By:  Coleman                                                      H.B. No. 41 


A BILL TO BE ENTITLED
AN ACT
relating to restoring essential health and human services programs; depositing certain funds to the credit of the general revenue fund; and making appropriations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) The Legislature of the State of Texas finds that: (1) The budget cuts contained in House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003, (the General Appropriations Act) to state-supported health and human services programs will be devastating to the most vulnerable Texans. (2) Health care needs not funded on the state level result in an additional burden on local health care providers and local taxpayers across the State of Texas. (3) Cuts to state health care expenditures result in not only a loss of federal matching funds but have a negative impact on the economy of the State of Texas. (4) Additional funds are available for the legislature to appropriate during the 78th Legislature, 2nd Called Session. (b) Because of the conditions stated in Subsection (a) of this section, it is the purpose of this act to make appropriations to certain state-supported programs and services in order to restore budget cuts made during the 78th Legislature, Regular Session, to the greatest extent possible. SECTION 2. Section 20.02(c), House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003, is amended to read as follows: (c) Notwithstanding Sections 521.058, 521.313(c), 521.3466(e), 521.427, 522.029(i), 524.051(c), 548.508, 644.153(i), and 724.046(c), Transportation Code, as added by this Act, to the extent those sections allocate funds to the Texas mobility fund, in state fiscal years [year]2004 and 2005 the comptroller shall deposit those funds to the credit of the general revenue fund instead of to the credit of the Texas mobility fund. SECTION 3. An amount of funds estimated to be $231,700,000 deposited to the credit of the general revenue fund in state fiscal year 2005 under Section 20.02(c), House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003, as amended by this Act, is appropriated out of the general revenue fund for the state fiscal biennium beginning September 1, 2003, to replace an equal amount of federal fiscal relief funds utilized to certify general revenue appropriations made by House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act). The federal fiscal relief funds so replaced are appropriated to the comptroller of public accounts for the state fiscal biennium beginning September 1, 2003, for the purposes described by Section 11.28, Article IX, House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act). SECTION 4. Section 11.28, Article IX, House Bill No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General Appropriations Act) is amended as follows: (a) Notwithstanding other provisions of this Act, based upon the passage of federal legislation that provides federal funds for the purpose of state fiscal relief, such funds are appropriated[, after the implementation of Section 11.15, Contingency Reduction Appropriation Reduction and Contingency Appropriation,] to the Comptroller of Public Accounts in the fiscal year in which the funds are received for the purpose of transferring funds to state agencies for state fiscal relief, as provided by subsection (b) of this section. (b) [The Legislative Budget Board and the Governor shall develop a plan that outlines the transfers of these funds, by fiscal year, agency, and strategy for the purpose of state fiscal relief. It is a priority of the legislature that the plan of transfers will provide funding as follows:] The Comptroller shall transfer the funds in the amounts and to the agencies specified as follows: (1) $227.7 million to the Texas Department of Human Services for the purpose of restoring the number of hours and clients assumed in the community care programs to fiscal 2003 levels; (2) $13 million to the Texas Department of Human Services for the purpose of restoring the personal needs allowance to no less than $60 a month for a resident of a convalescent or nursing home, personal care facility, ICF-MR facility or other similar long-term care facility; (3) $43.9 million to the Texas Health and Human Services Commission for the purpose of restoring Medicaid coverage for approximately 8,300 pregnant women on an average monthly basis; (4) $200 million to the Texas Health and Human Services Commission for the purpose of restoring eligibility criteria and benefits for the state child health plan (CHIP) to fiscal 2003 levels; (5) $42.8 million to the Texas Health and Human Services Commission for the purpose of restoring optional benefits for adult Medicaid recipients to fiscal 2003 levels, including mental health benefits, coverage for eyeglasses, hearing aids, podiatric care and other services; (6) $5.9 million to the Texas Department of Health for the purpose of providing services to approximately 1,500 chronically ill and disabled children on the waiting list for the Children with Special Health Care Needs program. (7) $4 million to the Texas Department of Protective and Regulatory Services for the purpose of restoring reductions in client services for families involved in active child abuse cases to the greatest extent possible; (8) $29.4 million to the Texas Department of Protective and Regulatory Services for At-Risk Prevention Services which provide support to community-based prevention programs that alleviate the conditions that lead to child abuse/neglect and juvenile crime; (9) $16.4 million to the Texas Department of Mental Health and Mental Retardation to restore In-Home and Family Support Services to assist approximately 2,946 Texans in living independently; and (10) $20.9 million to the Texas Department of Health to HIV & STD Education & Services to maintain current levels of services. [(1) One quarter of the amounts received for state fiscal relief may be used for partial restoration of reimbursement rates assumed in Article II of this Act to fiscal year 2003 levels. [(2) Restoration of the hours assumed in Community Care Programs at the Department of Human Services to fiscal year 2003. [(3) Such funds also shall be used for the items shown below in bill pattern order: [Texas Department of Health: [A.3.1, HIV & STD Education & Services [D.2.1, Community Health Services [Health and Human Services Commission: [B.2.3, Premiums: Pregnant Women (from 158% of the Federal Poverty Level to 185% of the Federal Poverty Level) [B.2.4, Premiums: Children/Medically Needy (for Medically Needy) [B.2.7, Cost Reimbursed Services (for Graduate Medical Education [Department of Human Services: [A.1.1, Community Care - State Department of Mental Health and Mental Retardation [C.1.1, MR Community Services [Department of Protective and Regulatory Services: [(4) Texas B-On Time Loan Program] SECTION 5. This Act takes effect September 1, 2003, if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary to take effect on that date, this act takes effect on the 91st day after the last day of the legislative session.