78R7248 DLF-D

By:  Capelo                                                       H.B. No. 1919



A BILL TO BE ENTITLED

AN ACT

relating to use of money received under the state tobacco 
settlement for the state child health plan.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 62, Health and Safety Code,  is amended 
by adding Subchapter E to read as follows:

SUBCHAPTER E. CHILD HEALTH PLAN ACCOUNT
	Sec. 62.201.  ACCOUNT.  (a)  The child health plan account 
is a dedicated account in the general revenue fund.  The account is 
composed of:
		(1)  money transferred to the account at the direction 
of the legislature;
		(2)  gifts and grants contributed to the account; and                  
		(3)  money credited to the account under Section 
62.202.             
	(b)  Money in the account may be appropriated only to fund 
the costs of the child health plan under this chapter.
	(c)  Sections 403.095 and 404.071, Government Code, do not 
apply to the account.
	Sec. 62.202.  TOBACCO SETTLEMENT PROCEEDS.  The comptroller 
shall deposit to the credit of the account established under 
Section 62.201 all money becoming available to the state each 
fiscal year as a result of the Comprehensive Settlement Agreement 
and Release filed in State of Texas v. American Tobacco Co., 14 F. 
Supp. 2d 956 (E.D. Tex. 1997).
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2003.