78(R) HB 1 - Engrossed version

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ENGROSSED RIDER NO. 1, is the committee substitute to H.B. 1

The General Appropriations Bill can be found on the Legislative

Budget Board's Web site. The URL is http://www.lbb.state.tx.us.

By: Heflin H.B. No. 1

ENGROSSED RIDER NO. 2

Amend C.S.H.B. 1 as follows:

(1) On Page I-23, under Rider 25 in the bill pattern for the
Building and Procurement Commission strike, "Provide Support to
State Agencies-Office Services, Fleet Management and Surplus
Property Needs" and substitute "Surplus Property Management";

(2) On Page I-33, under Rider 3 in the bill pattern for the Fiscal
Programs - Comptroller of Public Accounts strike, "Parts 2" and
substitute "Parts 1";

(3) On Page I-33, under Rider 4 in the bill pattern for the Fiscal
Programs - Comptroller of Public Accounts for each occurrence
strike, "Part 2" and substitute "Part 1";

(4) On Page I-41, under Rider 5 at the end of the paragraph "b" in
the bill pattern of the Employees Retirement System strike "; and"
and substitute a period;

(5) On Page I-42, under "A.Goal", before "A.1.1. Strategy" in the
bill pattern of the Texas Ethics Commission, strike "within 60
Working Days" and substitute "within 90 Working Days";

(6) On Page I-72, in the bill pattern of the Preservation Board,
strike the line "Number of Full-Time-Equivalent Positions 208.5 208.5"
(FTE)-Total
and substitute
"Number of Full-Time-Equivalent Positions 218.5 218.5";
(FTE)-Total

(7) On Page II-59 in the bill pattern for the Department of Human
Services make a method of finance change by increasing the earned
federal funds in each fiscal year of the biennium by $7.1 million
and decreasing the GR Match for Medicaid by $7.1 million in each
fiscal year of the biennium, and under the Method of Financing:

(A) strike the line "GR Match for Medicaid 1,386,393,616 1,309,126,916"
and substitute the line
"GR Match for Medicaid 1,379,293,616 1,302,026,916";
and
(B)add a line stating
"Earned Federal Funds 7,100,000 7,100,000";

(8) On page III-55 of the bill pattern for Texas Higher Education
Coordinating Board strike "and all balances from the institution's
allocation from the amounts available for distribution out of the
Permanent Health Fund for Higher Education" in subsection (b) of
rider 45;

(9) On Page III-55, in the bill pattern for the Texas Higher
Education Coordinating Board, add the following rider:

"48. Minority Doctoral Incentive Program. Out of funds
appropriated to the Minority Doctoral Incentive Program in Senate
Bill 1, Seventy-seventh Legislature, Regular Session, 2001, for the
biennium ending August 31, 2003, $137,304 is hereby appropriated
for the biennium ending August 31, 2005.";

(10) On page III-214 at the end of Sec. 48 under Special Provisions
Relating Only to State Agencies of Higher Education add the
following:

"Amounts available for distribution or investment returns in excess
of the amounts estimated above are also appropriated. In the event
that amounts available for distribution or investment returns are
less than the amounts estimated above, this Act may not be construed
as appropriating funds to makeup the difference.

All balances of estimated appropriations from the institution's
allocation from the amounts available for distribution out of the
Permanent Health Fund for Higher Education, except for any General
Revenue, at the close of the fiscal year ending August 31, 2003, and
the income to said fund during the fiscal years beginning September
1, 2003, are hereby appropriated. Any unexpended appropriations
made above as of August 31, 2004, are hereby appropriated for the
same purposes for fiscal year 2005.";

(11) On Page VI-33, under Rider 15 in the bill pattern of the Parks
and Wildlife Department:

(A) strike "$33,000" and substitute "$66,650";

(B) strike "$66,650" and substitute "$33,000"; and

(12) On Page VI-49, under Rider 11 in the bill pattern of the Water
Development Board strike "as of August 31, 2004, in the
appropriation made above out of" and substitute "in";

(13) On Page VII-5, under Rider 2 in the bill pattern for the Texas
Department of Economic Development, strike "statue" and substitute
"statute";

(14) On page VII-23, in the in the first line of text of Rider 7 in
the bill pattern of the Office of Rural Community Affairs, between
"out" and "the" insert "of";

(15) On Page VIII-66, under Rider 3 in the bill pattern of the
Texas Real Estate Commission, strike the phrase "VTCS, Article
6573a.2, Sec. 13" and strike the phrase "Sec. 13 of VTCS, Article
6573a.2" and substitute for each phrase "Sec. 1103.156, Occupations
Code";

(16) On Page IX-2:

(A) strike "0137 Secretary IV A10";

(B) after "0150 Administrative Assistant" add "I";

(D) after "0154 Administrative Assistant" add "III";

(E) after "0156 Administrative Assistant" add "IV";

(17) On Page IX-7 strike "2082 Right of Way Agent II B8"
and substitute
"2082 Right of Way Agent II B6
"2084 Right of Way Agent III B8"

(18) On Page IX-11 after "Benefit Review Officer" strike "II";

(19) On Page IX-73, under Sec. 11.14(a)(2) strike "for agency
operations" and substitute "to pay operating costs such as those
relating to Workers Compensation Assessments and the Statewide Allocation Plan".

ENGROSSED RIDER NO. 3
Amend the Representative Heflin amendment found on page 2 of
the packet to C.S.H.B. 1, by adding the following item at the end of
the amendment:

(20) On Page II-54, under Rider 47 in the bill pattern for Health
and Human Services Commission, strike "1155" and substitute "1115".

ENGROSSED RIDER NO. 4

Amend C.S.H.B. 1 as follows:

(1) On the appropriate page under Article III, add the following
rider:

The University of Texas Southwestern Medical Center

Tuition Revenue Bonds

Contingent upon the enactment of legislation relating to the
authorization of the issuance of tuition revenue bonds for The
University of Texas Southwestern Medical Center, increase strategy
C.2.1 by $4,494,000 out of the General Revenue Fund for the 2004-05
biennium for debt service of those bonds for the fiscal year 2004.
The above appropriation is made from funds received by
restructuring existing debt at the Texas Public Finance Authority.
Any portion of this appropriation not spent in fiscal year 2004
could be expended for the same purposes in fiscal year 2005.

ENGROSSED RIDER NO. 5
Amend Amendment No. 4 by Heflin to C.S.H.B. No. 1 (page 4,
amendment packet) between "Public Finance Authority" and the period
by inserting: "which will result in a reduction in general revenue
appropriations for the Texas Public Finance Authority in the amount
of $4,494,000"

ENGROSSED RIDER NO. 6

Amend Committee Substitute to House Bill No. 1 as follows:

On page IX-55, amend Sec. 6.37, Demographic and Statistical
Studies, as follows:

Before expending funds appropriated by the Act for the purpose of
contracting with a consultant or other private assistance in
performing a study required by the Legislature that includes
statistical or demographic analysis of data, the agency conducting
the study shall determine if the resources of the Texas Legislative
Council are available to assist the agency in designing or
conducting that component of the study. None of the funds
appropriated by the Act may be granted to or expended by any entity
which performs political polling.

Overview

This addition to the existing rider prohibits the spending of
appropriated funds on any entity that performs political polling.

ENGROSSED RIDER NO. 7

Amend C.S.H.B. 1 as follows:

(1) On the appropriate page under Article IX, add the following
sections:

Sec. ____. Texas Food & Fibers Commission. Contingent on the
enactment of legislation by the Seventy-eighth Legislature,
Regular Session, implementing the recommendations contained in
e-Texas II issue GG 36, Eliminating the Texas Food and Fibers
Commission, the following provisions shall take effect:

(a) Appropriations made by this Act to the Texas Food and Fibers
Commission for the biennium are hereby reduced by $1,349,101 in
General Revenue, $465,000 in Federal Funds, and $2,744,595 in Other
Funds for each year of the biennium beginning September 1, 2003.

(b) Any grants or gifts received by or awarded to the Texas Food
and Fibers Commission, and any unexpended balances as of September
1, 2003, in any grants or gifts received by the Texas Food and
Fibers Commission are hereby reappropriated to the Department of
Agriculture.

(c) Rider provisions contained in this Act for the Texas Food and
Fibers Commission are hereby made applicable to the Department of
Agriculture to the extent they apply to programs previously
administered by the Texas Food and Fibers Commission.

Sec. ___. Surplus Property. Contingent on the enactment of
legislation by the Seventy-eighth Legislature, Regular Session,
implementing the recommendations contained in e-Texas II issue GG
40, Increase Revenues from Surplus Property, the following
provision shall take effect:

Notwithstanding any other provision in this Act, receipts to any
agency of the state government specified in this Act received from
the sale of surplus property, equipment, livestock, commodities, or
salvage pursuant to the provisions of Chapter 2175, Government
Code, and which were originally purchased with an appropriation
from the General Revenue Fund shall be deposited into the General
Revenue Fund and are not appropriated for expenditure. It is the
intent of the legislature that implementation of GG 40 increase the
amount of unobligated General Revenue by at least $1,705,000 in
2004 and $1,758,000 in 2005 above amounts contained in the
Comptroller's January 2003 Biennial Revenue Estimate.

Sec. ___, Texas Imported Fire Ant Research and Management Plan. It
is the intent of the legislature to implement the recommendation in
e-Texas II issue GG 42, Eliminate Duplicative Funding for the Texas
Imported Fire Ant Research and Management Plan, and suspend funding
for the plan for the biennium. General Revenue Fund appropriations
made by this Act to the Texas Agricultural Experiment Station in
Strategy A.1.1., Agricultural/Life Sciences Research, are hereby
reduced by $2,187,500 in fiscal year 2004 and by $2,187,500 in
fiscal year 2005.

Sec. ___, Animal Health Commission. Contingent upon enactment of
legislation by the Seventy-eighth Legislature, Regular Session,
implementing the recommendations in e-Texas II issue GG 41, Merge
the Animal Health Commission with the Department of Agriculture,
the following provisions take effect:

(a) General Revenue Fund appropriations made by this Act to the
Animal Health Commission are hereby reduced by $825,125 in fiscal
year 2004 and by $1,649,375 in fiscal year 2005. The "Number of
Full Time Equivalent Positions (FTE)" figure indicated for the
Animal Health Commission is hereby reduced by 13 in fiscal year 2004
and by 26 in fiscal year 2005.

(B) Any remaining appropriations made by the Act to the Animal
Health Commission and corresponding FTEs are hereby transferred to
the Department of Agriculture, effective March 1, 2004, for the
same purposes.

(C) General Revenue Fund appropriations made elsewhere in the Act
for employee benefit costs are hereby reduced by $147,000 in fiscal
year 2004 and by $294,000 in fiscal year 2005.

ENGROSSED RIDER NO. 8
Amend C.S.H.B. No. 1 in Article IX of the bill by adding the
following appropriately numbered subdivision to Section 11.29 of
Article IX:
(_) The University of Texas Southwestern Medical
Center at Dallas for the Institute for Nobel/National Academy
Biomedical Research: $17,000,000.

ENGROSSED RIDER NO. 9
Amend amendment No. 9 by Heflin to C.S.H.B. 1 (page 8
amendment packet) at the end of the amendment by adding the
following appropriately numbered item:
(_) Amend C.S.H.B. No. 1 in Article IX of the bill by adding
the appropriately numbered subdivision to Section 11.29 of Article
IX:
(_) The University of Texas Health Science Center at
San Antonio for the San Antonio Life Science Institute:
$12,000,000.

ENGROSSED RIDER NO. 10

Amend C.S.H.B. 1 as follows:
(1) On the appropriate page under Article IX add the
following rider:

Sec. ___. Medicaid Appropriations Adjustment.

(a) The Comptroller of Public Accounts is hereby directed to
reduce appropriations to the Health and Human Services Commission
and the Texas Department of Health by $524 million in General
Revenue for the 2004-05 biennium related to Medicaid cost
containment. The reductions shall be made to Medicaid
appropriations of the respective agencies.

The Health and Human Services Commission shall identify the
specific strategies from which the reductions will be made in
annual reports to the Legislative Budget board and the Governor.
The reports shall be submitted by October 31 of each year of the
2004-05 biennium. All reductions shall be documented in the
agency's Legislative Appropriations Request, Operating Budget and
adjustments included in reported expenditures for the 2004-05
biennium to the Seventy-ninth Legislature.

(b) The Comptroller is directed to increase by a total of $524
million the appropriations made from the General Revenue Fund under
this Act to the following:
(1) Texas Education Agency for the purchase of Texas History
and Economics textbooks: $33,000,000;
(2) Texas Education Agency for disciplinary alternative
education programs: $36,000,000;
(3) Texas Education Agency for the Optional Extended Year
Program: $33,000,000;
(4) Texas Education Agency for the Basic Skills Programs for
High School Students Program: $50,000,000;
(5) Texas Education Agency for the Instructional Facilities
Allotment and the Existing Debt Allotment: $115,000,000;
(6) Texas Education Agency for Regional Education Service
Centers core services, $10,000,000;
(7) Teacher Retirement System for TRS-Care: $220,000,000;
and
(8) Teacher Retirement System for minimum effort transition
assistance component of TRS Active-Care: $27,000,000.
(2) On page III-19 of the Texas Education Agency's bill
pattern, amend Rider 65 as follows:

65. Technical Assistance for Certain School Districts. Out of the
funds appropriated above in Strategy B.3.1, Teaching Excellence and
Support, the Commissioner shall distribute an amount not to exceed
$10 million in 2004 and $10 million in 2005 to small and/or rural
school districts to assist them in securing professional
development and other technical assistance services from either a
Regional Education Service Center or other service provider. The
formula for distribution shall be determined by the Commissioner
and approved by the Legislative Budget Board and the Governor. In
addition, out of the funds appropriated above in Strategy B.3.1,
Teaching Excellence and Support, the Commissioner shall allocate to
Regional Education Service Centers serving small and rural school
districts $5 million in each year of the 2004-05 biennium for core
services in accordance with Texas Education Code Sec. 8.121.

ENGROSSED RIDER NO. 11

Amend the Amendment #11 on Pg. 9 of the amendment packet as follows:
(1.) In Section 1(b)(1), between "$33,000,000" and ";"
insert "if House Bill 451 or similar legislation is not
enacted, or $29,700,000 if House Bill 451 or similar
legislation is enacted".
(2.) Contingent upon the passage of House Bill 451 or
similar legislation, in Article III, page III-31,
Strategy A.3.1 Active Health of the bill pattern for
the Teacher Retirement System, increase the general
revenue appropriation by $3,300,000.
(3.) Contingent upon the passage of House Bill 451 or
similar legislation, direct the Legislative Budget
Board staff to make appropriate changes in Article
III, page III-34, Rider 9, Contingency Appropriation
for School District Employee Pass-Through, of the bill
pattern for the Teacher Retirement System, to indicate
the revised pass-through amounts for teachers, nurses,
counselors, librarians, and support staff, based on an
equal distribution per employee of the increased
funding.

ENGROSSED RIDER NO. 12

Amend C.S.H.B. 1 as follows:

(1) On Page IX-74, strike Sec. 11.15 and renumber the subsequent
sections appropriately.

ENGROSSED RIDER NO. 13

Amend C.S.H.B. 1 as follows:

On page X-4, for the Legislative Council, add the following new
rider:

____. The Legislative Council may transfer amounts, as
appropriate, to the Commission on Uniform State Laws.

ENGROSSED RIDER NO. 14

Amend Committee Substitute to House Bill No. 1 as follows:

Add the following rider to the Water Development Board bill
pattern:

Desalination Grants. Out of funds appropriated above in Strategy
A.1.2. Water Planning, the Water Development Board is authorized to
use an amount not to exceed $1.5 million from the Water Assistance
Fund No. 480 for competitively awarded grants for desalination
research and regional studies.

Make all other necessary adjustments.

Overview

This rider authorizes the use of existing funds for desalination
research and regional studies. This research will be used to
determine the feasibility and costs/benefits of building a
desalination facility on the Gulf Coast of Texas.

ENGROSSED RIDER NO. 15
Amend C.S.H.B. 1 as follows:

1. On page II-12 of the Cancer Council's bill pattern, reduce
General Revenue funds by $56,500 in 2004 and by $56,500 in
2005.

2. Move the bill pattern and appropriations for the Cancer
Council from Article II to Article I.

ENGROSSED RIDER NO. 16
Amend C.S.H.B. 1 as follows:
On page 23 Article I, Building and Procurement Commission,
add Section 26. Paul C. Moreno State Office Building. The Building
and Procurement Commission shall name the state office building in
El Paso, Texas, the Paul C. Moreno State Office Building in honor of
our colleague and friend, State Representative Paul C. Moreno.

ENGROSSED RIDER NO. 17
Amend C.S.H.B. 1 as follows:

1. On page I-40 of the bill pattern for the Employees Retirement
System, insert the following new language:
5. State Contribution to Group Insurance for General State
Employees. Funds identified above for group insurance
are intended to fund:
a. the total cost of the basic life and health
coverage for all active and retired employees;
b. fifty percent of the total cost of health coverage
for the spouses and dependent children of all
active and retired employees who enroll in
coverage categories which include a spouse and/or
dependent children; and
In no event shall the total amount of state contributions
allocated to fund coverage in an optional health plan
exceed the actuarially determined total amount of state
contributions that would be required to fund basic
health coverage for those active employees and retirees
who have elected to participate in that optional health
plan.
During each fiscal year, the state's monthly
contribution shall be determined by multiplying (1) the
per capita monthly contribution as certified herein by
(2) the total number of full-time active and retired
employees enrolled for coverage during that month.
Each year, upon adoption of group insurance rates by the
Board of Trustees, Employees Retirement System (ERS)
must notify the Comptroller, the Legislative Budget
Board, and the Governor of the per capita monthly
contribution required in accordance with this rider for
each full-time active and retired employee enrolled for
coverage during the fiscal year.
It is the intent of the Legislature that the Employees
Retirement System reduce provider payments by
renegotiating contracts or implementing a program of
selective contracting with certain providers
participating in HealthSelect to reduce both high cost
providers and other providers that will not hinder
compliance with Texas Department of Insurance access to
provider standards. Furthermore, it is the intent of the
Legislature that the Employees Retirement System control
the cost of the group insurance program by not providing
rate increases to health care providers participating in
HealthSelect during the 2004-05 biennium.
In order to fund the Employees Retirement System (ERS)
projected health plan costs for the 2004-05 Biennium,
the Legislature directs the Employees Retirement System
to reduce total health plan costs by $499.9 million in
All Funds and $304.7 million in General Revenue. This
reduction will be accomplished through benefit design
changes made by the Employees Retirement System provided
that these benefit design changes exclude mandatory use
of mail order for maintenance medications. The
Employees Retirement System is directed to replace the
cost savings related to mandatory mail order for
maintenance medications with other benefit design
changes. It is the intent of the Legislature that the
Employees Retirement System achieve this reduction, to
the extent possible, with the least impact on
participants.

ENGROSSED RIDER NO. 18
Amend amendment No. 43 by Hopson to C.S.H.B. 1 (page 24,
amendment packet) by inserting the following between "with other
benefit design changes" and the period:
"that shall include requiring that participants who choose to
obtain the medications other than by mail order pay the additional
costs of doing so".

ENGROSSED RIDER NO. 19
Amend C.S.H.B. No. 1 in Article 1 by adding the following
appropriately numbered rider (on page I-52) following the
appropriations to the trusteed programs within the office of the
governor:
___ The criminal justice division of the governor's office,
from funds appropriated under this Act, may not award a grant under
Section 772.006, Government Code, to a multijurisdictional drug
task force.

ENGROSSED RIDER NO. 20
Amend C.S.H.B. 1 as follows:

(1) In Article 1, add the following appropriately numbered rider
under the appropriations to the Commission on Human Rights (page
I-58):

__.Data Collected. The Commission on Human Rights shall collect
information on all complaints of discriminatory practices from
persons claiming to be aggrieved by a discriminatory employment
practice.

ENGROSSED RIDER NO. 21
Amend Amendment No. 51 by Farrar to C.S.H.B. No. 1 (amendment
package page 36) on line 6, between "complaints" and "of
discriminatory" by inserting "received by the commission".

ENGROSSED RIDER NO. 22

Amend C.S.H.B. 1 as follows:

Required Action

On page I-60 of the bill pattern for the Department of Information
Resources, add the following new rider:

____ Contingency for House Bill 2067. Contingent on passage of
House Bill 2067, Senate Bill 1701 or similar legislation
relating to the Department of Information Resources'
management of certain electronic and telecommunications
projects, by the Seventy-eighth Legislature, Regular
Session, 2003 if the Legislative Budget Board (LBB) and the
Governor approve the Department of Information Resources
(DIR) proposal for funding a project or projects under
Section 2055.101, Government Code, agencies shall pay DIR
their share of funding for development of a business case and
funding model and any costs associated with the planning,
development and implementation for the project as identified
by DIR.
State agencies shall use the services provided through the
DIR as part of a designated consortia project based on a cost
recovery model developed by the DIR. Agencies may not expend
appropriated funds for services designated as a consortia
project by the DIR.
Costs savings realized by the affected agencies from
implementation of the approved project or projects shall be
reported to the LBB and Governor by DIR.

ENGROSSED RIDER NO. 23
Amend C.S.H.B. No. 1 in Article I of the bill by adding the
following appropriately numbered rider following the
appropriations to the office of the attorney general:
____. Recognition of License to Carry Concealed Handgun
Issued by Another State. Contingent on the enactment and becoming
law of House Bill 3477, or similar legislation by the 78th
Legislature, Regular Session, relating to reciprocity agreements
with other states concerning concealed handgun licenses, an amount
sufficient to cover the cost to the attorney general of hiring 1.5
FTEs to perform the duties described by that legislation is
transferred to the attorney general out of the appropriation to the
Department of Public Safety for each fiscal year under strategy
B.1.8 for concealed handgun licensing (page V-43).

ENGROSSED RIDER NO. 24
Amend C.S.H.B. No. 1 in Article I of the bill by adding the
following appropriately numbered rider following the
appropriations to the Comptroller of Public Accounts:
____. Contingency Appropriation for House Bill 2458.
Contingent upon the enactment of House Bill 2458 or similar
legislation relating to the collection and or allocation of the
Texas motor fuels tax, by the 78th Legislature Regular Session, the
Comptroller of Public Accounts, Strategy A.1.7. Lateral Road Fund
District, is hereby increased to $10,950,000 for fiscal year 2004,
and $14,600,000 for Fiscal year 2005.

ENGROSSED RIDER NO. 25
Amend Amendment No. 57 by Hilderbran to C.S.H.B. No. 1 (page
41, amendment package), by striking the text of the amendment and
substituting the following:
Amend C.S.H.B. No. 1 in Article IX of the bill by adding the
following appropriately numbered subdivision to Section 11.29 of
that article:
(__) Comptroller of Public Accounts: an additional
$10,950,000 for allocation to each county for payment of the
construction and maintenance of county roads, contingent on
enactment of H.B. 2458 or similar legislation changing the point of
collection of the motor fuels taxes, by the 78th Legislature,
Regular Session, 2003;

ENGROSSED RIDER NO. 26
Amend C.S.H.B. No. 1 as follows:
(1) Increase the Article II appropriations to the Texas
Department of Health for Strategy A.1.4, Radiation Control (page
II-20), by $323,000 for the state fiscal year ending August 31,
2004, and by $323,000 for the state fiscal year ending August 31,
2005.
(2) Adjust totals and methods of financing appropriately.

ENGROSSED RIDER NO. 27
Amend Amendment No. 61 (amendment packet, page 46) by Chisum
to C.S.H.B. No. 1 by striking the text of the amendment and
substituting the following:
Amend C.S.H.B. No. 1 by adding the following appropriately
numbered Subdivision to Section 11.29 of the bill (Article IX, page
86):
(_) Texas Department of Health for Radiation Control:
$323,000 for the state fiscal year ending August 31, 2004, and
$323,000 for the state fiscal year ending August 31, 2005;

ENGROSSED RIDER NO. 28
Amend C.S.H.B. 1 as follows:
(1) On page I-62, Department of Information Resources,
reduce Goal C: Telecommunications by $2,980,275 in general revenue
for the biennium.
(2) On page I-66, Department of Information Resources,
Section 9, Telecommunications Revolving Account, strike the last
sentence in the section which reads "Included in the amounts
appropriated above is $2,980,275 in General Revenue Funds in this
account for the purposes set forth above."
(3) On page II-21, increase funding for Strategy A.3.2.
Immunizations by $2,980,275 for Immunization Funding.

ENGROSSED RIDER NO. 29
Amend Amendment No. 63 by Hochberg to C.S.H.B. No. 1 (page 47
of the amendment packet) as follows:
(1) Strike lines 10 and 11 of the amendment and substitute
the following:
(3) On page III-2, increase the appropriation for the year
ending September 1, 2004, for Strategy A.2.4, Students with
Disabilities, by $2,980,275.
(4) On page III-16, in Rider 53 to the Texas Education
Agency, by increasing the amount set aside for 2004 by $2,980,275.

ENGROSSED RIDER NO. 30
Amend C.S.H.B. 1 as follows:
(1) On page III-19, add the following new rider:
"69. Additional State Aid for Ad Valorem Tax Credits Under
Texas Economic Development Act. Notwithstanding any other
provision of this Act or other law, no funds appropriate to the
Texas Education Agency by this Act shall be used for state aid for
tax credits credited against ad valorem taxes of a school district
under Subchapter D, Chapter 313, Tax Code.
(2) On page II-40, increase funding for Strategy B.2.3
Premiums: Pregnant Women by $49.8 million for Medicaid for
Pregnant Women.

ENGROSSED RIDER NO. 31
Amend Amendment No. 97 by Hodge to C.S.H.B. No. 1 (amendment
package page 343) by striking lines 2 through 8 of the amendment and
substituting the following:
In Article IX of the bill, Section 11.29, add the following
appropriately numbered subdivision and renumber the subsequent
subdivisions appropriately:
( ) Health and Human Services for medically necessary health
care to Medicaid eligible pregnant women: $87,300,000.

ENGROSSED RIDER NO. 32
Amend C.S.H.B. 1 as follows:

1. On page II-54 of the Health and Human Services Commission
bill pattern, amend the first sentence of Rider 46, Cancer
Prevention, by inserting "the inclusion of the Texas Cancer
Council in the" between "upon" and "passage".

2. On page II-54 of the Health and Human Services Commission
bill pattern, amend the last sentence of Rider 46, Cancer
Prevention, by striking "local and community clinics" and
inserting "programs".

ENGROSSED RIDER NO. 33
Amend Amendment No. 103 by Eiland to C.S.H.B. No. 1
(amendment package page 86) by striking items 1 and 2 of the
amendment and substituting:
Strike Rider 46 following the Article II appropriations to
the Health and Humans Services Commission (page II-54).

ENGROSSED RIDER NO. 34
Amend C.S.H.B. 1 as follows:
(1) On page I-50, Trusteed Programs Within the Office of the
Governor, strike Strategy A.1.2. Disaster Funds and the funding for
the strategy in the amount of $2.5 million in Fiscal Year 2004 and
U.B. in Fiscal Year 2005 and renumber the remaining strategies
accordingly.
(2) On page I-52, Trusteed Programs Within the Office of the
Governor, add the following section and renumber the remaining
sections accordingly.
"Sec. ____. DISASTER ASSISTANCE. Notwithstanding other
limitations on transfers of funds contained in this Act, the
governor is authorized to transfer funds between agencies and
between strategies within an agency in order to respond immediately
to events for which the governor has declared a State of Disaster by
executive order or proclamation. A detailed list of the agencies
and strategies from which funds are transferred under the authority
of this rider shall be provided to the Legislative Budget Board and
the Comptroller of Public Accounts."
(3) In Article II, Health and Human Services Commission,
increase funding by $2.5 million for Breast & Cervical Cancer
Programs for Low Income Women.

ENGROSSED RIDER NO. 35
Amend amendment No. 106 by Coleman to C.S.H.B. 1 (page 88,
amendment packet) by striking the existing text of the amendment
and substituting the following:
In Article II of the bill, add the following appropriately
numbered rider following the appropriation to the Health and Human
Services Commission:
___. Breast and Cervical Cancer Programs. Out of amounts
appropriated to the Health and Human Services Commission in
Strategy B.2.7., Cost Reimbursed Services, the commission shall
spend the amount of $2.5 million during the state fiscal biennium
beginning September 1, 2003, for purposes of funding breast and
cervical cancer programs for low income women.

ENGROSSED RIDER NO. 36
Amend CSHB 1 as follows:
Amend Sec. 25 (Mental Retardation Medicaid Waiver) of CSHB 1,
on page II-115, to read as follows:

(a) Out of funds appropriated to agencies identified in Chapter
531, Government Code, the Health and Human Services Commission
(HHSC) shall [may] identify and transfer funds from those agencies
in order to fund the current 3/4 bed model in the Mental Retardation
Medicaid Waiver program[, in an amount not to exceed $15,252,792 in
General Revenue or $38,341,424 in All Funds]. The 3/4 bed model
waiver program costs shall not exceed 85% of the non-state school
ICF/MR rate. The transfers of funding between agencies are subject
to prior approval by the Legislative Budget Board and the Governor.
Requests to transfer funds shall include the source of funding and
method of financing.

ENGROSSED RIDER NO. 37
Amend amendment No. 129 by Wohlgemuth to C.S.H.B. No. 1
(amendment packet, page 146) by striking the language following
"Amend CSHB 1 as follows:" and substituting the following:
In Article II, strike Rider 12 following the appropriation to
the Department of Mental Health and Mental Retardation (page II-83)
and substitute the following:
12. Home and Community-Based Services (HCS) Waiver Program.
The department shall ensure the cost-effectiveness of the HCS
program by limiting the average annual HCS expenditure per client
to 80 percent of the average annual per client ICF-MR expenditure.
Expenditures for individual clients may exceed this cap as long as
the overall average expenditure for HCS clients remains below 80
percent of the ICF-MR annual average. Furthermore, it is the intent
of the legislature that, to increase the number of clients served,
the overall average monthly expenditure per client may not exceed
$3,430 per month in the fiscal years 2004 and 2005. The Department
of Mental Health and Mental Retardation and the Health and Human
Services Commission shall report to the Legislative Budget Board
and the governor by October 1 of each year of the biennium on the
measures taken to decrease the average cost per person and to
increase the number of clients served in the HCS program.

ENGROSSED RIDER NO. 38
Amend C.S.H.B. No. 1 as follows:
On page II-23.

Health Care Program. Out of funds appropriated to the Department of
Health, in Strategy 4.2.1, Community Health Services, $256,000 in
fiscal year 2004 and $216,000 in fiscal year 2005 are allocated to
fund a health care program in low income metropolitan areas with a
significant percentage of senior citizens.

ENGROSSED RIDER NO. 39
Amend the Amendment #132 found on p. 148 of the packet as
follows:
On page II-23.

D.2.1

Health Care Program. Out of funds appropriated to the Department of
Health, in Strategy D.2.1, Community Health Services, $200,000 in
fiscal year 2004 and $118,000 in fiscal year 2005 are allocated to
fund a health care program in low income metropolitan areas with a
significant percentage of senior citizens.

ENGROSSED RIDER NO. 40
Amend C.S.H.B. No. 1 in Article II, on page II-35, Rider 58
following the appropriation to the Texas Department of Health, by
striking the sentence, "Each year of the biennium $2.5 million
shall be granted to the lending corpus of the Community Development
Financial Institution Account, and account within the general
revenue fund to exclusively finance FQHCs and institutions seeking
to become FQHCs." and substituting the sentence, "Each year of the
biennium $2.5 million shall be granted to the lending corpus of a
Community Development Financial Institution which exclusively
finances FQHCs and institutions seeking to become FQHCs.".

ENGROSSED RIDER NO. 41
Amend Amendment No. 136 by Solis to C.S.H.B. 1 (page 156,
floor amendment packet) as follows:
(1) On page 1, line 1, strike "Rider 58" and substitute "by
striking Rider 37 following the appropriation to the Texas
Department of Health and substituting the following:".
(2) On page 1, strike lines 2 through 10, and substitute the
following:
37. USE OF COMMUNITY HEALTH SERVICES FUNDS. It is the
intent of the Legislature that not less than $7.0 million per year
of the funds appropriated in Strategy D.2.1 be expended exclusively
to sustain existing Federally Qualified Health Centers and to help
create new Federal Qualified Health Centers (FQHCs) in the
following manner: Each year of the biennium $4.5 million shall be
expended in grants to existing or new institutions seeking to
become FQHCs for planning, grant writing, initial operating costs,
and initial capitol costs. Each year of the biennium $2.5 million
shall be granted to the lending corpus of the Community Development
Financial Institution, which exclusively finances FQHCs and
institutions seeking to become FQHCs. All other funds appropriated
in Strategy D.2.1, Community Health Services, shall be used solely
for the provision of direct primary care services through the
continuation of the Primary Healthcare Program for existing FQHCs
and non FQHCs, with the exception of $1,018,000 appropriated in the
strategy for the Office of Minority Health and Parkland Senior
Care.

ENGROSSED RIDER NO. 42

Amend C.S.H.B. 1 follows:

In Article II, add the following language to the appropriately
numbered rider under the appropriations to the Department of Health
(page II-36):

44. Children with Special Health Care Needs.
a. Amounts appropriated above to the Department of Health in
Strategy D.1.3, Special Needs Children may only be
transferred to Strategy E.2.1, Support of Indigent
Health Services, to the Health and Human Services
Commission Strategy B.2.4, Premium: Children/Medically
Needy. Transfers to the Health and Human Services
Commission from Department of Health Strategy D.1.3. may
only be made if General Revenue is made available by
CSHCN-eligible children becoming eligible for Medicaid.
Any transfers pursuant to this provision are subject to
prior notification to the Legislative Budget Board and
the Governor that such a transfer is to take place. Funds
may not be transferred from D.1.3, Special Needs
Children, if such a transfer would result in a loss of,
or reduction in, services, or a loss of, or reduction in,
persons otherwise eligible for CSHCN services.
Notwithstanding any other provisions contained in this
Act, no transfers shall be made out of Strategy D.1.1,
Women and Children's Health Services. Further, the
department shall make expenditures from Strategy D.1.3,
Special Needs Children, from state funds in proportion
to the source of funds budgeted for the strategy. The
department shall report quarterly on compliance with
this provision to the Legislative Budget Board and the
Governor. The Comptroller of Public Accounts shall
monitor compliance with these provisions and establish
additional procedures, if necessary.
b. The Department of Health shall evaluate actuarial
projections and projected expenditures for the Children
with Special Health Care Needs program on a quarterly
basis. If the department makes a finding of fact that
projected expenditures are less than projected available
appropriations for that fiscal year, the department
shall first report this finding and related analysis to
the Legislative Budget Board and Governor at least 30
days prior to adding clients from the waiting list to the
program rolls. The department should add clients from
the waiting list in order that projected expenditures
equal projected available appropriations for that fiscal
year.

ENGROSSED RIDER NO. 43
Amend C.S.H.B. No. 1 in Article II of the bill by adding the
following appropriately numbered rider following the
appropriations to the Department of Health:
__ Additional Transfer Authority: State-Funded
Immunizations. Subject to the limitations on transfer authority
prescribed by Rider 2 and in addition to the general transfer
authority authorized by Rider 3, the Department of Health may
transfer appropriations from one or more other appropriation items
to appropriation item A.3.2, Immunizations, in the amounts the
commissioner of public health or the Board considers necessary for
the purpose of providing current and effective immunizations
coverage for recipients of state-funded immunizations comparable
to the immunizations coverage received by persons covered by the
state Medicaid program or private insurance.

ENGROSSED RIDER NO. 44

Amend the Capelo amendment #140 by striking "in addition to the
general transfer authority authorized".

ENGROSSED RIDER NO. 45
Amend C.S.H.B. No. 1 in Article II of the bill by adding the
following appropriately numbered rider following the
appropriations to the Texas Department of Health:
__. MEDICALLY FRAGILE CHILDREN. It is the intent of the
legislature that the Texas Department of Health provide appropriate
general revenue funding in fiscal years 2004 and 2005 in strategy
D.1.3, Special Needs Children, for programs specifically designed
for medically fragile children, the most critical of the children
with special health care needs. These programs should match state
funds with private funds and follow the guidelines and criteria
developed through the pilot program for medically fragile children
established and funded by Rider 57 to the appropriations made to the
Department of Health during the 77th Legislature, Regular Session.

ENGROSSED RIDER NO. 46

Amend C.S.H.B. 1 as follows:

In Article II, Department of Health, add the appropriately numbered
rider:
____. Children with Special Health Care Needs Wraparound
Services Allocation. The Department of Health shall calculate and
reserve from transfer pursuant to Rider 5 the amount of General
Revenue and Federal Funds needed to provide services to children
who are enrolled in the Children's Health Insurance Program and who
also are eligible through the Children with Special Health Care
Needs Program to receive additional wraparound services not
provided in the CHIP benefits package.

ENGROSSED RIDER NO. 47

Amend amendment #143 on page 164 of the packet to CSHB to read as
follows:
____. Children with Special Health Care Needs Wraparound
Service Allocation. The Department of Health shall calculate and
reserve from transfer pursuant to Rider 5 the amount of General
Revenue and Federal Funds needed to provide services to children
who are enrolled in the Children's Health Insurance Program and who
also are eligible through the Children with Special Health Care
Needs Program to receive medical care and supplies [additional
wraparound services] not provided in the CHIP benefits package.

ENGROSSED RIDER NO. 48
Amend C.S.H.B. 1 as follows:

On Page II-38 of C.S.H.B.1 add the following rider:
____. Trauma Formula Distribution. It is the intent of the
Legislature that the Department of Health allocate monies from the
emergency medical services and trauma care system fund in
accordance with Health and Safety Code Sec. 773.122(c). It is
further the intent of the Legislature that the Department of Health
weight the statutory criteria in such fashion that, in so far as
possible, 40 percent of the funds are allocated to urban counties
and 60 percent of the funds are allocated rural and frontier
counties.

ENGROSSED RIDER NO. 49

Amend CSHB 1 as follows:

In Article II, Department of Health, add the appropriately numbered
rider:

____. Small Urban Hospitals. Restore the appropriation from the
interest earned on the $25 million dedicated funds to the small
urban hospitals for development and growth of health care
facilities in under served urban communities.

ENGROSSED RIDER NO. 50
Amend Amendment No. 148 by Davis to C.S.H.B. No. 1 (page 161,
amendment packet), by striking the existing text of the amendment
and substituting the following:
Amend C.S.H.B. No. 1 as follows:
(1) Reduce the Article II appropriations to the Texas
Department of Health for Strategy E.2.3: Health Care Facilities
(page II-24), by the amount available for appropriation under
Section 403.1066, Government Code.
(2) In Article II of the bill, add the following
appropriately numbered rider following the appropriations to the
Texas Department of Health:
____. SMALL URBAN HOSPITALS. In addition to other amounts
appropriated to the Texas Department of Health by this Act, the
amount of available for appropriation under Section 403.1066,
Government Code, is appropriated to the department for the state
fiscal biennium beginning September 1, 2003, for the purposes
described by Section 403.1066(c), Government Code.

ENGROSSED RIDER NO. 51
Amend C.S.H.B. 1 as follows:
On Page II-38 of C.S.H.B. 1 add the following rider:
____. Additional Appropriation for Quality Emergency Care
Regulation, EMS Fees. The Texas Department of Health
is hereby appropriated any additional revenues
generated in the General Revenue-Dedicated Bureau of
Emergency Management Account No. 512 above the
amounts identified in fiscal years 2004 and 2005 for
Account No. 512 in the Comptroller of Public Accounts'
Biennial Revenue Estimate, for the purpose of
regulating emergency services providers and emergency
services personnel. Funds appropriated in this item
may be transferred to the appropriate strategies for
the purpose of regulating emergency medical services
providers and emergency services personnel.

ENGROSSED RIDER NO. 52
Amend amendment No. 150 by Wohlgemuth to C.S.H.B. 1 (page
169, amendment packet) by striking the existing text of the
amendment and substituting the following:
In Article IX of the bill, add the following appropriately
numbered subdivision to Section 11.29:
(_) Texas Department of Health for the purpose of regulating
emergency services providers and emergency services personnel,
contingent on H.B. No. 1930 or similar legislation being enacted by
the 78th Legislature, Regular Session, and becoming law: all
additional revenues deposited to the credit of the Bureau of
Emergency Management Account No. 512 (dedicated general revenue
account) that are generated as a result of the legislation;

ENGROSSED RIDER NO. 53

Amend C. S. H. B. 1 as follows:

On page II-54, strike existing rider # 47 and substitute the
following:

Medicaid Waiver for Women's Health. Contingent upon the passage of
HB 2606 or similar legislation, the Health and Human Services
Commission shall maximize federal funding for women's health care
services by applying for an 1115 Medicaid waiver for women's health
and family planning services. Any waiver request must be designed
to generate a savings in general revenue during this biennium.

ENGROSSED RIDER NO. 54

Amend amendment #153 found on page 173 of the packet to C.S.H.B. 1
as follows:

On page II-54, strike existing rider # 47. and substitute the
following:

ENGROSSED RIDER NO. 55
Amend CSHB 1 as follows:
On page II-55 (Health and Human Services Commission), by
adding a new rider to read as follows:
____. The Health and Human Services Commission shall review
and revise its mental retardation provider cost reporting rules,
regulations and procedures for the purposes of simplifying the cost
reporting process and reducing overall administrative costs to the
state and providers while providing fair and accurate financial
information to the state necessary to the proper planning and
funding of mental retardation services. In so doing it shall seek
to capture any and all costs, follow GAAP standards and to the
extent possible, utilize financial statements similar to those
prepared for banking, tax, and other common business financial
planning, evaluation, and reporting purposes.

In implementing this directive, the Commission shall utilize a
workgroup of providers, advocates, agency staff, and private sector
financial experts, and shall ensure a clear separation between the
rate setting and analysis functions and from the audit functions.

ENGROSSED RIDER NO. 56
Amend CSHB 1 as follows:
Amend Article II, Health and Human Services Commission, by
adding the following rider:
___. Contingent upon the passage of HB 2292, or similar
legislation, from the funds appropriated above, the Commission may
use up to $1.125 million General Revenue (estimated to be total
funds of $4.5 million) for the implementation of a 'front-end'
Medicaid fraud program.

ENGROSSED RIDER NO. 57
Amend amendment # 156 on page # 178 of the packet to CSHB 1 as
follows:
Amend Article II, Health and Human Services Commission, by
adding the following rider:
___. Contingent upon the passage of HB 2292, or similar
legislation, from the funds appropriated above, the Commission may
[use up to $1.125 million General Revenue (estimated to be total
funds of $4.5 million) for the implementation of] implement a '
front-end' Medicaid fraud program.

ENGROSSED RIDER NO. 58

Amend C.S.H.B. 1, at page II-55 (Health and Human Services
Commission), by adding a new rider to read as follows:

"___. The Health and Human Services Commission shall establish a
work group comprised of providers, advocates, appropriate agency
staff, and other persons or entities deemed by the Commissioner to
be necessary to accomplish this charge to:

a) Evaluate its current regulatory and administrative functions,
and those of the agencies under its jurisdiction, relating to the
provision of mental retardation services, and recommend ways to
eliminate duplicative functions, while maintaining services and
ensuring ongoing agency accountability;

b) Review its current statutory authority and rules, regulations
and procedures, and those of the agencies under its jurisdiction,
relating to the provision of mental retardation services, to
identify those which exceed federal requirements, add no value to
current programs, are duplicative, or are overly burdensome or
costly, for the purpose of achieving an overall reduction in
paperwork requirements imposed upon persons subject to its
regulation of at least 10% by September 1, 2005, through:
(1) revision of its own rules, regulations and procedures;
(2) recommendations for revision of rules, regulations and
procedures of those agencies under its jurisdiction; and
(3) and recommendations for statutory changes by the
legislature.

c) The Commission shall report its findings, actions and
recommendations to implement this directive to the Legislative
Budget Board, the Senate Finance Committee, the House
Appropriations Committee and the Governor's Budget Office not later
than October 1, 2004."

ENGROSSED RIDER NO. 59

Amend C.S.H.B. 1 as follows:

In Article II, add the following appropriately numbered rider under
the appropriations to the Health and Human Services Commission:

___. No requirements for prior authorizations or other
restrictions on medication used to treat mental illnesses such as
schizophrenia, depression or bipolar disorder may be imposed on
Medicaid recipients. Medications that will be available shall
include atypical anti-psychotic medications, conventional
anti-psychotic medications and other medications used for the
treatment of mental illnesses.

ENGROSSED RIDER NO. 60
Amend Amendment found on page 180 of the packet to CSHB 1 by
making the following corrections:

In Article II, add the following appropriately rider under the
appropriations to the Health and Human Services Commission:

______. No requirements for prior authorizations or other
restrictions on medication used to treat mental illnesses such as
schizophrenia, depression or bipolar disorder may be imposed on
Medicaid recipients. [Meditations] Medications that will be
available shall include atypical anti-psychotic medications,
conventional anti-psychotic medications and other medications used
for the treatment of mental illnesses.

ENGROSSED RIDER NO. 61
Amend C.S.H.B. No. 1, under the Article II appropriations to
the Health and Human Services Commission, by adding the following
appropriately numbered rider:

___. Selective Contracts With Health Care Providers. (a) The
Health and Human Services Commission shall, if cost-effective,
develop and implement a system of selective contracts with health
care providers for the provision of the following services or
supplies to recipients of medical assistance:
(1) hospital services;
(2) laboratory services;
(3) durable medical supplies; and
(4) eyeglass services.
(b) In implementing a system of selective contracts, the
department must consider the quality of services provided and the
cost of services or supplies provided.

ENGROSSED RIDER NO. 62
Amend amendment No. 162 by Delisi to C.S.H.B. 1 (page 184
amendment packet) as follows:
(1) On page 1, line 6 of the amendment, insert "selected"
between "system of selective contracts with" and "health".
(2) On page 1, line 7 of the amendment, insert the following
between "care providers" and "for the provision of":
"who are providing services on a fee-for-service basis".

ENGROSSED RIDER NO. 63

Amend CSHB 1 in Article II, Health and Human Services Commission, by
adding appropriately numbered rider to read as follows:

Inpatient Hospital Reimbursement to Children's Hospitals. Out of
funds appropriated above, the Commission shall provide that
reimbursement for inpatient hospital services provided at a
children's hospital in Texas through the Medicaid acute care
program shall not be less than the payment amount established under
the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) cost
reimbursement methodology for the hospital.

ENGROSSED RIDER NO. 64
Amend Floor Amendment No. 165 by ____ to C.S.H.B. 1 (page 188,
amendment packet) by striking "through the Medicaid acute care
program" and substituting "under the traditional fee-for-service
component of the state Medicaid program".

ENGROSSED RIDER NO. 65
Amend CSHB 1 as follows:
Amend Article II, Department of Human Services by adding the
following rider:
___. Community Care Waiver Slots. It is the intent of the
Legislature that the Department of Human Services allow the number
of community care waiver slots to be reduced to and maintained at
appropriated levels through attrition.

ENGROSSED RIDER NO. 66
Amend C.S.H.B. No.1 in Article II of the bill by striking
Rider 31 (Page II-70) following the appropriations to the Texas
Department of Human Services and substitute:
Community Care Assessment Tool. Out of funds appropriated
above, the Department of Human Services shall develop a new
functional needs assessment tool for eligibility for community care
programs for aged and disabled clients, which takes into
consideration any other evaluation/assessment tools utilized by
other state agencies and other states. The tool shall take into
consideration innovations in technology with assistive devices.
The assessment tool shall be evaluated for validity by an
independent third party as an assessment tool for ensuring that
clients with the greatest functional needs are identified for
services. The assessment tool shall ensure that a client's family
resources, monetary, community resources and otherwise, are taken
into consideration in the calculation of hours of assistance
needed. The scoring instrument will be used in conjunction with
program services to ensure that clients with scores identifying the
greatest financial and functional needs receive services. It is
the intent of the Legislature that the department provide a status
report on progress in developing the tool on the Legislative Budget
Board and the Governor by January 1, 2004 and that the tool be fully
implemented by September 1, 2004.

ENGROSSED RIDER NO. 67

Amend C.S.H.B. 1 follows:

In Article II, add the following language to the appropriately
numbered rider under the appropriations to the Department of Human
Services (page II-70):

___ Health, Abstinence and Marital Development Program.
Contingent upon passage of legislation that implements health,
abstinence, and marital development programs for TANF recipients,
it is the intent of the legislature that such programs would include
components related to family violence and resources for family
violence victims.

ENGROSSED RIDER NO. 68

Amend C.S.H.B. 1 as follows:

(1) In Article II, add the following appropriately numbered rider
under the appropriations to the Texas Department of Human Services:
___. PROHIBITION ON ELECTRONIC IMAGING. No funds
appropriated by this Act may be used to pay for electronic
fingerprint-imaging or photo-imaging of adult or teen parent
applicants for or adult or teen parent recipients of the Temporary
Assistance for Needy Families program.

(2) In Article II, under the appropriations to the Texas
Department of Human Services, reduce the amounts appropriated from
the General Revenue Fund for Strategy B.1.2. CSS Eligibility &
Issuance Services (page II-xx) by $1,149,495 for the fiscal year
beginning September 1, 2003, and $1,149,495 for the fiscal year
beginning September 1, 2004.

(3) In Article II, under the appropriations to the Health and
Human Services Commission, increase the amounts appropriated from
the General Revenue Fund for the Breast and Cervical Cancer
Treatment Program by $1,149,495 for the fiscal year beginning
September 1, 2003, and $1,149,495 for the fiscal year beginning
September 1, 2004.

ENGROSSED RIDER NO. 69
Amend Amendment No. 181 by Rodriguez to C.S.H.B. No. 1 (page
202, amendment packet) as follows:
(1) In Item (1) of the amendment, in the proposed rider
following the appropriations to the Texas Department of Human
Services, between "program" and the period, insert "by a person or
entity with whom the department contracts until the office of the
attorney general completes an audit of the background and
performance of the person or entity and the legality of the process
used to award the contract".
(2) Strike Items (2) and (3) of the amendment.

ENGROSSED RIDER NO. 70

Amend CSHB 1 as follows:

Amend Article II (page II-90) by including the following sentence
at the end of the first paragraph of Rider 50:

If a State School is closed, the Department must offer a current
resident of that State School the option to remain within the State
School system and must honor the choice of the individual, or the
individual's legally authorized representative, to remain within
the State School system, if that individual so chooses.

ENGROSSED RIDER NO. 71
Contingent upon passage of HB 1801, SB 1182, or similar
legislation, the Department of MHMR shall negotiate a performance
agreement with each Local MHMR Authority based on the priorities of
the local community as expressed in the local service plan. The
performance agreement shall specify certain outcome expectations
for programs administered by the local authority. Performance
related to these outcomes must be verifiable by the Department.
Measures relating to outputs, units of service delivered, and
efficiencies which may be included in the performance agreement,
shall be recorded in the local authority automated data systems.
Copies of these reports shall be forwarded to the Department at
least annually.

ENGROSSED RIDER NO. 72
Amend CSHB 1 as follows:
On page II-93, add the following new rider:
____. Expenditures on Bond Homes. It is the intent of the
Legislature that expenditures made for the provision of client
services in bond homes operated by the Department of Mental Health
and Mental Retardation shall not exceed the approved reimbursement
rates.

ENGROSSED RIDER NO. 73
Amend Amendment No.192 to C.S.H.B. No. 1 by Wohlgemuth
(amendment package page 225) by inserting the following sentence
after "approved reimbursement rates.": "The Legislature also
intends that those reimbursement rates be based on the level of need
and be calculated in the same manner as the reimbursement rates for
private sector service providers who provide those client services
under a contract with the department."

ENGROSSED RIDER NO. 74
Amend C.S.H.B. No. 1 in Article II, Rider 64.b (on page
II-93), by striking:

"The task force may recommend to the Commissioner of the Health and
Human Services Commission the consolidation or closure of state
schools."

ENGROSSED RIDER NO. 75

Amend C.S.H.B. 1 as follows:

In Article II, Health and Human Services Commission, add the
appropriately numbered rider:

____. Prescription Allowances. The Health and Human Services
Commission shall not reduce the number of monthly prescription
allowances.

ENGROSSED RIDER NO. 76
Substitute for the Amendment to Amendment No. 201 by Davis to
C.S.H.B. No. 1 by striking the existing text of the amendment to the
amendment and substituting the following:
Amend Amendment No. __ by Davis to C.S.H.B. No. 1 (page 186,
amendment packet), by striking the existing text of the amendment
and substituting the following:
Amend C.S.H.B. No. 1 by adding the following appropriately
numbered rider following the Article II appropriations to the
Health and Human Services Commission:
__. VENDOR DRUG PROGRAM: PRESCRIPTION DRUG LIMIT. It is
the intent of the legislature that the Health and Human Services
Commission not deny a recipient of medical assistance under Chapter
32, Human Resources Code, a prescription drug under the vendor drug
program if the prescription drug is appropriately prescribed and,
if the recipient receives the prescription drug, the recipient will
not have exceeded the number of prescription drugs authorized by
law.

ENGROSSED RIDER NO. 77
Amend C.S.H.B. 1 as follows:
(1) On page VI-26, Trusteed Programs within the General Land
Office, Strategy B.1.1. Purchase of Land for PSF, by reducing the
appropriation by $37,500,000 in Fiscal Year 2004 and $ 37,500,000
in Fiscal Year 2005.
(2) On page III-4, increase funding for Strategy B.2.1.
Instructional Materials by $37.5 million for purchase of ESL
Textbooks.

ENGROSSED RIDER NO. 78
Amend Amendment No. 219 by Alonzo to C.S.H.B. No. 1 (page 250
the amendment packet) by striking the text of the amendment and
substituting the following:
Amend C.S.H.B. No. 1 in Article III, following the
appropriations to the Texas Education Agency, by inserting the
following appropriately numbered rider:
____. Instructional Materials. Funds appropriated in
Strategy B.2.1, Instructional Materials, may be expended only on
continuing contracts for the purchase of instructional materials
and the instructional materials for the following courses and
grades: social studies, grades six through eight; English as a
second language, kindergarten and grades one through five; United
States history and advanced placement United States history;
economics; biology and advanced placement biology.

If there are funds available in Strategy B.2.1, Instructional
Facilities, following the purchase of the instructional materials
described in the preceding paragraph, the funds may be expended on
instructional materials for the following courses and grades:
social studies, grades one through five; and world geography.

ENGROSSED RIDER NO. 79

Amend C.S.H.B. 1 as follows:

In Article III, Texas Education Agency, amend Rider No. 58 as
follows:

58. Academic Enrichment. Out of funds appropriated in Strategy
A.2.5, School Improvement and Support Programs, the
commissioner shall identify $85 million in state and federal
funds for the 2004-05 biennium to be distributed to support
the establishment and implementation of services, programs,
and activities designed to enrich or extend student learning
experiences outside of the regular school day. It is the
intent of the legislature that grants shall be provided to
schools to match local funds expended for this purpose. In
awarding grants pursuant to this rider, the Commissioner
shall give emphasis to schools with high concentrations of
economically disadvantaged students. Any unexpended
balances in fiscal year 2004 are appropriated for fiscal year
2005.
Out of the amount identified above, the Commissioner shall
set aside from the Foundation School Program Compensatory
Education allotment an amount not to exceed $2.5 million in
each year of the biennium to the Investment Capital Fund.
Grants made from the Investment Capital Fund pursuant to this
rider are subject to the provisions contained in Sec. 7.024
of the Texas Education Code, and grants may only be made to
entities that meet the criteria set forth in that section.
Out of the amount identified above in this rider, the
Commissioner shall set aside $17,500,000 million in each year
of the biennium to the Communities in Schools Program.
Programs eligible to receive funds pursuant to the provisions
set forth in this rider include, but are not limited to, the
Alliance Organizations, AVANCE, Do Something, and
Communities in Schools.

ENGROSSED RIDER NO. 80

Amend C.S.H.B. 1 as follows:

On page III-17 of the Texas Education Agency's bill pattern, amend
rider #58 as follows:

Out of the amount identified above, the Commissioner shall set
aside from the Foundation School Program Compensatory Education
allotment an amount not to exceed $2.5 million in each year of the
biennium to the Investment Capital Fund. Out of the amount
identified above, it is the intent of the Legislature that the
Commissioner allocate $4,500,000 in each year of the biennium, in
addition to the amount set aside from the Compensatory Education
allotment, for programs currently eligible for grants from the
Investment Capital Fund. Grants made from the Investment Capital
Fund pursuant to this rider are subject to the provisions contained
in Sec. 7.024 of the Texas Education Code, and grants may only be
made to entities that meet the criteria set forth in that section.

Out of the amount identified above, it is the intent of the
Legislature that the Commissioner allocate $17,500,000 in each year
of the biennium for use by the Communities in Schools Program

Programs eligible to receive funds pursuant to the provisions set
forth in this rider include, but are not limited to, the Alliance
Organizations, AVANCE, Do Something, and Communities in Schools.

ENGROSSED RIDER NO. 81

Amend C.S.H.B. 1 as follows:

On page III-19 of the Texas Education Agency's bill pattern, add the
following new rider:

___. Career and Technology Education Allotment Program
Eligibility. Of the programs currently approved to earn the Career
and Technology Education allotment as authorized by Texas Education
Code Sec. 42.154, the Commissioner shall identify those programs
least in need of the additional funding provided by the allotment.
Funds appropriated above in strategy A.1.1, FSP - Equalized
Operations, for the Career and Technology Education allotment shall
not be used to provide weighted funding for these programs. In
identifying programs to be disapproved for weighted funding
pursuant to this rider, the Commissioner shall exclude from
consideration programs falling under the career and technology
education classification of agricultural science and technology
education.

ENGROSSED RIDER NO. 82

Amend the amendment #241 on page 342, as follows:

On page III-19 of the Texas Education Agency's bill pattern, add the
following new rider:

___. Career and Technology Education Allotment Program
Eligibility. Of the programs currently approved to earn the Career
and Technology Education allotment as authorized by Texas Education
Code Sec. 42.154, the Commissioner shall identify those programs
least in need of the additional funding provided by the allotment.
The Commissioner shall submit the list of identified programs for
approval by the Legislative Budget Board and the Governor. Funds
appropriated above in strategy A.1.1, FSP - Equalized Operations,
for the Career and Technology Education allotment shall not be used
to provide weighted funding for these programs. The Commissioner
shall, to the extent possible, identify programs for disapproval
proportionally across all Career and Technology Education course
classifications, as listed in the Texas Education Agency's PEIMS
Data Standards publication.

ENGROSSED RIDER NO. 83
Amend C.S.H.B. No. 1 as follows:
(1) Increase the Article III appropriations to the Texas
Education Agency for Strategy A.1.1, Foundation School Program
Equalized Operations (pages III-1 and III-2), by $2,181,716 for the
state fiscal year ending August 31, 2004, and by $2,181,716 for the
state fiscal year ending August 31, 2005.
(2) In Article I of the bill, in the Article I
appropriations to the Commission on Human Rights (pages I-58, I-59
and I-60), strike Strategies A.1.1, A.1.2, B.1.1, and B.1.2, and
strike the appropriations for those strategies that appropriate a
total of $2,181,716 for each fiscal year of the biennium.
(3) Conform totals and methods of financing appropriately.

ENGROSSED RIDER NO. 84
Amend Amendment No. 254 by Flynn to C.S.H.B. No. 1 by adding
the following appropriately numbered item:
(___). Amend C.S.H.B. No. 1 in Article III of the bill (page
III-4), by adding the following appropriately numbered rider
following the appropriations to the Texas Education Agency:
___. INSTRUCTIONAL MATERIALS RELATING TO THE EMANCIPATION
OF SLAVES IN TEXAS. Out of the funds appropriated above in Strategy
B.2.1, Instructional Materials, in each year of the biennium the
agency may set aside an amount of money sufficient to ensure the
inclusion of the history of the emancipation of slaves in Texas and
the Juneteenth state holiday in state-approved textbooks.

ENGROSSED RIDER NO. 85
Amend amendment No. 254 by Flynn et al to C.S.H.B. 1 (page
327, amendment packet) by inserting the following before the period
on line 11:
, contingent on the passage of legislation that makes
provisions for obtaining a notice of right to file a civil action
from an entity other than the Commission on Human Rights

ENGROSSED RIDER NO. 86
Amend C.S.H.B. No. 1 in Article III, on page III-17, in the
second paragraph of Rider 58 following the appropriation to the
Texas Education Agency, by striking "an amount not to exceed $2.5
million" and substituting "an amount of not less than $7 million".

ENGROSSED RIDER NO. 87
Amend amendment No. 266 by Solis to C.S.H.B. 1 (page 334,
amendment packet) on line 4 by striking "$7 million" and
substituting "$2.5 million".

ENGROSSED RIDER NO. 88
Amend C.S.H.B. No. 1, in Article III of the bill, by adding
the following appropriately numbered rider following the
appropriation to the State Board for Educator Certification:
___. INTERIM STUDY CONCERNING PROGRAM TO ENCOURAGE
CERTIFICATION TO TEACH BILINGUAL EDUCATION, ENGLISH AS A SECOND
LANGUAGE, OR SPANISH. It is the intent of the legislature that the
State Board for Educator Certification, pursuant to its authority
under Section 21.004, Education Code, and Subchapter B, Chapter 21,
Education Code, use an appropriate portion of the funds
appropriated to the board by this Act to conduct a study, in
consultation with the University of North Texas at Dallas,
concerning the establishment of a program at the university to
provide financial incentives, such as tuition assistance and loan
forgiveness, to encourage students who enroll in an educator
preparation program at the university to become certified to teach
bilingual education, English as a second language, or Spanish. It
is the intent of the legislature that the State Board for Educator
Certification complete the study and report the results of the
study to the legislature not later than December 31, 2004.

ENGROSSED RIDER NO. 89
Amend Amendment No. 268 by Alonzo to C.S.H.B. No. 1
(amendment packet page 346) by striking the text of the amendment
and substituting the following:
Amend C.S.H.B. No. 1, in Article III of the bill, by adding
the following appropriately numbered rider following the
appropriations to the Texas Education Agency:
___. PROGRAM TO ENCOURAGE CERTIFICATION TO TEACH BILINGUAL
EDUCATION, ENGLISH AS A SECOND LANGUAGE, OR SPANISH. Of the funds
appropriated above for Strategy A.2.1., ACADEMIC EXCELLENCE, the
Texas Education Agency may use an amount that is not less than
$150,000 for each year of the 2004-05 biennium to develop and
operate a program at the University of North Texas System Center at
Dallas, in consultation with the university, to provide financial
incentives, such as tuition assistance and loan forgiveness, to
encourage students who enroll in an educator preparation program at
the university to become certified to teach bilingual education,
English as a second language, or Spanish.

ENGROSSED RIDER NO. 90

Amend C.S.H.B. 1, Article III, Page III-49, Rider 15, under the
appropriation for the Higher Education Coordinating Board, by
adding the following new subsection (a) and renumber the remaining
subsections accordingly:
a. For fiscal year 2004, funding shall be provided for
growth in contact hours at institutions which experience
an increase in contact hours in RN professional nursing
courses greater than 5 percent between Fall 2002 and Fall
2003 semesters. For fiscal year 2005, funding shall be
provided for growth in contact hours at institutions
which experience an increase in contact hours in RN
professional nursing courses greater than 10 percent
between Fall 2002 and Fall 2004 semesters. This
subsection should be fully funded prior to providing
funding under subsections (b) or (c).

ENGROSSED RIDER NO. 91
Amend Amendment No. 281 by Hochberg to C.S.H.B. No. 1
(amendment packet, page 366) as follows:
(1) On page 1, line 5, between the period and "For", insert
the following:
Under this section, a RN professional nursing program is
considered a separate institution for purposes of eligibility for
rapid growth funding.
(2) On page 1, line 8, strike "5" and substitute "8".
(3) On page 1, line 12, strike "10" and substitute "15".
(4) On page 1, lines 13-15, strike "This subsection should
be fully funded prior to providing funding under subsections (b) or
(c).".

ENGROSSED RIDER NO. 92

Amend C.S.H.B. 1, Article III, Page III-51, Rider 22, under the
appropriation for the Higher Education Coordinating Board, by
adding the following new subsection (a) and renumbering the
remaining subsection accordingly:
a. For fiscal year 2004, funding shall be provided for
institutions which experience an increase in weighted
semester credit hours in RN professional nursing courses
greater than 3 percent between Fall 2002 and Fall 2003
semesters. For fiscal year 2005, funding shall be
provided for growth in weighted semester credit hours in
RN professional nursing courses greater than 6 percent
between Fall 2002 and Fall 2004 semesters. This
subsection should be fully funded prior to providing
funding under subsection (b).

ENGROSSED RIDER NO. 93
Amend Amendment No. 283 by Hochberg to C.S.H.B. No. 1
(amendment packet, page 368) on page 1 by striking lines 3-14 and
substituting the following:

adding the following text at the end of the rider:
Under this section, a RN professional nursing program is
considered a separate institution for purposes of eligibility for
rapid growth funding.

ENGROSSED RIDER NO. 94

The University of Texas - Pan American

Center for Entrepreneurship and Economic Development (CEED)

Prepared by LBB Staff, 4/7/03

Overview

This new contingency rider would restore funding for the special
item to 2002-03 general revenue funding level. The additional
revenue would be contingent on the Comptroller of Public Accounts
certifying that increased activity by the Center would generate at
least the same amount of additional revenue to the General Revenue
Fund.

The Center for Entrepreneurship and Economic Development (CEED) at
The University of Texas - Pan American serves as a catalyst for
economic development through provision of information, management
and technical assistance to entrepreneurs and public officials.
CEED has provided one-on-one counseling to 1,447 businesses and
training to 1,365 individuals in South Texas resulting in the
creation/retention of 151 jobs and a capital formation of
$9,313,636 (biennium-to-date). CEED uses state appropriations to
match $354,426 in grants from the federal government and generate
indirect cost recovery.

Required Actions

On page III-69 of C.S.H.B. 1 of the bill pattern for The University
of Texas - Pan American:
1. Increase general revenue funding in Strategy C.3.1.
Economic Development by $17,535 in FY 2004 and $17,535 in
FY 2005.

On page III-69 of C.S.H.B. 1 of the bill pattern for The University
of Texas - Pan American add the following new rider:
___. Center for Entrepreneurship and Economic Development.
Included in the appropriation above to The University
of Texas - Pan American in Strategy C.3.1. Economic
Development is $17,535 in each year of the biennium for
the Center for Entrepreneurship and Economic
Development contingent upon certification by the
Comptroller of Public Accounts that increased activity
by the Center will generate at least $35,750 for the
biennium in additional revenue to the General Revenue
Fund.

ENGROSSED RIDER NO. 95
Amend amendment No. 288 by Gutierrez to C.S.H.B. 1 (page 300,
amendment packet) in the last line of the amendment by striking
"$35,750" and substituting "$35,070".

ENGROSSED RIDER NO. 96

The University of Texas - Pan American

Center for Manufacturing)

Prepared by LBB Staff, 4/7/03

Overview

The Center for Manufacturing at The University of Texas - Pan
American provides technical assistance to current and prospective
manufacturers through the utilization of services available from
the Center and from academic, industrial, governmental and private
sources. Assistance to manufacturers consists of technology
transfer, manufacturing support in production, quality,
management, product technology problem resolution and new product
evaluation. The Center works closely with the Engineering
department faculty and students. The Center has provided technical
assistance to 137 manufacturers in South Texas resulting in an
impact of $9,120,500 and the creation/retention of 413 jobs
(biennium-to-date).

The Center uses state appropriations to match grants from the
federal government and generates $130,420 of indirect cost recovery
for the biennium.

Required Actions

On page III-69 of C.S.H.B. 1 of the bill pattern for The University
of Texas - Pan American:
1. Increase general revenue funding in Strategy C.3.2.
Center for Manufacturing by $27,374 in FY 2004 and
$27,374 in FY 2005.

On page III-69 of C.S.H.B. 1 of the bill pattern for The University
of Texas - Pan American add the following new rider:
___. Center for Manufacturing. Included in the
appropriation above to The University of Texas - Pan
American in Strategy C.3.2. Center for Manufacturing
is $27,374 in each year of the biennium for the Center
for Manufacturing contingent upon certification by the
Comptroller of Public Accounts that increased activity
by the Center will generate at least $54,748 for the
biennium in additional revenue to the General Revenue
Fund.

ENGROSSED RIDER NO. 97

Article III-79

Special Provisions Relating Only to State Agencies of Higher
Education

___. A&M Service Agencies' Infrastructure Outside Brazos County.
Additional funding identified as Infrastructure Support Outside
Brazos County for the Texas Agricultural Experiment Station, Texas
Cooperative Extension, Texas Forest Service, Texas Veterinary
Medical Diagnostic Laboratory, Texas Engineering Experiment
Station, Texas Transportation Institute, and Texas Engineering
Extension Service is to be applied to each agency's infrastructure
needs outside Brazos County as calculated under the Texas Higher
Education Coordinating Board's recommended formulas for each of the
A&M service agencies and funded based on additional available
General Revenue funds.
1 The Texas Higher Education Coordinating Board as directed
by the 77th Legislature, developed a facilities model
specifically for the A&M System service agencies. The
model is similar to the one used for general academics.
2 The above rider is no cost to the Appropriations Bill.
However, it would establish a funding mechanism using the
Coordinating Board's facilities model should additional
General Revenue funds become available. The intent is
not to re-direct existing appropriations within the
agencies' budgets, but rather adopt the facilities model
recommended by the Coordinating Board.
3 Although headquartered in College Station, these agencies
have facilities throughout the state. Most of these
facilities are state-owned and more than 25 years old.
The agencies receive no direct appropriation to maintain
and operate these facilities.

ENGROSSED RIDER NO. 98

Amend C.S.H.B. No. 1 as follows:

Tarleton State University

Central Texas Center

Article III-84

Overview

Tarleton-CT has been assigned the responsibility to extend quality
public higher educational access to the Killeen/Ft. Hood area, one
of the fastest growing areas of the state. The Central Texas Center
was the first campus created by the State of Texas using the Pathway
Model.

Since its creation in the Fall of 1999, Tarleton-CT has experienced
phenomenal growth. Enrollment in Spring of 2003 was 1722, a 36%
increase since the Center's beginning in Fall 1999.

Standard state funding for operations through its formula system is
not adequate. Student educational demand is outgrowing current
facilities, and facility costs that have been provided at discount
by the community will now be at cost. Without increased funding,
the Center will not be able to continue its current level of course
offerings.

Compared to the start-up funding appropriated for other
university's centers, Tarleton-Central Texas is significantly
under-funded.

This amendment moves appropriated funds that were recommended by
the full HAC committee to a strategy that will allow higher
education to continue to be offered to Fort Hood soldiers and their
dependents, as well as citizens throughout the Killeen area.

Required Actions

Delete Strategy C.3.2. TOTAL FUNDING HOLD HARMLESS and move funds
appropriated from that strategy ($1,157,500 each year FY 2004-2005)
to Strategy C.1.1 CENTRAL TEXAS CENTER (currently funded at $21,875
each year of the 04-05 biennium; new total would reflect funding of
$1,179,375 for FY 04 and $1,179,375 for FY 05).

ENGROSSED RIDER NO. 99

Texas Higher Education Coordinating Board

Two-Year Enrollment Growth (2)

Prepared by LBB Staff, 4/10/03

Overview

This rider change would set aside a portion of the funding for
"Two-Year Enrollment Growth" for growth at community colleges that
have established a new campus as specified in the rider.

Required Actions

On page III-49 of the bill pattern for Texas Higher Education
Coordinating Board amend the existing rider as follows:
16. Dramatic Enrollment Growth Funding for Two-Year
Institutions. Funds appropriated above in Strategy
E.1.3, Two-Year Institution Enrollment Growth, are to
be used only to assist Public Community/Junior College
Districts, Texas State Technical College components,
and the Lamar State Colleges that experience dramatic
rates of growth in contact hours during the 2004-05
biennium. Funds appropriated under this section shall
be allocated according to a formula developed by the
Texas Higher Education Coordinating Board based on the
following criteria:
a. Of the amounts appropriated in Strategy E.1.3., the
Coordinating Board shall set aside $5 million in
each year to fund growth district wide growth in
community college with new campuses as follows: $4
million for North Harris Montgomery Community
College; $783,500 for Laredo Community College; and
$216,500 for Cisco Junior College. In fiscal year
2004, colleges benefiting from this set aside could
receive funding based on any level of district wide
growth in contact hours between Fall 2002 and Fall
2003. In fiscal year 2005, funding would be based on
any level of district wide growth in contact hours
between Fall 2003 and Fall 2004. These colleges
would not be eligible for remaining funds
appropriated in Strategy E.1.3.
ab. For fiscal year 2004, funding shall be provided for
growth in contact hours at community college
districts, TSTC components, or Lamar State Colleges
which experience an increase in total contact hours
in semester length courses of greater than 15
percent between Fall 2002 and Fall 2003 semesters.
Funding shall be provided only for contact hour
growth greater than 15 percent. For fiscal year
2005, funding shall be provided for growth in
contact hours at community college districts, TSTC
components, or Lamar State Colleges which
experience an increase in total contact hours in
semester length courses of greater than 30 percent
between Fall 2002 and Fall 2004 semesters. Funding
shall be provided only for contact hour growth
greater than 30 percent.
bc. If funds are available after funding Subsection a.,
in fiscal year 2004, funding shall be provided for
growth in contact hours at community college
districts, TSTC components, or Lamar State Colleges
which experience an increase in total contact hours
in semester length courses greater than 8 percent
between the Fall 2002 and Fall 2003 semesters and
are not included under subsection (a). For fiscal
year 2005, funding shall be provided for growth in
contact hours at community college districts, TSTC
components, or Lamar State Colleges which
experience an increase in total contact hours in
semester length courses greater than 16 percent
between Fall 2002 and Fall 2004 semesters and are
not included under subsection (a). For funds
allocated under this subsection, the Texas Higher
Education Coordinating Board shall deduct the first
8 percent of contact hour growth for each eligible
two-year community college district, TSTC
component, or Lamar State College.

ENGROSSED RIDER NO. 100
Amend C.S.H.B. No. 1 as follows:

1. Amend Article III, Higher Education Coordinating Board Rider 15
(Dramatic Enrollment Growth Funding for Two Year Institutions), by
adding a Subsection (c) to read as follows:

(c) Public Community/Junior Colleges, Texas State Technical
Colleges components and Lamar State Colleges receiving funds for
dramatic enrollment growth under subsections (a) or (b) are
encouraged to expend up to, but not exceeding, 25% of those funds on
dramatic enrollment growth in RN professional nursing courses. For
fiscal year 2004, dramatic enrollment growth in RN professional
nursing course means an increase in contact hours in RN
professional nursing course greater than 3 percent between Fall
2002 and Fall 2003 semesters. For fiscal year 2005, dramatic
enrollment growth in RN professional nursing courses means an
increase in contact hours in RN professional nursing courses
greater than 6 percent between Fall 2002 and Fall 2004 semesters.
2. Amend Article III, Higher Education Coordinating Board
Rider 22 (Dramatic Enrollment Growth Funding for General Academic
Institutions), by adding a Subsection (b) to read as follows:
(b) General academic institutions receiving funds for dramatic
enrollment growth under subsection (a) are encouraged to expend up
to, but not exceeding, 25% of those funds on dramatic enrollment
growth in RN professional nursing courses. For fiscal year 2004,
dramatic enrollment growth in RN professional nursing courses means
an increase in weighted semester credit hours in RN professional
nursing courses greater than 3 percent growth in RN professional
nursing courses greater than 6 percent between Fall 2002 and Fall
2004 semesters.

ENGROSSED RIDER NO. 101
Amend amendment No. 294 by McReynolds to C.S.H.B. No. 1
(amendment packet, page 386) as follows:
(1) On page 1, line 8, strike "up to, but not exceeding, 25%
of".
(2) On page 1, line 9, between "courses" and the period,
insert "in the same proportion that those courses generated
dramatic enrollment growth funding".
(3) On page 1, strike lines 10-16.
(4) On page 1, lines 21-22, strike "up to, but not
exceeding, 25% of".
(5) Strike the text on page 2 and substitute "growth in RN
professional nursing courses in the same proportion that those
courses generated dramatic enrollment growth funding".

ENGROSSED RIDER NO. 102

Add the following rider to the bill pattern of Tarleton State
University:

Scholarship Match. Out of the funds appropriated above, funds may
be used to provide a match for funds collected by a one dollar per
semester credit hour fee for a student endowment scholarship and
internship adopted by student referendum, pursuant to Education
Code, Subsection 56.242.

ENGROSSED RIDER NO. 103
Amend C.S.H.B. 1 as follows:

1) On page III-88, Texas A&M University-Kingsville add the
following section:
"Sec. ___. IRMA RANGEL SCHOOL OF PHARMACY. In addition to
the funds appropriated above, Texas A&M - Kingsville is
hereby appropriated $5.4 million for the completion of the
building, furnishing and equipping the facility and other
costs as required for the school to begin accepting
students in the Fall of 2005. The Legislature expressly
has determined that there is a demonstrated need for this
project."

2) On pages X-2, House of Representatives, add the following
section:
"Sec. ___. Out of the funds appropriated above, including
any unexpended balances appropriated to the House of
Representatives or any unexpended balances appropriated
to another legislative agency which have designated as
balances available for use by the House of
Representatives, no less than $5.4 million shall be
transferred to Texas A&M - Kingsville for the sole purpose
of completing the Irma Rangel School of Pharmacy.

ENGROSSED RIDER NO. 104

Overview

This would amend the amendment on page 372 (by Pete Gallego) to move
the requested appropriation to Article IX, Section 11.29. Intent of
the Legislature.

Required Actions

REVISE section 1) as follows:
On page III-88, Texas A&M University-KingsvilleIX-85, Sec.
11.29 Intent of the Legislature. add the following section:
"Sec. ___.( )IRMA RANGEL SCHOOL OF PHARMACY. In addition to the
funds appropriated above, Texas A&M - Kingsville
is hereby appropriated $5.4 million in fiscal year
2004 for the completion of the building, with
unexpended authority within the biennium to use
these funds for the same purposes in fiscal year
2005, and an additional $1.5 million in fiscal
year 2004 and $2.5 million in fiscal year 2005 for
furnishing and equipping the facility and other
costs as required for the school to begin
accepting students in the Fall of 2005. The
Legislature expressly has determined that there
is a demonstrated need for this project."

DELETE section 2) of the amendment.

ENGROSSED RIDER NO. 105
Amend C.S.H.B. No. 1 in Article III of the bill by adding the
following appropriately numbered rider following the
appropriations to Midwestern State University:

___. Appropriation of Special Mineral Fund. The balance of funds
on hand for the year ending August 31, 2003 (estimated to be
$9,000), in the Midwestern State University Special Mineral Fund
No. 412 and any income during the biennium beginning September 1,
2003, deposited to that fund are hereby appropriated to Midwestern
State University for the general operations of the university.
Mineral Funds estimated to be $3,000 in 2004 and $3,000 in 2005.

ENGROSSED RIDER NO. 106

Article III - 114

___. Feed Institute. The University shall out of funds
appropriated above, provide $150,000 in fiscal year 2004 and
$150,000 in fiscal year 2005 for the Feed Institute.

ENGROSSED RIDER NO. 107
Amend CSHB 1 as follows:
On page III-126 add the following rider for Sam Houston State
University: Unexpended Balances, CJ-CMIT and LEMIT. Any
unexpended balances in the Criminal Justice Correctional
Management Institute of Texas Fund (GR Dedicated Fund 5083) and the
Law Enforcement Management Institute of Texas Fund (GR Dedicated
Fund 581) remaining as of August 31, 2004 are re-appropriated
effective September 1, 2005.

ENGROSSED RIDER NO. 108
Amend Amendment No. 304 to C.S.H.B. No. 1 by Kolkhorst
(amendment package page 377) as follows:
(1) Strike lines 2 and 3 and substitute:
Following the Article III appropriations to Sam Houston State
University (page III-126) add the following appropriately numbered
rider:
___. UNEXPENDED BALANCES CJ-CMIT AND LEMIT FOR THE
BIENNIUM. Any unexpended balances from appropriations for the
state fiscal year beginning September 1, 2003, in the Criminal
Justice Correctional
(2) Strike line 6 and substitute "appropriated for the same
purpose for the state fiscal year beginning September 1, 2004.".

ENGROSSED RIDER NO. 109

Amend CSHB 1 as follows:

Texas Agricultural Experiment Station

Proposed Motion

Texas State Data Center

Prepared by LBB Staff, 4/09/03

Overview

This motion would increase the agency's appropriation of General
Revenue by $300,000 biennially to fund the Texas State Data Center
('TSDC') in the Texas Agricultural Experiment Station. The
additional funding would be contingent upon the Comptroller being
able to certify the TSDC would be able to generate a biennial amount
of at least $300,000 in additional revenue to the General Revenue
Fund. Program Enhancement funds were originally used to fund this
rider, but the agency did not request such funds in its building
blocks request.

Required Action

1. Increase General Revenue funding in Strategy A.1.1.
Agricultural/Life Science Research by $150,000 in FY 2004 and
$150,000 in FY 2005.

2. On page III-___, in the Texas Agricultural Experiment Station's
bill pattern, restore the following (revised) rider:
___. Contingent Upon Comptroller Certification: Texas State
Data Center. Out of the funds appropriated above in Strategy
A.1.1, Agricultural/Life Science Research, $150,000 in fiscal
year 2004 and $150,000 in fiscal year 2005 are appropriated
from the General Revenue Fund for the operation of the Texas
State Data Center in the Department of Rural Sociology in the
Texas Agriculture Experiment Station, contingent upon
certification by the Comptroller of Public Accounts that
increased activity resulting from the work of the Texas State
Data Center will generate at least $300,000 for the biennium in
additional revenue to the General Revenue Fund.

ENGROSSED RIDER NO. 110
Amend C.S.H.B. No. 1 in Article III of the bill following the
appropriation to the Texas Veterinary Medical Diagnostic
Laboratory (page III-193) by striking Rider 1 and substituting the
following:
1. DRUG TESTING LABORATORY REIMBURSEMENT. From fees
collected from the drug testing program for race horses and dogs,
the Texas Veterinary Medical Diagnostic Laboratory shall transfer
funds to the General Revenue Fund during the 2004-2005 and
2006-2007 biennia to reimburse fully the amounts provided for
start-up funding for the drug testing laboratory (estimated to be
$200,000). It is the intent of the Legislature that all transfers
be complete on or before August 31, 2007.

ENGROSSED RIDER NO. 111
Amend C.S.H.B. No. 1 in Article III by adding the following
appropriately numbered rider to Section 5 (page III-200) in the
Special Provisions Relating Only to State Agencies of Higher
Education:
__. Administrative Accountability. (a) In each state
fiscal year of the biennium, an institution of higher education,
including a system office, may not spend funds appropriated to the
institution by this Act unless, not later than December 1, the
institution submits to the Legislative Budget Board, the chair of
the House Appropriations Committee, and the chair of the Senate
Finance Committee a report that includes the total number of
persons holding high-ranking administrative positions at the
institution.
(b) For purposes of Subsection (a), "high-ranking
administrative position" includes the following positions:
(1) chancellor;
(2) vice chancellor;
(3) associate chancellor;
(4) assistant chancellor;
(5) president;
(6) vice president;
(7) associate vice president;
(8) assistant vice president;
(9) dean;
(10) associate dean;
(11) assistant dean; and
(12) any other administrative position having similar
responsibilities to the other positions listed in this subsection.
(c) A report submitted under Subsection (a) must:
(1) be in a form prescribed by the Legislative Budget
Board;
(2) include the name, salary, and total value of
nonsalary benefits for each person holding a high-ranking
administrative position at the institution; and
(3) include the percentage salary increase for each
person holding a high-ranking administrative position at the
institution who occupies the same position during the current
fiscal year as during the preceding fiscal year.
(d) Not later than the seventh day after the date an
institution of higher education submits the report required by
Subsection (a), the institution shall make a copy of the report
available for public inspection in the library of the institution.

ENGROSSED RIDER NO. 112
Amend C.S.H.B. No. 1 by adding a rider to the Specials
Provisions of Article III
Add a new rider to the Special Provisions section of Article
III (Education) that reads as follows:
__. The Legislature encourages institutions of higher
education not to reduce the number of student full-time equivalents
enrolled in programs preparing student for licensure as registered
nurses in fiscal years ending August 31, 1004 and August 31, 2005
below the number of student full-time equivalents enrolled for
fiscal year ending August 31, 2003. This provision shall not be
construed as requiring any school to accept an unqualified
applicant to its professional nursing program. In the event that a
school falls below the required number of students enrolled in
professional nursing program by more than 5% for fiscal years 2004
and 2005, the school shall report to the Legislative Budget Board
and the Texas Higher Education Coordinating Board the reasons for
failing to meet the required enrollment.

ENGROSSED RIDER NO. 113
Amend Amendment No. 313 by McReynolds (amendment packet, page
388) to C.S.H.B. No. 1 as follows:
(1) On line 7, strike "student" and substitute "students".
(2) On line 8, between "in" and "fiscal", insert "the
state".
(3) On line 8, strike "1004" and substitute "2004".
(4) On line 10, before "fiscal", insert "the state".
(5) On line 14, strike "fiscal years" and substitute "the
state fiscal year ending August 31,".
(6) On line 15, between "and" and "2005", insert "the state
fiscal year ending August 31,".

ENGROSSED RIDER NO. 114
Amend C.S.H.B. No. 1 in Article IV of the bill as follows:
(1) In Rider 3a following the appropriation to the Court of
Criminal Appeals (pages IV-3 and IV-4), insert "and other entities"
between "association of prosecuting attorneys" and "whose purposes
include providing".
(2) In Rider 3b following the appropriation to the Court of
Criminal Appeals (page IV-4), insert "and other entities" between
"association of criminal defense attorneys" and "whose purposes
include providing".

ENGROSSED RIDER NO. 115
Amend C.S.H.B. 1, Article V, in Rider 23 (Transfer Authority
within and between Goals) following the appropriations for the
Department of Criminal Justice (page V-16) by striking "20 percent"
and substituting "10 percent".

ENGROSSED RIDER NO. 116

Amend C.S.H.B. 1 as follows:

1.) On page I-53, Historical Commission, A.1.2. Strategy
(Preservation Trust Fund), reduce the amount of the
appropriation by $2,500,000 in Fiscal Year 2004.

2.) On page I-55, strike everything between the words "7.
Preservation Trust Fund" and the words "included in the
amounts appropriated above".

3.) On page VI-44, Water Development Board, A.1.2. Strategy (Water
Planning), increase the amount of appropriation by $2,500,000
for the biennium.

4.) On page VI-47, Water Development Board, amend Rider No. 2 as
follows:
Transfer Authorized. Included in amounts appropriated above
in Strategy A.1.2, Water Planning, is $4,880,000 in fiscal
year 2004 and $4,020,000 in fiscal year 2005 out of the
General Revenue Fund to be transferred to the Water Assistance
Fund No. 480, for the sole purpose of making grants to
regional planning groups pursuant to Water Code, Sec.
15.4061. Out of these totals, at least $1,300,00 in fiscal
year 2004 and $1,300,000 in fiscal year 2005 will go to
support region-specific studies supporting water demand
reduction and conservation strategies. The Texas Water
Development Board is authorized to transfer these funds from
the Water Assistance Fund to other accounts as authorized
under Water Code, Sec. 15.011 as needed to support the
regional planning process.

ENGROSSED RIDER NO. 117
Amend Amendment No. 323 by Puente to C.S.H.B. No. 1
(amendment packet page 405) as follows:
(1) Strike items (1) through (3).
(2) Renumber item (4) (amending Rider No. 2 to the Water
Development Board appropriations) as item (1).

ENGROSSED RIDER NO. 118
Amend C.S.H.B. 1 as follows:
On page 34 Article VI, Parks and Wildlife Department, add
Section 22. Gratuities Accepted by Employees. An employee of the
State Parks Division of the Texas Parks and Wildlife Department may
accepting a gratuity if:
(1) the employee serves food and beverages as a
primary job duty in a restaurant, cafeteria or other food service
establishment within a State Park owned and operated by the Texas
Parks and Wildlife Department;
(2) the gratuity is offered by a customer of the
restaurant, cafeteria or other food service establishment in
appreciation for the service of food or beverages;
(3) the employee served food or beverages to the
customer offering the gratuity;
(4) the employee has been designated by the Texas
Parks and Wildlife Department as being authorized to receive a
gratuity; and,
(5) the employee reports the gratuity in accordance
with requirements established by the Texas Parks and Wildlife
Department.

ENGROSSED RIDER NO. 119
Amend C.S.H.B 1 on page VI-22 by adding the following new
rider:

Rider No.____

The Council may use funds to promote the commercialization of fuel
cell technologies, and to attract and leverage private investment,
federal funds or incentives for the development of this technology
in Texas.

ENGROSSED RIDER NO. 120
Amend C.S.H.B. No. 1 in Article VII of the bill (page VII-2)
by striking the second paragraph of Rider 2, Coordination of
Spaceport Initiatives, following the appropriation to the Texas
Aerospace Commission.

ENGROSSED RIDER NO. 121
Amend Amendment No. 332 by Chisum to C.S.H.B. No. 1 (page 420,
amendment packet) by striking the text of the amendment and
substituting the following:
Amend C.S.H.B. No. 1 in Article VII of the bill, under the
appropriations to the Texas Aerospace Commission (page VII-2), by
amending Rider 2, Coordination of Spaceport Initiatives, to read as
follows:

2. Coordination of Spaceport Initiatives. It is the intent of the
Legislature that the Texas Aerospace Commission, the Texas
Department of Economic Development, and the Texas Department
of Transportation [Governor], or their successor agencies,
coordinate efforts and spending related to developing a
reusable launch facility or Spaceport. These agencies shall
[develop,] maintain[,] and adhere to a memorandum of
understanding that is [was] established January 1, 2004
[2002], that details the specific responsibilities of each
agency and continues to provide interagency coordination and
support to achieve the objective of establishing a Spaceport
and developing Texas' low cost launch capabilities.

Should federal economic development block grant funds be
available, $975,000 of such funds shall [should] be used by the
Texas Aerospace Commission or its successor agencies for the
purpose of awarding grants or assisting with other proposal
development costs to selected local Texas communities which
may compete for the location of such a facility. A portion of
certain geographically dedicated funds provided for economic
development under the community development block grant
program shall be used to proportionately reduce the amount of
Spaceport funding provided to any site, if such funds are
available and eligible for that purpose. Expenditure of these
[federal] funds is [are] conditioned upon the participation by
the Comptroller of Public Accounts [Account] in the
development of guidelines for the grant application process
and contract awards as a means of assuring that all applicable
state procurement laws and other processes are followed. The
Comptroller shall provide assistance in the final grant or
contract review and recommendation process and shall recommend
other participants as may be required. All such grants or
contracts shall be subject to approval by the Comptroller and
awarded based upon individual site progress toward Spaceport
development as determined by the Texas Aerospace Commission,
or its successor agencies, and the Comptroller.

ENGROSSED RIDER NO. 122
Amend C.S.H.B. 1 as follows:
On page 47 Article IX, General Limitations on Expenditures,
add section 6.23 (n) which reads: no state agency may spend more
than $250 per hour to retain any outside attorney or legal counsel
for any purpose.

ENGROSSED RIDER NO. 123
Amend amendment No. 6 by Heflin to C.S.H.B. 1 (page 5,
amendment packet) by adding the following to the end of the text of
the amendment:
This prohibition regarding political polling does not apply
to a poll conducted by an academic institution as part of the
institution's academic mission that is not conducted for the
benefit of a particular candidate or party.

I certify that attached are the committee substitute for and
122 amendments to H.B. No. 1 that were adopted by the Texas House of
Representatives during second reading consideration on April 16,
2003.
I further certify that, on April 17, 2003, the House
suspended House Rule 2, Section 1(a)(9) to permit H.B. No. 1 to be
sent to the Senate in the form of engrossed riders in lieu of a full
engrossment.

______________________________
Chief Clerk of the House