By Ellis S.B. No. 1090
77R7356 JRD-D
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. Subchapter B, Chapter 402, Government Code, is
1-8 amended to codify Rider 10 following the appropriation to the
1-9 office of the attorney general in the General Appropriations Act
1-10 for the state fiscal biennium ending August 31, 2001, by adding
1-11 Section 402.030 to read as follows:
1-12 Sec. 402.030. DECISION TO INITIATE LITIGATION OR SETTLE
1-13 MATTER REFERRED BY STATE AGENCY. (a) In making a decision about
1-14 whether to initiate litigation or make a settlement in a matter
1-15 referred by a state agency, the attorney general shall follow the
1-16 written recommendation of the executive director of that agency or
1-17 a person designated by the executive director to make the
1-18 recommendation, unless the attorney general determines that good
1-19 cause exists to disregard the recommendation.
1-20 (b) If the attorney general determines that good cause
1-21 exists to disregard the recommendation, the attorney general shall
1-22 provide the state agency with a written explanation of the reasons
1-23 for the determination.
1-24 SECTION 1.02. Section 815.206, Government Code, is amended
2-1 to codify Rider 2 following the appropriation to the Employees
2-2 Retirement System of Texas in the General Appropriations Act for
2-3 the state fiscal biennium ending August 31, 2001, by adding
2-4 Subsection (f) to read as follows:
2-5 (f) In addition to the other requirements of this section,
2-6 the board of trustees shall contract with an actuary to perform a
2-7 limited actuarial valuation of the assets and liabilities of the
2-8 retirement system not later than February 28 of each odd-numbered
2-9 year to determine the effect of investment, salary, and payroll
2-10 experience on:
2-11 (1) the unfunded actuarial liabilities of the
2-12 retirement system;
2-13 (2) the amortization period for the unfunded actuarial
2-14 liabilities of the retirement system; and
2-15 (3) the state contribution rate that would result in a
2-16 30-year amortization period of the retirement system.
2-17 SECTION 1.03. Subchapter B, Chapter 2205, Government Code, is
2-18 amended to codify Rider 7 following the appropriations to the
2-19 General Services Commission in the General Appropriations Act for
2-20 the state fiscal biennium ending August 31, 2001, by adding Section
2-21 2205.0345 to read as follows:
2-22 Sec. 2205.0345. MAINTENANCE OF FACILITIES AND OTHER REAL
2-23 PROPERTY. The General Services Commission shall maintain real
2-24 property, including facilities, owned by this state and used by the
2-25 board.
2-26 SECTION 1.04. Subchapter B, Chapter 2165, Government Code, is
2-27 amended to codify Rider 11 following the appropriation to the
3-1 General Services Commission in the General Appropriations Act for
3-2 the state fiscal biennium ending August 31, 2001, by adding Section
3-3 2165.057 to read as follows:
3-4 Sec. 2165.057. NOTICE TO LEGISLATOR. Before the commission
3-5 relocates a state office, executes a lease contract for a state
3-6 office, or changes a policy that affects office location in a state
3-7 legislative district, the commission shall notify each member of
3-8 the legislature who represents the district.
3-9 SECTION 1.05. Subchapter L, Chapter 481, Government Code, is
3-10 amended to codify Riders 7, 6, 8, 29, and 9 following,
3-11 respectively, the appropriations to the Parks and Wildlife
3-12 Department, the Texas Commission on the Arts, the Texas Department
3-13 of Economic Development, the Texas Department of Transportation,
3-14 and the Texas Historical Commission in the General Appropriations
3-15 Act for the state fiscal biennium ending August 31, 2001, by adding
3-16 Section 481.175 to read as follows:
3-17 Sec. 481.175. COORDINATION WITH OTHER STATE AGENCIES;
3-18 MEMORANDUM OF UNDERSTANDING. (a) The department, the Parks and
3-19 Wildlife Department, the Texas Commission on the Arts, the Texas
3-20 Department of Transportation, and the Texas Historical Commission
3-21 shall coordinate with each other on all matters, including
3-22 spending, relating to the promotion of tourism and travel.
3-23 (b) The agencies listed in Subsection (a) shall enter into
3-24 a memorandum of understanding that:
3-25 (1) details the specific travel and tourism objectives
3-26 and responsibilities of each agency; and
3-27 (2) continues to provide coordination among the
4-1 agencies in the promotion of tourism and travel.
4-2 SECTION 1.06. Section 442.005, Government Code, is amended to
4-3 codify Rider 11 following the appropriation to the Texas Historical
4-4 Commission in the General Appropriations Act for the state fiscal
4-5 biennium ending August 31, 2001, by adding Subsection (v) to read
4-6 as follows:
4-7 (v) The commission shall cooperate with the General Services
4-8 Commission for any bidding or contracting related to the
4-9 construction of capital improvements on buildings owned or
4-10 maintained by the commission.
4-11 SECTION 1.07. Chapter 443, Government Code, is amended to
4-12 codify Rider 2 following the appropriation to the State
4-13 Preservation Board in the General Appropriations Act for the state
4-14 fiscal biennium ending August 31, 2001, by adding Section 443.0153
4-15 to read as follows:
4-16 Sec. 443.0153. PAVED SURFACES ON CAPITOL GROUNDS. The Texas
4-17 Department of Transportation shall maintain paved surfaces on the
4-18 Capitol grounds according to the long-range master plan approved
4-19 under Section 443.007.
4-20 ARTICLE 2. RIDERS CONTAINED IN ARTICLE II OF THE
4-21 GENERAL APPROPRIATIONS ACT
4-22 SECTION 2.01. Chapter 461, Health and Safety Code, is
4-23 amended to codify Rider 4 following the appropriation to the Texas
4-24 Commission on Alcohol and Drug Abuse in the General Appropriations
4-25 Act for the state fiscal biennium ending August 31, 2001, by adding
4-26 Section 461.019 to read as follows:
4-27 Sec. 461.019. AGREEMENTS WITH AUTHORITIES REPRESENTING
5-1 NATIVE AMERICAN POPULATIONS. The commission shall enter into
5-2 agreements with Native American population authorities for the
5-3 provision of programs to provide chemical dependency prevention,
5-4 intervention, and treatment services for Native American
5-5 populations.
5-6 SECTION 2.02. Section 461.0124(d), Health and Safety Code,
5-7 is amended to codify Rider 5 following the appropriation to the
5-8 Texas Commission on Alcohol and Drug Abuse in the General
5-9 Appropriations Act for the state fiscal biennium ending August 31,
5-10 2001, to read as follows:
5-11 (d) The plan must provide a priority for obtaining treatment
5-12 services for individuals in need of treatment who are:
5-13 (1) parents of a child in foster care;
5-14 (2) not adults and who are at risk of using or
5-15 abusing, are using or abusing, or have abused alcohol or a
5-16 controlled substance, including youth who are in the juvenile
5-17 justice system or have been referred by that system;
5-18 (3) at risk of being infected with the human
5-19 immunodeficiency virus or are infected with the human
5-20 immunodeficiency virus because of substance abuse;
5-21 (4) in the criminal justice system or have been in the
5-22 criminal justice system;
5-23 (5) at risk of institutionalization in or receive
5-24 services from a mental health facility;
5-25 (6) not adults and who are at risk of selling
5-26 controlled substances;
5-27 (7) women who are at an age when women can usually
6-1 have children; and
6-2 (8) indigent veterans who received honorable
6-3 discharges.
6-4 SECTION 2.03. Chapter 461, Health and Safety Code, is amended
6-5 to codify Rider 7 following the appropriation to the Texas
6-6 Commission on Alcohol and Drug Abuse in the General Appropriations
6-7 Act for the state fiscal biennium ending August 31, 2001, by adding
6-8 Section 461.01245 to read as follows:
6-9 Sec. 461.01245. COORDINATION OF SUPPORT SERVICES. (a) The
6-10 treatment plan for each client of the commission must contain
6-11 complete and appropriate medical, educational, and vocational
6-12 objectives to meet the client's needs.
6-13 (b) The commission shall:
6-14 (1) enter into formal agreements with other health and
6-15 human services agencies to facilitate for its clients referrals to
6-16 and access to needed ancillary services as a client's treatment
6-17 plan may provide;
6-18 (2) provide technical aids and assistance as necessary
6-19 to ensure that its clients are provided or referred to appropriate
6-20 services;
6-21 (3) monitor its contractors to measure their
6-22 performance in providing to its clients, or referring its clients
6-23 to, appropriate services; and
6-24 (4) evaluate the effects supportive services may have
6-25 in successfully achieving treatment objectives for its clients.
6-26 SECTION 2.04. Chapter 461, Health and Safety Code, is
6-27 amended to codify Rider 10 following the appropriation to the Texas
7-1 Commission on Alcohol and Drug Abuse in the General Appropriations
7-2 Act for the state fiscal biennium ending August 31, 2001, by adding
7-3 Section 461.01255 to read as follows:
7-4 Sec. 461.01255. HIV SERVICES CONTRACTING. (a) In this
7-5 section, "HIV" means human immunodeficiency virus.
7-6 (b) The contracting for HIV services by the commission shall
7-7 be as comprehensive as the contracting for those services by the
7-8 Texas Department of Health and shall include:
7-9 (1) definitions of health and support services to be
7-10 provided;
7-11 (2) licensing requirements for facilities and other
7-12 service providers;
7-13 (3) budgets, financial status reports, and standards
7-14 for financial reports;
7-15 (4) performance measures and standards;
7-16 (5) fee schedules, when applicable; and
7-17 (6) restrictions or limitations on the use of contract
7-18 funds.
7-19 SECTION 2.05. Chapter 74, Human Resources Code, is amended to
7-20 codify Rider 5 following the appropriation to the Children's Trust
7-21 Fund of Texas Council in the General Appropriations Act for the
7-22 state fiscal biennium ending August 31, 2001, by adding Section
7-23 74.0034 to read as follows:
7-24 Sec. 74.0034. CONTRACTS. (a) The council shall notify the
7-25 governor's office of a proposed contract to which the council is a
7-26 party at least 30 days before the proposed effective date of the
7-27 contract.
8-1 (b) The governor's office may disapprove the proposed
8-2 contract by informing the council of the disapproval not later than
8-3 the 30th day after the date the governor's office receives
8-4 notification of the proposed contract.
8-5 (c) The council may not spend money appropriated to the
8-6 council on a contract disapproved by the governor's office.
8-7 (d) The council may proceed with a proposed contract if the
8-8 governor's office does not inform the council that the contract has
8-9 been disapproved within the period prescribed by Subsection (b).
8-10 (e) The council may not contract:
8-11 (1) with any person required to register with the
8-12 Texas Ethics Commission under Chapter 305, Government Code; or
8-13 (2) for the purpose of obtaining services relating to
8-14 legislative monitoring, bill tracking, or any other aspect of the
8-15 legislature.
8-16 SECTION 2.06. Subchapter B, Chapter 32, Human Resources Code,
8-17 is amended to codify Rider 28 following the appropriation to the
8-18 Texas Department of Health in the General Appropriations Act for
8-19 the state fiscal biennium ending August 31, 2001, by adding Section
8-20 32.0284 to read as follows:
8-21 Sec. 32.0284. PAYMENTS TO RURAL HOSPITALS UNDER MEDICAID
8-22 MANAGED CARE. (a) This section applies to payments made from funds
8-23 appropriated for acute care services to a rural hospital:
8-24 (1) located in a county with a population of less than
8-25 50,000;
8-26 (2) that has not more than 100 licensed beds; and
8-27 (3) is a party to a Medicaid managed care contract
9-1 entered into or renewed on or after September 1, 1997.
9-2 (b) The department shall compute the reimbursement rate for
9-3 a payment described by Subsection (a) using the higher of the
9-4 prospective payment system rate or the cost reimbursement
9-5 methodology authorized under the Tax Equity and Fiscal
9-6 Responsibility Act of 1982 (TEFRA).
9-7 (c) If the department uses the TEFRA method, the department
9-8 may not impose the TEFRA cap.
9-9 (d) The participating managed care organization shall
9-10 reimburse the hospital under a full-risk managed care pilot
9-11 project.
9-12 SECTION 2.07. Subchapter B, Chapter 32, Human Resources Code,
9-13 is amended to codify Rider 29 following the appropriation to the
9-14 Texas Department of Health in the General Appropriations Act for
9-15 the state fiscal biennium ending August 31, 2001, by adding Section
9-16 32.0283 to read as follows:
9-17 Sec. 32.0283. PAYMENTS TO RURAL PHYSICIANS UNDER MEDICAID
9-18 MANAGED CARE. (a) This section applies to a physician who:
9-19 (1) practices in a county with a population of less
9-20 than 50,000; and
9-21 (2) is a party to a Medicaid managed care contract
9-22 entered into or renewed on or after September 1, 1997.
9-23 (b) Except as provided by Subsection (c), the department
9-24 shall reimburse a physician described by Subsection (a) at the rate
9-25 specified by the medical assistance fee schedule.
9-26 (c) If the physician is participating in a health care
9-27 delivery system that uses a full-risk managed care model, the
10-1 department shall reimburse the physician at the rate specified by
10-2 the medical assistance fee schedule, including negotiated fee for
10-3 service. If the physician is a primary care physician
10-4 participating in a health care delivery system that uses a primary
10-5 care case management system model, the department shall also pay
10-6 the physician a monthly case management fee.
10-7 SECTION 2.08. Subchapter B, Chapter 531, Government Code, is
10-8 amended to codify Rider 7 following the appropriation to the Health
10-9 and Human Services Commission in the General Appropriations Act for
10-10 the state fiscal biennium ending August 31, 2001, by adding Section
10-11 531.0392 to read as follows:
10-12 Sec. 531.0392. SUPPORT FOR COMMUNITY RESOURCE COORDINATION
10-13 GROUPS. The commission may enter into interagency contracts with
10-14 health and human services agencies, the Texas Youth Commission, and
10-15 the Texas Education Agency to support the operations of community
10-16 resource coordination groups, as defined by Section 242.801, Health
10-17 and Safety Code.
10-18 SECTION 2.09. Section 32.021, Human Resources Code, is
10-19 amended to codify Rider 7e following the appropriation to the Texas
10-20 Department of Human Services in the General Appropriations Act for
10-21 the state fiscal biennium ending August 31, 2001, by adding
10-22 Subsection (p) to read as follows:
10-23 (p) The department shall encourage competition among nursing
10-24 facilities with which the department contracts.
10-25 SECTION 2.10. Subchapter D, Chapter 533, Health and Safety
10-26 Code, is amended to codify Rider 24 following the appropriation to
10-27 the Texas Department of Mental Health and Mental Retardation in the
11-1 General Appropriations Act for the state fiscal biennium ending
11-2 August 31, 2001, by adding Section 533.0845 to read as follows:
11-3 Sec. 533.0845. DISPOSITION OF SURPLUS PERSONAL PROPERTY. (a)
11-4 To conserve appropriated money, the department may transfer surplus
11-5 personal property from one facility to another with or without
11-6 reimbursement. The department may transfer surplus personal
11-7 property to a community mental health and mental retardation center
11-8 with or without reimbursement. The department may sell or transfer
11-9 surplus personal property belonging to a department facility.
11-10 (b) The procedure provided by Chapter 2175, Government Code,
11-11 applies to a sale or transfer under this section.
11-12 (c) Notwithstanding Chapter 771, Government Code, the
11-13 department may make a sale or transfer under this section without a
11-14 contract.
11-15 SECTION 2.11. Subchapter B, Chapter 591, Health and Safety
11-16 Code, is amended to codify Rider 32 following the appropriation to
11-17 the Texas Department of Mental Health and Mental Retardation in the
11-18 General Appropriations Act for the state fiscal biennium ending
11-19 August 31, 2001, by adding Section 591.014 to read as follows:
11-20 Sec. 591.014. INFORMATION REGARDING CHOICE OF PROVIDERS OF
11-21 RESIDENTIAL SERVICES. To ensure that individuals seeking
11-22 residential services for a person with mental retardation have a
11-23 choice among available providers, the department shall inform
11-24 individuals seeking those residential services of all the available
11-25 services options, including large and small congregate living
11-26 arrangements and Medicaid services available under a federal
11-27 waiver.
12-1 ARTICLE 3. RIDERS CONTAINED IN ARTICLE III OF
12-2 THE GENERAL APPROPRIATIONS ACT
12-3 SECTION 3.01. Section 8.102, Education Code, is amended to
12-4 codify Rider 4 following the appropriation to the Texas Education
12-5 Agency in the General Appropriations Act for the state fiscal
12-6 biennium ending August 31, 2001, to read as follows:
12-7 Sec. 8.102. DATA REPORTING. (a) Each regional education
12-8 service center shall report audited or budgeted financial
12-9 information and any other information requested by the commissioner
12-10 for use in assessing the performance of the center. The
12-11 commissioner shall develop a uniform system for regional education
12-12 service centers to report audited financial data, to report
12-13 information on the indicators adopted under Section 8.101, and to
12-14 provide information on client satisfaction with services provided
12-15 under Subchapter B.
12-16 (b) The commissioner shall report information obtained under
12-17 Subsection (a) to the State Board of Education for transmittal to
12-18 the Legislative Budget Board and the Governor's Office of Budget
12-19 and Planning, accompanied by any recommendations relating to the
12-20 performance of regional education service centers.
12-21 SECTION 3.02. Section 30.003, Education Code, is amended to
12-22 codify Rider 27 following the appropriation to the Texas Education
12-23 Agency in the General Appropriations Act for the state fiscal
12-24 biennium ending August 31, 2001, by amending Subsections (d) and
12-25 (g) to read as follows:
12-26 (d) Each school district and state institution shall provide
12-27 to the commissioner the necessary information to determine the
13-1 district's share under this section. The information must be
13-2 reported to the commissioner on or before a date set by rule of the
13-3 State Board of Education. After determining the amount of a
13-4 district's share for all students for which the district is
13-5 responsible, the commissioner shall deduct that amount from the
13-6 payments of foundation school funds payable to the district. Each
13-7 deduction shall be in the same percentage of the total amount of
13-8 the district's share as the percentage of the total foundation
13-9 school fund entitlement being paid to the district at the time of
13-10 the deduction, except that the amount of any deduction may be
13-11 modified to make necessary adjustments or to correct errors. The
13-12 commissioner shall provide for remitting the amount deducted to the
13-13 appropriate school at the same time at which the remaining funds
13-14 are distributed to the district. If a district does not receive
13-15 foundation school funds or if a district's foundation school
13-16 entitlement is less than the amount of the district's share under
13-17 this section, the commissioner shall direct the district to remit
13-18 payment to the commissioner, and the commissioner shall remit the
13-19 district's share to the appropriate school. A school district that
13-20 is required to take action under Chapter 41 to reduce its wealth
13-21 per student to the equalized wealth level whose students are
13-22 enrolled in the Texas School for the Blind and Visually Impaired or
13-23 the Texas School for the Deaf shall remit the payment to the
13-24 commissioner not later than the 60th day after the date the school
13-25 district receives a voucher from the Texas School for the Blind and
13-26 Visually Impaired or the Texas School for the Deaf.
13-27 (g) The State Board of Education:
14-1 (1) shall adopt rules to ensure that each school
14-2 district that has a student enrolled in the Texas School for the
14-3 Blind and Visually Impaired or the Texas School for the Deaf share
14-4 in the cost of the student's education as required by Subsection
14-5 (a); and
14-6 (2) may adopt other rules as necessary to implement
14-7 this section.
14-8 SECTION 3.03. Section 39.073, Education Code, is amended to
14-9 codify Rider 28 following the appropriation to the Texas Education
14-10 Agency in the General Appropriations Act for the state fiscal
14-11 biennium ending August 31, 2001, by adding Subsection (f) to read
14-12 as follows:
14-13 (f) When the agency notifies a school district that the
14-14 district's accreditation status has been changed, the agency shall
14-15 also notify each state senator and state representative who
14-16 represents a legislative district that includes territory that is
14-17 within the school district.
14-18 SECTION 3.04. Subchapter E, Chapter 29, Education Code, is
14-19 amended to codify Rider 48 following the appropriation to the Texas
14-20 Education Agency in the General Appropriations Act for the state
14-21 fiscal biennium ending August 31, 2001, by adding Section 29.158 to
14-22 read as follows:
14-23 Sec. 29.158. INTERAGENCY INITIATIVES ON EARLY CHILDHOOD
14-24 EDUCATION AND CARE. The agency shall participate to the extent
14-25 practical in interagency initiatives relating to coordination and
14-26 funding of early childhood education and care, including
14-27 initiatives relating to the federal Head Start program.
15-1 SECTION 3.05. Subchapter C, Chapter 29, Education Code, is
15-2 amended to codify Rider 49 following the appropriation to the Texas
15-3 Education Agency in the General Appropriations Act for the state
15-4 fiscal biennium ending August 31, 2001, by adding Section 29.087 to
15-5 read as follows:
15-6 Sec. 29.087. PROGRAMS FOR PARENTS OF AT-RISK STUDENTS. (a)
15-7 The agency shall encourage parents of students at risk of dropping
15-8 out of school as defined by Section 29.081 to participate in
15-9 parenting programs, including:
15-10 (1) home instructional programs for preschool
15-11 children;
15-12 (2) programs for parents as teachers;
15-13 (3) parenting programs offered by the Texas
15-14 Agricultural Extension Service; and
15-15 (4) other parenting programs available in parents'
15-16 communities.
15-17 (b) The agency shall use money appropriated for providing
15-18 academic counseling and support service programs to accomplish the
15-19 purposes of Subsection (a).
15-20 SECTION 3.06. Section 31.104, Education Code, is amended to
15-21 codify Rider 54 following the appropriation to the Texas Education
15-22 Agency in the General Appropriations Act for the state fiscal
15-23 biennium ending August 31, 2001, by adding Subsection (e) to read
15-24 as follows:
15-25 (e) The agency shall assist each school district to ensure
15-26 that the appropriate textbook is available for each student
15-27 enrolled in kindergarten, first, second, or third grade in a
16-1 foundation curriculum course offered by the district.
16-2 SECTION 3.07. Section 21.048, Education Code, is amended to
16-3 codify Rider 5 following the appropriation to the State Board for
16-4 Educator Certification in the General Appropriations Act for the
16-5 state fiscal biennium ending August 31, 2001, by amending
16-6 Subsection (d) and adding Subsection (e) to read as follows:
16-7 (d) The board shall ensure that the examination for the
16-8 certification of educators in Texas (ExCET), or any similar
16-9 successor examination, is offered at multiple locations, including
16-10 at least one location within 50 miles of each location where an
16-11 educator preparation program approved by the board under Section
16-12 21.045 is provided.
16-13 (e) In this section:
16-14 (1) "Hearing impairment" means a hearing impairment so
16-15 severe that the person cannot process linguistic information with
16-16 or without amplification.
16-17 (2) "Reliability" means the extent to which an
16-18 experiment, test, or measuring procedure yields the same results on
16-19 repeated trials.
16-20 (3) "Validity" means being:
16-21 (A) well-grounded or justifiable;
16-22 (B) relevant and meaningful;
16-23 (C) correctly derived from premises or
16-24 inferences; and
16-25 (D) supported by objective truth or generally
16-26 accepted authority.
16-27 SECTION 3.08. Subchapter A, Chapter 30, Education Code, is
17-1 amended to codify Rider 6 of the special provisions for the Texas
17-2 School for the Blind and Visually Impaired and Texas School for the
17-3 Deaf in the General Appropriations Act for the state fiscal
17-4 biennium ending August 31, 2001, by adding Section 30.006 to read
17-5 as follows:
17-6 Sec. 30.006. FEE FOR ASSESSMENT OF STUDENT BY TEXAS SCHOOL
17-7 FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF.
17-8 If the Texas School for the Blind and Visually Impaired or the
17-9 Texas School for the Deaf performs an assessment of a student, that
17-10 school shall impose on the school district in which the student
17-11 resides a fee in a reasonable amount to cover the cost to the
17-12 school of performing the assessment. The school shall make a
17-13 reasonable effort to collect a fee imposed under this section.
17-14 SECTION 3.09. Section 825.206, Government Code, is amended
17-15 to codify Rider 2 following the appropriation to the Teacher
17-16 Retirement System in the General Appropriations Act for the state
17-17 fiscal biennium ending August 31, 2001, by adding Subsection (g) to
17-18 read as follows:
17-19 (g) In addition to the other requirements of this section,
17-20 the board of trustees shall contract with an actuary to perform a
17-21 limited actuarial valuation of the assets and liabilities of the
17-22 retirement system not later than February 28 of each odd-numbered
17-23 year to determine the effect of investment, salary, and payroll
17-24 experience on:
17-25 (1) the unfunded liability of the retirement system;
17-26 (2) the amortization period of the retirement system;
17-27 and
18-1 (3) the state contribution rate that would result in a
18-2 30-year amortization period of the retirement system.
18-3 SECTION 3.10. Subchapter B, Chapter 2205, Government Code,
18-4 is amended to codify Rider 2 following the appropriation to The
18-5 University of Texas System Administration and Rider 4 following the
18-6 appropriation to The University of Texas Medical Branch at
18-7 Galveston in the General Appropriations Act for the state fiscal
18-8 biennium ending August 31, 2001, by adding Section 2205.0331 to
18-9 read as follows:
18-10 Sec. 2205.0331. UNIVERSITY OF TEXAS SYSTEM AIRCRAFT. (a)
18-11 The University of Texas System may acquire, operate, maintain, and
18-12 replace a passenger airplane. The system may purchase the airplane
18-13 if the system is unable to acquire the airplane by gift. If the
18-14 system purchases the airplane, the airplane is subject to the
18-15 authority of the board under this chapter. The system may use
18-16 money allocated to the system from the available university fund to
18-17 pay for the cost of acquiring, operating, maintaining, or replacing
18-18 the airplane.
18-19 (b) The University of Texas Medical Branch at Galveston may
18-20 lease and operate a helicopter to transport critically ill or
18-21 emergency patients to the medical branch hospitals. The medical
18-22 branch may not use state funds to operate the helicopter unless:
18-23 (1) the helicopter is used:
18-24 (A) to transport an indigent patient; or
18-25 (B) to transport a patient pursuant to an
18-26 interagency contract; or
18-27 (2) the cost of operating the helicopter is reimbursed
19-1 by insurance proceeds.
19-2 (c) The University of Texas System may lease additional
19-3 aircraft on a short-term basis as needed.
19-4 SECTION 3.11. To conform to the codification as Section
19-5 2205.0331, Government Code, of Rider 2 following the appropriation
19-6 to The University of Texas System Administration and Rider 4
19-7 following the appropriation to The University of Texas Medical
19-8 Branch at Galveston in the General Appropriations Act for the state
19-9 fiscal biennium ending August 31, 2001, Section 2205.031(a),
19-10 Government Code, is amended to read as follows:
19-11 (a) This chapter applies to all aircraft owned or leased by
19-12 the state, except as provided by Sections [Section] 2205.033 and
19-13 2205.0331.
19-14 SECTION 3.12. Section 87.004, Education Code, is amended to
19-15 codify Rider 2 following the appropriation to Tarleton State
19-16 University in the General Appropriations Act for the state fiscal
19-17 biennium ending August 31, 2001, by adding Subsections (g) and (h)
19-18 to read as follows:
19-19 (g) The institute shall monitor the water quality in the
19-20 Bosque River and report the data collected to the Texas Natural
19-21 Resource Conservation Commission not later than February 1 and July
19-22 1 of each year. The institute shall coordinate the collection and
19-23 reporting of data to conform with protocols of the commission.
19-24 (h) The institute, the commission, and other appropriate
19-25 entities shall cooperate with each other and avoid duplication of
19-26 efforts in water quality monitoring the institute conducts.
19-27 SECTION 3.13. Subchapter A, Chapter 74, Education Code, is
20-1 amended to codify certain provisions of Rider 3 following the
20-2 appropriation to The University of Texas Medical Branch at
20-3 Galveston in the General Appropriations Act for the state fiscal
20-4 biennium ending August 31, 2001, by adding Section 74.009 to read
20-5 as follows:
20-6 Sec. 74.009. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
20-7 board of regents may set reasonable rates to be charged and
20-8 collected by hospitals of the medical branch and may accept gifts
20-9 and donations for the support and maintenance of those hospitals.
20-10 (b) The board of regents may use not more than $5 million of
20-11 local revenue each year to match any gift made to endowments of the
20-12 medical branch, if the use of the local revenue for that purpose
20-13 does not:
20-14 (1) result in a reduction of service levels for
20-15 patients; or
20-16 (2) require general revenue to replace that local
20-17 revenue.
20-18 (c) A project initiated under Subsection (b) may not be
20-19 structured so that it will require future specific appropriation of
20-20 general revenue.
20-21 (d) This section does not authorize the board of regents,
20-22 without prior specific approval of the legislature, to accept real
20-23 property that would require a legislative appropriation for the
20-24 maintenance, repair, or construction of buildings.
20-25 SECTION 3.14. Subchapter K, Chapter 74, Education Code, is
20-26 amended to codify Rider 2 following the appropriation to The
20-27 University of Texas Health Science Center at Tyler in the General
21-1 Appropriations Act for the state fiscal biennium ending August 31,
21-2 2001, by adding Section 74.604 to read as follows:
21-3 Sec. 74.604. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
21-4 board of regents shall set reasonable rates to be charged and
21-5 collected from paying patients of The University of Texas Health
21-6 Science Center at Tyler, and may enter into contracts for the
21-7 hospitalization of indigent persons.
21-8 (b) The board of regents may accept gifts and donations for
21-9 the support and maintenance of the health science center. This
21-10 subsection does not authorize the board of regents, without prior
21-11 specific approval of the legislature, to accept real property that
21-12 would require a legislative appropriation for the maintenance,
21-13 repair, or construction of buildings.
21-14 SECTION 3.15. Subchapter B, Chapter 86, Education Code, is
21-15 amended to codify Rider 2 following the appropriation to The Texas
21-16 A&M University Health Science Center in the General Appropriations
21-17 Act for the state fiscal biennium ending August 31, 2001, by adding
21-18 Section 86.25 to read as follows:
21-19 Sec. 86.25. TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER
21-20 AFFILIATION WITH HEALTH FACILITIES. (a) The Texas A&M University
21-21 Health Science Center may unite with Scott & White Clinic, Scott &
21-22 White Memorial Hospital, and the Scott, Sherwood and Brindley
21-23 Foundation as its long-term primary partners for high-quality
21-24 clinical education and research for the benefit of the people of
21-25 this state.
21-26 (b) The Texas A&M University Health Science Center may
21-27 collaborate with the Central Texas Veterans Health Care System,
22-1 Darnall Army Community Hospital, and Driscoll Children's Hospital.
22-2 SECTION 3.16. Section 321.0137, Government Code, is amended
22-3 to codify Rider 4 following the appropriation to public
22-4 community/junior colleges in the General Appropriations Act for the
22-5 state fiscal biennium ending August 31, 2001, by adding Subsection
22-6 (c) to read as follows:
22-7 (c) In an independent audit of a junior college district
22-8 that receives an appropriation under the General Appropriations
22-9 Act, the state auditor shall determine whether that district has
22-10 complied with the eligibility requirements for receiving the
22-11 appropriation and any limitations on the expenditure of the
22-12 appropriation prescribed by the General Appropriations Act.
22-13 ARTICLE 4. RIDERS CONTAINED IN ARTICLE IV OF THE
22-14 GENERAL APPROPRIATIONS ACT
22-15 SECTION 4.01. Chapter 91, Government Code, is amended to
22-16 codify Rider 3 following the appropriation to the State Law Library
22-17 in the General Appropriations Act for the state fiscal biennium
22-18 ending August 31, 2001, by adding Section 91.010 to read as
22-19 follows:
22-20 Sec. 91.010. COMPUTER-BASED LEGAL RESEARCH SERVICE. (a) The
22-21 library may enter into interagency contracts with other state
22-22 agencies and courts to provide a computer-based legal research
22-23 service.
22-24 (b) The library shall charge a fee for the service in an
22-25 amount equal to the cost to the library of providing the service.
22-26 SECTION 4.02. Subchapter C, Chapter 22, Government Code, is
22-27 amended to codify Rider 5, of Article IV, Special
23-1 Provisions-Judiciary, in the General Appropriations Act for the
23-2 state fiscal biennium ending August 31, 2001, by adding Section
23-3 22.229 to read as follows:
23-4 Sec. 22.229. TRANSFER OF CASES. The chief justice of each
23-5 court of appeals shall cooperate with the chief justice of the
23-6 supreme court in transferring cases between courts of appeals in
23-7 adjacent jurisdictions to equalize the disparity in workloads of
23-8 the courts of appeals.
23-9 SECTION 4.03. Subchapter D, Chapter 22, Government Code, is
23-10 amended to codify Rider 6 following the appropriation to the
23-11 Article IV Special Provisions-Judiciary in the General
23-12 Appropriations Act for the state fiscal biennium ending August 31,
23-13 2001, by adding Section 22.303 to read as follows:
23-14 Sec. 22.303. VOICE OR VIDEO RECORDING. (a) The supreme
23-15 court and the court of criminal appeals shall jointly adopt rules
23-16 authorizing the use of voice or video recording technology,
23-17 including CD-ROM, to make a record of court proceedings.
23-18 (b) Rules adopted under Subsection (a) may not authorize the
23-19 use of voice or video recording technology as a substitute for a
23-20 written transcript.
23-21 ARTICLE 5. RIDERS CONTAINED IN ARTICLE V OF THE
23-22 GENERAL APPROPRIATIONS ACT
23-23 SECTION 5.01. Subchapter B, Chapter 431, Government Code, is
23-24 amended to codify Rider 9 following the appropriation to the
23-25 adjutant general's department in the General Appropriations Act for
23-26 the state fiscal biennium ending August 31, 2001, by adding Section
23-27 431.0301 to read as follows:
24-1 Sec. 431.0301. ROAD CONSTRUCTION AND MAINTENANCE AT CAMP
24-2 MABRY. The Texas Department of Transportation shall construct,
24-3 repair, and maintain roads in Camp Mabry in Austin and roads
24-4 providing access to and from Camp Mabry.
24-5 SECTION 5.02. Subchapter A, Chapter 5, Alcoholic Beverage
24-6 Code, is amended to codify Rider 5 following the appropriation to
24-7 the Alcoholic Beverage Commission in the General Appropriations Act
24-8 for the state fiscal biennium ending August 31, 2001, by adding
24-9 Section 5.19 to read as follows:
24-10 Sec. 5.19. COMMISSION AS STATE POLICE AGENCY. For the
24-11 purposes of application to the federal government for a license,
24-12 permit, or other authorization, including a radio frequency, or for
24-13 law enforcement assistance grants, the commission is a state police
24-14 agency.
24-15 SECTION 5.03. Subchapter A, Chapter 5, Alcoholic Beverage
24-16 Code, is amended to codify Rider 9 following the appropriation to
24-17 the Alcoholic Beverage Commission in the General Appropriations Act
24-18 for the state fiscal biennium ending August 31, 2001, by adding
24-19 Section 5.143 to read as follows:
24-20 Sec. 5.143. TRAINING OF INSPECTORS AND REPRESENTATIVES. The
24-21 commission, as part of the initial and ongoing training of the
24-22 agency's commissioned inspectors and representatives, shall
24-23 emphasize the evidentiary threshold required in the prosecution of
24-24 criminal cases as it applies to minors in possession of alcoholic
24-25 beverages.
24-26 SECTION 5.04. Subchapter B, Chapter 495, Government Code, is
24-27 amended to codify Rider 7 following the appropriation to Texas
25-1 Department of Criminal Justice in the General Appropriations Act
25-2 for the state fiscal biennium ending August 31, 2001, by adding
25-3 Section 495.025 to read as follows:
25-4 Sec. 495.025. CONSTRUCTION MANAGEMENT SERVICES FOR OTHER
25-5 AGENCIES. The department shall enter into contracts with the Texas
25-6 Youth Commission and the Texas Juvenile Probation Commission that
25-7 provide that the department will provide construction management
25-8 services to those agencies for construction projects funded by
25-9 bonds issued by the state.
25-10 SECTION 5.05. Subchapter A, Chapter 496, Government Code, is
25-11 amended to codify Rider 8 following the appropriation to the Texas
25-12 Department of Criminal Justice in the General Appropriations Act
25-13 for the state fiscal biennium ending August 31, 2001, by adding
25-14 Section 496.008 to read as follows:
25-15 Sec. 496.008. REVIEW OF CONSTRUCTION CHANGE ORDERS. The
25-16 department shall, on review of a change order, develop a procedure
25-17 to determine the cause of the change order and document the cause
25-18 of the change order in the project file. If the department
25-19 determines that the change was caused by the error or omission of a
25-20 contracted party, the department shall hold the party financially
25-21 responsible.
25-22 SECTION 5.06. Chapter 493, Government Code, is amended to
25-23 codify Rider 14 following the appropriation to the Texas Department
25-24 of Criminal Justice in the General Appropriations Act for the state
25-25 fiscal biennium ending August 31, 2001, by adding Section 493.026
25-26 to read as follows:
25-27 Sec. 493.026. PAYROLL DEDUCTIONS. The department shall use a
26-1 payroll deduction program, in circumstances in which a deduction is
26-2 practical, to collect money owed the department by employees for
26-3 meals and other services.
26-4 SECTION 5.07. Subchapter E, Chapter 497, Government Code, is
26-5 amended to codify Rider 18 following the appropriation to the Texas
26-6 Department of Criminal Justice in the General Appropriations Act
26-7 for the state fiscal biennium ending August 31, 2001, by adding
26-8 Section 497.098 to read as follows:
26-9 Sec. 497.098. LABOR FOR PERSONAL SERVICES PROHIBITED. Inmate
26-10 labor may not be used to provide personal services to an employee
26-11 of the department. This section does not apply to the use of
26-12 inmate labor to maintain state property.
26-13 SECTION 5.08. Chapter 493, Government Code, is amended to
26-14 codify Rider 22 following the appropriation to the Texas Department
26-15 of Criminal Justice in the General Appropriations Act for the state
26-16 fiscal biennium ending August 31, 2001, by adding Section 493.0071
26-17 to read as follows:
26-18 Sec. 493.0071. EMPLOYEE CONFLICT OF INTEREST. The department
26-19 may not employ a person who, in the course of the person's official
26-20 duties as a department employee, conducts business with an
26-21 individual or firm in which the person has a direct or indirect
26-22 financial interest.
26-23 SECTION 5.09. Chapter 493, Government Code, is amended to
26-24 codify Rider 23 following the appropriation to the Texas Department
26-25 of Criminal Justice in the General Appropriations Act for the state
26-26 fiscal biennium ending August 31, 2001, by adding Section 493.0075
26-27 to read as follows:
27-1 Sec. 493.0075. DISCIPLINARY AND GRIEVANCE PROCEDURES. (a)
27-2 The board shall maintain disciplinary procedures that allow a
27-3 department employee to designate a person of the employee's choice
27-4 to represent the employee in a hearing held to consider
27-5 disciplinary action against the employee.
27-6 (b) The board shall maintain grievance procedures that:
27-7 (1) attempt to solve problems through a process that
27-8 recognizes the employee's right to bring a grievance under this
27-9 section; and
27-10 (2) recognize an employee's right to independent
27-11 mediation or independent nonbinding arbitration of an
27-12 employer-employee dispute resulting in the employee's termination
27-13 or recommended termination.
27-14 (c) A disciplinary or grievance hearing at which a
27-15 department employee serves as an employee representative must be
27-16 held during normal business hours on a weekday, unless the employer
27-17 and employee agree on a different time. An employee who is the
27-18 subject of a disciplinary or grievance hearing shall attend the
27-19 hearing as a regular duty of employment. An employee
27-20 representative who is a department employee must obtain prior
27-21 approval to use unpaid leave to attend a hearing.
27-22 SECTION 5.10. Chapter 60, Code of Criminal Procedure, is
27-23 amended to codify Rider 35 following the appropriation to the Texas
27-24 Department of Criminal Justice in the General Appropriations Act
27-25 for the state fiscal biennium ending August 31, 2001, by adding
27-26 Article 60.053 to read as follows:
27-27 Art. 60.053. MANAGEMENT OF OFFENDER INFORMATION. The Texas
28-1 Department of Criminal Justice shall automate, to the greatest
28-2 extent feasible, the management of information relating to
28-3 offenders. To accomplish this objective, the Texas Department of
28-4 Criminal Justice may enter into a contract for automation or
28-5 reengineering assistance on receiving approval from the Department
28-6 of Information Resources.
28-7 SECTION 5.11. Subchapter B, Chapter 496, Government Code, is
28-8 amended to codify Rider 39 following the appropriation to the Texas
28-9 Department of Criminal Justice in the General Appropriations Act
28-10 for the state fiscal biennium ending August 31, 2001, by adding
28-11 Section 496.0511 to read as follows:
28-12 Sec. 496.0511. PURCHASE OF SERVICES, INMATE CARE THROUGH
28-13 PROPOSAL PROCESS. (a) The department may purchase treatment
28-14 services, residential services, and inmate care through a request
28-15 for proposal process.
28-16 (b) The department shall:
28-17 (1) negotiate purchases of services and care described
28-18 by Subsection (a) at fair and reasonable prices that do not exceed
28-19 maximums provided by law; and
28-20 (2) select providers on the basis of each provider's
28-21 qualifications and demonstrated competence.
28-22 SECTION 5.12. Subchapter Z, Chapter 51, Education Code, is
28-23 amended to codify Rider 49 following the appropriation to the Texas
28-24 Department of Criminal Justice in the General Appropriations Act
28-25 for the state fiscal biennium ending August 31, 2001, by adding
28-26 Section 51.949 to read as follows:
28-27 Sec. 51.949. INMATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
29-1 An inmate confined in a facility operated by or under a contract
29-2 with the Texas Department of Criminal Justice is classified as a
29-3 resident of this state for educational purposes at an institution
29-4 of higher education.
29-5 SECTION 5.13. Subchapter C, Chapter 501, Government Code, is
29-6 amended to codify Rider 50 following the appropriation to the Texas
29-7 Department of Criminal Justice in the General Appropriations Act
29-8 for the state fiscal biennium ending August 31, 2001, by adding
29-9 Section 501.098 to read as follows:
29-10 Sec. 501.098. AVAILABILITY OF POSTSECONDARY EDUCATIONAL
29-11 COURSE TO INMATE. (a) A postsecondary educational course is
29-12 available only to an inmate who demonstrates:
29-13 (1) a clear and convincing record of rehabilitation
29-14 during the inmate's period of imprisonment;
29-15 (2) an interest in a field of study that would enhance
29-16 the inmate's performance of specified, productive prison tasks
29-17 during that period; and
29-18 (3) an aptitude and ability to undertake a course of
29-19 study at the postsecondary level.
29-20 (b) If released on parole or mandatory supervision, an
29-21 inmate shall reimburse as a condition of parole or mandatory
29-22 supervision the cost of a course of study undertaken by the inmate
29-23 under this section.
29-24 (c) The department may not provide in-cell tutoring for an
29-25 inmate who is confined in administrative segregation.
29-26 SECTION 5.14. Section 419.027, Government Code, is amended to
29-27 codify Rider 4 following the appropriation to the Texas Commission
30-1 on Fire Protection in the General Appropriations Act for the state
30-2 fiscal biennium ending August 31, 2001, to read as follows:
30-3 Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
30-4 biennially, the commission shall visit and inspect each institution
30-5 or facility conducting courses for training fire protection
30-6 personnel and recruits, each fire department, and each local
30-7 governmental agency providing fire protection to determine if the
30-8 department, agency, institution, or facility is complying with this
30-9 chapter and commission rules.
30-10 (b) When conducting an inspection of a fire department, the
30-11 commission may not provide prior notice of the inspection to the
30-12 fire department.
30-13 SECTION 5.15. Subchapter A, Chapter 419, Government Code, is
30-14 amended to codify Rider 6 following the appropriation to the Texas
30-15 Commission on Fire Protection in the General Appropriations Act for
30-16 the state fiscal biennium ending August 31, 2001, by adding Section
30-17 419.0092 to read as follows:
30-18 Sec. 419.0092. STANDARDS COMPLIANCE OFFICERS. The commission
30-19 shall appoint one person from the staff of each regional office to
30-20 serve as the standards compliance officer.
30-21 SECTION 5.16. Subchapter C, Chapter 141, Human Resources
30-22 Code, is amended to codify Rider 16 following the appropriation to
30-23 the Texas Juvenile Probation Commission in the General
30-24 Appropriations Act for the state fiscal biennium ending August 31,
30-25 2001, by adding Section 141.04315 to read as follows:
30-26 Sec. 141.04315. TRAINING FOR PLACEMENT UNDER PROGRESSIVE
30-27 SANCTIONS GUIDELINES. The commission shall provide training to
31-1 maximize the appropriate placement of juvenile offenders under the
31-2 progressive sanctions guidelines in Chapter 59, Family Code, to:
31-3 (1) personnel of local juvenile probation departments;
31-4 and
31-5 (2) judges of the juvenile courts.
31-6 SECTION 5.17. Subchapter B, Chapter 1702, Occupations Code,
31-7 is amended to codify Rider 4 following the appropriation to the
31-8 Texas Commission on Private Security, referred to as the Board of
31-9 Private Investigators and Private Security Agencies, in the General
31-10 Appropriations Act for the state fiscal biennium ending August 31,
31-11 2001, by adding Section 1702.0291 to read as follows:
31-12 Sec. 1702.0291. MEETING LOCATION. A commission meeting may
31-13 be held only at a state facility in Austin.
31-14 SECTION 5.18. Subchapter A, Chapter 411, Government Code, is
31-15 amended to codify Rider 3 following the appropriation to the
31-16 Department of Public Safety in the General Appropriations Act for
31-17 the state fiscal biennium ending August 31, 2001, by adding Section
31-18 411.0135 to read as follows:
31-19 Sec. 411.0135. USE OF MOTOR VEHICLE FOR PURPOSE OTHER THAN
31-20 OFFICIAL BUSINESS. The director may not authorize more than 30
31-21 officers or employees of the department to use a state-owned or
31-22 state-leased motor vehicle to commute to and from work under
31-23 Section 2113.013.
31-24 SECTION 5.19. Subchapter A, Chapter 411, Government Code, is
31-25 amended to codify Rider 4 following the appropriation to the
31-26 Department of Public Safety in the General Appropriations Act for
31-27 the state fiscal biennium ending August 31, 2001, by adding Section
32-1 411.0079 to read as follows:
32-2 Sec. 411.0079. RECORD OF SUPERVISORY RESPONSES TO EMERGENCY
32-3 CALLS. (a) The department shall maintain, for each fiscal year, a
32-4 record of the number of emergency calls to which a supervisory
32-5 officer above the rank of lieutenant responded from:
32-6 (1) the officer's private residence; or
32-7 (2) the officer's district headquarters or station.
32-8 (b) The department shall clearly identify the nature of each
32-9 emergency call included in the record.
32-10 SECTION 5.20. Section 411.014, Government Code, is amended
32-11 to codify Rider 20 following the appropriation to the Department of
32-12 Public Safety in the General Appropriations Act for the state
32-13 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
32-14 read as follows:
32-15 (c) The department may allow the Texas Department of Public
32-16 Safety Historical Museum to use department property for a
32-17 historical museum.
32-18 SECTION 5.21. Chapter 750, Transportation Code, is amended to
32-19 codify Rider 22 following the appropriation to the Department of
32-20 Public Safety in the General Appropriations Act for the state
32-21 fiscal biennium ending August 31, 2001, by adding Section 750.001
32-22 to read as follows:
32-23 Sec. 750.001. STRANDED MOTORIST ASSISTANCE. (a) The
32-24 Department of Public Safety is the lead state agency to help
32-25 motorists whose vehicles are disabled on state or federal roads.
32-26 The department shall obtain the cooperation of the Texas Department
32-27 of Transportation and all other relevant state agencies and
33-1 coordinate its efforts with all local law enforcement agencies and
33-2 interested private businesses.
33-3 (b) As part of its duties under this section, the Department
33-4 of Public Safety shall establish and publicize a toll-free number
33-5 and a universal distress signal for motorists who need assistance.
33-6 SECTION 5.22. Chapter 411, Government Code, is amended to
33-7 codify Rider 29 following the appropriation to the Department of
33-8 Public Safety in the General Appropriations Act for the state
33-9 fiscal biennium ending August 31, 2001, by adding Subchapter J to
33-10 read as follows:
33-11 SUBCHAPTER J. COMPLEX CRIME UNIT
33-12 Sec. 411.301. COMPLEX CRIME UNIT. The department shall
33-13 maintain a complex crime unit to investigate offenses that involve
33-14 the theft or misappropriation of government property, the
33-15 investigation of which requires a level of expertise in disciplines
33-16 such as accounting or computer technology that is not readily
33-17 available to local law enforcement agencies of this state.
33-18 Sec. 411.302. PERSONNEL ASSIGNED TO COMPLEX CRIME UNIT. (a)
33-19 The complex crime unit shall be staffed by commissioned peace
33-20 officers and noncommissioned employees as determined appropriate by
33-21 the director.
33-22 (b) To be eligible for appointment to the complex crime
33-23 unit:
33-24 (1) a commissioned peace officer must:
33-25 (A) hold a degree from an accredited institution
33-26 of higher education in law, accounting, or computer science; or
33-27 (B) have at least two years' experience in the
34-1 investigation of complex criminal offenses or similar law; and
34-2 (C) have at least four years' experience as a
34-3 peace officer; and
34-4 (2) a noncommissioned employee must meet the
34-5 experience, training, and educational requirements established by
34-6 the director.
34-7 Sec. 411.303. INVESTIGATIONS BY COMPLEX CRIME UNIT. On
34-8 request of the governor, and with approval of the director, the
34-9 complex crime unit may investigate any allegation of criminal
34-10 activity that involves harm to the interests of an agency of this
34-11 state.
34-12 Sec. 411.304. ASSISTANCE TO LOCAL LAW ENFORCEMENT AGENCIES.
34-13 On request of an attorney representing the state, and with approval
34-14 of the director, the complex crime unit may assist any local law
34-15 enforcement agency of this state in the investigation of a criminal
34-16 offense described by Section 411.301.
34-17 SECTION 5.23. Section 61.033, Human Resources Code, is
34-18 amended to codify Rider 12 following the appropriation to the Texas
34-19 Youth Commission in the General Appropriations Act for the state
34-20 fiscal biennium ending August 31, 2001, to read as follows:
34-21 Sec. 61.033. ANNUAL [FINANCIAL] REPORT. (a) The commission
34-22 shall prepare annually a complete and detailed written report:
34-23 (1) accounting for all funds received and disbursed by
34-24 the commission during the preceding fiscal year; and
34-25 (2) assessing the effectiveness of providing
34-26 specialized treatment to children, including an assessment of the
34-27 rearrest rates of children who receive specialized treatment.
35-1 (b) The annual report must meet the reporting requirements
35-2 applicable to financial reporting provided in the General
35-3 Appropriations Act.
35-4 ARTICLE 6. RIDERS CONTAINED IN ARTICLE VI OF THE
35-5 GENERAL APPROPRIATIONS ACT
35-6 SECTION 6.01. Section 12.0144, Agriculture Code, is amended
35-7 to codify Rider 5 following the appropriation to the Department of
35-8 Agriculture in the General Appropriations Act for the state fiscal
35-9 biennium ending August 31, 2001, to read as follows:
35-10 Sec. 12.0144. FEE SCHEDULE. (a) The department shall by
35-11 rule adopt a schedule for all fees set by the department under this
35-12 code. Except as provided by Subsection (b) [for those activities
35-13 exempted in the General Appropriations Act], the department shall
35-14 set fees in an amount which offsets, when feasible, all of the
35-15 direct and indirect state costs of administering its regulatory
35-16 activities.
35-17 (b) The cost offset requirement established by Subsection
35-18 (a) does not apply to:
35-19 (1) seed testing;
35-20 (2) quarantine enforcement and education;
35-21 (3) piece rate crop surveying;
35-22 (4) activities conducted under the pest management
35-23 program;
35-24 (5) activities conducted under the Agriculture Hazard
35-25 Communication Act;
35-26 (6) boll weevil eradication activities; and
35-27 (7) activities conducted under the predatory
36-1 management program.
36-2 SECTION 6.02. Section 61.067, Natural Resources Code, is
36-3 amended to codify Rider 12 following the appropriation to the
36-4 General Land Office in the General Appropriations Act for the state
36-5 fiscal biennium ending August 31, 2001, by adding Subsection (f) to
36-6 read as follows:
36-7 (f) The land office may use trusty inmates provided by the
36-8 institutional division of the Texas Department of Criminal Justice
36-9 to clean and maintain public beaches.
36-10 SECTION 6.03. Subchapter D, Chapter 5, Water Code, is amended
36-11 to codify Rider 3 following the appropriation to the Texas Natural
36-12 Resource Conservation Commission in the General Appropriations Act
36-13 for the state fiscal biennium ending August 31, 2001, by adding
36-14 Section 5.127 to read as follows:
36-15 Sec. 5.127. AUTHORITY TO CHARTER AIRCRAFT. The commission
36-16 may spend appropriated money to charter aircraft for monitoring
36-17 environmental quality and enforcing state environmental and water
36-18 rights laws.
36-19 SECTION 6.04. Section 5.235, Water Code, is amended to codify
36-20 in part Rider 5 following the appropriation to the Texas Natural
36-21 Resource Conservation Commission in the General Appropriations Act
36-22 for the state fiscal biennium ending August 31, 2001, by adding
36-23 Subsection (p) to read as follows:
36-24 (p) A fee charged under Subsection (b) or (c) may not exceed
36-25 $2,000.
36-26 SECTION 6.05. Section 382.062, Health and Safety Code, is
36-27 amended to codify in part Rider 5 following the appropriation to
37-1 the Texas Natural Resource Conservation Commission in the General
37-2 Appropriations Act for the state fiscal biennium ending August 31,
37-3 2001, by amending Subsection (d) to read as follows:
37-4 (d) A fee assessed under this section may not be less than
37-5 $25 or more than $80,000 [$75,000].
37-6 SECTION 6.06. Subchapter B, Chapter 11, Parks and Wildlife
37-7 Code, is amended to codify Rider 13 following the appropriation to
37-8 the Parks and Wildlife Department in the General Appropriations Act
37-9 for the state fiscal biennium ending August 31, 2001, by adding
37-10 Section 11.0202 to read as follows:
37-11 Sec. 11.0202. CLOTHING PROVISION. The department may not
37-12 provide a clothing or cleaning allowance to any nonuniformed
37-13 personnel. The department may provide a cleaning allowance not to
37-14 exceed $500 per year to an employee required to wear a uniform.
37-15 ARTICLE 7. RIDERS CONTAINED IN ARTICLE VII OF THE
37-16 GENERAL APPROPRIATIONS ACT
37-17 SECTION 7.01. Subchapter A, Chapter 481, Government Code, is
37-18 amended to codify Rider 11 following the appropriation to the Texas
37-19 Department of Economic Development in the General Appropriations
37-20 Act for the state fiscal biennium ending August 31, 2001, by adding
37-21 Section 481.0064 to read as follows:
37-22 Sec. 481.0064. DEFENSE INFRASTRUCTURE SUPPORT. (a) The
37-23 department shall prepare annually a plan stating in detail the
37-24 department's intended action to support the defense infrastructure
37-25 of the economy of this state. The plan must contain information
37-26 stating in detail the department's proactive strategy for providing
37-27 support to the defense industry in this state, including:
38-1 (1) the manner in which the strategy will be
38-2 implemented;
38-3 (2) the results to be achieved; and
38-4 (3) the manner in which the results will be measured
38-5 and evaluated.
38-6 (b) The department shall make the plan available to the
38-7 legislature at the beginning of each fiscal year.
38-8 (c) The department shall also prepare a quarterly report
38-9 stating in detail the economic effect of the military and civilian
38-10 defense industry on the economy of this state.
38-11 SECTION 7.02. Subchapter A, Chapter 2306, Government Code,
38-12 is amended to codify Rider 2 following the appropriation to the
38-13 Texas Department of Housing and Community Affairs in the General
38-14 Appropriations Act for the state fiscal biennium ending August 31,
38-15 2001, by adding Section 2306.008 to read as follows:
38-16 Sec. 2306.008. CONTRACT REPORTING REQUIREMENT. (a) A party
38-17 that enters into a contract with the department shall provide a
38-18 full accounting of state money expended under the terms of the
38-19 contract to the director not later than the 90th day after the date
38-20 the contract is concluded or, at the option of the party
38-21 contracting with the department, not later than the 90th day after
38-22 the date of conclusion of that contracting party's fiscal year
38-23 during which the contract was in force.
38-24 (b) All contracts entered into by the department must state
38-25 the reporting requirement provided by Subsection (a).
38-26 (c) The failure of a party contracting with the department
38-27 to provide the full accounting of expended state money as required
39-1 by Subsection (a) is sufficient reason for the department to
39-2 terminate the contract and to deny any future contracts to that
39-3 contracting party.
39-4 SECTION 7.03. Subchapter Z, Chapter 2306, Government Code, is
39-5 amended to codify Rider 4 following the appropriation to the Texas
39-6 Department of Housing and Community Affairs in the General
39-7 Appropriations Act for the state fiscal biennium ending August 31,
39-8 2001, by adding Section 2306.590 to read as follows:
39-9 Sec. 2306.590. COORDINATION WITH TEXAS WATER DEVELOPMENT
39-10 BOARD. The department and the Texas Water Development Board shall
39-11 coordinate funds, as outlined in a memorandum of understanding, to:
39-12 (1) assure that appropriated funds are not:
39-13 (A) expended in a way that encourages the
39-14 proliferation of colonias; or
39-15 (B) used in any other way that is inconsistent
39-16 with the intent of the economically distressed areas program
39-17 operated by the Texas Water Development Board under Subchapter K,
39-18 Chapter 17, Water Code;
39-19 (2) maximize delivery of the funds; and
39-20 (3) minimize administrative delay in the funds'
39-21 expenditure.
39-22 SECTION 7.04. Subchapter H, Chapter 2306, Government Code, is
39-23 amended to codify Rider 6 following the appropriation to the Texas
39-24 Department of Housing and Community Affairs in the General
39-25 Appropriations Act for the state fiscal biennium ending August 31,
39-26 2001, by adding Section 2306.185 to read as follows:
39-27 Sec. 2306.185. LOCAL SITE VISIT. (a) For a proposed rental
40-1 housing development that is the subject of an application for a
40-2 federal tax incentive, the department shall send a department
40-3 employee to visit the site of the proposed development if the
40-4 department receives a letter opposing that development from the
40-5 mayor or county judge of the affected political subdivision.
40-6 (b) The department employee shall visit the site with the
40-7 mayor or judge:
40-8 (1) not later than the 30th day after the date of
40-9 receipt of the letter by the department; and
40-10 (2) before any approval of the application by the
40-11 department.
40-12 (c) The department may obtain reimbursement, at a rate not
40-13 to exceed the federally authorized rate, from the applicant for
40-14 necessary travel expenses of the department employee making the
40-15 site visit.
40-16 SECTION 7.05. Subchapter A, Chapter 2306, Government Code, is
40-17 amended to codify in part Rider 9 following the appropriation to
40-18 the Texas Department of Housing and Community Affairs in the
40-19 General Appropriations Act for the state fiscal biennium ending
40-20 August 31, 2001, by adding Section 2306.009 to read as follows:
40-21 Sec. 2306.009. SCORING CRITERIA. The department shall
40-22 integrate into any scoring system used to award contracts for the
40-23 construction, acquisition, or rehabilitation of single-family or
40-24 multifamily housing, or contracts for the operation of multifamily
40-25 housing, scoring criteria that reward contract proposals that
40-26 include the provision of comprehensive services to low-income
40-27 residents of this state, including services related to case
41-1 management, homebuyer assistance, and family budgeting.
41-2 SECTION 7.06. Section 2306.358, Government Code, is amended
41-3 to codify in part Rider 9 following the appropriation to the Texas
41-4 Department of Housing and Community Affairs in the General
41-5 Appropriations Act for the state fiscal biennium ending August 31,
41-6 2001, by adding Subsection (i) to read as follows:
41-7 (i) To the extent practicable, the department shall develop
41-8 a sliding scale fee schedule applicable to the issuance of
41-9 qualified 501(c)(3) bonds described by this section to encourage
41-10 increased participation in the bond program by nonprofit entities,
41-11 including community housing development organizations.
41-12 SECTION 7.07. Section 2306.677, Government Code, is amended
41-13 to codify in part Rider 9 following the appropriation to the Texas
41-14 Department of Housing and Community Affairs in the General
41-15 Appropriations Act for the state fiscal biennium ending August 31,
41-16 2001, by amending Subsection (a) and adding Subsection (c) to read
41-17 as follows:
41-18 (a) A fee charged by the department to an applicant for a
41-19 low income housing tax credit may not be excessive and, except as
41-20 provided by Subsection (c), must reflect the department's actual
41-21 costs in processing applications and providing copies of documents
41-22 in connection with the allocation process.
41-23 (c) To the extent practicable, the department shall develop
41-24 a sliding scale fee schedule for applications submitted under this
41-25 subchapter to encourage increased participation in the low income
41-26 housing tax credit program by nonprofit entities, including
41-27 community housing development organizations.
42-1 SECTION 7.08. Subchapter H, Chapter 2306, Government Code,
42-2 is amended to codify Rider 13 following the appropriation to the
42-3 Texas Department of Housing and Community Affairs in the General
42-4 Appropriations Act for the state fiscal biennium ending August 31,
42-5 2001, by adding Section 2306.1801 to read as follows:
42-6 Sec. 2306.1801. MORTGAGE REVENUE BOND PROGRAM FOR FIRST-TIME
42-7 HOMEBUYERS. (a) Through the mortgage revenue bond program for
42-8 first-time homebuyers, the department shall maximize the creation
42-9 of single family housing for individuals and families of very low
42-10 income by setting aside for a period of one year at least 30
42-11 percent of the lendable bond proceeds for individuals and families
42-12 with incomes at or below 60 percent of the area median family
42-13 income.
42-14 (b) The department shall use down payment and closing cost
42-15 assistance or other methods of assistance to facilitate the
42-16 origination of single family mortgage loans to individuals and
42-17 families with incomes at or below 60 percent of the area median
42-18 family income.
42-19 (c) The department shall manage the mortgage revenue bond
42-20 program for first-time homebuyers in a manner that will obtain the
42-21 highest reasonable bond rating.
42-22 SECTION 7.09. Section 201.403, Transportation Code, is
42-23 amended to codify Rider 13 following the appropriation to the Texas
42-24 Department of Transportation in the General Appropriations Act for
42-25 the state fiscal biennium ending August 31, 2001, by adding
42-26 Subsection (e) to read as follows:
42-27 (e) The department shall implement the policy statement
43-1 prepared under Section 201.402(a) to hire qualified minority
43-2 applicants for supervisory or management positions and to promote
43-3 qualified minority employees into supervisory or management
43-4 positions.
43-5 SECTION 7.10. Section 201.108, Transportation Code, is
43-6 amended to codify Rider 20 following the appropriation to the Texas
43-7 Department of Transportation in the General Appropriations Act for
43-8 the state fiscal biennium ending August 31, 2001, by adding
43-9 Subsections (c) and (d) to read as follows:
43-10 (c) In complying with the requirements of Chapter 2102,
43-11 Government Code, the department shall assign at least one internal
43-12 auditor to each district office and to each division in the
43-13 department. An internal auditor assigned under this subsection
43-14 shall report either directly to the commission or to the internal
43-15 auditor appointed under Section 2102.006, Government Code.
43-16 (d) An internal auditor assigned to a district office under
43-17 Subsection (c) may consider suggestions from a district engineer in
43-18 developing a proposal for the department's annual audit plan.
43-19 SECTION 7.11. Subchapter B, Chapter 223, Transportation Code,
43-20 is amended to codify Rider 21 following the appropriation to the
43-21 Texas Department of Transportation in the General Appropriations
43-22 Act for the state fiscal biennium ending August 31, 2001, by adding
43-23 Section 223.049 to read as follows:
43-24 Sec. 223.049. MINIMUM WAGE REQUIREMENT FOR CONSTRUCTION OR
43-25 MAINTENANCE CONTRACTS. In a contract for construction or
43-26 maintenance work made with the private sector, the department shall
43-27 require a contractor and a subcontractor to pay all employees and
44-1 contract labor not less than the federal minimum wage rate. The
44-2 department shall withhold payments to the contractor until the
44-3 contractual obligations to pay employees and contract labor have
44-4 been fulfilled.
44-5 SECTION 7.12. Subchapter H, Chapter 201, Transportation Code,
44-6 is amended to codify Rider 32 following the appropriation to the
44-7 Texas Department of Transportation in the General Appropriations
44-8 Act for the state fiscal biennium ending August 31, 2001, by adding
44-9 Section 201.6091 to read as follows:
44-10 Sec. 201.6091. PROJECT STATUS. (a) Before January 1 of each
44-11 year, the department shall provide each member of the legislature,
44-12 unless the member requests it not be provided, a status report of
44-13 all highway construction projects, by legislative district, under
44-14 contract or awaiting funding at the time of the report, including
44-15 projects that would be funded fully or partially by state, federal,
44-16 or toll funds.
44-17 (b) Not later than the 91st day before the date the
44-18 department grants any loan for any project in a legislative
44-19 district, the department shall notify all legislative members of
44-20 the legislative district about the status of the project and how
44-21 other projects in any legislative district would be affected.
44-22 SECTION 7.13. Section 22.055(b), Transportation Code, is
44-23 amended to codify in part Rider 33 following the appropriation to
44-24 the Texas Department of Transportation in the General
44-25 Appropriations Act for the state fiscal biennium ending August 31,
44-26 2001, to read as follows:
44-27 (b) A local government may designate the Texas Department of
45-1 Transportation as its agent to accept, give a receipt for, and
45-2 disburse money from grants and loans for any of the purposes of
45-3 this chapter. The department shall accept and shall transfer or
45-4 spend federal money accepted under this section on the terms
45-5 prescribed by the United States. The department shall deposit
45-6 money it receives under this subsection in the state treasury and
45-7 shall hold the money in trust to be used for those purposes for
45-8 which the money is made available. Unless[, unless] the agency
45-9 from which the money is received prescribes otherwise, the
45-10 department shall keep the money in separate funds designated
45-11 according to the purposes for which the money is made available,
45-12 including a fund designated for the purpose of reimbursing the
45-13 state highway fund for expenditures made for projects for which
45-14 federal money is made available[, and the state shall hold the
45-15 money in trust for those purposes].
45-16 SECTION 7.14. Section 222.052, Transportation Code, is
45-17 amended to codify in part Rider 33 following the appropriation to
45-18 the Texas Department of Transportation in the General
45-19 Appropriations Act for the state fiscal biennium ending August 31,
45-20 2001, by adding Subsection (d) to read as follows:
45-21 (d) The department shall hold in trust contributions made
45-22 under this section for the purpose of reimbursing the state highway
45-23 fund for expenditures made by the commission under Subsection (a)
45-24 for roads and highways in the political subdivisions that
45-25 contribute to the account.
45-26 SECTION 7.15. Section 201.706, Transportation Code, is
45-27 amended to codify Rider 37 following the appropriation to the Texas
46-1 Department of Transportation in the General Appropriations Act for
46-2 the state fiscal biennium ending August 31, 2001, to read as
46-3 follows:
46-4 Sec. 201.706. LOCAL GOVERNMENT ASSISTANCE. (a) From
46-5 appropriated funds, the department shall:
46-6 (1) assist counties with materials to repair and
46-7 maintain county roads in an amount having a value of[. The
46-8 department shall:]
46-9 [(1) provide that the total annual value of assistance
46-10 under this section is:]
46-11 [(A) at least $12 million per year for fiscal
46-12 years 1998 and 1999; and]
46-13 [(B)] at least $6 million per fiscal year [for a
46-14 fiscal year other than 1998 or 1999];
46-15 (2) make maximum usage of surplus materials on hand;
46-16 (3) develop rules and procedures to implement this
46-17 subsection [section] and to provide for the distribution of the
46-18 assistance with preference given to counties with an above average
46-19 number of overweight trucks receiving weight tolerance permits
46-20 based on the previous year's permit totals; and
46-21 (4) undertake cooperative and joint procurement of
46-22 road materials with counties under General Services Commission
46-23 procedures.
46-24 (b) From appropriated funds, the department may assist
46-25 municipalities in the maintenance of municipal streets by providing
46-26 expertise in the field of roadway maintenance.
46-27 (c) If the department possesses surplus materials, the
47-1 department shall make the surplus materials available to any local
47-2 government of this state that establishes a need for the surplus
47-3 materials. The department shall adopt rules and procedures to
47-4 implement this subsection.
47-5 SECTION 7.16. Section 201.608, Transportation Code, is
47-6 amended to codify Rider 48 following the appropriation to the Texas
47-7 Department of Transportation in the General Appropriations Act for
47-8 the state fiscal biennium ending August 31, 2001, by adding
47-9 Subsection (d) to read as follows:
47-10 (d) The department annually shall review its proposed road
47-11 and maintenance projects to determine whether the projects are
47-12 adequate to allow for the projected effect of overweight trucks on
47-13 state highways resulting from international trade.
47-14 SECTION 7.17. Subchapter A, Chapter 302, Labor Code, is
47-15 amended to codify Rider 13 following the appropriation to the Texas
47-16 Workforce Commission in the General Appropriations Act for the
47-17 state fiscal biennium ending August 31, 2001, by adding Section
47-18 302.0042 to read as follows:
47-19 Sec. 302.0042. DONATED PURCHASE AGREEMENTS. The commission
47-20 shall use donated purchase agreements and other funding mechanisms,
47-21 to the extent permitted by federal law, to:
47-22 (1) maximize the availability of state matching funds
47-23 for federal child care funds; and
47-24 (2) encourage local child care planning and matching
47-25 funds participation.
47-26 SECTION 7.18. Subchapter A, Chapter 302, Labor Code, is
47-27 amended to codify Rider 14 following the appropriation to the Texas
48-1 Workforce Commission in the General Appropriations Act for the
48-2 state fiscal biennium ending August 31, 2001, by adding Section
48-3 302.0041 to read as follows:
48-4 Sec. 302.0041. MAXIMIZING FEDERAL CHILD CARE FUNDS. (a) The
48-5 commission shall cooperate with municipalities, nonprofit
48-6 organizations, the Texas Education Agency, and school districts to
48-7 obtain local matching funds necessary to maximize federal funds for
48-8 child care.
48-9 (b) The commission may implement necessary system and
48-10 accounting system changes as needed to implement this section.
48-11 SECTION 7.19. Subchapter A, Chapter 302, Labor Code, is
48-12 amended to codify Rider 23 following the appropriation to the Texas
48-13 Workforce Commission in the General Appropriations Act for the
48-14 state fiscal biennium ending August 31, 2001, by adding Section
48-15 302.009 to read as follows:
48-16 Sec. 302.009. EMPLOYMENT AND CHILD CARE PROGRAMS IN RURAL
48-17 AREAS. The commission and local workforce boards shall expand the
48-18 availability of employment and child care programs to rural areas
48-19 to the extent the expansion is determined to be cost effective.
48-20 SECTION 7.20. Subchapter G, Chapter 2308, Government Code, is
48-21 amended to codify Rider 27 following the appropriation to the Texas
48-22 Workforce Commission in the General Appropriations Act for the
48-23 state fiscal biennium ending August 31, 2001, by adding Section
48-24 2308.317 to read as follows:
48-25 Sec. 2308.317. HIGHER EDUCATION FOR RECIPIENT OF CHILD CARE
48-26 BENEFITS. (a) A person receiving child care assistance benefits
48-27 who is at least 17 years of age and holds a high school diploma, or
49-1 other diploma or certificate issued on the basis of the successful
49-2 performance on a high school equivalence examination, continues to
49-3 be eligible for child care assistance benefits while the person is
49-4 enrolled in an educational program for an associate's degree.
49-5 (b) A person is eligible for benefits under Subsection (a)
49-6 for a period not to exceed four years as long as the person
49-7 continues to be enrolled in an educational program that will
49-8 prepare the person for employment in a high demand occupation with
49-9 an upward career path as determined by the board.
49-10 (c) The board may determine the eligibility of a person
49-11 under this section based on the person's progress towards
49-12 completion of the educational program.
49-13 SECTION 7.21. Subchapter A, Chapter 302, Labor Code, is
49-14 amended to codify Rider 29 following the appropriation to the Texas
49-15 Workforce Commission in the General Appropriations Act for the
49-16 state fiscal biennium ending August 31, 2001, by adding Section
49-17 302.010 to read as follows:
49-18 Sec. 302.010. OPERATION OF CERTAIN JOB TRAINING PROGRAMS;
49-19 OBJECTIVE. The primary objective of job training programs that
49-20 offer employment assistance, training services, volunteer
49-21 resources, needs assessment, and skills enhancement to individual
49-22 clients through a locally-based network of career development
49-23 centers is to teach job skills adequate for employment in the
49-24 community. While a job training program may contain instruction in
49-25 English as a second language, a program of instruction in English
49-26 as a second language may not substitute for a job training program.
49-27 SECTION 7.22. Subchapter C, Chapter 302, Labor Code, is
50-1 amended to codify Rider 30 following the appropriation to the Texas
50-2 Workforce Commission in the General Appropriations Act for the
50-3 state fiscal biennium ending August 31, 2001, by adding Section
50-4 302.044 to read as follows:
50-5 Sec. 302.044. REALLOCATION OF PERSONNEL. The commission
50-6 shall reduce the number of its employees in proportion to the
50-7 amount of funds transferred to a local workforce development board
50-8 to provide workforce services unless the local workforce
50-9 development board contracts with the commission for the commission
50-10 to provide those services.
50-11 SECTION 7.23. Subchapter A, Chapter 31, Human Resources
50-12 Code, is amended to codify Rider 33 following the appropriation to
50-13 the Texas Workforce Commission in the General Appropriations Act
50-14 for the state fiscal biennium ending August 31, 2001, by adding
50-15 Section 31.0128 to read as follows:
50-16 Sec. 31.0128. REGISTRATION REQUIREMENT FOR DETERMINATION OF
50-17 ELIGIBILITY. If the department, the Texas Workforce Commission, or
50-18 both the department and the Texas Workforce Commission require an
50-19 applicant for Temporary Assistance for Needy Families to register
50-20 with the commission before the department determines the
50-21 applicant's eligibility for assistance, the applicant's
50-22 registration and orientation must take place at an office at which
50-23 the department determines an applicant's eligibility for
50-24 assistance.
50-25 ARTICLE 8. RIDERS CONTAINED IN ARTICLE VIII OF THE
50-26 GENERAL APPROPRIATIONS ACT
50-27 SECTION 8.01. Subchapter B, Chapter 2003, Government Code, is
51-1 amended to codify Rider 2 following the appropriation to the State
51-2 Office of Administrative Hearings in the General Appropriations Act
51-3 for the state fiscal biennium ending August 31, 2001, by adding
51-4 Section 2003.025 to read as follows:
51-5 Sec. 2003.025. INTERAGENCY CONTRACTS; LIMIT ON TOTAL AMOUNT
51-6 BILLED. The office shall establish procedures under which a state
51-7 agency may establish a limit, in an interagency contract that the
51-8 agency executes with the office, on the aggregate billable amount
51-9 for a fiscal year.
51-10 SECTION 8.02. Section 1601.154, Occupations Code, is amended
51-11 to codify Rider 1 following the appropriation to the State Board of
51-12 Barber Examiners in the General Appropriations Act for the state
51-13 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
51-14 read as follows:
51-15 (c) The board may not spend money appropriated for
51-16 inspections unless the board has entered into an interagency
51-17 contract with the Texas Cosmetology Commission to maintain a
51-18 statewide crossover inspection and enforcement program. The board
51-19 shall send a copy of the signed contract to the Legislative Budget
51-20 Board, the Governor's Office of Budget and Planning, and the
51-21 comptroller.
51-22 SECTION 8.03. Subchapter D, Chapter 1602, Occupations Code,
51-23 is amended to codify Rider 1 following the appropriation to the
51-24 Texas Cosmetology Commission in the General Appropriations Act for
51-25 the state fiscal biennium ending August 31, 2001, by adding Section
51-26 1602.1545 to read as follows:
51-27 Sec. 1602.1545. INTERAGENCY CONTRACT FOR INSPECTION AND
52-1 ENFORCEMENT. The commission may not spend money appropriated for
52-2 inspections unless the commission has entered into an interagency
52-3 contract with the State Board of Barber Examiners to maintain a
52-4 statewide crossover inspection and enforcement program. The
52-5 commission shall send a copy of the signed contract to the
52-6 Legislative Budget Board, the Governor's Office of Budget and
52-7 Planning, and the comptroller.
52-8 SECTION 8.04. Subchapter D, Chapter 1602, Occupations Code,
52-9 is amended to codify Rider 5 following the appropriation to the
52-10 Texas Cosmetology Commission in the General Appropriations Act for
52-11 the state fiscal biennium ending August 31, 2001, by adding Section
52-12 1602.156 to read as follows:
52-13 Sec. 1602.156. PERSON RESPONSIBLE FOR INSPECTIONS. If the
52-14 commission divides the state into districts for the purpose of
52-15 inspecting schools of cosmetology, the inspector assigned to the
52-16 district in which a school is located shall inspect the school. If
52-17 a school is located in a district to which an inspector has not
52-18 been assigned, the commission's director of enforcement may inspect
52-19 the school.
52-20 SECTION 8.05. Section 1602.151, Occupations Code, is amended
52-21 to codify Rider 7 following the appropriation to the Texas
52-22 Cosmetology Commission in the General Appropriations Act for the
52-23 state fiscal biennium ending August 31, 2001, by adding Subsection
52-24 (c) to read as follows:
52-25 (c) The commission shall adopt written policies and
52-26 procedures relating to overnight travel.
52-27 SECTION 8.06. Subchapter D, Chapter 51, Occupations Code, is
53-1 amended to codify Rider 10 following the appropriation to the Texas
53-2 Department of Licensing and Regulation in the General
53-3 Appropriations Act for the state fiscal biennium ending August 31,
53-4 2001, by adding Section 51.207 to read as follows:
53-5 Sec. 51.207. ELECTRONIC EXAMINATIONS. The department shall:
53-6 (1) identify programs regulated by the department for
53-7 which the required examinations could be offered in an electronic
53-8 medium; and
53-9 (2) develop and implement electronic examinations for
53-10 those programs.
53-11 ARTICLE 9. GENERAL PROVISIONS; EFFECTIVE DATE
53-12 SECTION 9.01. (a) This Act is enacted as part of the state's
53-13 continuing statutory revision program under Chapter 323, Government
53-14 Code. This Act is a revision for purposes of Section 43, Article
53-15 III, Texas Constitution, and has the purpose of codifying without
53-16 substantive change various provisions of Chapter 1589, Acts of the
53-17 76th Legislature, Regular Session, 1999 (the General Appropriations
53-18 Act).
53-19 (b) If any provision of this Act conflicts with another
53-20 statute enacted by the 77th Legislature, Regular Session, 2001, the
53-21 other statute controls.
53-22 SECTION 9.02. This Act takes effect August 31, 2001.