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.