Amend CSHB 3540 by striking Section 8.02 of the bill (page 26, 
lines 13-26) and substituting:
	SECTION 8.02. Subchapter B, Chapter 531, Government Code, is 
amended by adding Sections 531.078–531.081 to read as follows:
	Sec. 531.078.  QUALITY ASSURANCE FEES ON CERTAIN WAIVER 
PROGRAM SERVICES.  (a)  In this section, "gross receipts" means 
money paid as compensation for services provided to another person.  
The term does not include a charitable contribution.
	(b)  The executive commissioner by rule shall establish a 
quality assurance fee program as provided by this section and 
impose a quality assurance fee on persons providing services under 
a home and community services waiver or a community living 
assistance and support services waiver.
	(c)  The executive commissioner shall establish the fee at an 
amount that will produce annual revenues of not more than six 
percent of the gross receipts of a person from services the person 
provides under the waiver.
	(d)  The executive commissioner shall adopt rules governing:            
		(1)  the reporting required to compute and collect the 
fee and the manner and times of collecting the fee; and 
		(2)  the administration of the fee, including the 
imposition of penalties for a violation of the rules.
	(e)  Fees collected under this section shall be deposited in 
the waiver program quality assurance fee account.
	Sec. 531.079.  WAIVER PROGRAM QUALITY ASSURANCE FEE ACCOUNT.  
(a)  The waiver program quality assurance fee account is a dedicated 
account in the general revenue fund.  The account is exempt from the 
application of Section 403.095.  Interest earned on money in the 
account shall be credited to the account.
	(b)  The account consists of fees collected under Section 
531.078 and interest earned on money in the account.
	(c)  Subject to legislative appropriation and state and 
federal law, money in the account may be appropriated only to the 
commission to increase reimbursement rates paid under the home and 
community services waiver program or the community living 
assistance and support services waiver program or to offset 
allowable expenses under the state Medicaid program.
	Sec. 531.080.  REIMBURSEMENT OF WAIVER PROGRAMS.  Subject to 
legislative appropriation and state and federal law, the commission 
shall use money from the waiver program quality assurance fee 
account, together with any federal money available to match money 
from the account, to increase reimbursement rates paid under the 
home and community services waiver program or the community living 
assistance and support services waiver program.
	Sec. 531.081.  INVALIDITY; FEDERAL FUNDS.  If any portion of 
Sections 531.078–531.080 is held invalid by a final order of a court 
that is not subject to appeal, or if the commission determines that 
the imposition of the quality assurance fee and the expenditure of 
the money collected as provided by those sections will not entitle 
this state to receive additional federal money under the Medicaid 
program, the commission shall:
		(1)  stop collection of the quality assurance fee; and                 
		(2)  not later than the 30th day after the date the 
collection of the quality assurance fee is stopped, return any 
money collected under Section 531.078, but not spent under Section 
531.080, to the persons who paid the fees in proportion to the total 
amount paid by those persons.