1-1 By: Ellis S.B. No. 1090
1-2 (In the Senate - Filed March 5, 2001; March 6, 2001, read
1-3 first time and referred to Committee on Finance; April 2, 2001,
1-4 reported adversely, with favorable Committee Substitute by the
1-5 following vote: Yeas 12, Nays 0; April 2, 2001, sent to printer.)
1-6 COMMITTEE SUBSTITUTE FOR S.B. No. 1090 By: Lindsay
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to codifying in general law various riders in the General
1-10 Appropriations Act.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 ARTICLE 1. RIDERS CONTAINED IN ARTICLE I OF THE GENERAL
1-13 APPROPRIATIONS ACT
1-14 SECTION 1.01. Section 815.206, Government Code, is amended
1-15 to codify Rider 2 following the appropriation to the Employees
1-16 Retirement System of Texas in the General Appropriations Act for
1-17 the state fiscal biennium ending August 31, 2001, by adding
1-18 Subsection (f) to read as follows:
1-19 (f) In addition to the other requirements of this section,
1-20 the board of trustees shall contract with an actuary to perform a
1-21 limited actuarial valuation of the assets and liabilities of the
1-22 retirement system not later than February 28 of each odd-numbered
1-23 year to determine the effect of investment, salary, and payroll
1-24 experience on:
1-25 (1) the unfunded actuarial liabilities of the
1-26 retirement system;
1-27 (2) the amortization period for the unfunded actuarial
1-28 liabilities of the retirement system; and
1-29 (3) the state contribution rate that would result in a
1-30 30-year amortization period of the retirement system.
1-31 SECTION 1.02. Subchapter B, Chapter 2205, Government Code,
1-32 is amended to codify Rider 7 following the appropriations to the
1-33 General Services Commission in the General Appropriations Act for
1-34 the state fiscal biennium ending August 31, 2001, by adding Section
1-35 2205.0345 to read as follows:
1-36 Sec. 2205.0345. MAINTENANCE OF FACILITIES AND OTHER REAL
1-37 PROPERTY. The General Services Commission shall maintain real
1-38 property, including facilities, owned by this state and used by the
1-39 board.
1-40 SECTION 1.03. Subchapter B, Chapter 2165, Government Code,
1-41 is amended to codify Rider 11 following the appropriation to the
1-42 General Services Commission in the General Appropriations Act for
1-43 the state fiscal biennium ending August 31, 2001, by adding Section
1-44 2165.057 to read as follows:
1-45 Sec. 2165.057. NOTICE TO LEGISLATOR. Before the commission
1-46 relocates a state office, executes a lease contract for a state
1-47 office, or changes a policy that affects office location in a state
1-48 legislative district, the commission shall notify each member of
1-49 the legislature who represents the district.
1-50 SECTION 1.04. Subchapter L, Chapter 481, Government Code, is
1-51 amended to codify Riders 7, 6, 8, 29, and 9 following,
1-52 respectively, the appropriations to the Parks and Wildlife
1-53 Department, the Texas Commission on the Arts, the Texas Department
1-54 of Economic Development, the Texas Department of Transportation,
1-55 and the Texas Historical Commission in the General Appropriations
1-56 Act for the state fiscal biennium ending August 31, 2001, by adding
1-57 Section 481.175 to read as follows:
1-58 Sec. 481.175. COORDINATION WITH OTHER STATE AGENCIES;
1-59 MEMORANDUM OF UNDERSTANDING. (a) The department, the Parks and
1-60 Wildlife Department, the Texas Commission on the Arts, the Texas
1-61 Department of Transportation, and the Texas Historical Commission
1-62 shall coordinate with each other on all matters, including
1-63 spending, relating to the promotion of tourism and travel.
1-64 (b) The agencies listed in Subsection (a) shall enter into a
2-1 memorandum of understanding that:
2-2 (1) details the specific travel and tourism objectives
2-3 and responsibilities of each agency; and
2-4 (2) continues to provide coordination among the
2-5 agencies in the promotion of tourism and travel.
2-6 SECTION 1.05. Section 442.005, Government Code, is amended
2-7 to codify Rider 11 following the appropriation to the Texas
2-8 Historical Commission in the General Appropriations Act for the
2-9 state fiscal biennium ending August 31, 2001, by adding Subsection
2-10 (v) to read as follows:
2-11 (v) The commission shall cooperate with the General Services
2-12 Commission for any bidding or contracting related to the
2-13 construction of capital improvements on buildings owned or
2-14 maintained by the commission.
2-15 SECTION 1.06. Chapter 443, Government Code, is amended to
2-16 codify Rider 2 following the appropriation to the State
2-17 Preservation Board in the General Appropriations Act for the state
2-18 fiscal biennium ending August 31, 2001, by adding Section 443.0153
2-19 to read as follows:
2-20 Sec. 443.0153. PAVED SURFACES ON CAPITOL GROUNDS. The Texas
2-21 Department of Transportation shall maintain paved surfaces on the
2-22 Capitol grounds according to the long-range master plan approved
2-23 under Section 443.007.
2-24 ARTICLE 2. RIDERS CONTAINED IN ARTICLE II OF THE
2-25 GENERAL APPROPRIATIONS ACT
2-26 SECTION 2.01. Subsection (d), Section 461.0124, Health and
2-27 Safety Code, is amended to codify Rider 5 following the
2-28 appropriation to the Texas Commission on Alcohol and Drug Abuse in
2-29 the General Appropriations Act for the state fiscal biennium ending
2-30 August 31, 2001, to read as follows:
2-31 (d) The plan must provide a priority for obtaining treatment
2-32 services for individuals in need of treatment who are:
2-33 (1) parents of a child in foster care;
2-34 (2) not adults and who are at risk of using or
2-35 abusing, are using or abusing, or have abused alcohol or a
2-36 controlled substance, including youth who are in the juvenile
2-37 justice system or have been referred by that system;
2-38 (3) at risk of being infected with the human
2-39 immunodeficiency virus or are infected with the human
2-40 immunodeficiency virus because of substance abuse;
2-41 (4) in the criminal justice system or have been in the
2-42 criminal justice system;
2-43 (5) at risk of institutionalization in or receive
2-44 services from a mental health facility;
2-45 (6) not adults and who are at risk of selling
2-46 controlled substances;
2-47 (7) women who are at an age when women can usually
2-48 have children; and
2-49 (8) indigent veterans who received honorable
2-50 discharges.
2-51 SECTION 2.02. Chapter 461, Health and Safety Code, is
2-52 amended to codify Rider 7 following the appropriation to the Texas
2-53 Commission on Alcohol and Drug Abuse in the General Appropriations
2-54 Act for the state fiscal biennium ending August 31, 2001, by adding
2-55 Section 461.01245 to read as follows:
2-56 Sec. 461.01245. COORDINATION OF SUPPORT SERVICES. (a) The
2-57 treatment plan for each client of the commission must contain
2-58 complete and appropriate medical, educational, and vocational
2-59 objectives to meet the client's needs.
2-60 (b) The commission shall:
2-61 (1) enter into formal agreements with other health and
2-62 human services agencies to facilitate for its clients referrals to
2-63 and access to needed ancillary services as a client's treatment
2-64 plan may provide;
2-65 (2) provide technical aids and assistance as necessary
2-66 to ensure that its clients are provided or referred to appropriate
2-67 services;
2-68 (3) monitor its contractors to measure their
2-69 performance in providing to its clients, or referring its clients
3-1 to, appropriate services; and
3-2 (4) evaluate the effects supportive services may have
3-3 in successfully achieving treatment objectives for its clients.
3-4 SECTION 2.03. Chapter 461, Health and Safety Code, is
3-5 amended to codify Rider 10 following the appropriation to the Texas
3-6 Commission on Alcohol and Drug Abuse in the General Appropriations
3-7 Act for the state fiscal biennium ending August 31, 2001, by adding
3-8 Section 461.01255 to read as follows:
3-9 Sec. 461.01255. HIV SERVICES CONTRACTING. (a) In this
3-10 section, "HIV" means human immunodeficiency virus.
3-11 (b) The contracting for HIV services by the commission shall
3-12 be as comprehensive as the contracting for those services by the
3-13 Texas Department of Health and shall include:
3-14 (1) definitions of health and support services to be
3-15 provided;
3-16 (2) licensing requirements for facilities and other
3-17 service providers;
3-18 (3) budgets, financial status reports, and standards
3-19 for financial reports;
3-20 (4) performance measures and standards;
3-21 (5) fee schedules, when applicable; and
3-22 (6) restrictions or limitations on the use of contract
3-23 funds.
3-24 SECTION 2.04. Chapter 74, Human Resources Code, is amended
3-25 to codify Rider 5 following the appropriation to the Children's
3-26 Trust Fund of Texas Council in the General Appropriations Act for
3-27 the state fiscal biennium ending August 31, 2001, by adding Section
3-28 74.0034 to read as follows:
3-29 Sec. 74.0034. CONTRACTS. (a) The council shall notify the
3-30 governor's office of a proposed contract to which the council is a
3-31 party at least 30 days before the proposed effective date of the
3-32 contract.
3-33 (b) The governor's office may disapprove the proposed
3-34 contract by informing the council of the disapproval not later than
3-35 the 30th day after the date the governor's office receives
3-36 notification of the proposed contract.
3-37 (c) The council may not spend money appropriated to the
3-38 council on a contract disapproved by the governor's office.
3-39 (d) The council may proceed with a proposed contract if the
3-40 governor's office does not inform the council that the contract has
3-41 been disapproved within the period prescribed by Subsection (b).
3-42 (e) The council may not contract:
3-43 (1) with any person required to register with the
3-44 Texas Ethics Commission under Chapter 305, Government Code; or
3-45 (2) for the purpose of obtaining services relating to
3-46 legislative monitoring, bill tracking, or any other aspect of the
3-47 legislature.
3-48 SECTION 2.05. Subchapter B, Chapter 32, Human Resources
3-49 Code, is amended to codify Rider 28 following the appropriation to
3-50 the Texas Department of Health in the General Appropriations Act
3-51 for the state fiscal biennium ending August 31, 2001, by adding
3-52 Section 32.0284 to read as follows:
3-53 Sec. 32.0284. PAYMENTS TO RURAL HOSPITALS UNDER MEDICAID
3-54 MANAGED CARE. (a) This section applies to payments made from
3-55 funds appropriated for acute care services to a rural hospital:
3-56 (1) located in a county with a population of less than
3-57 50,000;
3-58 (2) that has not more than 100 licensed beds; and
3-59 (3) is a party to a Medicaid managed care contract
3-60 entered into or renewed on or after September 1, 1997.
3-61 (b) The department shall compute the reimbursement rate for
3-62 a payment described by Subsection (a) using the higher of the
3-63 prospective payment system rate or the cost reimbursement
3-64 methodology authorized under the Tax Equity and Fiscal
3-65 Responsibility Act of 1982 (TEFRA).
3-66 (c) If the department uses the TEFRA method, the department
3-67 may not impose the TEFRA cap.
3-68 (d) The participating managed care organization shall
3-69 reimburse the hospital under a full-risk managed care pilot
4-1 project.
4-2 SECTION 2.06. Subchapter B, Chapter 32, Human Resources
4-3 Code, is amended to codify Rider 29 following the appropriation to
4-4 the Texas Department of Health in the General Appropriations Act
4-5 for the state fiscal biennium ending August 31, 2001, by adding
4-6 Section 32.0283 to read as follows:
4-7 Sec. 32.0283. PAYMENTS TO RURAL PHYSICIANS UNDER MEDICAID
4-8 MANAGED CARE. (a) This section applies to a physician who:
4-9 (1) practices in a county with a population of less
4-10 than 50,000; and
4-11 (2) is a party to a Medicaid managed care contract
4-12 entered into or renewed on or after September 1, 1997.
4-13 (b) Except as provided by Subsection (c), the department
4-14 shall reimburse a physician described by Subsection (a) at the rate
4-15 specified by the medical assistance fee schedule.
4-16 (c) If the physician is participating in a health care
4-17 delivery system that uses a full-risk managed care model, the
4-18 department shall reimburse the physician at the rate specified by
4-19 the medical assistance fee schedule, including negotiated fee for
4-20 service. If the physician is a primary care physician
4-21 participating in a health care delivery system that uses a primary
4-22 care case management system model, the department shall also pay
4-23 the physician a monthly case management fee.
4-24 SECTION 2.07. Section 32.021, Human Resources Code, is
4-25 amended to codify Rider 7e following the appropriation to the Texas
4-26 Department of Human Services in the General Appropriations Act for
4-27 the state fiscal biennium ending August 31, 2001, by adding
4-28 Subsection (p) to read as follows:
4-29 (p) The department shall encourage competition among nursing
4-30 facilities with which the department contracts.
4-31 SECTION 2.08. Subchapter D, Chapter 533, Health and Safety
4-32 Code, is amended to codify Rider 24 following the appropriation to
4-33 the Texas Department of Mental Health and Mental Retardation in the
4-34 General Appropriations Act for the state fiscal biennium ending
4-35 August 31, 2001, by adding Section 533.0845 to read as follows:
4-36 Sec. 533.0845. DISPOSITION OF SURPLUS PERSONAL PROPERTY.
4-37 (a) To conserve appropriated money, the department may transfer
4-38 surplus personal property from one facility to another with or
4-39 without reimbursement. The department may transfer surplus
4-40 personal property to a community mental health and mental
4-41 retardation center with or without reimbursement. The department
4-42 may sell or transfer surplus personal property belonging to a
4-43 department facility.
4-44 (b) The procedure provided by Chapter 2175, Government Code,
4-45 applies to a sale or transfer under this section.
4-46 (c) Notwithstanding Chapter 771, Government Code, the
4-47 department may make a sale or transfer under this section without a
4-48 contract.
4-49 SECTION 2.09. Subchapter B, Chapter 591, Health and Safety
4-50 Code, is amended to codify Rider 32 following the appropriation to
4-51 the Texas Department of Mental Health and Mental Retardation in the
4-52 General Appropriations Act for the state fiscal biennium ending
4-53 August 31, 2001, by adding Section 591.014 to read as follows:
4-54 Sec. 591.014. INFORMATION REGARDING CHOICE OF PROVIDERS OF
4-55 RESIDENTIAL SERVICES. To ensure that individuals seeking
4-56 residential services for a person with mental retardation have a
4-57 choice among available providers, the department shall inform
4-58 individuals seeking those residential services of all the available
4-59 services options, including large and small congregate living
4-60 arrangements and Medicaid services available under a federal
4-61 waiver.
4-62 ARTICLE 3. RIDERS CONTAINED IN ARTICLE III OF
4-63 THE GENERAL APPROPRIATIONS ACT
4-64 SECTION 3.01. Section 8.102, Education Code, is amended to
4-65 codify Rider 4 following the appropriation to the Texas Education
4-66 Agency in the General Appropriations Act for the state fiscal
4-67 biennium ending August 31, 2001, to read as follows:
4-68 Sec. 8.102. DATA REPORTING. (a) Each regional education
4-69 service center shall report audited or budgeted financial
5-1 information and any other information requested by the commissioner
5-2 for use in assessing the performance of the center. The
5-3 commissioner shall develop a uniform system for regional education
5-4 service centers to report audited financial data, to report
5-5 information on the indicators adopted under Section 8.101, and to
5-6 provide information on client satisfaction with services provided
5-7 under Subchapter B.
5-8 (b) The commissioner shall report information obtained under
5-9 Subsection (a) to the State Board of Education for transmittal to
5-10 the Legislative Budget Board and the Governor's Office of Budget
5-11 and Planning, accompanied by any recommendations relating to the
5-12 performance of regional education service centers.
5-13 SECTION 3.02. Section 30.003, Education Code, is amended to
5-14 codify Rider 27 following the appropriation to the Texas Education
5-15 Agency in the General Appropriations Act for the state fiscal
5-16 biennium ending August 31, 2001, by amending Subsections (d) and
5-17 (g) to read as follows:
5-18 (d) Each school district and state institution shall provide
5-19 to the commissioner the necessary information to determine the
5-20 district's share under this section. The information must be
5-21 reported to the commissioner on or before a date set by rule of the
5-22 State Board of Education. After determining the amount of a
5-23 district's share for all students for which the district is
5-24 responsible, the commissioner shall deduct that amount from the
5-25 payments of foundation school funds payable to the district. Each
5-26 deduction shall be in the same percentage of the total amount of
5-27 the district's share as the percentage of the total foundation
5-28 school fund entitlement being paid to the district at the time of
5-29 the deduction, except that the amount of any deduction may be
5-30 modified to make necessary adjustments or to correct errors. The
5-31 commissioner shall provide for remitting the amount deducted to the
5-32 appropriate school at the same time at which the remaining funds
5-33 are distributed to the district. If a district does not receive
5-34 foundation school funds or if a district's foundation school
5-35 entitlement is less than the amount of the district's share under
5-36 this section, the commissioner shall direct the district to remit
5-37 payment to the commissioner, and the commissioner shall remit the
5-38 district's share to the appropriate school. A school district that
5-39 is required to take action under Chapter 41 to reduce its wealth
5-40 per student to the equalized wealth level whose students are
5-41 enrolled in the Texas School for the Blind and Visually Impaired or
5-42 the Texas School for the Deaf shall remit the payment to the
5-43 commissioner not later than the 60th day after the date the school
5-44 district receives a voucher from the Texas School for the Blind and
5-45 Visually Impaired or the Texas School for the Deaf.
5-46 (g) The State Board of Education:
5-47 (1) shall adopt rules to ensure that each school
5-48 district that has a student enrolled in the Texas School for the
5-49 Blind and Visually Impaired or the Texas School for the Deaf share
5-50 in the cost of the student's education as required by Subsection
5-51 (a); and
5-52 (2) may adopt other rules as necessary to implement
5-53 this section.
5-54 SECTION 3.03. Section 39.073, Education Code, is amended to
5-55 codify Rider 28 following the appropriation to the Texas Education
5-56 Agency in the General Appropriations Act for the state fiscal
5-57 biennium ending August 31, 2001, by adding Subsection (f) to read
5-58 as follows:
5-59 (f) When the agency notifies a school district that the
5-60 district's accreditation status has been changed, the agency shall
5-61 also notify each state senator and state representative who
5-62 represents a legislative district that includes territory that is
5-63 within the school district.
5-64 SECTION 3.04. Subchapter E, Chapter 29, Education Code, is
5-65 amended to codify Rider 48 following the appropriation to the Texas
5-66 Education Agency in the General Appropriations Act for the state
5-67 fiscal biennium ending August 31, 2001, by adding Section 29.158 to
5-68 read as follows:
5-69 Sec. 29.158. INTERAGENCY INITIATIVES ON EARLY CHILDHOOD
6-1 EDUCATION AND CARE. The agency shall participate to the extent
6-2 practical in interagency initiatives relating to coordination and
6-3 funding of early childhood education and care, including
6-4 initiatives relating to the federal Head Start program.
6-5 SECTION 3.05. Subchapter C, Chapter 29, Education Code, is
6-6 amended to codify Rider 49 following the appropriation to the Texas
6-7 Education Agency in the General Appropriations Act for the state
6-8 fiscal biennium ending August 31, 2001, by adding Section 29.087 to
6-9 read as follows:
6-10 Sec. 29.087. PROGRAMS FOR PARENTS OF AT-RISK STUDENTS.
6-11 (a) The agency shall encourage parents of students at risk of
6-12 dropping out of school as defined by Section 29.081 to participate
6-13 in parenting programs, including:
6-14 (1) home instructional programs for preschool
6-15 children;
6-16 (2) programs for parents as teachers;
6-17 (3) parenting programs offered by the Texas
6-18 Agricultural Extension Service; and
6-19 (4) other parenting programs available in parents'
6-20 communities.
6-21 (b) The agency shall use money appropriated for providing
6-22 academic counseling and support service programs to accomplish the
6-23 purposes of Subsection (a).
6-24 SECTION 3.06. Section 31.104, Education Code, is amended to
6-25 codify Rider 54 following the appropriation to the Texas Education
6-26 Agency in the General Appropriations Act for the state fiscal
6-27 biennium ending August 31, 2001, by adding Subsection (e) to read
6-28 as follows:
6-29 (e) The agency shall assist each school district to ensure
6-30 that the appropriate textbook is available for each student
6-31 enrolled in kindergarten, first, second, or third grade in a
6-32 foundation curriculum course offered by the district.
6-33 SECTION 3.07. Section 21.048, Education Code, is amended to
6-34 codify Rider 5 following the appropriation to the State Board for
6-35 Educator Certification in the General Appropriations Act for the
6-36 state fiscal biennium ending August 31, 2001, by amending
6-37 Subsection (d) and adding Subsection (e) to read as follows:
6-38 (d) The board shall ensure that the examination for the
6-39 certification of educators in Texas (ExCET), or any similar
6-40 successor examination, is offered at multiple locations, including
6-41 at least one location within 50 miles of each location where an
6-42 educator preparation program approved by the board under Section
6-43 21.045 is provided.
6-44 (e) In this section:
6-45 (1) "Hearing impairment" means a hearing impairment so
6-46 severe that the person cannot process linguistic information with
6-47 or without amplification.
6-48 (2) "Reliability" means the extent to which an
6-49 experiment, test, or measuring procedure yields the same results on
6-50 repeated trials.
6-51 (3) "Validity" means being:
6-52 (A) well-grounded or justifiable;
6-53 (B) relevant and meaningful;
6-54 (C) correctly derived from premises or
6-55 inferences; and
6-56 (D) supported by objective truth or generally
6-57 accepted authority.
6-58 SECTION 3.08. Subchapter A, Chapter 30, Education Code, is
6-59 amended to codify Rider 6 of the special provisions for the Texas
6-60 School for the Blind and Visually Impaired and Texas School for the
6-61 Deaf in the General Appropriations Act for the state fiscal
6-62 biennium ending August 31, 2001, by adding Section 30.006 to read
6-63 as follows:
6-64 Sec. 30.006. FEE FOR ASSESSMENT OF STUDENT BY TEXAS SCHOOL
6-65 FOR THE BLIND AND VISUALLY IMPAIRED OR TEXAS SCHOOL FOR THE DEAF.
6-66 If the Texas School for the Blind and Visually Impaired or the
6-67 Texas School for the Deaf performs an assessment of a student, that
6-68 school shall impose on the school district in which the student
6-69 resides a fee in a reasonable amount to cover the cost to the
7-1 school of performing the assessment. The school shall make a
7-2 reasonable effort to collect a fee imposed under this section.
7-3 SECTION 3.09. Section 825.206, Government Code, is amended
7-4 to codify Rider 2 following the appropriation to the Teacher
7-5 Retirement System of Texas in the General Appropriations Act for
7-6 the state fiscal biennium ending August 31, 2001, by adding
7-7 Subsection (g) to read as follows:
7-8 (g) In addition to the other requirements of this section,
7-9 the board of trustees shall contract with an actuary to perform a
7-10 limited actuarial valuation of the assets and liabilities of the
7-11 retirement system not later than February 28 of each odd-numbered
7-12 year to determine the effect of investment, salary, and payroll
7-13 experience on:
7-14 (1) the unfunded liability of the retirement system;
7-15 (2) the amortization period of the retirement system;
7-16 and
7-17 (3) the state contribution rate that would result in a
7-18 30-year amortization period of the retirement system.
7-19 SECTION 3.10. Subchapter B, Chapter 2205, Government Code,
7-20 is amended to codify Rider 2 following the appropriation to The
7-21 University of Texas System Administration and Rider 4 following the
7-22 appropriation to The University of Texas Medical Branch at
7-23 Galveston in the General Appropriations Act for the state fiscal
7-24 biennium ending August 31, 2001, by adding Section 2205.0331 to
7-25 read as follows:
7-26 Sec. 2205.0331. UNIVERSITY OF TEXAS SYSTEM AIRCRAFT.
7-27 (a) The University of Texas System may acquire, operate, maintain,
7-28 and replace a passenger airplane. The system may purchase the
7-29 airplane if the system is unable to acquire the airplane by gift.
7-30 If the system purchases the airplane, the airplane is subject to
7-31 the authority of the board under this chapter. The system may use
7-32 money allocated to the system from the available university fund to
7-33 pay for the cost of acquiring, operating, maintaining, or replacing
7-34 the airplane.
7-35 (b) The University of Texas Medical Branch at Galveston may
7-36 lease and operate a helicopter to transport critically ill or
7-37 emergency patients to the medical branch hospitals. The medical
7-38 branch may not use state funds to operate the helicopter unless:
7-39 (1) the helicopter is used:
7-40 (A) to transport an indigent patient; or
7-41 (B) to transport a patient pursuant to an
7-42 interagency contract; or
7-43 (2) the cost of operating the helicopter is reimbursed
7-44 by insurance proceeds.
7-45 (c) The University of Texas System may lease additional
7-46 aircraft on a short-term basis as needed.
7-47 SECTION 3.11. To conform to the codification as Section
7-48 2205.0331, Government Code, of Rider 2 following the appropriation
7-49 to The University of Texas System Administration and Rider 4
7-50 following the appropriation to The University of Texas Medical
7-51 Branch at Galveston in the General Appropriations Act for the state
7-52 fiscal biennium ending August 31, 2001, Subsection (a), Section
7-53 2205.031, Government Code, is amended to read as follows:
7-54 (a) This chapter applies to all aircraft owned or leased by
7-55 the state, except as provided by Sections [Section] 2205.033 and
7-56 2205.0331.
7-57 SECTION 3.12. Section 87.004, Education Code, is amended to
7-58 codify Rider 2 following the appropriation to Tarleton State
7-59 University in the General Appropriations Act for the state fiscal
7-60 biennium ending August 31, 2001, by adding Subsections (g) and (h)
7-61 to read as follows:
7-62 (g) The institute shall monitor the water quality in the
7-63 Bosque River and report the data collected to the Texas Natural
7-64 Resource Conservation Commission not later than February 1 and July
7-65 1 of each year. The institute shall coordinate the collection and
7-66 reporting of data to conform with protocols of the commission.
7-67 (h) The institute, the Texas Natural Resource Conservation
7-68 Commission, and other appropriate entities shall cooperate with
7-69 each other and avoid duplication of efforts in water quality
8-1 monitoring the institute conducts.
8-2 SECTION 3.13. Subchapter A, Chapter 74, Education Code, is
8-3 amended to codify certain provisions of Rider 3 following the
8-4 appropriation to The University of Texas Medical Branch at
8-5 Galveston in the General Appropriations Act for the state fiscal
8-6 biennium ending August 31, 2001, by adding Section 74.009 to read
8-7 as follows:
8-8 Sec. 74.009. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
8-9 board of regents may set reasonable rates to be charged and
8-10 collected by hospitals of the medical branch and may accept gifts
8-11 and donations for the support and maintenance of those hospitals.
8-12 (b) The board of regents may use not more than $5 million of
8-13 local revenue each year to match any gift made to endowments of the
8-14 medical branch, if the use of the local revenue for that purpose
8-15 does not:
8-16 (1) result in a reduction of service levels for
8-17 patients; or
8-18 (2) require general revenue to replace that local
8-19 revenue.
8-20 (c) A project initiated under Subsection (b) may not be
8-21 structured so that it will require future specific appropriation of
8-22 general revenue.
8-23 (d) This section does not authorize the board of regents,
8-24 without prior specific approval of the legislature, to accept real
8-25 property that would require a legislative appropriation for the
8-26 maintenance, repair, or construction of buildings.
8-27 SECTION 3.14. Subchapter K, Chapter 74, Education Code, is
8-28 amended to codify Rider 2 following the appropriation to The
8-29 University of Texas Health Science Center at Tyler in the General
8-30 Appropriations Act for the state fiscal biennium ending August 31,
8-31 2001, by adding Section 74.604 to read as follows:
8-32 Sec. 74.604. PATIENT CHARGES; GIFTS AND GRANTS. (a) The
8-33 board of regents shall set reasonable rates to be charged and
8-34 collected from paying patients of The University of Texas Health
8-35 Science Center at Tyler and may enter into contracts for the
8-36 hospitalization of indigent persons.
8-37 (b) The board of regents may accept gifts and donations for
8-38 the support and maintenance of the health science center. This
8-39 subsection does not authorize the board of regents, without prior
8-40 specific approval of the legislature, to accept real property that
8-41 would require a legislative appropriation for the maintenance,
8-42 repair, or construction of buildings.
8-43 SECTION 3.15. Subchapter B, Chapter 86, Education Code, is
8-44 amended to codify Rider 2 following the appropriation to The Texas
8-45 A&M University Health Science Center in the General Appropriations
8-46 Act for the state fiscal biennium ending August 31, 2001, by adding
8-47 Section 86.25 to read as follows:
8-48 Sec. 86.25. TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER
8-49 AFFILIATION WITH HEALTH FACILITIES. (a) The Texas A&M University
8-50 Health Science Center may unite with Scott & White Clinic, Scott &
8-51 White Memorial Hospital, and the Scott, Sherwood and Brindley
8-52 Foundation as its long-term primary partners for high-quality
8-53 clinical education and research for the benefit of the people of
8-54 this state.
8-55 (b) The Texas A&M University Health Science Center may
8-56 collaborate with the Central Texas Veterans Health Care System,
8-57 Darnall Army Community Hospital, and Driscoll Children's Hospital.
8-58 SECTION 3.16. Section 321.0137, Government Code, is amended
8-59 to codify Rider 4 following the appropriation to public
8-60 community/junior colleges in the General Appropriations Act for the
8-61 state fiscal biennium ending August 31, 2001, by adding Subsection
8-62 (c) to read as follows:
8-63 (c) In an independent audit of a junior college district
8-64 that receives an appropriation under the General Appropriations
8-65 Act, the state auditor shall determine whether that district has
8-66 complied with the eligibility requirements for receiving the
8-67 appropriation and any limitations on the expenditure of the
8-68 appropriation prescribed by the General Appropriations Act.
9-1 ARTICLE 4. RIDERS CONTAINED IN ARTICLE IV OF THE
9-2 GENERAL APPROPRIATIONS ACT
9-3 SECTION 4.01. Chapter 91, Government Code, is amended to
9-4 codify Rider 3 following the appropriation to the State Law Library
9-5 in the General Appropriations Act for the state fiscal biennium
9-6 ending August 31, 2001, by adding Section 91.010 to read as
9-7 follows:
9-8 Sec. 91.010. COMPUTER-BASED LEGAL RESEARCH SERVICE.
9-9 (a) The library may enter into interagency contracts with other
9-10 state agencies and courts to provide a computer-based legal
9-11 research service.
9-12 (b) The library shall charge a fee for the service in an
9-13 amount equal to the cost to the library of providing the service.
9-14 SECTION 4.02. Subchapter C, Chapter 22, Government Code, is
9-15 amended to codify Rider 5, of Article IV, Special
9-16 Provisions-Judiciary, in the General Appropriations Act for the
9-17 state fiscal biennium ending August 31, 2001, by adding Section
9-18 22.229 to read as follows:
9-19 Sec. 22.229. TRANSFER OF CASES. The chief justice of each
9-20 court of appeals shall cooperate with the chief justice of the
9-21 supreme court in transferring cases between courts of appeals in
9-22 adjacent jurisdictions to equalize the disparity in workloads of
9-23 the courts of appeals.
9-24 SECTION 4.03. Subchapter D, Chapter 22, Government Code, is
9-25 amended to codify Rider 6 following the appropriation to the
9-26 Article IV Special Provisions-Judiciary in the General
9-27 Appropriations Act for the state fiscal biennium ending August 31,
9-28 2001, by adding Section 22.303 to read as follows:
9-29 Sec. 22.303. VOICE OR VIDEO RECORDING. (a) The supreme
9-30 court and the court of criminal appeals shall jointly adopt rules
9-31 authorizing the use of voice or video recording technology,
9-32 including CD-ROM, to make a record of court proceedings.
9-33 (b) Rules adopted under Subsection (a) may not authorize the
9-34 use of voice or video recording technology as a substitute for a
9-35 written transcript.
9-36 ARTICLE 5. RIDERS CONTAINED IN ARTICLE V OF THE
9-37 GENERAL APPROPRIATIONS ACT
9-38 SECTION 5.01. Subchapter B, Chapter 431, Government Code, is
9-39 amended to codify Rider 9 following the appropriation to the
9-40 adjutant general's department in the General Appropriations Act for
9-41 the state fiscal biennium ending August 31, 2001, by adding Section
9-42 431.0301 to read as follows:
9-43 Sec. 431.0301. ROAD CONSTRUCTION AND MAINTENANCE AT CAMP
9-44 MABRY. The Texas Department of Transportation shall construct,
9-45 repair, and maintain roads in Camp Mabry in Austin and roads
9-46 providing access to and from Camp Mabry.
9-47 SECTION 5.02. Subchapter A, Chapter 5, Alcoholic Beverage
9-48 Code, is amended to codify Rider 5 following the appropriation to
9-49 the Alcoholic Beverage Commission in the General Appropriations Act
9-50 for the state fiscal biennium ending August 31, 2001, by adding
9-51 Section 5.19 to read as follows:
9-52 Sec. 5.19. COMMISSION AS STATE POLICE AGENCY. For the
9-53 purposes of application to the federal government for a license,
9-54 permit, or other authorization, including a radio frequency, or for
9-55 law enforcement assistance grants, the commission is a state police
9-56 agency.
9-57 SECTION 5.03. Subchapter A, Chapter 5, Alcoholic Beverage
9-58 Code, is amended to codify Rider 9 following the appropriation to
9-59 the Alcoholic Beverage Commission in the General Appropriations Act
9-60 for the state fiscal biennium ending August 31, 2001, by adding
9-61 Section 5.143 to read as follows:
9-62 Sec. 5.143. TRAINING OF INSPECTORS AND REPRESENTATIVES. The
9-63 commission, as part of the initial and ongoing training of the
9-64 agency's commissioned inspectors and representatives, shall
9-65 emphasize the evidentiary threshold required in the prosecution of
9-66 criminal cases as it applies to minors in possession of alcoholic
9-67 beverages.
9-68 SECTION 5.04. Subchapter A, Chapter 496, Government Code, is
9-69 amended to codify Rider 8 following the appropriation to the Texas
10-1 Department of Criminal Justice in the General Appropriations Act
10-2 for the state fiscal biennium ending August 31, 2001, by adding
10-3 Section 496.008 to read as follows:
10-4 Sec. 496.008. REVIEW OF CONSTRUCTION CHANGE ORDERS. The
10-5 department shall, on review of a change order, develop a procedure
10-6 to determine the cause of the change order and document the cause
10-7 of the change order in the project file. If the department
10-8 determines that the change was caused by the error or omission of a
10-9 contracted party, the department shall hold the party financially
10-10 responsible.
10-11 SECTION 5.05. Chapter 493, Government Code, is amended to
10-12 codify Rider 14 following the appropriation to the Texas Department
10-13 of Criminal Justice in the General Appropriations Act for the state
10-14 fiscal biennium ending August 31, 2001, by adding Section 493.026
10-15 to read as follows:
10-16 Sec. 493.026. PAYROLL DEDUCTIONS. The department shall use
10-17 a payroll deduction program, in circumstances in which a deduction
10-18 is practical, to collect money owed the department by employees for
10-19 meals and other services.
10-20 SECTION 5.06. Subchapter E, Chapter 497, Government Code, is
10-21 amended to codify Rider 18 following the appropriation to the Texas
10-22 Department of Criminal Justice in the General Appropriations Act
10-23 for the state fiscal biennium ending August 31, 2001, by adding
10-24 Section 497.098 to read as follows:
10-25 Sec. 497.098. LABOR FOR PERSONAL SERVICES PROHIBITED.
10-26 Inmate labor may not be used to provide personal services to an
10-27 employee of the department. This section does not apply to the use
10-28 of inmate labor to maintain state property.
10-29 SECTION 5.07. Chapter 493, Government Code, is amended to
10-30 codify Rider 22 following the appropriation to the Texas Department
10-31 of Criminal Justice in the General Appropriations Act for the state
10-32 fiscal biennium ending August 31, 2001, by adding Section 493.0071
10-33 to read as follows:
10-34 Sec. 493.0071. EMPLOYEE CONFLICT OF INTEREST. The
10-35 department may not employ a person who, in the course of the
10-36 person's official duties as a department employee, conducts
10-37 business with an individual or firm in which the person has a
10-38 direct or indirect financial interest.
10-39 SECTION 5.08. Chapter 493, Government Code, is amended to
10-40 codify Rider 23 following the appropriation to the Texas Department
10-41 of Criminal Justice in the General Appropriations Act for the state
10-42 fiscal biennium ending August 31, 2001, by adding Section 493.0075
10-43 to read as follows:
10-44 Sec. 493.0075. DISCIPLINARY AND GRIEVANCE PROCEDURES.
10-45 (a) The board shall maintain disciplinary procedures that allow a
10-46 department employee to designate a person of the employee's choice
10-47 to represent the employee in a hearing held to consider
10-48 disciplinary action against the employee.
10-49 (b) The board shall maintain grievance procedures that:
10-50 (1) attempt to solve problems through a process that
10-51 recognizes the employee's right to bring a grievance under this
10-52 section; and
10-53 (2) recognize an employee's right to independent
10-54 mediation or independent nonbinding arbitration of an
10-55 employer-employee dispute resulting in the employee's termination
10-56 or recommended termination.
10-57 (c) A disciplinary or grievance hearing at which a
10-58 department employee serves as an employee representative must be
10-59 held during normal business hours on a weekday, unless the employer
10-60 and employee agree on a different time. An employee who is the
10-61 subject of a disciplinary or grievance hearing shall attend the
10-62 hearing as a regular duty of employment. An employee
10-63 representative who is a department employee must obtain prior
10-64 approval to use unpaid leave to attend a hearing.
10-65 SECTION 5.09. Chapter 60, Code of Criminal Procedure, is
10-66 amended to codify Rider 35 following the appropriation to the Texas
10-67 Department of Criminal Justice in the General Appropriations Act
10-68 for the state fiscal biennium ending August 31, 2001, by adding
10-69 Article 60.053 to read as follows:
11-1 Art. 60.053. MANAGEMENT OF OFFENDER INFORMATION. The Texas
11-2 Department of Criminal Justice shall automate, to the greatest
11-3 extent feasible, the management of information relating to
11-4 offenders. To accomplish this objective, the Texas Department of
11-5 Criminal Justice may enter into a contract for automation or
11-6 reengineering assistance on receiving approval from the Department
11-7 of Information Resources.
11-8 SECTION 5.10. Subchapter B, Chapter 496, Government Code, is
11-9 amended to codify Rider 39 following the appropriation to the Texas
11-10 Department of Criminal Justice in the General Appropriations Act
11-11 for the state fiscal biennium ending August 31, 2001, by adding
11-12 Section 496.0511 to read as follows:
11-13 Sec. 496.0511. PURCHASE OF SERVICES, INMATE CARE THROUGH
11-14 PROPOSAL PROCESS. (a) The department may purchase treatment
11-15 services, residential services, and inmate care through a request
11-16 for proposal process.
11-17 (b) The department shall:
11-18 (1) negotiate purchases of services and care described
11-19 by Subsection (a) at fair and reasonable prices that do not exceed
11-20 maximums provided by law; and
11-21 (2) select providers on the basis of each provider's
11-22 qualifications and demonstrated competence.
11-23 SECTION 5.11. Subchapter Z, Chapter 51, Education Code, is
11-24 amended to codify Rider 49 following the appropriation to the Texas
11-25 Department of Criminal Justice in the General Appropriations Act
11-26 for the state fiscal biennium ending August 31, 2001, by adding
11-27 Section 51.949 to read as follows:
11-28 Sec. 51.949. INMATE OF TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
11-29 An inmate confined in a facility operated by or under a contract
11-30 with the Texas Department of Criminal Justice is classified as a
11-31 resident of this state for educational purposes at an institution
11-32 of higher education.
11-33 SECTION 5.12. Subchapter C, Chapter 501, Government Code, is
11-34 amended to codify Rider 50 following the appropriation to the Texas
11-35 Department of Criminal Justice in the General Appropriations Act
11-36 for the state fiscal biennium ending August 31, 2001, by adding
11-37 Section 501.098 to read as follows:
11-38 Sec. 501.098. AVAILABILITY OF POSTSECONDARY EDUCATIONAL
11-39 COURSE TO INMATE. (a) A postsecondary educational course is
11-40 available only to an inmate who demonstrates:
11-41 (1) a clear and convincing record of rehabilitation
11-42 during the inmate's period of imprisonment;
11-43 (2) an interest in a field of study that would enhance
11-44 the inmate's performance of specified, productive prison tasks
11-45 during that period; and
11-46 (3) an aptitude and ability to undertake a course of
11-47 study at the postsecondary level.
11-48 (b) If released on parole or mandatory supervision, an
11-49 inmate shall reimburse as a condition of parole or mandatory
11-50 supervision the cost of a course of study undertaken by the inmate
11-51 under this section.
11-52 (c) The department may not provide in-cell tutoring for an
11-53 inmate who is confined in administrative segregation.
11-54 SECTION 5.13. Section 419.027, Government Code, is amended
11-55 to codify Rider 4 following the appropriation to the Texas
11-56 Commission on Fire Protection in the General Appropriations Act for
11-57 the state fiscal biennium ending August 31, 2001, to read as
11-58 follows:
11-59 Sec. 419.027. BIENNIAL INSPECTIONS. (a) At least
11-60 biennially, the commission shall visit and inspect each institution
11-61 or facility conducting courses for training fire protection
11-62 personnel and recruits, each fire department, and each local
11-63 governmental agency providing fire protection to determine if the
11-64 department, agency, institution, or facility is complying with this
11-65 chapter and commission rules.
11-66 (b) When conducting an inspection of a fire department, the
11-67 commission may not provide prior notice of the inspection to the
11-68 fire department.
11-69 SECTION 5.14. Subchapter A, Chapter 419, Government Code, is
12-1 amended to codify Rider 6 following the appropriation to the Texas
12-2 Commission on Fire Protection in the General Appropriations Act for
12-3 the state fiscal biennium ending August 31, 2001, by adding Section
12-4 419.0092 to read as follows:
12-5 Sec. 419.0092. STANDARDS COMPLIANCE OFFICERS. The
12-6 commission shall appoint one person from the staff of each regional
12-7 office to serve as the standards compliance officer.
12-8 SECTION 5.15. Subchapter C, Chapter 141, Human Resources
12-9 Code, is amended to codify Rider 16 following the appropriation to
12-10 the Texas Juvenile Probation Commission in the General
12-11 Appropriations Act for the state fiscal biennium ending August 31,
12-12 2001, by adding Section 141.04315 to read as follows:
12-13 Sec. 141.04315. TRAINING FOR PLACEMENT UNDER PROGRESSIVE
12-14 SANCTIONS GUIDELINES. The commission shall provide training to
12-15 maximize the appropriate placement of juvenile offenders under the
12-16 progressive sanctions guidelines in Chapter 59, Family Code, to:
12-17 (1) personnel of local juvenile probation departments;
12-18 and
12-19 (2) judges of the juvenile courts.
12-20 SECTION 5.16. Subchapter B, Chapter 1702, Occupations Code,
12-21 is amended to codify Rider 4 following the appropriation to the
12-22 Texas Commission on Private Security, referred to as the Board of
12-23 Private Investigators and Private Security Agencies, in the General
12-24 Appropriations Act for the state fiscal biennium ending August 31,
12-25 2001, by adding Section 1702.0291 to read as follows:
12-26 Sec. 1702.0291. MEETING LOCATION. A commission meeting may
12-27 be held only at a state facility in Austin.
12-28 SECTION 5.17. Subchapter A, Chapter 411, Government Code, is
12-29 amended to codify Rider 3 following the appropriation to the
12-30 Department of Public Safety in the General Appropriations Act for
12-31 the state fiscal biennium ending August 31, 2001, by adding Section
12-32 411.0135 to read as follows:
12-33 Sec. 411.0135. USE OF MOTOR VEHICLE FOR PURPOSE OTHER THAN
12-34 OFFICIAL BUSINESS. The director may not authorize more than 30
12-35 officers or employees of the department to use a state-owned or
12-36 state-leased motor vehicle to commute to and from work under
12-37 Section 2113.013.
12-38 SECTION 5.18. Subchapter A, Chapter 411, Government Code, is
12-39 amended to codify Rider 4 following the appropriation to the
12-40 Department of Public Safety in the General Appropriations Act for
12-41 the state fiscal biennium ending August 31, 2001, by adding Section
12-42 411.0079 to read as follows:
12-43 Sec. 411.0079. RECORD OF SUPERVISORY RESPONSES TO EMERGENCY
12-44 CALLS. (a) The department shall maintain, for each fiscal year, a
12-45 record of the number of emergency calls to which a supervisory
12-46 officer above the rank of lieutenant responded from:
12-47 (1) the officer's private residence; or
12-48 (2) the officer's district headquarters or station.
12-49 (b) The department shall clearly identify the nature of each
12-50 emergency call included in the record.
12-51 SECTION 5.19. Section 411.014, Government Code, is amended
12-52 to codify Rider 20 following the appropriation to the Department of
12-53 Public Safety in the General Appropriations Act for the state
12-54 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
12-55 read as follows:
12-56 (c) The department may allow the Texas Department of Public
12-57 Safety Historical Museum to use department property for a
12-58 historical museum.
12-59 SECTION 5.20. Chapter 750, Transportation Code, is amended
12-60 to codify Rider 22 following the appropriation to the Department of
12-61 Public Safety in the General Appropriations Act for the state
12-62 fiscal biennium ending August 31, 2001, by adding Section 750.001
12-63 to read as follows:
12-64 Sec. 750.001. STRANDED MOTORIST ASSISTANCE. (a) The
12-65 Department of Public Safety is the lead state agency to help
12-66 motorists whose vehicles are disabled on state or federal roads.
12-67 The department shall obtain the cooperation of the Texas Department
12-68 of Transportation and all other relevant state agencies and
12-69 coordinate its efforts with all local law enforcement agencies and
13-1 interested private businesses.
13-2 (b) As part of its duties under this section, the Department
13-3 of Public Safety shall establish and publicize a toll-free number
13-4 and a universal distress signal for motorists who need assistance.
13-5 SECTION 5.21. Section 61.033, Human Resources Code, is
13-6 amended to codify Rider 12 following the appropriation to the Texas
13-7 Youth Commission in the General Appropriations Act for the state
13-8 fiscal biennium ending August 31, 2001, to read as follows:
13-9 Sec. 61.033. ANNUAL [FINANCIAL] REPORT. (a) The commission
13-10 shall prepare annually a complete and detailed written report:
13-11 (1) accounting for all funds received and disbursed by
13-12 the commission during the preceding fiscal year; and
13-13 (2) assessing the effectiveness of providing
13-14 specialized treatment to children, including an assessment of the
13-15 rearrest rates of children who receive specialized treatment.
13-16 (b) The annual report must meet the reporting requirements
13-17 applicable to financial reporting provided in the General
13-18 Appropriations Act.
13-19 ARTICLE 6. RIDERS CONTAINED IN ARTICLE VI OF THE
13-20 GENERAL APPROPRIATIONS ACT
13-21 SECTION 6.01. Section 12.0144, Agriculture Code, is amended
13-22 to codify Rider 5 following the appropriation to the Department of
13-23 Agriculture in the General Appropriations Act for the state fiscal
13-24 biennium ending August 31, 2001, to read as follows:
13-25 Sec. 12.0144. FEE SCHEDULE. (a) The department shall by
13-26 rule adopt a schedule for all fees set by the department under this
13-27 code. Except as provided by Subsection (b) [for those activities
13-28 exempted in the General Appropriations Act], the department shall
13-29 set fees in an amount which offsets, when feasible, all of the
13-30 direct and indirect state costs of administering its regulatory
13-31 activities.
13-32 (b) The cost offset requirement established by Subsection
13-33 (a) does not apply to:
13-34 (1) seed testing;
13-35 (2) quarantine enforcement and education;
13-36 (3) piece rate crop surveying;
13-37 (4) activities conducted under the pest management
13-38 program;
13-39 (5) activities conducted under the Agricultural Hazard
13-40 Communication Act, Chapter 125, Agriculture Code;
13-41 (6) cotton pest eradication activities; and
13-42 (7) activities conducted under the predatory
13-43 management program.
13-44 SECTION 6.02. Section 61.067, Natural Resources Code, is
13-45 amended to codify Rider 12 following the appropriation to the
13-46 General Land Office in the General Appropriations Act for the state
13-47 fiscal biennium ending August 31, 2001, by adding Subsection (f) to
13-48 read as follows:
13-49 (f) The land office may use trusty inmates provided by the
13-50 institutional division of the Texas Department of Criminal Justice
13-51 to clean and maintain public beaches.
13-52 SECTION 6.03. Subchapter D, Chapter 5, Water Code, is
13-53 amended to codify Rider 3 following the appropriation to the Texas
13-54 Natural Resource Conservation Commission in the General
13-55 Appropriations Act for the state fiscal biennium ending August 31,
13-56 2001, by adding Section 5.127 to read as follows:
13-57 Sec. 5.127. AUTHORITY TO CHARTER AIRCRAFT. The commission
13-58 may spend appropriated money to charter aircraft for monitoring
13-59 environmental quality and enforcing state environmental and water
13-60 rights laws.
13-61 SECTION 6.04. Section 5.235, Water Code, is amended to
13-62 codify in part Rider 5 following the appropriation to the Texas
13-63 Natural Resource Conservation Commission in the General
13-64 Appropriations Act for the state fiscal biennium ending August 31,
13-65 2001, by adding Subsection (p) to read as follows:
13-66 (p) A fee charged under Subsection (b) or (c) may not exceed
13-67 $2,000.
13-68 SECTION 6.05. Section 382.062, Health and Safety Code, is
13-69 amended to codify in part Rider 5 following the appropriation to
14-1 the Texas Natural Resource Conservation Commission in the General
14-2 Appropriations Act for the state fiscal biennium ending August 31,
14-3 2001, by amending Subsection (d) to read as follows:
14-4 (d) A fee assessed under this section may not be less than
14-5 $25 or more than $80,000 [$75,000].
14-6 SECTION 6.06. Subchapter B, Chapter 11, Parks and Wildlife
14-7 Code, is amended to codify Rider 13 following the appropriation to
14-8 the Parks and Wildlife Department in the General Appropriations Act
14-9 for the state fiscal biennium ending August 31, 2001, by adding
14-10 Section 11.0202 to read as follows:
14-11 Sec. 11.0202. CLOTHING PROVISION. The department may not
14-12 provide a clothing or cleaning allowance to any nonuniformed
14-13 personnel. The department may provide a cleaning allowance not to
14-14 exceed $500 per year to an employee required to wear a uniform.
14-15 ARTICLE 7. RIDERS CONTAINED IN ARTICLE VII OF THE
14-16 GENERAL APPROPRIATIONS ACT
14-17 SECTION 7.01. Subchapter A, Chapter 481, Government Code, is
14-18 amended to codify Rider 11 following the appropriation to the Texas
14-19 Department of Economic Development in the General Appropriations
14-20 Act for the state fiscal biennium ending August 31, 2001, by adding
14-21 Section 481.0064 to read as follows:
14-22 Sec. 481.0064. DEFENSE INFRASTRUCTURE SUPPORT. (a) The
14-23 department shall prepare annually a plan stating in detail the
14-24 department's intended action to support the defense infrastructure
14-25 of the economy of this state. The plan must contain information
14-26 stating in detail the department's proactive strategy for providing
14-27 support to the defense industry in this state, including:
14-28 (1) the manner in which the strategy will be
14-29 implemented;
14-30 (2) the results to be achieved; and
14-31 (3) the manner in which the results will be measured
14-32 and evaluated.
14-33 (b) The department shall make the plan available to the
14-34 legislature at the beginning of each fiscal year.
14-35 (c) The department shall also prepare a quarterly report
14-36 stating in detail the economic effect of the military and civilian
14-37 defense industry on the economy of this state.
14-38 SECTION 7.02. Subchapter A, Chapter 2306, Government Code,
14-39 is amended to codify Rider 2 following the appropriation to the
14-40 Texas Department of Housing and Community Affairs in the General
14-41 Appropriations Act for the state fiscal biennium ending August 31,
14-42 2001, by adding Section 2306.008 to read as follows:
14-43 Sec. 2306.008. CONTRACT REPORTING REQUIREMENT. (a) A party
14-44 that enters into a contract with the department shall provide a
14-45 full accounting of state money expended under the terms of the
14-46 contract to the director not later than the 90th day after the date
14-47 the contract is concluded or, at the option of the party
14-48 contracting with the department, not later than the 90th day after
14-49 the date of conclusion of that contracting party's fiscal year
14-50 during which the contract was in force.
14-51 (b) All contracts entered into by the department must state
14-52 the reporting requirement provided by Subsection (a).
14-53 (c) The failure of a party contracting with the department
14-54 to provide the full accounting of expended state money as required
14-55 by Subsection (a) is sufficient reason for the department to
14-56 terminate the contract and to deny any future contracts to that
14-57 contracting party.
14-58 SECTION 7.03. Subchapter Z, Chapter 2306, Government Code,
14-59 is amended to codify Rider 4 following the appropriation to the
14-60 Texas Department of Housing and Community Affairs in the General
14-61 Appropriations Act for the state fiscal biennium ending August 31,
14-62 2001, by adding Section 2306.590 to read as follows:
14-63 Sec. 2306.590. COORDINATION WITH TEXAS WATER DEVELOPMENT
14-64 BOARD. The department and the Texas Water Development Board shall
14-65 coordinate funds, as outlined in a memorandum of understanding, to:
14-66 (1) assure that appropriated funds are not:
14-67 (A) expended in a way that encourages the
14-68 proliferation of colonias; or
14-69 (B) used in any other way that is inconsistent
15-1 with the intent of the economically distressed areas program
15-2 operated by the Texas Water Development Board under Subchapter K,
15-3 Chapter 17, Water Code;
15-4 (2) maximize delivery of the funds; and
15-5 (3) minimize administrative delay in the funds'
15-6 expenditure.
15-7 SECTION 7.04. Subchapter A, Chapter 2306, Government Code,
15-8 is amended to codify in part Rider 9 following the appropriation to
15-9 the Texas Department of Housing and Community Affairs in the
15-10 General Appropriations Act for the state fiscal biennium ending
15-11 August 31, 2001, by adding Section 2306.009 to read as follows:
15-12 Sec. 2306.009. SCORING CRITERIA. The department shall
15-13 integrate into any scoring system used to award contracts for the
15-14 construction, acquisition, or rehabilitation of single-family or
15-15 multifamily housing, or contracts for the operation of multifamily
15-16 housing, scoring criteria that reward contract proposals that
15-17 include the provision of comprehensive services to low-income
15-18 residents of this state, including services related to case
15-19 management, homebuyer assistance, and family budgeting.
15-20 SECTION 7.05. Section 2306.358, Government Code, is amended
15-21 to codify in part Rider 9 following the appropriation to the Texas
15-22 Department of Housing and Community Affairs in the General
15-23 Appropriations Act for the state fiscal biennium ending August 31,
15-24 2001, by adding Subsection (i) to read as follows:
15-25 (i) To the extent practicable, the department shall develop
15-26 a sliding scale fee schedule applicable to the issuance of
15-27 qualified 501(c)(3) bonds described by this section to encourage
15-28 increased participation in the bond program by nonprofit entities,
15-29 including community housing development organizations.
15-30 SECTION 7.06. Section 2306.677, Government Code, is amended
15-31 to codify in part Rider 9 following the appropriation to the Texas
15-32 Department of Housing and Community Affairs in the General
15-33 Appropriations Act for the state fiscal biennium ending August 31,
15-34 2001, by amending Subsection (a) and adding Subsection (c) to read
15-35 as follows:
15-36 (a) A fee charged by the department to an applicant for a
15-37 low income housing tax credit may not be excessive and, except as
15-38 provided by Subsection (c), must reflect the department's actual
15-39 costs in processing applications and providing copies of documents
15-40 in connection with the allocation process.
15-41 (c) To the extent practicable, the department shall develop
15-42 a sliding scale fee schedule for applications submitted under this
15-43 subchapter to encourage increased participation in the low income
15-44 housing tax credit program by nonprofit entities, including
15-45 community housing development organizations.
15-46 SECTION 7.07. Subchapter H, Chapter 2306, Government Code,
15-47 is amended to codify Rider 13 following the appropriation to the
15-48 Texas Department of Housing and Community Affairs in the General
15-49 Appropriations Act for the state fiscal biennium ending August 31,
15-50 2001, by adding Section 2306.1801 to read as follows:
15-51 Sec. 2306.1801. MORTGAGE REVENUE BOND PROGRAM FOR FIRST-TIME
15-52 HOMEBUYERS. (a) Through the mortgage revenue bond program for
15-53 first-time homebuyers, the department shall maximize the creation
15-54 of single family housing for individuals and families of very low
15-55 income by setting aside for a period of one year at least 30
15-56 percent of the lendable bond proceeds for individuals and families
15-57 with incomes at or below 60 percent of the area median family
15-58 income.
15-59 (b) The department shall use down payment and closing cost
15-60 assistance or other methods of assistance to facilitate the
15-61 origination of single family mortgage loans to individuals and
15-62 families with incomes at or below 60 percent of the area median
15-63 family income.
15-64 (c) The department shall manage the mortgage revenue bond
15-65 program for first-time homebuyers in a manner that will obtain the
15-66 highest reasonable bond rating.
15-67 SECTION 7.08. Section 201.403, Transportation Code, is
15-68 amended to codify Rider 13 following the appropriation to the Texas
15-69 Department of Transportation in the General Appropriations Act for
16-1 the state fiscal biennium ending August 31, 2001, by adding
16-2 Subsection (e) to read as follows:
16-3 (e) The department shall implement the policy statement
16-4 prepared under Section 201.402(a) to hire qualified minority
16-5 applicants for supervisory or management positions and to promote
16-6 qualified minority employees into supervisory or management
16-7 positions.
16-8 SECTION 7.09. Section 201.108, Transportation Code, is
16-9 amended to codify Rider 20 following the appropriation to the Texas
16-10 Department of Transportation in the General Appropriations Act for
16-11 the state fiscal biennium ending August 31, 2001, by adding
16-12 Subsections (c) and (d) to read as follows:
16-13 (c) In complying with the requirements of Chapter 2102,
16-14 Government Code, the department shall assign at least one internal
16-15 auditor to each district office and to each division in the
16-16 department. An internal auditor assigned under this subsection
16-17 shall report either directly to the commission or to the internal
16-18 auditor appointed under Section 2102.006, Government Code.
16-19 (d) An internal auditor assigned to a district office under
16-20 Subsection (c) may consider suggestions from a district engineer in
16-21 developing a proposal for the department's annual audit plan.
16-22 SECTION 7.10. Subchapter B, Chapter 223, Transportation
16-23 Code, is amended to codify Rider 21 following the appropriation to
16-24 the Texas Department of Transportation in the General
16-25 Appropriations Act for the state fiscal biennium ending August 31,
16-26 2001, by adding Section 223.049 to read as follows:
16-27 Sec. 223.049. MINIMUM WAGE REQUIREMENT FOR CONSTRUCTION OR
16-28 MAINTENANCE CONTRACTS. In a contract for construction or
16-29 maintenance work made with the private sector, the department shall
16-30 require a contractor and a subcontractor to pay all employees and
16-31 contract labor not less than the federal minimum wage rate. The
16-32 department shall withhold payments to the contractor until the
16-33 contractual obligations to pay employees and contract labor have
16-34 been fulfilled.
16-35 SECTION 7.11. Subchapter H, Chapter 201, Transportation
16-36 Code, is amended to codify Rider 32 following the appropriation to
16-37 the Texas Department of Transportation in the General
16-38 Appropriations Act for the state fiscal biennium ending August 31,
16-39 2001, by adding Section 201.6091 to read as follows:
16-40 Sec. 201.6091. PROJECT STATUS. (a) Before January 1 of
16-41 each year, the department shall provide each member of the
16-42 legislature, unless the member requests it not be provided, a
16-43 status report of all highway construction projects, by legislative
16-44 district, under contract or awaiting funding at the time of the
16-45 report, including projects that would be funded fully or partially
16-46 by state, federal, or toll funds.
16-47 (b) Not later than the 91st day before the date the
16-48 department grants any loan for any project in a legislative
16-49 district, the department shall notify all legislative members of
16-50 the legislative district about the status of the project and how
16-51 other projects in any legislative district would be affected.
16-52 SECTION 7.12. Subsection (b), Section 22.055, Transportation
16-53 Code, is amended to codify in part Rider 33 following the
16-54 appropriation to the Texas Department of Transportation in the
16-55 General Appropriations Act for the state fiscal biennium ending
16-56 August 31, 2001, to read as follows:
16-57 (b) A local government may designate the Texas Department of
16-58 Transportation as its agent to accept, give a receipt for, and
16-59 disburse money from grants and loans for any of the purposes of
16-60 this chapter. The department shall accept and shall transfer or
16-61 spend federal money accepted under this section on the terms
16-62 prescribed by the United States. The department shall deposit
16-63 money it receives under this subsection in the state treasury and
16-64 shall hold the money in trust to be used for those purposes for
16-65 which the money is made available. Unless[, unless] the agency
16-66 from which the money is received prescribes otherwise, the
16-67 department shall keep the money in separate funds designated
16-68 according to the purposes for which the money is made available,
16-69 including a fund designated for the purpose of reimbursing the
17-1 state highway fund for expenditures made for projects for which
17-2 federal money is made available[, and the state shall hold the
17-3 money in trust for those purposes].
17-4 SECTION 7.13. Section 222.052, Transportation Code, is
17-5 amended to codify in part Rider 33 following the appropriation to
17-6 the Texas Department of Transportation in the General
17-7 Appropriations Act for the state fiscal biennium ending August 31,
17-8 2001, by adding Subsection (d) to read as follows:
17-9 (d) The department shall hold in trust contributions made
17-10 under this section for the purpose of reimbursing the state highway
17-11 fund for expenditures made by the commission under Subsection (a)
17-12 for roads and highways in the political subdivisions that
17-13 contribute to the account.
17-14 SECTION 7.14. Section 201.608, Transportation Code, is
17-15 amended to codify Rider 48 following the appropriation to the Texas
17-16 Department of Transportation in the General Appropriations Act for
17-17 the state fiscal biennium ending August 31, 2001, by adding
17-18 Subsection (d) to read as follows:
17-19 (d) The department annually shall review its proposed road
17-20 and maintenance projects to determine whether the projects are
17-21 adequate to allow for the projected effect of overweight trucks on
17-22 state highways resulting from international trade.
17-23 SECTION 7.15. Subchapter A, Chapter 302, Labor Code, is
17-24 amended to codify Rider 13 following the appropriation to the Texas
17-25 Workforce Commission in the General Appropriations Act for the
17-26 state fiscal biennium ending August 31, 2001, by adding Section
17-27 302.0042 to read as follows:
17-28 Sec. 302.0042. DONATED PURCHASE AGREEMENTS. The commission
17-29 shall use donated purchase agreements and other funding mechanisms,
17-30 to the extent permitted by federal law, to:
17-31 (1) maximize the availability of state matching funds
17-32 for federal child care funds; and
17-33 (2) encourage local child care planning and matching
17-34 funds participation.
17-35 SECTION 7.16. Subchapter A, Chapter 302, Labor Code, is
17-36 amended to codify Rider 14 following the appropriation to the Texas
17-37 Workforce Commission in the General Appropriations Act for the
17-38 state fiscal biennium ending August 31, 2001, by adding Section
17-39 302.0041 to read as follows:
17-40 Sec. 302.0041. MAXIMIZING FEDERAL CHILD CARE FUNDS.
17-41 (a) The commission shall cooperate with municipalities, nonprofit
17-42 organizations, the Texas Education Agency, and school districts to
17-43 obtain local matching funds necessary to maximize federal funds for
17-44 child care.
17-45 (b) The commission may implement necessary system and
17-46 accounting system changes as needed to implement this section.
17-47 SECTION 7.17. Subchapter A, Chapter 302, Labor Code, is
17-48 amended to codify Rider 23 following the appropriation to the Texas
17-49 Workforce Commission in the General Appropriations Act for the
17-50 state fiscal biennium ending August 31, 2001, by adding Section
17-51 302.009 to read as follows:
17-52 Sec. 302.009. EMPLOYMENT AND CHILD CARE PROGRAMS IN RURAL
17-53 AREAS. The commission and local workforce boards shall expand the
17-54 availability of employment and child care programs to rural areas
17-55 to the extent the expansion is determined to be cost effective.
17-56 SECTION 7.18. Subchapter G, Chapter 2308, Government Code,
17-57 is amended to codify Rider 27 following the appropriation to the
17-58 Texas Workforce Commission in the General Appropriations Act for
17-59 the state fiscal biennium ending August 31, 2001, by adding Section
17-60 2308.317 to read as follows:
17-61 Sec. 2308.317. HIGHER EDUCATION FOR RECIPIENT OF CHILD CARE
17-62 BENEFITS. (a) A person receiving child care assistance benefits
17-63 who is at least 17 years of age and holds a high school diploma, or
17-64 other diploma or certificate issued on the basis of the successful
17-65 performance on a high school equivalence examination, continues to
17-66 be eligible for child care assistance benefits while the person is
17-67 enrolled in an educational program for an associate's degree.
17-68 (b) A person is eligible for benefits under Subsection (a)
17-69 for a period not to exceed four years as long as the person
18-1 continues to be enrolled in an educational program that will
18-2 prepare the person for employment in a high demand occupation with
18-3 an upward career path as determined by the board.
18-4 (c) The board may determine the eligibility of a person
18-5 under this section based on the person's progress towards
18-6 completion of the educational program.
18-7 SECTION 7.19. Subchapter A, Chapter 302, Labor Code, is
18-8 amended to codify Rider 29 following the appropriation to the Texas
18-9 Workforce Commission in the General Appropriations Act for the
18-10 state fiscal biennium ending August 31, 2001, by adding Section
18-11 302.010 to read as follows:
18-12 Sec. 302.010. OPERATION OF CERTAIN JOB TRAINING PROGRAMS;
18-13 OBJECTIVE. The primary objective of job training programs that
18-14 offer employment assistance, training services, volunteer
18-15 resources, needs assessment, and skills enhancement to individual
18-16 clients through a locally-based network of career development
18-17 centers is to teach job skills adequate for employment in the
18-18 community. While a job training program may contain instruction in
18-19 English as a second language, a program of instruction in English
18-20 as a second language may not substitute for a job training program.
18-21 SECTION 7.20. Subchapter A, Chapter 31, Human Resources
18-22 Code, is amended to codify Rider 33 following the appropriation to
18-23 the Texas Workforce Commission in the General Appropriations Act
18-24 for the state fiscal biennium ending August 31, 2001, by adding
18-25 Section 31.0128 to read as follows:
18-26 Sec. 31.0128. REGISTRATION REQUIREMENT FOR DETERMINATION OF
18-27 ELIGIBILITY. If the department, the Texas Workforce Commission, or
18-28 both the department and the Texas Workforce Commission require an
18-29 applicant for Temporary Assistance for Needy Families to register
18-30 with the commission before the department determines the
18-31 applicant's eligibility for assistance, the applicant's
18-32 registration and orientation must take place at an office at which
18-33 the department determines an applicant's eligibility for
18-34 assistance.
18-35 ARTICLE 8. RIDERS CONTAINED IN ARTICLE VIII OF THE
18-36 GENERAL APPROPRIATIONS ACT
18-37 SECTION 8.01. Subchapter B, Chapter 2003, Government Code,
18-38 is amended to codify Rider 2 following the appropriation to the
18-39 State Office of Administrative Hearings in the General
18-40 Appropriations Act for the state fiscal biennium ending August 31,
18-41 2001, by adding Section 2003.025 to read as follows:
18-42 Sec. 2003.025. INTERAGENCY CONTRACTS; LIMIT ON TOTAL AMOUNT
18-43 BILLED. The office shall establish procedures under which a state
18-44 agency may establish a limit, in an interagency contract that the
18-45 agency executes with the office, on the aggregate billable amount
18-46 for a fiscal year.
18-47 SECTION 8.02. Section 1601.154, Occupations Code, is amended
18-48 to codify Rider 1 following the appropriation to the State Board of
18-49 Barber Examiners in the General Appropriations Act for the state
18-50 fiscal biennium ending August 31, 2001, by adding Subsection (c) to
18-51 read as follows:
18-52 (c) The board may not spend money appropriated for
18-53 inspections unless the board has entered into an interagency
18-54 contract with the Texas Cosmetology Commission to maintain a
18-55 statewide crossover inspection and enforcement program. The board
18-56 shall send a copy of the signed contract to the Legislative Budget
18-57 Board, the Governor's Office of Budget and Planning, and the
18-58 comptroller.
18-59 SECTION 8.03. Subchapter D, Chapter 1602, Occupations Code,
18-60 is amended to codify Rider 1 following the appropriation to the
18-61 Texas Cosmetology Commission in the General Appropriations Act for
18-62 the state fiscal biennium ending August 31, 2001, by adding Section
18-63 1602.1545 to read as follows:
18-64 Sec. 1602.1545. INTERAGENCY CONTRACT FOR INSPECTION AND
18-65 ENFORCEMENT. The commission may not spend money appropriated for
18-66 inspections unless the commission has entered into an interagency
18-67 contract with the State Board of Barber Examiners to maintain a
18-68 statewide crossover inspection and enforcement program. The
18-69 commission shall send a copy of the signed contract to the
19-1 Legislative Budget Board, the Governor's Office of Budget and
19-2 Planning, and the comptroller.
19-3 SECTION 8.04. Subchapter D, Chapter 1602, Occupations Code,
19-4 is amended to codify Rider 5 following the appropriation to the
19-5 Texas Cosmetology Commission in the General Appropriations Act for
19-6 the state fiscal biennium ending August 31, 2001, by adding Section
19-7 1602.156 to read as follows:
19-8 Sec. 1602.156. PERSON RESPONSIBLE FOR INSPECTIONS. If the
19-9 commission divides the state into districts for the purpose of
19-10 inspecting schools of cosmetology, the inspector assigned to the
19-11 district in which a school is located shall inspect the school. If
19-12 a school is located in a district to which an inspector has not
19-13 been assigned, the commission's director of enforcement may inspect
19-14 the school.
19-15 SECTION 8.05. Section 1602.151, Occupations Code, is amended
19-16 to codify Rider 7 following the appropriation to the Texas
19-17 Cosmetology Commission in the General Appropriations Act for the
19-18 state fiscal biennium ending August 31, 2001, by adding Subsection
19-19 (c) to read as follows:
19-20 (c) The commission shall adopt written policies and
19-21 procedures relating to overnight travel.
19-22 SECTION 8.06. Subchapter D, Chapter 51, Occupations Code, is
19-23 amended to codify Rider 10 following the appropriation to the Texas
19-24 Department of Licensing and Regulation in the General
19-25 Appropriations Act for the state fiscal biennium ending August 31,
19-26 2001, by adding Section 51.207 to read as follows:
19-27 Sec. 51.207. ELECTRONIC EXAMINATIONS. The department shall:
19-28 (1) identify programs regulated by the department for
19-29 which the required examinations could be offered in an electronic
19-30 medium; and
19-31 (2) develop and implement electronic examinations for
19-32 those programs.
19-33 ARTICLE 9. GENERAL PROVISIONS; EFFECTIVE DATE
19-34 SECTION 9.01. (a) This Act is enacted as part of the
19-35 state's continuing statutory revision program under Chapter 323,
19-36 Government Code. This Act is a revision for purposes of Section
19-37 43, Article III, Texas Constitution, and has the purpose of
19-38 codifying without substantive change various provisions of Chapter
19-39 1589, Acts of the 76th Legislature, Regular Session, 1999 (the
19-40 General Appropriations Act).
19-41 (b) If any provision of this Act conflicts with another
19-42 statute enacted by the 77th Legislature, Regular Session, 2001, the
19-43 other statute controls.
19-44 SECTION 9.02. This Act takes effect August 31, 2001.
19-45 * * * * *