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                                 * * * * *