79S30436 JJT-F

By:  Ogden                                                        S.B. No. 16 


A BILL TO BE ENTITLED
AN ACT
relating to supplemental state appropriations. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL PROGRAM EQUALIZED OPERATIONS. In addition to amounts previously appropriated to the Texas Education Agency for the state fiscal biennium ending August 31, 2007, for Strategy A.1.1, Foundation School Program--Equalized Operations, the amount of $294.5 million is appropriated out of the general revenue fund to that agency for that strategy for the state fiscal year ending August 31, 2006. In this section, "Strategy A.1.1, Foundation School Program--Equalized Operations" means that strategy for the Texas Education Agency as provided by Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), as amended by Chapter 2, Acts of the 79th Legislature, 1st Called Session, 2005. SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION: INTEGRATED ELIGIBILITY AND ENROLLMENT; EMPLOYEES AUTHORIZED. (a) In addition to amounts previously appropriated for this purpose for the state fiscal year ending August 31, 2007, the following amounts are appropriated to the Health and Human Services Commission for the state fiscal year ending August 31, 2007, for the purpose of operating the integrated eligibility and enrollment program during that state fiscal year: (1) $85.9 million out of the general revenue fund; and (2) $85.9 million in matching federal funds. (b) In addition to the number of full-time equivalent employees (FTEs) the Health and Human Services Commission is authorized by other law to employ during the following periods, the commission may employ: (1) an additional 851 FTEs during the state fiscal year ending August 31, 2006; and (2) an additional 1,305 FTEs during the state fiscal year ending August 31, 2007. SECTION 3. HEALTH AND HUMAN SERVICES COMMISSION: FEDERAL MATCH LESS FAVORABLE FOR CERTAIN DEPARTMENTS. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $136.3 million is appropriated out of the general revenue fund to the Health and Human Services Commission for that biennium for the purpose of supporting the following programs that are subject to a decreased federal medical assistance percentage (FMAP) or a decreased enhanced federal medical assistance percentage (EFMAP) for that biennium: (1) the Medicaid program operated by the Health and Human Services Commission and the Department of Aging and Disability Services (decreased FMAP); (2) the foster care program operated by the Department of Family and Protective Services (decreased FMAP); and (3) the Children's Health Insurance Program operated by the Health and Human Services Commission (decreased EFMAP). (b) The Health and Human Services Commission shall distribute money appropriated under this section to the appropriate agencies and departments in proportion to each agency's or department's FMAP or EFMAP reduction. (c) The Health and Human Services Commission shall provide adequate directions to each agency or department that receives money under this section to ensure that the money is applied to the proper purposes. SECTION 4. DEPARTMENT OF AGING AND DISABILITY SERVICES: NURSING HOME FACILITY REIMBURSEMENT. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Aging and Disability Services for the state fiscal year ending August 31, 2006, for the purpose of supporting a nursing facility reimbursement rate that is 11.75 percent greater than the reimbursement rate for the state fiscal year ending August 31, 2005: (1) $75 million out of the general revenue fund; and (2) $112.5 million in federal matching funds. (b) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Aging and Disability Services for the state fiscal year ending August 31, 2007, for the purpose of supporting a nursing facility reimbursement rate that is 11.75 percent greater than the reimbursement rate for the state fiscal year ending August 31, 2005: (1) $136.2 million out of the general revenue fund; and (2) $204.3 million in federal matching funds. SECTION 5. DEPARTMENT OF AGING AND DISABILITY SERVICES: PERSONAL NEEDS ALLOWANCES. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Aging and Disability Services for the state fiscal year ending August 31, 2006, for the purpose of funding the personal needs allowance of eligible residents of nursing facilities or intermediate care facilities for the mentally retarded (ICF/MR) at an amount increased to $60 per month from $45 per month for each resident: (1) $4.3 million out of the general revenue fund; and (2) $4.3 million from federal matching funds. (b) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Aging and Disability Services for the state fiscal year ending August 31, 2007, for the purpose of funding the personal needs allowance of eligible residents of nursing facilities or intermediate care facilities for the mentally retarded (ICF/MR) at an amount increased to $60 per month from $45 per month for each resident: (1) $6.4 million out of the general revenue fund; and (2) $6.4 million in federal matching funds. SECTION 6. DEPARTMENT OF STATE HEALTH SERVICES: MENTAL HEALTH HOSPITAL CAPACITY. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of State Health Services for the state fiscal year ending August 31, 2006, for the purpose of increasing state mental health hospital capacity: (1) $13.4 million out of the general revenue fund; and (2) $3.7 million in mental health Medicare reimbursements (revenue code 3634). (b) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of State Health Services for the state fiscal year ending August 31, 2007, for the purpose of increasing state mental health hospital capacity: (1) $20.6 million out of the general revenue fund; and (2) $4.0 million in mental health Medicare reimbursements (revenue code 3634). SECTION 7. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES: VOCATIONAL REHABILITATION. (a) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Assistive and Rehabilitative Services for the state fiscal year ending August 31, 2006, for the purpose of providing vocational rehabilitation programs to additional clients: (1) $1.8 million out of the general revenue fund; and (2) $6.8 million in federal matching funds. (b) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Assistive and Rehabilitative Services for the state fiscal year ending August 31, 2007, for the purpose of providing vocational rehabilitation programs to additional clients: (1) $3.4 million out of the general revenue fund; and (2) $12.5 million in federal matching funds. SECTION 8. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: FOSTER CARE; ADOPTION SUBSIDIES; RELATIVE CAREGIVERS. (a) In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Family and Protective Services for the purpose of making foster care payments: (1) for the state fiscal year ending August 31, 2006: (A) $3.7 million out of the general revenue fund; and (B) $10.3 million in matching federal funds; and (2) for the state fiscal year ending August 31, 2007: (A) $9.7 million out of the general revenue fund; and (B) $20.8 million in matching federal funds. (b) In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Family and Protective Services for the purpose of making adoption subsidy payments: (1) for the state fiscal year ending August 31, 2006: (A) $2.3 million out of the general revenue fund; and (B) $3.1 million in matching federal funds; and (2) for the state fiscal year ending August 31, 2007: (A) $2.8 million out of the general revenue fund; and (B) $6.3 million in matching federal funds. (c) In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated out of the general revenue fund to the Department of Family and Protective Services for the purpose of making relative caregiver payments: (1) for the state fiscal year ending August 31, 2006, $344,942; and (2) for the state fiscal year ending August 31, 2007, $745,424. SECTION 9. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: REAPPROPRIATION OF CERTAIN MONEY; CONTINGENCY. (a) The unexpended and unobligated balance of money appropriated to the Department of Family and Protective Services for the purpose of child protective services under Section 4, Chapter 1362, Acts of the 79th Legislature, Regular Session, 2005, is reappropriated to that agency for that purpose for the remainder of the state fiscal biennium ending August 31, 2007. (b) To the extent that this section makes appropriations out of the Economic Stabilization Fund or makes appropriations of matching federal funds, the receipt of which is dependent on an appropriation out of the Economic Stabilization Fund, those appropriations take effect only if this Act receives the vote required by Section 49-g, Article III, Texas Constitution. SECTION 10. TEXAS TECH HEALTH SCIENCES CENTER EL PASO SCHOOL OF MEDICINE: FACULTY AND STAFF. The amount of $20.5 million is appropriated out of the general revenue fund to the Texas Tech University Health Sciences Center for the state fiscal year ending August 31, 2007, for the purpose of paying the center's expenses for recruitment and employment of key faculty and staff for the center's El Paso School of Medicine. SECTION 11. TEXAS COMMISSION ON THE ARTS: OPERATIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $312,522 is appropriated out of the general revenue fund to the Texas Commission on the Arts for the state fiscal biennium ending August 31, 2007, for the purpose of maintaining the programs of that agency. SECTION 12. ADJUTANT GENERAL DEPARTMENT: RESPONSIBILITIES OF TEXAS MILITARY FACILITIES COMMISSION. The following amounts are appropriated out of the general revenue fund to the Adjutant General's Department for the purpose of the department assuming the responsibilities of the Texas Military Facilities Commission: (1) $1.3 million for the state fiscal year ending August 31, 2006; and (2) $1.2 million for the state fiscal year ending August 31, 2007. SECTION 13. ATTORNEY GENERAL'S OFFICE: SEX OFFENDER APPREHENSION UNIT. (a) In addition to amounts previously appropriated for the state fiscal year ending August 31, 2007, the amount of $3.4 million is appropriated out of the general revenue fund to the Office of the Attorney General for the state fiscal year ending August 31, 2007, for the purpose of operating the Sex Offender Apprehension Unit of that office. (b) In addition to the number of full-time equivalent employees (FTEs) the Office of the Attorney General is authorized by other law to employ during the state fiscal year ending August 31, 2007, the office may employ an additional 56 FTEs during that state fiscal year. SECTION 14. TEXAS A&M UNIVERSITY HEALTH SCIENCE CENTER: RANGEL COLLEGE OF PHARMACY. In addition to amounts previously appropriated for the state fiscal year ending August 31, 2007, the amount of $5 million is appropriated out of the general revenue fund to the Texas A&M University Health Science Center for the state fiscal year ending August 31, 2007, for the purpose of operating the Texas A&M University-Kingsville Irma Lerma Rangel College Of Pharmacy. SECTION 15. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated out of General Revenue Account No. 193 (the Foundation School Fund) to the Texas Education Agency to be spent under the foundation school program for the purpose of educating approximately 38,000 students displaced by Hurricane Katrina and enrolled in Texas public schools: (1) $188 million for the state fiscal year ending August 31, 2006; and (2) $170 million for the state fiscal year ending August 31, 2007. SECTION 16. TEXAS STATE UNIVERSITY SYSTEM: LAMAR UNIVERSITY - BEAUMONT, LAMAR INSTITUTE OF TECHNOLOGY, LAMAR UNIVERSITY - ORANGE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $33.5 million is appropriated out of the general revenue fund to the board of regents of the Texas State University System for the state fiscal year ending August 31, 2006, to pay the costs of or reimburse expenditures for repairing or replacing buildings and equipment damaged by Hurricane Rita at Lamar University - Beaumont, the Lamar Institute of Technology, and Lamar University - Orange. SECTION 17. HEALTH AND HUMAN SERVICES COMMISSION: ACUTE CARE. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Health and Human Services Commission to provide acute care services under the state Medicaid program, including prescription drugs, to persons affected by Hurricane Katrina or Hurricane Rita who may receive services under the state Medicaid program: (1) $129.4 million out of the general revenue fund and $194.1 million in matching federal funds for the state fiscal year ending August 31, 2006; and (2) $64.1 million out of the general revenue fund and $96.2 million in matching federal funds for the state fiscal year ending August 31, 2007. SECTION 18. DEPARTMENT OF AGING AND DISABILITY SERVICES: LONG-TERM CARE SERVICES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Aging and Disability Services to provide long-term care services under the state Medicaid program to persons affected by Hurricane Katrina or Hurricane Rita who may receive long-term care services under the state Medicaid program: (1) $14.5 million out of the general revenue fund and $21.8 million in matching federal funds for the state fiscal year ending August 31, 2006; and (2) $13.5 million out of the general revenue fund and $20.3 million in matching federal funds for the state fiscal year ending August 31, 2007. SECTION 19. DEPARTMENT OF STATE HEALTH SERVICES: MENTAL HEALTH SERVICES. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007, the amount of $1.6 million is appropriated out of the general revenue fund and the amount of $2.4 million in matching federal funds is appropriated to the Department of State Health Services for the state fiscal year ending August 31, 2006, to provide mental health services under the state Medicaid program to persons affected by Hurricane Katrina or Hurricane Rita who may receive mental health services under the state Medicaid program. SECTION 20. HEALTH AND HUMAN SERVICES COMMISSION: APPROPRIATION FOR MEDICAID MANAGED CARE. In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Health and Human Services Commission under Strategy B.1.4, Children and Medically Needy, for the state fiscal year ending August 31, 2007, for the purpose of providing services under the state Medicaid program under that strategy: (1) the amount of $52.7 million out of the general revenue fund; and (2) the amount of $81.9 million in federal matching funds. SECTION 21. HEALTH AND HUMAN SERVICES COMMISSION: APPROPRIATION FOR CHILDREN'S HEALTH INSURANCE PROGRAM. In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Health and Human Services Commission under Strategy C.1.1, CHIP, for the state fiscal year ending August 31, 2007, for the purpose of providing services related to the Children's Health Insurance Program: (1) the amount of $5 million out of the general revenue fund; and (2) the amount of $12.9 million in federal matching funds. SECTION 22. DEPARTMENT OF AGING AND DISABILITY SERVICES: APPROPRIATION FOR MENTAL RETARDATION COMMUNITY SERVICES. (a) In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the amount of $5.3 million is appropriated to the Department of Aging and Disability Services under Strategy A.4.3, Mental Retardation Community Services, out of the general revenue fund for the state fiscal year ending August 31, 2007, for the purpose of providing payments to mental retardation community centers. (b) In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the amount of $200,000 is appropriated to the Department of Aging and Disability Services under Strategy A.4.4, Mental Retardation Community Services Residential, out of the general revenue fund for the state fiscal year ending August 31, 2007, for the purpose of providing payments to mental retardation community centers. SECTION 23. DEPARTMENT OF AGING AND DISABILITY SERVICES: APPROPRIATION FOR VARIOUS SERVICES. In addition to amounts previously appropriated for these purposes for the state fiscal biennium ending August 31, 2007, the amount of $140 million is appropriated to the Department of Aging and Disability Services out of the general revenue fund and the amount of $359,953,852 in federal matching funds is appropriated to that agency. The appropriations made under this section are for the state fiscal year ending August 31, 2007, for the purpose of providing long-term care services under the following numbered strategies: (1) A.2.1, Primary Home Care; (2) A.2.2, Community Attendant Services; (3) A.2.3, Day Activity and Health Services; (4) A.3.1, Community-Based Alternatives; (5) A.3.2, Home and Community-Based Services; (6) A.3.3, Community Living Assistance (CLASS); (7) A.6.1, Nursing Facility Payments; (8) A.6.2, Medicare Skilled Nursing Facility; (9) A.6.3, Hospice; (10) A.6.4, Promoting Independence Services; and (11) A.7.1, Intermediate Care Facilities - Mental Retardation. SECTION 24. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: FOSTER CARE PAYMENTS. In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the following amounts are appropriated to the Department of Family and Protective Services under Strategy A.2.10, Foster Care Payments, for the state fiscal year ending August 31, 2007, for the purpose of making foster care payments: (1) the amount of $12.4 million out of the general revenue fund; and (2) the amount of $21,878,127 in federal matching funds. SECTION 25. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL PROGRAM ENTITLEMENT PAYMENTS. (a) In addition to amounts previously appropriated for this purpose for the state fiscal biennium ending August 31, 2007, the amount of $800,000 is appropriated out of General Revenue Account No. 193 (Foundation School Fund) to the Texas Education Agency for the state fiscal year ending August 31, 2007, for the purpose of making yearly entitlement payments as prescribed by Section 42.259, Education Code. (b) This section takes effect only if an Act of the 79th Legislature: (1) amends Section 42.259, Education Code, to require that the last payment of yearly entitlement payments to category 2 and category 3 school districts made under that section be made in August of the calendar year after the calendar year in which the first payment is made; and (2) becomes law in time to require an entitlement payment to those school districts in August 2007. SECTION 26. REPEALER. The following riders to Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), are repealed: (1) Rider 66 following the appropriations to the Health and Human Services Commission; (2) Rider 21 following the appropriations to the Department of Aging and Disability Services; (3) Rider 48 following the appropriations to the Department of Aging and Disability Services; and (4) Rider 25 following the appropriations to the Department of Family and Protective Services. SECTION 27. PREVENTION OF DOUBLE RECOVERY OR DOUBLE REIMBURSEMENT. (a) The purpose of this section is to prevent double recovery by or double reimbursement to an agency, institution, or other entity for the same hurricane-related cost or expenditure. Matching federal funds appropriated by this Act are not considered "reimbursement from the federal government" for purposes of this section. (b) If a state agency, institution, or office receives reimbursement from the federal government for expenditures made by the state for a purpose described by a provision of this Act that makes an appropriation related to hurricane relief, the amounts received may not be spent without the prior approval of the governor and the Legislative Budget Board. A federal reimbursement of revenue appropriated by this Act for a purpose related to hurricane relief is considered to be undedicated general revenue of this state. (c) It is the intent of the legislature that the governor and the Legislative Budget Board consider the money described by Subsection (b) of this section to be available for budget execution transfers to the extent that the governor and the Legislative Budget Board determine that the federal reimbursement covers the same costs or expenditures as those covered by an appropriation made by this Act out of the general revenue fund or an account in the general revenue fund related to hurricane relief. SECTION 28. DEFINITION. A reference in this Act to a numbered strategy is a reference to the numbered strategy for the appropriate agency in Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act). SECTION 29. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.