79R11166 JRD-F
By: Pitts H.B. No. 10
Substitute the following for H.B. No. 10:
By: Pitts C.S.H.B. No. 10
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and reductions in
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. HEALTH AND HUMAN SERVICES COMMISSION: HIGHER
THAN EXPECTED MEDICAID COSTS. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the following amounts are appropriated to the Health and
Human Services Commission for the two-year period beginning on the
effective date of this Act for the purpose of providing services
under the state Medicaid program, including making supplemental
hospital payments and restoring eligibility for Medicaid benefits
to pregnant women with incomes of up to 185 percent of the federal
poverty level:
(1) $261,800,000 is appropriated out of the general
revenue fund;
(2) $92,400,000 is appropriated out of the Economic
Stabilization Fund;
(3) $40,000,000 in balances and available revenues is
appropriated out of General Revenue Dedicated Account No. 5080 (the
Quality Assurance Fund);
(4) $69,100,000 in appropriated receipts match for
Medicaid is appropriated; and
(5) $695,000,000 in matching federal funds is
appropriated.
(b) The amounts appropriated by Subsection (a) of this
section may be expended only if the Health and Human Services
Commission has used all revenue available to the Medicaid program,
including but not limited to premium credits and vendor drug
rebates.
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION:
CHILDREN'S HEALTH INSURANCE PROGRAM. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the following amounts are appropriated to the Health and
Human Services Commission for the two-year period beginning on the
effective date of this Act for the purpose of providing services
related to the Children's Health Insurance Program:
(1) $65,700,000 is appropriated out of the general
revenue fund; and
(2) $168,900,000 in matching federal funds is
appropriated.
SECTION 3. HEALTH AND HUMAN SERVICES COMMISSION: VARIOUS
PROGRAMS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$85,600,000 is appropriated out of the general revenue fund to the
Health and Human Services Commission for the two-year period
beginning on the effective date of this Act for any necessary
purposes for which:
(1) the commission received an appropriation out of
the general revenue fund for all or part of the state fiscal
biennium ending August 31, 2005; or
(2) a health and human services agency received an
appropriation out of the general revenue fund for all or part of the
state fiscal biennium ending August 31, 2005, if the commission is
now authorized or required by law to spend money for those purposes.
SECTION 4. HEALTH AND HUMAN SERVICES COMMISSION: CHILD
PROTECTIVE SERVICES PROGRAM REFORM. The amount of $1,620,933 is
appropriated out of the Economic Stabilization Fund and the amount
of $1,782,674 in matching federal funds is appropriated to the
Health and Human Services Commission for the two-year period
beginning on the effective date of this Act for the purpose of
funding the reforms of the Child Protective Services Program.
SECTION 5. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
CHILD PROTECTIVE SERVICES PROGRAM REFORM. (a) The amount of
$256,409,442 is appropriated out of the Economic Stabilization Fund
and the amount of $61,503,959 in matching federal funds is
appropriated to the Department of Family and Protective Services
for the two-year period beginning on the effective date of this Act
for the purpose of funding the reforms of the Child Protective
Services Program.
(b) For the remainder of the state fiscal year ending August
31, 2005, the limitation on the number of full-time equivalent
employees (FTEs) prescribed for the predecessor agency of the
Department of Family and Protective Services by the General
Appropriations Act for that fiscal year is increased by 1,524 for
the purpose of addressing the reforms of the Child Protective
Services Program.
(c) For the state fiscal year beginning September 1, 2005,
the limitation on the number of full-time equivalent employees
(FTEs) prescribed for the Department of Family and Protective
Services by the General Appropriations Act for that fiscal year is
increased by 1,524 for the purpose of addressing the reforms of the
Child Protective Services Program.
(d) For the state fiscal year beginning September 1, 2006,
the limitation on the number of full-time equivalent employees
(FTEs) prescribed for the Department of Family and Protective
Services by the General Appropriations Act for that fiscal year is
increased by 1,828 for the purpose of addressing the reforms of the
Child Protective Services Program.
SECTION 6. DEPARTMENT OF AGING AND DISABILITY SERVICES:
CHILD PROTECTIVE SERVICES PROGRAM REFORM. The amount of $2,364,540
is appropriated out of the Economic Stabilization Fund and the
amount of $3,645,984 in matching federal funds is appropriated to
the Department of Aging and Disability Services for the two-year
period beginning on the effective date of this Act for the purpose
of funding the reforms of the Child Protective Services Program.
SECTION 7. DEPARTMENT OF AGING AND DISABILITY SERVICES:
COMMUNITY CARE CASELOAD AND COSTS. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $22,300,000 is appropriated out of the
general revenue fund and the amount of $33,500,000 in matching
federal funds is appropriated to the Department of Aging and
Disability Services for the two-year period beginning on the
effective date of this Act for the purpose of funding the Community
Care Caseload and Costs.
SECTION 8. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
OPERATIONS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$15,900,000 is appropriated out of the general revenue fund to the
Texas Department of Criminal Justice for the two-year period
beginning on the effective date of this Act for the purpose of
providing for contracted temporary capacity, salaries and wages,
utilities, and fuel.
SECTION 9. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
CORRECTIONAL MANAGED HEALTH CARE. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $31,300,000 is appropriated out of the
general revenue fund to the Texas Department of Criminal Justice
for the two-year period beginning on the effective date of this Act
for the purpose of providing for correctional managed health care.
SECTION 10. TEACHER RETIREMENT SYSTEM OF TEXAS: EMPLOYEE
PASS-THROUGH. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2005, the amount of
$30,700,000 is appropriated out of the Economic Stabilization Fund
to the Teacher Retirement System of Texas for the two-year period
beginning on the effective date of this Act for the purpose of
funding the employee pass-through program.
SECTION 11. TEACHER RETIREMENT SYSTEM OF TEXAS: TRS-CARE
RETIREE HEALTH INSURANCE; STATUTORY FUNDS. (a) The amount of
$61,677,766 is appropriated out of the Economic Stabilization Fund
to the Teacher Retirement System of Texas for the state fiscal year
beginning September 1, 2005, for the purpose of providing funding
for retiree health-statutory funds (health care for public
education retirees funded by statutory formula).
(b) The amount of $61,677,766 is appropriated out of the
Economic Stabilization Fund to the Teacher Retirement System of
Texas for use, before the expiration of the two-year period
beginning on the effective date of this Act, during the state fiscal
year beginning September 1, 2006, for the purpose of providing
funding for retiree health-statutory funds (health care for public
education retirees funded by statutory formula).
SECTION 12. TEACHER RETIREMENT SYSTEM OF TEXAS: TRS-CARE
RETIREE HEALTH INSURANCE; SUPPLEMENTAL FUNDS. The amount of
$76,644,468 is appropriated out of the Economic Stabilization Fund
to the Teacher Retirement System of Texas for the state fiscal year
beginning September 1, 2005, for the purpose of providing funding
for retiree health-supplemental funds (health care for public
education retirees funded by supplemental state funds).
SECTION 13. TEXAS EDUCATION AGENCY: JUVENILE JUSTICE
ALTERNATIVE EDUCATION PROGRAM. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2005,
the amount of $2,112,000 is appropriated out of General Revenue
Account No. 193 (the Foundation School Fund) to the Texas Education
Agency for the two-year period beginning on the effective date of
this Act for the purpose of funding the juvenile justice
alternative education program through an interagency agreement
with the Texas Juvenile Probation Commission.
SECTION 14. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL
PROGRAM. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$560,000,000 is appropriated out of the Economic Stabilization Fund
to the Texas Education Agency for the two-year period beginning on
the effective date of this Act for the purpose of funding the
Foundation School Program.
SECTION 15. TEXAS EDUCATION AGENCY: TEXTBOOKS. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $30,000,000 is
appropriated out of the Economic Stabilization Fund and the amount
of $145,000,000 is appropriated out of the general revenue fund to
the Texas Education Agency for the two-year period beginning on the
effective date of this Act for the purpose of funding the purchase
of textbooks.
SECTION 16. TEXAS EDUCATION AGENCY: INCREASE IN SCHOOL
FACILITIES FUNDING. (a) The amount of $90,000,000 is appropriated
out of the Economic Stabilization Fund to the Texas Education
Agency for the state fiscal year beginning September 1, 2005, for
the purpose of funding an increase in the allotment to school
districts for assistance with payment of existing debt under
Subchapter B, Chapter 46, Education Code.
(b) The amount of $110,000,000 is appropriated out of the
Economic Stabilization Fund to the Texas Education Agency for use,
before the expiration of the two-year period beginning on the
effective date of this Act, during the state fiscal year beginning
September 1, 2006, for the purpose of funding an increase in the
instructional facilities allotment to school districts for school
facilities under Subchapter A, Chapter 46, Education Code, and the
allotment to school districts for assistance with payment of
existing debt under Subchapter B, Chapter 46, Education Code.
SECTION 17. TEXAS EDUCATION AGENCY: TEXTBOOK CONTINUING
CONTRACTS. The amount of $182,000,000 is appropriated out of the
Economic Stabilization Fund to the Texas Education Agency for the
state fiscal year beginning September 1, 2005, for the purpose of
funding the purchase of textbooks under continuing contracts.
SECTION 18. TEXAS EDUCATION AGENCY: PREKINDERGARTEN AND
KINDERGARTEN PROGRAM. (a) The amount of $88,938,750 is
appropriated out of the Economic Stabilization Fund to the Texas
Education Agency for the state fiscal year beginning September 1,
2005, for the purpose of funding kindergarten and prekindergarten
grants under Section 29.155, Education Code.
(b) The amount of $88,938,750 is appropriated out of the
Economic Stabilization Fund to the Texas Education Agency for use,
before the expiration of the two-year period beginning on the
effective date of this Act, during the state fiscal year beginning
September 1, 2006, for the purpose of funding kindergarten and
prekindergarten grants under Section 29.155, Education Code.
SECTION 19. TEXAS EDUCATION AGENCY: STUDENT SUCCESS
INITIATIVE. (a) The amount of $87,778,569 is appropriated out of
the Economic Stabilization Fund to the Texas Education Agency for
the state fiscal year beginning September 1, 2005, for the purpose
of funding the student success initiative.
(b) The amount of $87,778,569 is appropriated out of the
Economic Stabilization Fund to the Texas Education Agency for use,
before the expiration of the two-year period beginning on the
effective date of this Act, during the state fiscal year beginning
September 1, 2006, for the purpose of funding the student success
initiative.
SECTION 20. STATE BOARD FOR EDUCATOR CERTIFICATION:
CERTIFICATION EXAMINATION. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2005,
the amount of $1,900,000 is appropriated out of the general revenue
fund to the State Board for Educator Certification for the two-year
period beginning on the effective date of this Act for the purpose
of funding administration of the board's certification
examination.
SECTION 21. SECRETARY OF STATE: HELP AMERICA VOTE ACT. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $1,500,000 is
appropriated out of the general revenue fund to the secretary of
state for the two-year period beginning on the effective date of
this Act to be transferred to General Revenue Dedicated Account No.
5095 (the Election Improvement Fund) and used for the purpose of
funding the state matching contribution for the Help America Vote
Act.
SECTION 22. PARKS AND WILDLIFE DEPARTMENT: SAN JACINTO
MONUMENT. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$2,140,000 is appropriated out of the general revenue fund to the
Parks and Wildlife Department for the two-year period beginning on
the effective date of this Act for the purpose of funding repairs to
the San Jacinto Monument.
SECTION 23. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
PETROLEUM STORAGE TANK SHORTFALL. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $25,000,000 is appropriated out of General
Revenue Dedicated Account No. 655 (the Petroleum Storage Tank
Remediation Account) to the Texas Commission on Environment Quality
for the two-year period beginning on the effective date of this Act
for the purpose of funding cleanup of remediation sites
contaminated by petroleum storage tanks.
SECTION 24. PARTIAL RESTORATION OF APPROPRIATION REDUCTION
FOR PROPERTY SALES. (a) The purpose of this section is to restore a
portion of the reduction in appropriations made by Section
12.04(d), Article IX, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), to agencies
and institutions that on August 31, 2003, owned real property
purchased with general revenue or general revenue dedicated funds
and that had appropriations reduced under Section 12.04(d) by an
aggregate total of $97,000,000 for the state fiscal biennium ending
August 31, 2005.
(b) The amount of $78,928,959 is appropriated out of the
general revenue fund to the agencies and institutions described by
Subsection (a) of this section for the two-year period beginning on
the effective date of this Act for the purpose described by
Subsection (a) of this section. An agency or institution that
receives a portion of the amount appropriated by this section under
Subsection (c) of this section may spend the amount received for the
purposes for which the agency or institution was authorized to
spend the appropriation that was reduced.
(c) The governor and the Legislative Budget Board, taking
into account the reductions and distributions made under Section
12.04(d), Article IX, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), shall
allocate the amount appropriated by this section among the agencies
and institutions described by Subsection (a) of this section.
SECTION 25. APPROPRIATION OF CERTAIN UNEXPENDED BALANCES.
Any amounts appropriated under Section 11.28, Article IX, Chapter
1330, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act), as amended by Article 5, Chapter 10,
Acts of the 78th Legislature, 3rd Called Session, 2003, that are
unencumbered and unexpended on the effective date of this Act,
including the amount of $180,472,802 in federal funds for state
fiscal relief held in the general revenue fund, $24,425,786
resulting from items of appropriation made by the 78th Legislature
that were vetoed under Section 14, Article IV, Texas Constitution,
and held in the general revenue fund, and $2,150,657 resulting from
items of appropriation made by the 78th Legislature that were
vetoed under Section 14, Article IV, Texas Constitution, and held
in the general revenue fund as general revenue dedicated money, are
appropriated for the two-year period beginning on the effective
date of this Act for the purposes and in accordance with the
procedures prescribed by Section 11.28, Article IX, Chapter 1330,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), as amended by Article 5, Chapter 10, Acts of
the 78th Legislature, 3rd Called Session, 2003.
SECTION 26. SALARIES: NINTH COURT OF APPEALS, BEAUMONT;
APPROPRIATIONS REDUCTION: TENTH COURT OF APPEALS, WACO. (a) In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $36,000 is
appropriated out of the general revenue fund to the Ninth Court of
Appeals, Beaumont, for the two-year period beginning on the
effective date of this Act for the purpose of funding salaries.
(b) The unencumbered amounts previously appropriated for
the state fiscal biennium ending August 31, 2005, from the general
revenue fund to the Tenth Court of Appeals, Waco, are reduced by
$36,000.
SECTION 27. APPROPRIATIONS REDUCTION: TEXAS PUBLIC FINANCE
AUTHORITY. The unencumbered amount of general revenue funds
appropriated to the Texas Public Finance Authority to be used for
general obligation bond debt service during the state fiscal
biennium ending August 31, 2005, is reduced by $17,500,000.
SECTION 28. APPROPRIATIONS REDUCTION: DEPARTMENT OF AGING
AND DISABILITY SERVICES. The unencumbered amount of general
revenue dedicated funds appropriated to the Department of Aging and
Disability Services from General Revenue Dedicated Account No. 543
(the Texas Capital Trust Fund) for use during the state fiscal
biennium ending August 31, 2005, is reduced by $1,943,939. The
department shall identify the strategies and objectives out of
which the reductions in unencumbered amounts are to be made.
SECTION 29. APPROPRIATIONS REDUCTION: TEXAS LOTTERY
COMMISSION. The unencumbered amount of general revenue dedicated
funds appropriated to the Texas Lottery Commission from General
Revenue Dedicated Account No. 5025 (the State Lottery Account) for
use during the state fiscal biennium ending August 31, 2005, is
reduced by $1,690,606. The commission shall identify the
strategies and objectives out of which the reductions in
unencumbered amounts are to be made.
SECTION 30. APPROPRIATIONS REDUCTION: PUBLIC UTILITY
COMMISSION OF TEXAS. The unencumbered amount of general revenue
dedicated funds appropriated to the Public Utility Commission from
General Revenue Dedicated Account No. 5100 (the System Benefit
Fund, previously known as the System Benefit Trust Fund) for use
during the state fiscal biennium ending August 31, 2005, is reduced
by $57,200,000. The commission shall identify the strategies and
objectives out of which the reductions in unencumbered amounts are
to be made.
SECTION 31. APPROPRIATIONS REDUCTION: TEXAS WORKERS'
COMPENSATION COMMISSION. The unencumbered amount of general
revenue dedicated funds appropriated to the Texas Workers'
Compensation Commission from General Revenue Dedicated Account No.
5101 (the Subsequent Injury Fund) for use during the state fiscal
biennium ending August 31, 2005, is reduced by $6,000,000. The
commission shall identify the strategies and objectives out of
which the reductions in unencumbered amounts are to be made.
SECTION 32. APPROPRIATIONS REDUCTION: EMANCIPATION
JUNETEENTH CULTURAL AND HISTORICAL COMMISSION. The amount of
general revenue funds appropriated to the Texas Historical
Commission for the use of the Emancipation Juneteenth Cultural and
Historical Commission during the state fiscal biennium ending
August 31, 2005, is reduced by $415,000.
SECTION 33. REPORTING TO LEGISLATIVE BUDGET BOARD. On
August 1, 2005, and on such other dates as the Legislative Budget
Board considers to be necessary, each entity appropriated money by
this Act and each agency for which an amount of appropriations is
reduced by this Act shall report to the board, in a format specified
by the board, the information requested by the board regarding use
of the money appropriated by this Act or the measures taken to
reduce appropriations as required by this Act.
SECTION 34. ECONOMIC STABILIZATION FUND APPROPRIATIONS.
The provisions of this Act that make appropriations out of the
Economic Stabilization Fund or that make appropriations of matching
federal funds the receipt of which is dependent on an appropriation
out of the Economic Stabilization Fund take effect only if this Act
receives the vote required by Section 49-g, Article III, Texas
Constitution.
SECTION 35. EFFECTIVE DATE. This Act takes effect
immediately.