By: Pitts, Denny (Senate Sponsor - Ogden) H.B. No. 10
(In the Senate - Received from the House April 11, 2005;
April 12, 2005, read first time and referred to Committee on
Finance; May 21, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 10, Nays 1;
May 21, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 10 By: Ogden
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) $471,800,000 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) $1,010,000,000 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. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
CHILD PROTECTIVE SERVICES PROGRAM REFORM. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $7,300,000 is appropriated out of the
general revenue fund and the amount of $2,900,000 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.
SECTION 5. 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 6. 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 7. 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 8. TEACHER RETIREMENT SYSTEM: ADDITIONAL
APPROPRIATION FOR RETIREMENT CONTRIBUTIONS. In addition to the
estimated amounts appropriated for the following purpose by any
other Act of the 79th Legislature, Regular Session, 2005, that
becomes law, the additional sum certain amount of $100,000,000 is
appropriated out of the general revenue fund to the Teacher
Retirement System for the state fiscal biennium beginning September
1, 2005, for the purpose of making retirement contributions for
public education employees.
SECTION 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. APPROPRIATION FOR HIGHER EDUCATION FUND. (a) In
addition to amounts otherwise appropriated for deposit into the
Higher Education Fund during the state fiscal biennium beginning
September 1, 2005, the amounts described by Subsection (b) of this
section are appropriated out of the Economic Stabilization Fund
during the state fiscal biennium beginning September 1, 2005, for
deposit into the Higher Education Fund for use in accordance with
Section 17(i), Article VII, Texas Constitution.
(b) The amount appropriated under Subsection (a) of this
section is the amount, not to exceed $100 million, by which the
actual amounts transferred to the Economic Stabilization Fund
during the state fiscal biennium beginning September 1, 2005,
exceed the amounts that the comptroller estimated would be
transferred to that fund during that biennium. The estimate
described by this subsection is the estimate made by the
comptroller under Subsection (h), Section 49-g, Article III, Texas
Constitution.
SECTION 18. 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 19. CONTINGENCY APPROPRIATION: HOUSE BILL 2.
Contingent on the enactment of House Bill 2 or similar legislation
relating to the public school finance system by the 79th
Legislature, Regular Session, 2005, that becomes law, the amount of
general revenue funds appropriated by the 79th Legislature, Regular
Session, 2005, for the state fiscal biennium beginning September 1,
2005, for the operation of local school districts is increased by
$2,400,000,000 to implement the provisions of the legislation that
contemplate an increase in the amount of total state revenue
provided for the operation of local school districts.
SECTION 20. APPROPRIATIONS REDUCTION: CERTAIN UNEXPENDED
BALANCES. The unencumbered 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, are reduced as follows:
(1) the amount of federal funds appropriated by
Section 11.28, as amended, for state fiscal relief and held in the
general revenue fund is reduced by $180,472,802;
(2) the amount appropriated by Section 11.28, as
amended, that resulted from items of appropriation made by the 78th
Legislature that were vetoed under Section 14, Article IV, Texas
Constitution, and that is held in the undedicated portion of the
general revenue fund is reduced by $24,425,786; and
(3) the amount appropriated by Section 11.28, as
amended, that resulted from items of appropriation made by the 78th
Legislature that were vetoed under Section 14, Article IV, Texas
Constitution, and that is held in the general revenue fund as
general revenue dedicated money is reduced by $2,150,657.
SECTION 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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 27. 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 28. GENERAL CONTINGENCY APPROPRIATION REDUCTION.
(a) This section applies only in relation to appropriations made by
this Act specifically for the state fiscal biennium beginning
September 1, 2005, specifically for the state fiscal year beginning
September 1, 2005, and specifically for the state fiscal year
beginning September 1, 2006.
(b) If, without considering the contingency reductions made
under this section, the sum total amount of the appropriations
described by Subsection (a) of this section and made by this Act out
of the general revenue fund and general revenue dedicated accounts
exceeds the amount estimated by the Comptroller, pursuant to
Section 49a, Article III, Texas Constitution, to be available in
the affected fund and accounts during the state fiscal biennium
beginning September 1, 2005, then all appropriations made by this
Act out of the general revenue fund and general revenue dedicated
accounts for the applicable periods described by Subsection (a) of
this section are hereby automatically reduced on a pro-rata basis
by the amount necessary, if any, to bring the total amount
appropriated by this Act for those periods out of the general
revenue fund and general revenue dedicated accounts to within the
revenue estimated by the Comptroller, pursuant to Section 49a,
Article III, Texas Constitution, to be available in the affected
fund and accounts during the state fiscal biennium beginning
September 1, 2005.
SECTION 29. 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 30. 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 31. EFFECTIVE DATE. This Act takes effect
immediately.
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