H.B. No. 24
AN ACT
relating to appropriations to departments and agencies of the state
government, including conditions, limitations, rules, and
procedures for allocating and expending appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) All fees collected during the state fiscal
biennium beginning September 1, 2003, by the Department of
Licensing and Regulation or the Commission of Licensing and
Regulation under Chapter 1305, Occupations Code, as added by House
Bill No. 1487, Acts of the 78th Legislature, Regular Session, 2003,
or under Section 3, House Bill No. 1487, Acts of the 78th
Legislature, Regular Session, 2003, are appropriated to the
Department of Licensing and Regulation for the purpose of
administering Chapter 1305. The full-time equivalent position
limitation established for the department in House Bill No. 1, Acts
of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is also increased by 32 for the state fiscal
biennium beginning September 1, 2003, for that purpose.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with administering Chapter 1305, Occupations Code, as
added by House Bill No. 1487, Acts of the 78th Legislature, Regular
Session, 2003, shall be paid out of the appropriations made by
Subsection (a) of this section and shall be allocated to the
appropriate employee benefit appropriation items in accordance
with applicable rules of the comptroller.
(c) None of the appropriations made by Subsection (a) of
this section may be expended by the Department of Licensing and
Regulation, the Commission of Licensing and Regulation, or the
Electrical Safety and Licensing Advisory Board created under
Chapter 1305, Occupations Code, as added by House Bill No. 1487,
Acts of the 78th Legislature, Regular Session, 2003, on regulatory
activities under Chapter 1305 or under Section 3, House Bill No.
1487, Acts of the 78th Legislature, Regular Session, 2003, that
pertain to the installation, maintenance, alteration, or repair of
electrical equipment or wiring in or on buildings, devices, pumps,
structures, or premises used solely for agricultural uses,
including the production or delivery of water used in agriculture.
For purposes of this section:
(1) "agriculture" and "agricultural use" have the
meanings assigned by Section 11.002, Water Code; and
(2) "regulatory activities" include licensing,
enforcement, and administration of rules adopted under Chapter
1305.
SECTION 2. (a) None of the appropriations made by the 78th
Legislature to the Department of Licensing and Regulation or to the
Commission of Licensing and Regulation may be expended for
regulatory activities under Chapter 1202, Occupations Code, that
pertain to a commercial building or structure that is not installed
on a permanent foundation and that is either:
(1) not open to the public; or
(2) less than 1,500 square feet in total area and not
used as a school or place of religious worship.
(b) In this section, "regulatory activities" include
licensing, enforcement, inspection, and administration of rules
adopted under Chapter 1202.
SECTION 3. (a) Except as provided by Subsection (b) of this
section, all surcharges collected during the state fiscal biennium
beginning September 1, 2003, by the Texas Alcoholic Beverage
Commission under Section 5.55(b), Alcoholic Beverage Code, as added
by Chapter 101, Acts of the 78th Legislature, Regular Session,
2003, are appropriated to the Texas Alcoholic Beverage Commission
for the state fiscal biennium beginning September 1, 2003, for the
purpose described by Section 5.55, Alcoholic Beverage Code.
(b) The amount appropriated to the Texas Alcoholic Beverage
Commission under this section may not exceed $500,000.
SECTION 4. (a) All surcharges authorized by Section
134.014(b), Agriculture Code, as added by Chapter 677, Acts of the
78th Legislature, Regular Session, 2003, and collected during the
state fiscal biennium beginning September 1, 2003, are appropriated
to the Department of Agriculture for the state fiscal biennium
beginning September 1, 2003, for the implementation and
administration of the Texas shrimp marketing assistance program
under Subchapter B, Chapter 47, Agriculture Code. The amount
appropriated by this subsection may not exceed $25,000 for each
fiscal year of the biennium.
(b) All additional revenue generated by the increase in the
amount of certain license fees under Section 77.002(c), Parks and
Wildlife Code, as added by House Bill No. 2470, Acts of the 78th
Legislature, Regular Session, 2003, and collected during the state
fiscal biennium beginning September 1, 2003, by the Parks and
Wildlife Department is appropriated to the Department of
Agriculture for the state fiscal biennium beginning September 1,
2003, for the implementation and administration of the Texas shrimp
marketing assistance program under Subchapter B, Chapter 47,
Agriculture Code. The amount appropriated by this subsection may
not exceed $250,000 for each fiscal year of the biennium.
(c) The full-time equivalent position limitation
established for the Department of Agriculture in Chapter 1330, Acts
of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is increased by two for the state fiscal
biennium beginning September 1, 2003.
SECTION 5. Rider 68 following the appropriations to the
Department of Health on page II-41, Chapter 1330, Acts of the 78th
Legislature, Regular Session, 2003 (the General Appropriations
Act), is amended to read as follows:
68. Contingency Appropriation for House Bill 3588.
Contingent upon enactment of House Bill 3588, or similar
legislation relating to the construction, acquisition, financing,
maintenance, management, operation, ownership, and control of
transportation facilities and the progress, improvement, policing,
and safety of transportation in the state, an estimated amount not
to exceed $108,000,000 [$59,338,603] in fiscal year 2004 and an
estimated amount not to exceed $161,300,000 [$112,613,914] in
fiscal year 2005 in funds deposited in the trauma facility and
emergency medical services account established under the bill are
hereby appropriated to the Department of Health. These funds shall
be used to fund designated trauma facilities, county and regional
emergency medical services, and trauma care systems. Of the funds
appropriated from this account, the Commissioner of Health shall
maintain a reserve of $500,000 for extraordinary emergencies.
SECTION 6. (a) In addition to other amounts appropriated to
the Department of Licensing and Regulation for the state fiscal
biennium beginning September 1, 2003, for the purpose of
administering certain provisions of Chapter 816, Acts of the 78th
Legislature, Regular Session, 2003, including provisions
pertaining to elevator contractor regulation, toll-free customer
service lines, and loss damage waiver regulation, the following
amounts are appropriated out of the general revenue fund, from fees
collected by the department, to the Department of Licensing and
Regulation for the purpose of administering the provisions of
Chapter 816, Acts of the 78th Legislature, Regular Session, 2003:
$208,909 for the state fiscal year beginning September 1, 2003, and
$230,172 for the state fiscal year beginning September 1, 2004. The
full-time equivalent position limitation established for the
department in Chapter 1330, Acts of the 78th Legislature, Regular
Session, 2003 (the General Appropriations Act), is also increased
by 4.5 for the state fiscal year beginning September 1, 2003, and by
5.5 for the state fiscal year beginning September 1, 2004, for that
purpose.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with the increase in the number of full-time equivalent
positions authorized by Subsection (a) of this section shall be
paid out of the appropriations made by Subsection (a) of this
section and shall be allocated to the appropriate employee benefit
appropriation items in accordance with applicable rules of the
comptroller.
SECTION 7. This Act takes effect immediately 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 for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 24 was passed by the House on
September 17, 2003, by the following vote: Yeas 124, Nays 0, 2
present, not voting; that the House refused to concur in Senate
amendments to H.B. No. 24 on September 29, 2003, and requested the
appointment of a conference committee to consider the differences
between the two houses; and that the House adopted the conference
committee report on H.B. No. 24 on October 10, 2003, by the
following vote: Yeas 127, Nays 0, 1 present, not voting; passed
subject to the provisions of Article III, Section 49a, of the
Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 24 was passed by the Senate, with
amendments, on September 24, 2003, by the following vote: Yeas 30,
Nays 0; at the request of the House, the Senate appointed a
conference committee to consider the differences between the two
houses; and that the Senate adopted the conference committee report
on H.B. No. 24 on October 12, 2003, by the following vote: Yeas 31,
Nays 0; passed subject to the provisions of Article III, Section
49a, of the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 24, 3rd Called Session of the 78th Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor