to the
3-19 construction of capital improvements on buildings owned or
3-20 maintained by the commission.
3-21 SECTION 1.06. Chapter 443, Government Code, is amended to
3-22 codify Rider 2 following the appropriation to the State
3-23 Preservation Board in the General Appropriations Act for the state
3-24 fiscal biennium ending August 31, 2001, by adding Section 443.0153
3-25 to read as follows:
3-26 Sec. 443.0153. PAVED SURFACES ON CAPITOL GROUNDS. The Texas
4-1 Department of Transportation shall maintain paved surfaces on the
4-2 Capitol grounds according to the long-range master plan approved
4-3 under Section 443.007.
4-4 ARTICLE 2. RIDERS CONTAINED IN ARTICLE II OF THE
4-5 GENERAL APPROPRIATIONS ACT
4-6 SECTION 2.01. Subsection (d), Section 461.0124, Health and
4-7 Safety Code, is amended to codify Rider 5 following the
4-8 appropriation to the Texas Commission on Alcohol and Drug Abuse in
4-9 the General Appropriations Act for the state fiscal biennium ending
4-10 August 31, 2001, to read as follows:
4-11 (d) The plan must provide a priority for obtaining treatment
4-12 services for individuals in need of treatment who are:
4-13 (1) parents of a child in foster care;
4-14 (2) not adults and who are at risk of using or
4-15 abusing, are using or abusing, or have abused alcohol or a
4-16 controlled substance, including youth who are in the juvenile
4-17 justice system or have been referred by that system;
4-18 (3) at risk of being infected with the human
4-19 immunodeficiency virus or are infected with the human
4-20 immunodeficiency virus because of substance abuse;
4-21 (4) in the criminal justice system or have been in the
4-22 criminal justice system;
4-23 (5) at risk of institutionalization in or receive
4-24 services from a mental health facility;
4-25 (6) not adults and who are at risk of selling
4-26 controlled substances;
5-1 (7) women who are at an age when women can usually
5-2 have children; and
5-3 (8) indigent veterans who received honorable
5-4 discharges.
5-5 SECTION 2.02. Chapter 461, Health and Safety Code, is
5-6 amended to codify Rider 7 following the appropriation to the Texas
5-7 Commission on Alcohol and Drug Abuse in the General Appropriations
5-8 Act for the state fiscal biennium ending August 31, 2001, by adding
5-9 Section 461.01245 to read as follows:
5-10 Sec. 461.01245. COORDINATION OF SUPPORT SERVICES. (a) The
5-11 treatment plan for each client of the commission must contain
5-12 complete and appropriate medical, educational, and vocational
5-13 objectives to meet the client's needs.
5-14 (b) The commission shall:
5-15 (1) enter into formal agreements with other health and
5-16 human services agencies to facilitate for its clients referrals to
5-17 and access to needed ancillary services as a client's treatment
5-18 plan may provide;
5-19 (2) provide technical aids and assistance as necessary
5-20 to ensure that its clients are provided or referred to appropriate
5-21 services;
5-22 (3) monitor its contractors to measure their
5-23 performance in providing to its clients, or referring its clients
5-24 to, appropriate services; and
5-25 (4) evaluate the effects supportive services may have
5-26 in successfully achieving treatment objectives for its clients.
6-1 SECTION 2.03. Chapter 461, Health and Safety Code, is
6-2 amended to codify Rider 10 following the appropriation to the Texas
6-3 Commission on Alcohol and Drug Abuse in the General Appropriations
6-4 Act for the state fiscal biennium ending August 31, 2001, by adding
6-5 Section 461.01255 to read as follows:
6-6 Sec. 461.01255. HIV SERVICES CONTRACTING. (a) In this
6-7 section, "HIV" means human immunodeficiency virus.
6-8 (b) The contracting for HIV services by the commission shall
6-9 be as comprehensive as the contracting for those services by the
6-10 Texas Department of Health and shall include:
6-11 (1) definitions of health and support services to be
6-12 provided;
6-13 (2) licensing requirements for facilities and other
6-14 service providers;
6-15 (3) budgets, financial status reports, and standards
6-16 for financial reports;
6-17 (4) performance measures and standards;
6-18 (5) fee schedules, when applicable; and
6-19 (6) restrictions or limitations on the use of contract
6-20 funds.
6-21 SECTION 2.04. Chapter 74, Human Resources Code, is amended
6-22 to codify Rider 5 following the appropriation to the Children's
6-23 Trust Fund of Texas Council in the General Appropriations Act for
6-24 the state fiscal biennium ending August 31, 2001, by adding Section
6-25 74.0034 to read as follows:
6-26 Sec. 74.0034. CONTRACTS. (a) The council shall notify the
7-1 governor's office of a proposed contract to which the council is a
7-2 party at least 30 days before the proposed effective date of the
7-3 contract.
7-4 (b) The governor's office may disapprove the proposed
7-5 contract by informing the council of the disapproval not later than
7-6 the 30th day after the date the governor's office receives
7-7 notification of the proposed contract.
7-8 (c) The council may not spend money appropriated to the
7-9 council on a contract disapproved by the governor's office.
7-10 (d) The council may proceed with a proposed contract if the
7-11 governor's office does not inform the council that the contract has
7-12 been disapproved within the period prescribed by Subsection (b).
7-13 (e) The council may not contract:
7-14 (1) with any person required to register with the
7-15 Texas Ethics Commission under Chapter 305, Government Code; or
7-16 (2) for the purpose of obtaining services relating to
7-17 legislative monitoring, bill tracking, or any other aspect of the
7-18 legislature.
7-19 SECTION 2.05. Subchapter B, Chapter 32, Human Resources
7-20 Code, is amended to codify Rider 28 following the appropriation to
7-21 the Texas Department of Health in the General Appropriations Act
7-22 for the state fiscal biennium ending August 31, 2001, by adding
7-23 Section 32.0284 to read as follows:
7-24 Sec. 32.0284. PAYMENTS TO RURAL HOSPITALS UNDER MEDICAID
7-25 MANAGED CARE. (a) This section applies to payments made from
7-26 funds appropriated for acute care services to a rural hospital:
8-1 (1) located in a county with a population of less than
8-2 50,000;
8-3 (2) that has not more than 100 licensed beds; and
8-4 (3) is a party to a Medicaid managed care contract
8-5 entered into or renewed on or after September 1, 1997.
8-6 (b) The department shall compute the reimbursement rate for
8-7 a payment described by Subsection (a) using the higher of the
8-8 prospective payment system rate or the cost reimbursement
8-9 methodology authorized under the Tax Equity and Fiscal
8-10 Responsibility Act of 1982 (TEFRA).
8-11 (c) If the department uses the TEFRA method, the department
8-12 may not impose the TEFRA cap.
8-13 (d) The participating managed care organization shall
8-14 reimburse the hospital under a full-risk managed care pilot
8-15 project.
8-16 SECTION 2.06. Subchapter B, Chapter 32, Human Resources
8-17 Code, is amended to codify Rider 29 following the appropriation to
8-18 the Texas Department of Health in the General Appropriations Act
8-19 for the state fiscal biennium ending August 31, 2001, by adding
8-20 Section 32.0283 to read as follows:
8-21 Sec. 32.0283. PAYMENTS TO RURAL PHYSICIANS UNDER MEDICAID
8-22 MANAGED CARE. (a) This section applies to a physician who:
8-23 (1) practices in a county with a population of less
8-24 than 50,000; and
8-25 (2) is a party to a Medicaid managed care contract
8-26 entered into or renewed on or after September 1, 1997.
9-1 (b) Except as provided by Subsection (c), the department
9-2 shall reimburse a physician described by Subsection (a) at the rate
9-3 specified by the medical assistance fee schedule.
9-4 (c) If the physician is participating in a health care
9-5 delivery system that uses a full-risk managed care model, the
9-6 department shall reimburse the physician at the rate specified by
9-7 the medical assistance fee schedule, including negotiated fee for
9-8 service. If the physician is a primary care physician
9-9 participating in a health care delivery system that uses a primary
9-10 care case management system model, the department shall also pay
9-11 the physician a monthly case management fee.
9-12 SECTION 2.07. Section 32.021, Human Resources Code, is
9-13 amended to codify Rider 7e following the appropriation to the Texas
9-14 Department of Human Services in the General Appropriations Act for
9-15 the state fiscal biennium ending August 31, 2001, by adding
9-16 Subsection (p) to read as follows:
9-17 (p) The department shall encourage competition among nursing
9-18 facilities with which the department contracts.
9-19 SECTION 2.08. Subchapter D, Chapter 533, Health and Safety
9-20 Code, is amended to codify Rider 24 following the appropriation to
9-21 the Texas Department of Mental Health and Mental Retardation in the
9-22 General Appropriations Act for the state fiscal biennium ending
9-23 August 31, 2001, by adding Section 533.0845 to read as follows:
9-24 Sec. 533.0845. DISPOSITION OF SURPLUS PERSONAL PROPERTY.
9-25 (a) To conserve appropriated money, the department may transfer
9-26 surplus personal property from one facility to another with or
10-1 without reimbursement. The department may transfer surplus
10-2 personal property to a community mental health and mental
10-3 retardation center with or without reimbursement. The department
10-4 may sell or transfer surplus personal property belonging to a
10-5 department facility.
10-6 (b) The procedure provided by Chapter 2175, Government Code,
10-7 applies to a sale or transfer under this section.
10-8 (c) Notwithstanding Chapter 771, Government Code, the
10-9 department may make a sale or transfer under this section without a
10-10 contract.
10-11 SECTION 2.09. Subchapter B, Chapter 591, Health and Safety
10-12 Code, is amended to codify Rider 32 following the appropriation to
10-13 the Texas Department of Mental Health and Mental Retardation in the
10-14 General Appropriations Act for the state fiscal biennium ending
10-15 August 31, 2001, by adding Section 591.014 to read as follows:
10-16 Sec. 591.014. INFORMATION REGARDING CHOICE OF PROVIDERS OF
10-17 RESIDENTIAL SERVICES. To ensure that individuals seeking
10-18 residential services for a person with mental retardation have a
10-19 choice among available providers, the department shall inform
10-20 individuals seeking those residential services of all the available
10-21 services options, including large and small congregate living
10-22 arrangements and Medicaid services available under a federal
10-23 waiver.
10-24 ARTICLE 3. RIDERS CONTAINED IN ARTICLE III OF
10-25 THE GENERAL APPROPRIATIONS ACT
10-26 SECTION 3.01. Section 8.102, Education Code, is amended to
11-1 codify Rider 4 following the appropriation to the Texas Education
11-2 Agency in the General Appropriations Act for the state fiscal
11-3 biennium ending August 31, 2001, to read as follows:
11-4 Sec. 8.102. DATA REPORTING. (a) Each regional education
11-5 service center shall report audited or budgeted financial
11-6 information and any other information requested by the commissioner
11-7 for use in assessing the performance of the center. The
11-8 commissioner shall develop a uniform system for regional education
11-9 service centers to report audited financial data, to report
11-10 information on the indicators adopted under Section 8.101, and to
11-11 provide information on client satisfaction with services provided
11-12 under Subchapter B.
11-13 (b) The commissioner shall report information obtained under
11-14 Subsection (a) to the State Board of Education for transmittal to
11-15 the Legislative Budget Board and the Governor's Office of Budget
11-16 and Planning, accompanied by any recommendations relating to the
11-17 performance of regional education service centers.
11-18 SECTION 3.02. Section 30.003, Education Code, is amended to
11-19 codify Rider 27 following the appropriation to the Texas Education
11-20 Agency in the General Appropriations Act for the state fiscal
11-21 biennium ending August 31, 2001, by amending Subsections (d) and
11-22 (g) to read as follows:
11-23 (d) Each school district and state institution shall provide
11-24 to the commissioner the necessary information to determine the
11-25 district's share under this section. The information must be
11-26 reported to the commissioner on or before a date set by rule of the
12-1 State Board of Education. After determining the amount of a
12-2 district's share for all students for which the district is
12-3 responsible, the commissioner shall deduct that amount from the
12-4 payments of foundation school funds payable to the district. Each
12-5 deduction shall be in the same percentage of the total amount of
12-6 the district's share as the percentage of the total foundation
12-7 school fund entitlement being paid to the district at the time of
12-8 the deduction, except that the amount of any deduction may be
12-9 modified to make necessary adjustments or to correct errors. The
12-10 commissioner shall provide for remitting the amount deducted to the
12-11 appropriate school at the same time at which the remaining funds
12-12 are distributed to the district. If a district does not receive
12-13 foundation school funds or if a district's foundation school
12-14 entitlement is less than the amount of the district's share under
12-15 this section, the commissioner shall direct the district to remit
12-16 payment to the commissioner, and the commissioner shall remit the
12-17 district's share to the appropriate school. A school district that
12-18 is required to take action under Chapter 41 to reduce its wealth
12-19 per student to the equalized wealth level whose students are
12-20 enrolled in the Texas School for the Blind and Visually Impaired or
12-21 the Texas School for the Deaf shall remit the payment to the
12-22 commissioner not later than the 60th day after the date the school
12-23 district receives a voucher from the Texas School for the Blind and
12-24 Visually Impaired or the Texas School for the Deaf.
12-25 (g) The State Board of Education:
12-26 (1) shall adopt rules to ensure that each school
13-1 district that has a student enrolled in the Texas School for the
13-2 Blind and Visually Impaired or the Texas School for the Deaf share
13-3 in the cost of the student's education as required by Subsection
13-4 (a); and
13-5 (2) may adopt other rules as necessary to implement
13-6 this section.
13-7 SECTION 3.03. Section 39.073, Education Code, is amended to
13-8 codify Rider 28 following the appropriation to the Texas Education
13-9 Agency in the General Appropriations Act for the state fiscal
13-10 biennium ending August 31, 2001, by adding Subsection (f) to read
13-11 as follows:
13-12 (f) When the agency notifies a school district that the
13-13 district's accreditation status has been changed, the agency shall
13-14 also notify each state senator and state representative who
13-15 represents a legislative district that includes territory that is
13-16 within the school district.
13-17 SECTION 3.04. Subchapter E, Chapter 29, Education Code, is
13-18 amended to codify Rider 48 following the appropriation to the Texas
13-19 Education Agency in the General Appropriations Act for the state
13-20 fiscal biennium ending August 31, 2001, by adding Section 29.158 to
13-21 read as follows:
13-22 Sec. 29.158. INTERAGENCY INITIATIVES ON EARLY CHILDHOOD
13-23 EDUCATION AND CARE. The agency shall participate to the extent
13-24 practical in interagency initiatives relating to coordination and
13-25 funding of early childhood education and care, including
13-26 initiatives relating to the federal Head Start program.
14-1 SECTION 3.05. Subchapter C, Chapter 29, Education Code, is
14-2 amended to codify Rider 49 following the appropriation to the Texas
14-3 Education Agency in the General Appropriations Act for the state
14-4 fiscal biennium ending August 31, 2001, by adding Section 29.087 to
14-5 read as follows:
14-6 Sec. 29.087. PROGRAMS FOR PARENTS OF AT-RISK STUDENTS.
14-7 (a) The agency shall encourage parents of students at risk of
14-8 dropping out of school as defined by Section 29.081 to participate
14-9 in parenting programs, including:
14-10 (1) home instructional programs for preschool
14-11 children;
14-12 (2) programs for parents as teachers;
14-13 (3) parenting programs offered by the Texas
14-14 Agricultural Extension Service; and
14-15 (4) other parenting programs available in parents'
14-16 communities.
14-17 (b) The agency shall use money appropriated for providing
14-18 academic counseling and support service programs to accomplish the
14-19 purposes of Subsection (a).
14-20 SECTION 3.06. Section 31.104, Education Code, is amended to
14-21 codify Rider 54 following the appropriation to the Texas Education
14-22 Agency in the General Appropriations Act for the state fiscal
14-23 biennium ending August 31, 2001, by adding Subsection (e) to read
14-24 as follows:
14-25 (e) The agency shall assist each school district to ensure
14-26 that the appropriate textbook is available for each student
15-1 enrolled in kindergarten, first, second, or third grade in a
15-2 foundation curriculum course offered by the district.
15-3 SECTION 3.07. Section 21.048, Education Code, is amended to
15-4 codify Rider 5 following the appropriation to the State Board for
15-5 Educator Certification in the General Appropriations Act for the
15-6 state fiscal biennium ending August 31, 2001, by amending
15-7 Subsection (d) and adding Subsection (e) to read as follows:
15-8 (d) The board shall ensure that the examination for the
15-9 certification of educators in Texas (ExCET), or any similar
15-10 successor examination, is offered at multiple locations, including
15-11 at least one location within 50 miles of each location where an
15-12 educator preparation program approved by the board under Section
15-13 21.045 is provided.
15-14 (e) In this section:
15-15 (1) "Hearing impairment" means a hearing impairment so
15-16 severe that the person cannot process linguistic information with
15-17 or without amplification.
15-18 (2) "Reliability" means the extent to which an
15-19 experiment, test, or measuring procedure yields the same results on
15-20 repeated trials.
15-21 (3) "Validity" means being:
15-22 (A) well-grounded or justifiable;
15-23 (B) relevant and meaningful;
15-24 (C) correctly derived from premises or
15-25 inferences; and
15-26 (D) supported by objective truth or generally
16-1 accepted authority.
16-2 SECTION 3.08. Subchapter A, Chapter 30, Education Code, is
16-3 amended to codify Rider 6 of the special provisions for the Texas
16-4 School for the Blind and Visually Impaired and Texas School for the
16-5 Deaf in the General Appropriations Act for the state fiscal
16-6 biennium ending August 31, 2001, by adding Section 30.006 to read
16-7 as follows:
16-8 Sec. 30.006. FEE FOR ASSESSMENT OF STUDENT BY TEXAS SCHOOL
16-9 FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF.
16-10 If the Texas School for the Blind and Visually Impaired or the
16-11 Texas School for the Deaf performs an assessment of a student, that
16-12 school shall impose on the school district in which the student
16-13 resides a fee in a reasonable amount to cover the cost to the
16-14 school of performing the assessment. The school shall make a
16-15 reasonable effort to collect a fee imposed under this section.
16-16 SECTION 3.09. Section 825.206, Government Code, is amended
16-17 to codify Rider 2 following the appropriation to the Teacher
16-18 Retirement System of Texas in the General Appropriations Act for
16-19 the state fiscal biennium ending August 31, 2001, by adding
16-20 Subsection (g) to read as follows:
16-21 (g) In addition to the other requirements of this section,
16-22 the board of trustees shall contract with an actuary to perform a
16-23 limited actuarial valuation of the assets and liabilities of the
16-24 retirement system not later than February 28 of each odd-numbered
16-25 year to determine the effect of investment, salary, and payroll
16-26 experience on:
17-1 (1) the unfunded liability of the retirement system;
17-2 (2) the amortization period of the retirement system;
17-3 and
17-4 (3) the state contribution rate that would result in a
17-5 30-year amortization period of the retirement system.
17-6 SECTION 3.10. Subchapter B, Chapter 2205, Government Code,
17-7 is amended to codify Rider 2 following the appropriation to The
17-8 University of Texas System Administration and Rider 4 following the
17-9 appropriation to The University of Texas Medical Branch at
17-10 Galveston in the General Appropriations Act for the state fiscal
17-11 biennium ending August 31, 2001, by adding Section 2205.0331 to
17-12 read as follows:
17-13 Sec. 2205.0331. UNIVERSITY OF TEXAS SYSTEM AIRCRAFT.
17-14 (a) The University of Texas System may acquire, operate, maintain,
17-15 and replace a passenger airplane. The system may purchase the
17-16 airplane if the system is unable to acquire the airplane by gift.
17-17 If the system purchases the airplane, the airplane is subject to
17-18 the authority of the board under this chapter. The system may use
17-19 money allocated to the system from the available university fund to
17-20 pay for the cost of acquiring, operating, maintaining, or replacing
17-21 the airplane.
17-22 (b) The University of Texas Medical Branch at Galveston may
17-23 lease and operate a helicopter to transport critically ill or
17-24 emergency patients to the medical branch hospitals. The medical
17-25 branch may not use state funds to operate the helicopter unless:
17-26 (1) the helicopter is used:
18-1 (A) to transport an indigent patient; or
18-2 (B) to transport a patient pursuant to an
18-3 interagency contract; or
18-4 (2) the cost of operating the helicopter is reimbursed
18-5 by insurance proceeds.
18-6 (c) The University of Texas System may lease additional
18-7 aircraft on a short-term basis as needed.
18-8 SECTION 3.11. To conform to the codification as Section
18-9 2205.0331, Government Code, of Rider 2 following the appropriation
18-10 to The University of Texas System Administration and Rider 4
18-11 following the appropriation to The University of Texas Medical
18-12 Branch at Galveston in the General Appropriations Act for the state
18-13 fiscal biennium ending August 31, 2001, Subsection (a), Section
18-14 2205.031, Government Code, is amended to read as follows:
18-15 (a) This chapter applies to all aircraft owned or leased by
18-16 the state, except as provided by Sections [Section] 2205.033 and
18-17 2205.0331.
18-18 SECTION 3.12. Section 87.004, Education Code, is amended to
18-19 codify Rider 2 following the appropriation to Tarleton State
18-20 University in the General Appropriations Act for the state fiscal
18-21 biennium ending August 31, 2001, by adding Subsections (g) and (h)
18-22 to read as follows:
18-23 (g) The institute shall monitor the water quality in the
18-24 Bosque River and report the data collected to the Texas Natural
18-25 Resource Conservation Commission not later than February 1 and July
18-26 1 of each year. The institute shall coordinate the collection and
19-1 reporting of data to conform with protocols of the commission.
19-2 (h) The institute, the Texas Natural Resource Conservation
19-3 Commission, and other appropriate entities shall cooperate with
19-4 each other and avoid duplication of efforts in water quality
19-5 monitoring the institute conducts.
19-6 SECTION 3.13. Subchapter A, Chapter 74, Education Code, is
19-7 amended to codify certain provisions of Rider 3 following the
19-8 appropriation to The University of Texas Medical Branch at
19-9 Galveston in the General Appropriations Act for the state fiscal
19-10 biennium ending August 31, 2001, by adding Section 74.009 to read
19-11 as follows:
19-12 Sec. 74.009. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
19-13 board of regents may set reasonable rates to be charged and
19-14 collected by hospitals of the medical branch and may accept gifts
19-15 and donations for the support and maintenance of those hospitals.
19-16 (b) The board of regents may use not more than $5 million of
19-17 local revenue each year to match any gift made to endowments of the
19-18 medical branch, if the use of the local revenue for that purpose
19-19 does not:
19-20 (1) result in a reduction of service levels for
19-21 patients; or
19-22 (2) require general revenue to replace that local
19-23 revenue.
19-24 (c) A project initiated under Subsection (b) may not be
19-25 structured so that it will require future specific appropriation of
19-26 general revenue.
20-1 (d) This section does not authorize the board of regents,
20-2 without prior specific approval of the legislature, to accept real
20-3 property that would require a legislative appropriation for the
20-4 maintenance, repair, or construction of buildings.
20-5 SECTION 3.14. Subchapter K, Chapter 74, Education Code, is
20-6 amended to codify Rider 2 following the appropriation to The
20-7 University of Texas Health Science Center at Tyler in the General
20-8 Appropriations Act for the state fiscal biennium ending August 31,
20-9 2001, by adding Section 74.604 to read as follows:
20-10 Sec. 74.604. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
20-11 board of regents shall set reasonable rates to be charged and
20-12 collected from paying patients of The University of Texas Health
20-13 Science Center at Tyler and may enter into contracts for the
20-14 hospitalization of indigent persons.
20-15 (b) The board of regents may accept gifts and donations for
20-16 the support and maintenance of the health science center. This
20-17 subsection does not authorize the board of regents, without prior
20-18 specific approval of the legislature, to accept real property that
20-19 would require a legislative appropriation for the maintenance,
20-20 repair, or construction of buildings.
20-21 SECTION 3.15. Subchapter B, Chapter 86, Education Code, is
20-22 amended to codify Rider 2 following the appropriation to The Texas
20-23 A&M University Health Science Center in the General Appropriations
20-24 Act for the state fiscal biennium ending August 31, 2001, by adding
20-25 Section 86.25 to read as follows:
20-26 Sec. 86.25. TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER
21-1 AFFILIATION WITH HEALTH FACILITIES. (a) The Texas A&M University
21-2 Health Science Center may unite with Scott & White Clinic, Scott &
21-3 White Memorial Hospital, and the Scott, Sherwood and Brindley
21-4 Foundation as its long-term primary partners for high-quality
21-5 clinical education and research for the benefit of the people of
21-6 this state.
21-7 (b) The Texas A&M University Health Science Center may
21-8 collaborate with the Central Texas Veterans Health Care System,
21-9 Darnall Army Community Hospital, and Driscoll Children's Hospital.
21-10 SECTION 3.16. Section 321.0137, Government Code, is amended
21-11 to codify Rider 4 following the appropriation to public
21-12 community/junior colleges in the General Appropriations Act for the
21-13 state fiscal biennium ending August 31, 2001, by adding Subsection
21-14 (c) to read as follows:
21-15 (c) In an independent audit of a junior college district
21-16 that receives an appropriation under the General Appropriations
21-17 Act, the state auditor shall determine whether that district has
21-18 complied with the eligibility requirements for receiving the
21-19 appropriation and any limitations on the expenditure of the
21-20 appropriation prescribed by the General Appropriations Act.
21-21 ARTICLE 4. RIDERS CONTAINED IN ARTICLE IV OF THE
21-22 GENERAL APPROPRIATIONS ACT
21-23 SECTION 4.01. Chapter 91, Government Code, is amended to
21-24 codify Rider 3 following the appropriation to the State Law Library
21-25 in the General Appropriations Act for the state fiscal biennium
21-26 ending August 31, 2001, by adding Section 91.010 to read as
22-1 follows:
22-2 Sec. 91.010. COMPUTER-BASED LEGAL RESEARCH SERVICE.
22-3 (a) The library may enter into interagency contracts with other
22-4 state agencies and courts to provide a computer-based legal
22-5 research service.
22-6 (b) The library shall charge a fee for the service in an
22-7 amount equal to the cost to the library of providing the service.
22-8 SECTION 4.02. Subchapter C, Chapter 22, Government Code, is
22-9 amended to codify Rider 5, of Article IV, Special
22-10 Provisions-Judiciary, in the General Appropriations Act for the
22-11 state fiscal biennium ending August 31, 2001, by adding Section
22-12 22.229 to read as follows:
22-13 Sec. 22.229. TRANSFER OF CASES. The chief justice of each
22-14 court of appeals shall cooperate with the chief justice of the
22-15 supreme court in transferring cases between courts of appeals in
22-16 adjacent jurisdictions to equalize the disparity in workloads of
22-17 the courts of appeals.
22-18 SECTION 4.03. Subchapter D, Chapter 22, Government Code, is
22-19 amended to codify Rider 6 following the appropriation to the
22-20 Article IV Special Provisions-Judiciary in the General
22-21 Appropriations Act for the state fiscal biennium ending August 31,
22-22 2001, by adding Section 22.303 to read as follows:
22-23 Sec. 22.303. VOICE OR VIDEO RECORDING. (a) The supreme
22-24 court and the court of criminal appeals shall jointly adopt rules
22-25 authorizing the use of voice or video recording technology,
22-26 including CD-ROM, to make a record of court proceedings.
23-1 (b) Rules adopted under Subsection (a) may not authorize the
23-2 use of voice or video recording technology as a substitute for a
23-3 written transcript.
23-4 ARTICLE 5. RIDERS CONTAINED IN ARTICLE V OF THE
23-5 GENERAL APPROPRIATIONS ACT
23-6 SECTION 5.01. Subchapter B, Chapter 431, Government Code, is
23-7 amended to codify Rider 9 following the appropriation to the
23-8 adjutant general's department in the General Appropriations Act for
23-9 the state fiscal biennium ending August 31, 2001, by adding Section
23-10 431.0301 to read as follows:
23-11 Sec. 431.0301. ROAD CONSTRUCTION AND MAINTENANCE AT CAMP
23-12 MABRY. The Texas Department of Transportation shall construct,
23-13 repair, and maintain roads in Camp Mabry in Austin and roads
23-14 providing access to and from Camp Mabry.
23-15 SECTION 5.02. Subchapter A, Chapter 5, Alcoholic Beverage
23-16 Code, is amended to codify Rider 5 following the appropriation to
23-17 the Alcoholic Beverage Commission in the General Appropriations Act
23-18 for the state fiscal biennium ending August 31, 2001, by adding
23-19 Section 5.19 to read as follows:
23-20 Sec. 5.19. COMMISSION AS STATE POLICE AGENCY. For the
23-21 purposes of application to the federal government for a license,
23-22 permit, or other authorization, including a radio frequency, or for
23-23 law enforcement assistance grants, the commission is a state police
23-24 agency.
23-25 SECTION 5.03. Subchapter A, Chapter 5, Alcoholic Beverage
23-26 Code, is amended to codify Rider 9 following the appropriation to
24-1 the Alcoholic Beverage Commission in the General Appropriations Act
24-2 for the state fiscal biennium ending August 31, 2001, by adding
24-3 Section 5.143 to read as follows:
24-4 Sec. 5.143. TRAINING OF INSPECTORS AND REPRESENTATIVES. The
24-5 commission, as part of the initial and ongoing training of the
24-6 agency's commissioned inspectors and representatives, shall
24-7 emphasize the evidentiary threshold required in the prosecution of
24-8 criminal cases as it applies to minors in possession of alcoholic
24-9 beverages.
24-10 SECTION 5.04. Subchapter A, Chapter 496, Government Code, is
24-11 amended to codify Rider 8 following the appropriation to the Texas
24-12 Department of Criminal Justice in the General Appropriations Act
24-13 for the state fiscal biennium ending August 31, 2001, by adding
24-14 Section 496.008 to read as follows:
24-15 Sec. 496.008. REVIEW OF CONSTRUCTION CHANGE ORDERS. The
24-16 department shall, on review of a change order, develop a procedure
24-17 to determine the cause of the change order and document the cause
24-18 of the change order in the project file. If the department
24-19 determines that the change was caused by the error or omission of a
24-20 contracted party, the department shall hold the party financially
24-21 responsible.
24-22 SECTION 5.05. Chapter 493, Government Code, is amended to
24-23 codify Rider 14 following the appropriation to the Texas Department
24-24 of Criminal Justice in the General Appropriations Act for the state
24-25 fiscal biennium ending August 31, 2001, by adding Section 493.026
24-26 to read as follows:
25-1 Sec. 493.026. PAYROLL DEDUCTIONS. The department shall use
25-2 a payroll deduction program, in circumstances in which a deduction
25-3 is practical, to collect money owed the department by employees for
25-4 meals and other services.
25-5 SECTION 5.06. Subchapter E, Chapter 497, Government Code, is
25-6 amended to codify Rider 18 following the appropriation to the Texas
25-7 Department of Criminal Justice in the General Appropriations Act
25-8 for the state fiscal biennium ending August 31, 2001, by adding
25-9 Section 497.098 to read as follows:
25-10 Sec. 497.098. LABOR FOR PERSONAL SERVICES PROHIBITED.
25-11 Inmate labor may not be used to provide personal services to an
25-12 employee of the department. This section does not apply to the use
25-13 of inmate labor to maintain state property.
25-14 SECTION 5.07. Chapter 493, Government Code, is amended to
25-15 codify Rider 22 following the appropriation to the Texas Department
25-16 of Criminal Justice in the General Appropriations Act for the state
25-17 fiscal biennium ending August 31, 2001, by adding Section 493.0071
25-18 to read as follows:
25-19 Sec. 493.0071. EMPLOYEE CONFLICT OF INTEREST. The
25-20 department may not employ a person who, in the course of the
25-21 person's official duties as a department employee, conducts
25-22 business with an individual or firm in which the person has a
25-23 direct or indirect financial interest.
25-24 SECTION 5.08. Chapter 493, Government Code, is amended to
25-25 codify Rider 23 following the appropriation to the Texas Department
25-26 of Criminal Justice in the General Appropriations Act for the state
26-1 fiscal biennium ending August 31, 2001, by adding Section 493.0075
26-2 to read as follows:
26-3 Sec. 493.0075. DISCIPLINARY AND GRIEVANCE PROCEDURES.
26-4 (a) The board shall maintain disciplinary procedures that allow a
26-5 department employee to designate a person of the employee's choice
26-6 to represent the employee in a hearing held to consider
26-7 disciplinary action against the employee.
26-8 (b) The board shall maintain grievance procedures that:
26-9 (1) attempt to solve problems through a process that
26-10 recognizes the employee's right to bring a grievance under this
26-11 section; and
26-12 (2) recognize an employee's right to independent
26-13 mediation or independent nonbinding arbitration of an
26-14 employer-employee dispute resulting in the employee's termination
26-15 or recommended termination.
26-16 (c) A disciplinary or grievance hearing at which a
26-17 department employee serves as an employee representative must be
26-18 held during normal business hours on a weekday, unless the employer
26-19 and employee agree on a different time. An employee who is the
26-20 subject of a disciplinary or grievance hearing shall attend the
26-21 hearing as a regular duty of employment. An employee
26-22 representative who is a department employee must obtain prior
26-23 approval to use unpaid leave to attend a hearing.
26-24 SECTION 5.09. Chapter 60, Code of Criminal Procedure, is
26-25 amended to codify Rider 35 following the appropriation to the Texas
26-26 Department of Criminal Justice in the General Appropriations Act
27-1 for the state fiscal biennium ending August 31, 2001, by adding
27-2 Article 60.053 to read as follows:
27-3 Art. 60.053. MANAGEMENT OF OFFENDER INFORMATION. The Texas
27-4 Department of Criminal Justice shall automate, to the greatest
27-5 extent feasible, the management of information relating to
27-6 offenders. To accomplish this objective, the Texas Department of
27-7 Criminal Justice may enter into a contract for automation or
27-8 reengineering assistance on receiving approval from the Department
27-9 of Information Resources.
27-10 SECTION 5.10. Subchapter B, Chapter 496, Government Code, is
27-11 amended to codify Rider 39 following the appropriation to the Texas
27-12 Department of Criminal Justice in the General Appropriations Act
27-13 for the state fiscal biennium ending August 31, 2001, by adding
27-14 Section 496.0511 to read as follows:
27-15 Sec. 496.0511. PURCHASE OF SERVICES, INMATE CARE THROUGH
27-16 PROPOSAL PROCESS. (a) The department may purchase treatment
27-17 services, residential services, and inmate care through a request
27-18 for proposal process.
27-19 (b) The department shall:
27-20 (1) negotiate purchases of services and care described
27-21 by Subsection (a) at fair and reasonable prices that do not exceed
27-22 maximums provided by law; and
27-23 (2) select providers on the basis of each provider's
27-24 qualifications and demonstrated competence.
27-25 SECTION 5.11. Subchapter Z, Chapter 51, Education Code, is
27-26 amended to codify Rider 49 following the appropriation to the Texas
28-1 Department of Criminal Justice in the General Appropriations Act
28-2 for the state fiscal biennium ending August 31, 2001, by adding
28-3 Section 51.949 to read as follows:
28-4 Sec. 51.949. INMATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
28-5 An inmate confined in a facility operated by or under a contract
28-6 with the Texas Department of Criminal Justice is classified as a
28-7 resident of this state for educational purposes at an institution
28-8 of higher education.
28-9 SECTION 5.12. Subchapter C, Chapter 501, Government Code, is
28-10 amended to codify Rider 50 following the appropriation to the Texas
28-11 Department of Criminal Justice in the General Appropriations Act
28-12 for the state fiscal biennium ending August 31, 2001, by adding
28-13 Section 501.098 to read as follows:
28-14 Sec. 501.098. AVAILABILITY OF POSTSECONDARY EDUCATIONAL
28-15 COURSE TO INMATE. (a) A postsecondary educational course is
28-16 available only to an inmate who demonstrates:
28-17 (1) a clear and convincing record of rehabilitation
28-18 during the inmate's period of imprisonment;
28-19 (2) an interest in a field of study that would enhance
28-20 the inmate's performance of specified, productive prison tasks
28-21 during that period; and
28-22 (3) an aptitude and ability to undertake a course of
28-23 study at the postsecondary level.
28-24 (b) If released on parole or mandatory supervision, an
28-25 inmate shall reimburse as a condition of parole or mandatory
28-26 supervision the cost of a course of study undertaken by the inmate
29-1 under this section.
29-2 (c) The department may not provide in-cell tutoring for an
29-3 inmate who is confined in administrative segregation.
29-4 SECTION 5.13. Section 419.027, Government Code, is amended
29-5 to codify Rider 4 following the appropriation to the Texas
29-6 Commission on Fire Protection in the General Appropriations Act for
29-7 the state fiscal biennium ending August 31, 2001, to read as
29-8 follows:
29-9 Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
29-10 biennially, the commission shall visit and inspect each institution
29-11 or facility conducting courses for training fire protection
29-12 personnel and recruits, each fire department, and each local
29-13 governmental agency providing fire protection to determine if the
29-14 department, agency, institution, or facility is complying with this
29-15 chapter and commission rules.
29-16 (b) When conducting an inspection of a fire department, the
29-17 commission may not provide prior notice of the inspection to the
29-18 fire department.
29-19 SECTION 5.14. Subchapter A, Chapter 419, Government Code, is
29-20 amended to codify Rider 6 following the appropriation to the Texas
29-21 Commission on Fire Protection in the General Appropriations Act for
29-22 the state fiscal biennium ending August 31, 2001, by adding Section
29-23 419.0092 to read as follows:
29-24 Sec. 419.0092. STANDARDS COMPLIANCE OFFICERS. The
29-25 commission shall appoint one person from the staff of each regional
29-26 office to serve as the standards compliance officer.
30-1 SECTION 5.15. Subchapter C, Chapter 141, Human Resources
30-2 Code, is amended to codify Rider 16 following the appropriation to
30-3 the Texas Juvenile Probation Commission in the General
30-4 Appropriations Act for the state fiscal biennium ending August 31,
30-5 2001, by adding Section 141.04315 to read as follows:
30-6 Sec. 141.04315. TRAINING FOR PLACEMENT UNDER PROGRESSIVE
30-7 SANCTIONS GUIDELINES. The commission shall provide training to
30-8 maximize the appropriate placement of juvenile offenders under the
30-9 progressive sanctions guidelines in Chapter 59, Family Code, to:
30-10 (1) personnel of local juvenile probation departments;
30-11 and
30-12 (2) judges of the juvenile courts.
30-13 SECTION 5.16. Subchapter B, Chapter 1702, Occupations Code,
30-14 is amended to codify Rider 4 following the appropriation to the
30-15 Texas Commission on Private Security, referred to as the Board of
30-16 Private Investigators and Private Security Agencies, in the General
30-17 Appropriations Act for the state fiscal biennium ending August 31,
30-18 2001, by adding Section 1702.0291 to read as follows:
30-19 Sec. 1702.0291. MEETING LOCATION. A commission meeting may
30-20 be held only at a state facility in Austin.
30-21 SECTION 5.17. Subchapter A, Chapter 411, Government Code, is
30-22 amended to codify Rider 3 following the appropriation to the
30-23 Department of Public Safety in the General Appropriations Act for
30-24 the state fiscal biennium ending August 31, 2001, by adding Section
30-25 411.0135 to read as follows:
30-26 Sec. 411.0135. USE OF MOTOR VEHICLE FOR PURPOSE OTHER THAN
31-1 OFFICIAL BUSINESS. The director may not authorize more than 30
31-2 officers or employees of the department to use a state-owned or
31-3 state-leased motor vehicle to commute to and from work under
31-4 Section 2113.013.
31-5 SECTION 5.18. Subchapter A, Chapter 411, Government Code, is
31-6 amended to codify Rider 4 following the appropriation to the
31-7 Department of Public Safety in the General Appropriations Act for
31-8 the state fiscal biennium ending August 31, 2001, by adding Section
31-9 411.0079 to read as follows:
31-10 Sec. 411.0079. RECORD OF SUPERVISORY RESPONSES TO EMERGENCY
31-11 CALLS. (a) The department shall maintain, for each fiscal year, a
31-12 record of the number of emergency calls to which a supervisory
31-13 officer above the rank of lieutenant responded from:
31-14 (1) the officer's private residence; or
31-15 (2) the officer's district headquarters or station.
31-16 (b) The department shall clearly identify the nature of each
31-17 emergency call included in the record.
31-18 SECTION 5.19. Section 411.014, Government Code, is amended
31-19 to codify Rider 20 following the appropriation to the Department of
31-20 Public Safety in the General Appropriations Act for the state
31-21 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
31-22 read as follows:
31-23 (c) The department may allow the Texas Department of Public
31-24 Safety Historical Museum to use department property for a
31-25 historical museum.
31-26 SECTION 5.20. Chapter 750, Transportation Code, is amended
32-1 to codify Rider 22 following the appropriation to the Department of
32-2 Public Safety in the General Appropriations Act for the state
32-3 fiscal biennium ending August 31, 2001, by adding Section 750.001
32-4 to read as follows:
32-5 Sec. 750.001. STRANDED MOTORIST ASSISTANCE. (a) The
32-6 Department of Public Safety is the lead state agency to help
32-7 motorists whose vehicles are disabled on state or federal roads.
32-8 The department shall obtain the cooperation of the Texas Department
32-9 of Transportation and all other relevant state agencies and
32-10 coordinate its efforts with all local law enforcement agencies and
32-11 interested private businesses.
32-12 (b) As part of its duties under this section, the Department
32-13 of Public Safety shall establish and publicize a toll-free number
32-14 and a universal distress signal for motorists who need assistance.
32-15 SECTION 5.21. Section 61.033, Human Resources Code, is
32-16 amended to codify Rider 12 following the appropriation to the Texas
32-17 Youth Commission in the General Appropriations Act for the state
32-18 fiscal biennium ending August 31, 2001, to read as follows:
32-19 Sec. 61.033. ANNUAL [FINANCIAL] REPORT. (a) The commission
32-20 shall prepare annually a complete and detailed written report:
32-21 (1) accounting for all funds received and disbursed by
32-22 the commission during the preceding fiscal year; and
32-23 (2) assessing the effectiveness of providing
32-24 specialized treatment to children, including an assessment of the
32-25 rearrest rates of children who receive specialized treatment.
32-26 (b) The annual report must meet the reporting requirements
33-1 applicable to financial reporting provided in the General
33-2 Appropriations Act.
33-3 ARTICLE 6. RIDERS CONTAINED IN ARTICLE VI OF THE
33-4 GENERAL APPROPRIATIONS ACT
33-5 SECTION 6.01. Section 12.0144, Agriculture Code, is amended
33-6 to codify Rider 5 following the appropriation to the Department of
33-7 Agriculture in the General Appropriations Act for the state fiscal
33-8 biennium ending August 31, 2001, to read as follows:
33-9 Sec. 12.0144. FEE SCHEDULE. (a) The department shall by
33-10 rule adopt a schedule for all fees set by the department under this
33-11 code. Except as provided by Subsection (b) [for those activities
33-12 exempted in the General Appropriations Act], the department shall
33-13 set fees in an amount which offsets, when feasible, all of the
33-14 direct and indirect state costs of administering its regulatory
33-15 activities.
33-16 (b) The cost offset requirement established by Subsection
33-17 (a) does not apply to:
33-18 (1) seed testing;
33-19 (2) quarantine enforcement and education;
33-20 (3) piece rate crop surveying;
33-21 (4) activities conducted under the pest management
33-22 program;
33-23 (5) activities conducted under the Agricultural Hazard
33-24 Communication Act, Chapter 125, Agriculture Code;
33-25 (6) cotton pest eradication activities; and
33-26 (7) activities conducted under the predatory
34-1 management program.
34-2 SECTION 6.02. Section 61.067, Natural Resources Code, is
34-3 amended to codify Rider 12 following the appropriation to the
34-4 General Land Office in the General Appropriations Act for the state
34-5 fiscal biennium ending August 31, 2001, by adding Subsection (f) to
34-6 read as follows:
34-7 (f) The land office may use trusty inmates provided by the
34-8 institutional division of the Texas Department of Criminal Justice
34-9 to clean and maintain public beaches.
34-10 SECTION 6.03. Subchapter D, Chapter 5, Water Code, is
34-11 amended to codify Rider 3 following the appropriation to the Texas
34-12 Natural Resource Conservation Commission in the General
34-13 Appropriations Act for the state fiscal biennium ending August 31,
34-14 2001, by adding Section 5.127 to read as follows:
34-15 Sec. 5.127. AUTHORITY TO CHARTER AIRCRAFT. The commission
34-16 may spend appropriated money to charter aircraft for monitoring
34-17 environmental quality and enforcing state environmental and water
34-18 rights laws.
34-19 SECTION 6.04. Section 5.235, Water Code, is amended to
34-20 codify in part Rider 5 following the appropriation to the Texas
34-21 Natural Resource Conservation Commission in the General
34-22 Appropriations Act for the state fiscal biennium ending August 31,
34-23 2001, by adding Subsection (p) to read as follows:
34-24 (p) A fee charged under Subsection (b) or (c) may not exceed
34-25 $2,000.
34-26 SECTION 6.05. Section 382.062, Health and Safety Code, is
35-1 amended to codify in part Rider 5 following the appropriation to
35-2 the Texas Natural Resource Conservation Commission in the General
35-3 Appropriations Act for the state fiscal biennium ending August 31,
35-4 2001, by amending Subsection (d) to read as follows:
35-5 (d) A fee assessed under this section may not be less than
35-6 $25 or more than $80,000 [$75,000].
35-7 SECTION 6.06. Subchapter B, Chapter 11, Parks and Wildlife
35-8 Code, is amended to codify Rider 13 following the appropriation to
35-9 the Parks and Wildlife Department in the General Appropriations Act
35-10 for the state fiscal biennium ending August 31, 2001, by adding
35-11 Section 11.0202 to read as follows:
35-12 Sec. 11.0202. CLOTHING PROVISION. The department may not
35-13 provide a clothing or cleaning allowance to any nonuniformed
35-14 personnel. The department may provide a cleaning allowance not to
35-15 exceed $500 per year to an employee required to wear a uniform.
35-16 ARTICLE 7. RIDERS CONTAINED IN ARTICLE VII OF THE
35-17 GENERAL APPROPRIATIONS ACT
35-18 SECTION 7.01. Subchapter A, Chapter 481, Government Code, is
35-19 amended to codify Rider 11 following the appropriation to the Texas
35-20 Department of Economic Development in the General Appropriations
35-21 Act for the state fiscal biennium ending August 31, 2001, by adding
35-22 Section 481.0064 to read as follows:
35-23 Sec. 481.0064. DEFENSE INFRASTRUCTURE SUPPORT. (a) The
35-24 department shall prepare annually a plan stating in detail the
35-25 department's intended action to support the defense infrastructure
35-26 of the economy of this state. The plan must contain information
36-1 stating in detail the department's proactive strategy for providing
36-2 support to the defense industry in this state, including:
36-3 (1) the manner in which the strategy will be
36-4 implemented;
36-5 (2) the results to be achieved; and
36-6 (3) the manner in which the results will be measured
36-7 and evaluated.
36-8 (b) The department shall make the plan available to the
36-9 legislature at the beginning of each fiscal year.
36-10 (c) The department shall also prepare a quarterly report
36-11 stating in detail the economic effect of the military and civilian
36-12 defense industry on the economy of this state.
36-13 SECTION 7.02. Subchapter A, Chapter 2306, Government Code,
36-14 is amended to codify Rider 2 following the appropriation to the
36-15 Texas Department of Housing and Community Affairs in the General
36-16 Appropriations Act for the state fiscal biennium ending August 31,
36-17 2001, by adding Section 2306.008 to read as follows:
36-18 Sec. 2306.008. CONTRACT REPORTING REQUIREMENT. (a) A party
36-19 that enters into a contract with the department shall provide a
36-20 full accounting of state money expended under the terms of the
36-21 contract to the director not later than the 90th day after the date
36-22 the contract is concluded or, at the option of the party
36-23 contracting with the department, not later than the 90th day after
36-24 the date of conclusion of that contracting party's fiscal year
36-25 during which the contract was in force.
36-26 (b) All contracts entered into by the department must state
37-1 the reporting requirement provided by Subsection (a).
37-2 (c) The failure of a party contracting with the department
37-3 to provide the full accounting of expended state money as required
37-4 by Subsection (a) is sufficient reason for the department to
37-5 terminate the contract and to deny any future contracts to that
37-6 contracting party.
37-7 SECTION 7.03. Subchapter Z, Chapter 2306, Government Code,
37-8 is amended to codify Rider 4 following the appropriation to the
37-9 Texas Department of Housing and Community Affairs in the General
37-10 Appropriations Act for the state fiscal biennium ending August 31,
37-11 2001, by adding Section 2306.590 to read as follows:
37-12 Sec. 2306.590. COORDINATION WITH TEXAS WATER DEVELOPMENT
37-13 BOARD. The department and the Texas Water Development Board shall
37-14 coordinate funds, as outlined in a memorandum of understanding, to:
37-15 (1) assure that appropriated funds are not:
37-16 (A) expended in a way that encourages the
37-17 proliferation of colonias; or
37-18 (B) used in any other way that is inconsistent
37-19 with the intent of the economically distressed areas program
37-20 operated by the Texas Water Development Board under Subchapter K,
37-21 Chapter 17, Water Code;
37-22 (2) maximize delivery of the funds; and
37-23 (3) minimize administrative delay in the funds'
37-24 expenditure.
37-25 SECTION 7.04. Subchapter A, Chapter 2306, Government Code,
37-26 is amended to codify in part Rider 9 following the appropriation to
38-1 the Texas Department of Housing and Community Affairs in the
38-2 General Appropriations Act for the state fiscal biennium ending
38-3 August 31, 2001, by adding Section 2306.009 to read as follows:
38-4 Sec. 2306.009. SCORING CRITERIA. The department shall
38-5 integrate into any scoring system used to award contracts for the
38-6 construction, acquisition, or rehabilitation of single-family or
38-7 multifamily housing, or contracts for the operation of multifamily
38-8 housing, scoring criteria that reward contract proposals that
38-9 include the provision of comprehensive services to low-income
38-10 residents of this state, including services related to case
38-11 management, homebuyer assistance, and family budgeting.
38-12 SECTION 7.05. Section 2306.358, Government Code, is amended
38-13 to codify in part Rider 9 following the appropriation to the Texas
38-14 Department of Housing and Community Affairs in the General
38-15 Appropriations Act for the state fiscal biennium ending August 31,
38-16 2001, by adding Subsection (i) to read as follows:
38-17 (i) To the extent practicable, the department shall develop
38-18 a sliding scale fee schedule applicable to the issuance of
38-19 qualified 501(c)(3) bonds described by this section to encourage
38-20 increased participation in the bond program by nonprofit entities,
38-21 including community housing development organizations.
38-22 SECTION 7.06. Section 2306.677, Government Code, is amended
38-23 to codify in part Rider 9 following the appropriation to the Texas
38-24 Department of Housing and Community Affairs in the General
38-25 Appropriations Act for the state fiscal biennium ending August 31,
38-26 2001, by amending Subsection (a) and adding Subsection (c) to read
39-1 as follows:
39-2 (a) A fee charged by the department to an applicant for a
39-3 low income housing tax credit may not be excessive and, except as
39-4 provided by Subsection (c), must reflect the department's actual
39-5 costs in processing applications and providing copies of documents
39-6 in connection with the allocation process.
39-7 (c) To the extent practicable, the department shall develop
39-8 a sliding scale fee schedule for applications submitted under this
39-9 subchapter to encourage increased participation in the low income
39-10 housing tax credit program by nonprofit entities, including
39-11 community housing development organizations.
39-12 SECTION 7.07. Subchapter H, Chapter 2306, Government Code,
39-13 is amended to codify Rider 13 following the appropriation to the
39-14 Texas Department of Housing and Community Affairs in the General
39-15 Appropriations Act for the state fiscal biennium ending August 31,
39-16 2001, by adding Section 2306.1801 to read as follows:
39-17 Sec. 2306.1801. MORTGAGE REVENUE BOND PROGRAM FOR FIRST-TIME
39-18 HOMEBUYERS. (a) Through the mortgage revenue bond program for
39-19 first-time homebuyers, the department shall maximize the creation
39-20 of single family housing for individuals and families of very low
39-21 income by setting aside for a period of one year at least 30
39-22 percent of the lendable bond proceeds for individuals and families
39-23 with incomes at or below 60 percent of the area median family
39-24 income.
39-25 (b) The department shall use down payment and closing cost
39-26 assistance or other methods of assistance to facilitate the
40-1 origination of single family mortgage loans to individuals and
40-2 families with incomes at or below 60 percent of the area median
40-3 family income.
40-4 (c) The department shall manage the mortgage revenue bond
40-5 program for first-time homebuyers in a manner that will obtain the
40-6 highest reasonable bond rating.
40-7 SECTION 7.08. Section 201.403, Transportation Code, is
40-8 amended to codify Rider 13 following the appropriation to the Texas
40-9 Department of Transportation in the General Appropriations Act for
40-10 the state fiscal biennium ending August 31, 2001, by adding
40-11 Subsection (e) to read as follows:
40-12 (e) The department shall implement the policy statement
40-13 prepared under Section 201.402(a) to hire qualified minority
40-14 applicants for supervisory or management positions and to promote
40-15 qualified minority employees into supervisory or management
40-16 positions.
40-17 SECTION 7.09. Section 201.108, Transportation Code, is
40-18 amended to codify Rider 20 following the appropriation to the Texas
40-19 Department of Transportation in the General Appropriations Act for
40-20 the state fiscal biennium ending August 31, 2001, by adding
40-21 Subsections (c) and (d) to read as follows:
40-22 (c) In complying with the requirements of Chapter 2102,
40-23 Government Code, the department shall assign at least one internal
40-24 auditor to each district office and to each division in the
40-25 department. An internal auditor assigned under this subsection
40-26 shall report either directly to the commission or to the internal
41-1 auditor appointed under Section 2102.006, Government Code.
41-2 (d) An internal auditor assigned to a district office under
41-3 Subsection (c) may consider suggestions from a district engineer in
41-4 developing a proposal for the department's annual audit plan.
41-5 SECTION 7.10. Subchapter B, Chapter 223, Transportation
41-6 Code, is amended to codify Rider 21 following the appropriation to
41-7 the Texas Department of Transportation in the General
41-8 Appropriations Act for the state fiscal biennium ending August 31,
41-9 2001, by adding Section 223.049 to read as follows:
41-10 Sec. 223.049. MINIMUM WAGE REQUIREMENT FOR CONSTRUCTION OR
41-11 MAINTENANCE CONTRACTS. In a contract for construction or
41-12 maintenance work made with the private sector, the department shall
41-13 require a contractor and a subcontractor to pay all employees and
41-14 contract labor not less than the federal minimum wage rate. The
41-15 department shall withhold payments to the contractor until the
41-16 contractual obligations to pay employees and contract labor have
41-17 been fulfilled.
41-18 SECTION 7.11. Subchapter H, Chapter 201, Transportation
41-19 Code, is amended to codify Rider 32 following the appropriation to
41-20 the Texas Department of Transportation in the General
41-21 Appropriations Act for the state fiscal biennium ending August 31,
41-22 2001, by adding Section 201.6091 to read as follows:
41-23 Sec. 201.6091. PROJECT STATUS. (a) Before January 1 of
41-24 each year, the department shall provide each member of the
41-25 legislature, unless the member requests it not be provided, a
41-26 status report of all highway construction projects, by legislative
42-1 district, under contract or awaiting funding at the time of the
42-2 report, including projects that would be funded fully or partially
42-3 by state, federal, or toll funds.
42-4 (b) Not later than the 91st day before the date the
42-5 department grants any loan for any project in a legislative
42-6 district, the department shall notify all legislative members of
42-7 the legislative district about the status of the project and how
42-8 other projects in any legislative district would be affected.
42-9 SECTION 7.12. Subsection (b), Section 22.055, Transportation
42-10 Code, is amended to codify in part Rider 33 following the
42-11 appropriation to the Texas Department of Transportation in the
42-12 General Appropriations Act for the state fiscal biennium ending
42-13 August 31, 2001, to read as follows:
42-14 (b) A local government may designate the Texas Department of
42-15 Transportation as its agent to accept, give a receipt for, and
42-16 disburse money from grants and loans for any of the purposes of
42-17 this chapter. The department shall accept and shall transfer or
42-18 spend federal money accepted under this section on the terms
42-19 prescribed by the United States. The department shall deposit
42-20 money it receives under this subsection in the state treasury and
42-21 shall hold the money in trust to be used for those purposes for
42-22 which the money is made available. Unless[, unless] the agency
42-23 from which the money is received prescribes otherwise, the
42-24 department shall keep the money in separate funds designated
42-25 according to the purposes for which the money is made available,
42-26 including a fund designated for the purpose of reimbursing the
43-1 state highway fund for expenditures made for projects for which
43-2 federal money is made available[, and the state shall hold the
43-3 money in trust for those purposes].
43-4 SECTION 7.13. Section 222.052, Transportation Code, is
43-5 amended to codify in part Rider 33 following the appropriation to
43-6 the Texas Department of Transportation in the General
43-7 Appropriations Act for the state fiscal biennium ending August 31,
43-8 2001, by adding Subsection (d) to read as follows:
43-9 (d) The department shall hold in trust contributions made
43-10 under this section for the purpose of reimbursing the state highway
43-11 fund for expenditures made by the commission under Subsection (a)
43-12 for roads and highways in the political subdivisions that
43-13 contribute to the account.
43-14 SECTION 7.14. Section 201.608, Transportation Code, is
43-15 amended to codify Rider 48 following the appropriation to the Texas
43-16 Department of Transportation in the General Appropriations Act for
43-17 the state fiscal biennium ending August 31, 2001, by adding
43-18 Subsection (d) to read as follows:
43-19 (d) The department annually shall review its proposed road
43-20 and maintenance projects to determine whether the projects are
43-21 adequate to allow for the projected effect of overweight trucks on
43-22 state highways resulting from international trade.
43-23 SECTION 7.15. Subchapter A, Chapter 302, Labor Code, is
43-24 amended to codify Rider 13 following the appropriation to the Texas
43-25 Workforce Commission in the General Appropriations Act for the
43-26 state fiscal biennium ending August 31, 2001, by adding Section
44-1 302.0042 to read as follows:
44-2 Sec. 302.0042. DONATED PURCHASE AGREEMENTS. The commission
44-3 shall use donated purchase agreements and other funding mechanisms,
44-4 to the extent permitted by federal law, to:
44-5 (1) maximize the availability of state matching funds
44-6 for federal child care funds; and
44-7 (2) encourage local child care planning and matching
44-8 funds participation.
44-9 SECTION 7.16. Subchapter A, Chapter 302, Labor Code, is
44-10 amended to codify Rider 14 following the appropriation to the Texas
44-11 Workforce Commission in the General Appropriations Act for the
44-12 state fiscal biennium ending August 31, 2001, by adding Section
44-13 302.0041 to read as follows:
44-14 Sec. 302.0041. MAXIMIZING FEDERAL CHILD CARE FUNDS.
44-15 (a) The commission shall cooperate with municipalities, nonprofit
44-16 organizations, the Texas Education Agency, and school districts to
44-17 obtain local matching funds necessary to maximize federal funds for
44-18 child care.
44-19 (b) The commission may implement necessary system and
44-20 accounting system changes as needed to implement this section.
44-21 SECTION 7.17. Subchapter A, Chapter 302, Labor Code, is
44-22 amended to codify Rider 23 following the appropriation to the Texas
44-23 Workforce Commission in the General Appropriations Act for the
44-24 state fiscal biennium ending August 31, 2001, by adding Section
44-25 302.009 to read as follows:
44-26 Sec. 302.009. EMPLOYMENT AND CHILD CARE PROGRAMS IN RURAL
45-1 AREAS. The commission and local workforce boards shall expand the
45-2 availability of employment and child care programs to rural areas
45-3 to the extent the expansion is determined to be cost effective.
45-4 SECTION 7.18. Subchapter G, Chapter 2308, Government Code,
45-5 is amended to codify Rider 27 following the appropriation to the
45-6 Texas Workforce Commission in the General Appropriations Act for
45-7 the state fiscal biennium ending August 31, 2001, by adding Section
45-8 2308.317 to read as follows:
45-9 Sec. 2308.317. HIGHER EDUCATION FOR RECIPIENT OF CHILD CARE
45-10 BENEFITS. (a) A person receiving child care assistance benefits
45-11 who is at least 17 years of age and holds a high school diploma, or
45-12 other diploma or certificate issued on the basis of the successful
45-13 performance on a high school equivalence examination, continues to
45-14 be eligible for child care assistance benefits while the person is
45-15 enrolled in an educational program for an associate's degree.
45-16 (b) A person is eligible for benefits under Subsection (a)
45-17 for a period not to exceed four years as long as the person
45-18 continues to be enrolled in an educational program that will
45-19 prepare the person for employment in a high demand occupation with
45-20 an upward career path as determined by the board.
45-21 (c) The board may determine the eligibility of a person
45-22 under this section based on the person's progress towards
45-23 completion of the educational program.
45-24 SECTION 7.19. Subchapter A, Chapter 302, Labor Code, is
45-25 amended to codify Rider 29 following the appropriation to the Texas
45-26 Workforce Commission in the General Appropriations Act for the
46-1 state fiscal biennium ending August 31, 2001, by adding Section
46-2 302.010 to read as follows:
46-3 Sec. 302.010. OPERATION OF CERTAIN JOB TRAINING PROGRAMS;
46-4 OBJECTIVE. The primary objective of job training programs that
46-5 offer employment assistance, training services, volunteer
46-6 resources, needs assessment, and skills enhancement to individual
46-7 clients through a locally-based network of career development
46-8 centers is to teach job skills adequate for employment in the
46-9 community. While a job training program may contain instruction in
46-10 English as a second language, a program of instruction in English
46-11 as a second language may not substitute for a job training program.
46-12 SECTION 7.20. Subchapter A, Chapter 31, Human Resources
46-13 Code, is amended to codify Rider 33 following the appropriation to
46-14 the Texas Workforce Commission in the General Appropriations Act
46-15 for the state fiscal biennium ending August 31, 2001, by adding
46-16 Section 31.0128 to read as follows:
46-17 Sec. 31.0128. REGISTRATION REQUIREMENT FOR DETERMINATION OF
46-18 ELIGIBILITY. If the department, the Texas Workforce Commission, or
46-19 both the department and the Texas Workforce Commission require an
46-20 applicant for Temporary Assistance for Needy Families to register
46-21 with the commission before the department determines the
46-22 applicant's eligibility for assistance, the applicant's
46-23 registration and orientation must take place at an office at which
46-24 the department determines an applicant's eligibility for
46-25 assistance.
47-1 ARTICLE 8. RIDERS CONTAINED IN ARTICLE VIII OF THE
47-2 GENERAL APPROPRIATIONS ACT
47-3 SECTION 8.01. Subchapter B, Chapter 2003, Government Code,
47-4 is amended to codify Rider 2 following the appropriation to the
47-5 State Office of Administrative Hearings in the General
47-6 Appropriations Act for the state fiscal biennium ending August 31,
47-7 2001, by adding Section 2003.025 to read as follows:
47-8 Sec. 2003.025. INTERAGENCY CONTRACTS; LIMIT ON TOTAL AMOUNT
47-9 BILLED. The office shall establish procedures under which a state
47-10 agency may establish a limit, in an interagency contract that the
47-11 agency executes with the office, on the aggregate billable amount
47-12 for a fiscal year.
47-13 SECTION 8.02. Section 1601.154, Occupations Code, is amended
47-14 to codify Rider 1 following the appropriation to the State Board of
47-15 Barber Examiners in the General Appropriations Act for the state
47-16 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
47-17 read as follows:
47-18 (c) The board may not spend money appropriated for
47-19 inspections unless the board has entered into an interagency
47-20 contract with the Texas Cosmetology Commission to maintain a
47-21 statewide crossover inspection and enforcement program. The board
47-22 shall send a copy of the signed contract to the Legislative Budget
47-23 Board, the Governor's Office of Budget and Planning, and the
47-24 comptroller.
47-25 SECTION 8.03. Subchapter D, Chapter 1602, Occupations Code,
47-26 is amended to codify Rider 1 following the appropriation to the
48-1 Texas Cosmetology Commission in the General Appropriations Act for
48-2 the state fiscal biennium ending August 31, 2001, by adding Section
48-3 1602.1545 to read as follows:
48-4 Sec. 1602.1545. INTERAGENCY CONTRACT FOR INSPECTION AND
48-5 ENFORCEMENT. The commission may not spend money appropriated for
48-6 inspections unless the commission has entered into an interagency
48-7 contract with the State Board of Barber Examiners to maintain a
48-8 statewide crossover inspection and enforcement program. The
48-9 commission shall send a copy of the signed contract to the
48-10 Legislative Budget Board, the Governor's Office of Budget and
48-11 Planning, and the comptroller.
48-12 SECTION 8.04. Subchapter D, Chapter 1602, Occupations Code,
48-13 is amended to codify Rider 5 following the appropriation to the
48-14 Texas Cosmetology Commission in the General Appropriations Act for
48-15 the state fiscal biennium ending August 31, 2001, by adding Section
48-16 1602.156 to read as follows:
48-17 Sec. 1602.156. PERSON RESPONSIBLE FOR INSPECTIONS. If the
48-18 commission divides the state into districts for the purpose of
48-19 inspecting schools of cosmetology, the inspector assigned to the
48-20 district in which a school is located shall inspect the school. If
48-21 a school is located in a district to which an inspector has not
48-22 been assigned, the commission's director of enforcement may inspect
48-23 the school.
48-24 SECTION 8.05. Section 1602.151, Occupations Code, is amended
48-25 to codify Rider 7 following the appropriation to the Texas
48-26 Cosmetology Commission in the General Appropriations Act for the
49-1 state fiscal biennium ending August 31, 2001, by adding Subsection
49-2 (c) to read as follows:
49-3 (c) The commission shall adopt written policies and
49-4 procedures relating to overnight travel.
49-5 SECTION 8.06. Subchapter D, Chapter 51, Occupations Code, is
49-6 amended to codify Rider 10 following the appropriation to the Texas
49-7 Department of Licensing and Regulation in the General
49-8 Appropriations Act for the state fiscal biennium ending August 31,
49-9 2001, by adding Section 51.207 to read as follows:
49-10 Sec. 51.207. ELECTRONIC EXAMINATIONS. The department shall:
49-11 (1) identify programs regulated by the department for
49-12 which the required examinations could be offered in an electronic
49-13 medium; and
49-14 (2) develop and implement electronic examinations for
49-15 those programs.
49-16 ARTICLE 9. GENERAL PROVISIONS; EFFECTIVE DATE
49-17 SECTION 9.01. (a) This Act is enacted as part of the
49-18 state's continuing statutory revision program under Chapter 323,
49-19 Government Code. This Act is a revision for purposes of Section
49-20 43, Article III, Texas Constitution, and has the purpose of
49-21 codifying without substantive change various provisions of Chapter
49-22 1589, Acts of the 76th Legislature, Regular Session, 1999 (the
49-23 General Appropriations Act).
49-24 (b) If any provision of this Act conflicts with another
49-25 statute enacted by the 77th Legislature, Regular Session, 2001, the
49-26 other statute controls.
50-1 SECTION 9.02. This Act takes effect August 31, 2001.