Suspending limitations on conference committee
jurisdiction, H.B. No. 3540 (Pitts/Ogden)
By: Pitts H.R. No. 2289
R E S O L U T I O N
BE IT RESOLVED by the House of Representatives of the State of Texas, 79th Legislature, Regular Session, 2005, That House Rule 13, Section 9(a), be suspended in part as provided by House Rule 13, Section 9(f), to enable the conference committee appointed to resolve the differences on House Bill 3540 (certain fiscal matters affecting governmental entities) to consider and take action on the following matter: (1) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Article 1 of the bill as follows:
ARTICLE 1. DELAYED ELIGIBILITY FOR MEMBERSHIP IN EMPLOYEES RETIREMENT SYSTEM OF TEXAS
SECTION 1.01. Section 812.003(e), Government Code, is amended to read as follows: (e) Membership [For persons whose employment or office holding begins before September 1, 2005, membership] in the employee class begins on the 91st day after the first day a person is employed or holds office. SECTION 1.02. Sections 812.003(d) and (h), Government Code, are repealed. Explanation: The change is necessary to omit provisions relating to delayed eligibility for membership in the Employees Retirement System of Texas. (2) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the title to Article 2 of the bill as follows:
ARTICLE 2. WAIVER OF AND SUPPLEMENTAL HEALTH COVERAGE FOR STATE EMPLOYEES
Explanation: The change is necessary to conform to the deletion of the other provisions of Article 2 of the bill relating to waiver of and supplemental health coverage for state employees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (3) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Section 1551.104(a), Insurance Code, as follows: (a) Subject to Sections 1551.101 and 1551.102, each full-time employee is covered automatically by the basic coverage plan for employees and each annuitant is covered by the basic coverage plan for annuitants unless: (1) participation is specifically waived as provided by Section 1551.1045; (2) the employee or annuitant is expelled from the program under Section 1551.351; or (3) eligibility is otherwise limited by this chapter. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 2 of the bill relating to waiver of and supplemental health coverage for state employees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (4) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Section 1551.1045(a), Insurance Code, as follows: (a) Subject to Subsections (b) and (c), an employee or annuitant may waive in writing any coverage provided under this chapter. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 2 of the bill relating to waiver of and supplemental health coverage for state employees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (5) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Section 1551.222, Insurance Code, as follows: Sec. 1551.222. INCENTIVE PAYMENTS. (a) The board of trustees may allow an incentive payment under this section to an employee or annuitant who elects to waive coverage under the basic coverage plan for employees or annuitants as provided by Section 1551.1045(b) or (c). (b) The incentive payment authorized by this section is in the amount authorized by the General Appropriations Act and may be used by the employee or annuitant, in the manner prescribed by the board of trustees, only to pay for other group coverage plans provided under the group benefits program. (c) The board of trustees, at the time of initial enrollment in the group benefits program and during subsequent open-enrollment periods, shall inform employees and annuitants that they may make an election described by Subsection (a), if eligible, and receive any authorized incentive payment. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 2 of the bill relating to waiver of and supplemental health coverage for state employees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (6) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Section 1551.324, Insurance Code, as follows: Sec. 1551.324. REDUCTION IN CONTRIBUTION FOR CERTAIN ACTIVE EMPLOYEES AND ANNUITANTS; INCENTIVE PAYMENTS. (a) Notwithstanding any other provision of this subchapter, the state contribution for an employee's coverage or an annuitant's coverage under this chapter may be reduced, as provided in the General Appropriations Act, to reflect the reduced cost of coverage for an employee or annuitant who elects to waive basic coverage as provided by Section 1551.1045(b) or (c). (b) Instead of the full state contribution for an employee or annuitant who makes an election described by Subsection (a), the state may contribute, as specified by the General Appropriations Act, an amount for the incentive payment authorized by Section 1551.222. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 2 of the bill relating to waiver of and supplemental health coverage for state employees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (7) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Article 4 of the bill as follows:
ARTICLE 4. EXTENDING STATE REIMBURSEMENT PROGRAM: PETROLEUM STORAGE TANKS
SECTION 4.01. Section 26.351(f), Water Code, is amended to read as follows: (f) The person performing corrective action under this section, if the release was reported to the commission on or before December 22, 1998, shall meet the following deadlines: (1) a complete site assessment and risk assessment (including, but not limited to, risk-based criteria for establishing target concentrations), as determined by the executive director, must be received by the agency no later than September 1, 2002; (2) a complete corrective action plan, as determined by the executive director and including, but not limited to, completion of pilot studies and recommendation of a cost-effective and technically appropriate remediation methodology, must be received by the agency no later than September 1, 2003. The person may, in lieu of this requirement, submit by this same deadline a demonstration that a corrective action plan is not required for the site in question under commission rules. Such demonstration must be to the executive director's satisfaction; (3) for those sites found under Subdivision (2) to require a corrective action plan, that plan must be initiated and proceeding according to the requirements and deadlines in the approved plan no later than March 1, 2004; (4) for sites which require either a corrective action plan or groundwater monitoring, a comprehensive and accurate annual status report concerning those activities must be submitted to the agency; (5) for sites which require either a corrective action plan or groundwater monitoring, all deadlines set by the executive director concerning the corrective action plan or approved groundwater monitoring plan shall be met; and (6) for sites that require either a corrective action plan or groundwater monitoring, have met all other deadlines under this subsection, and have submitted annual progress reports that demonstrate progress toward meeting closure requirements, a site closure request must be submitted to [requests for all sites where] the executive director [agreed in writing that no corrective action plan was required must be received by the agency] no later than September 1, 2007 [2005]. The request must be complete, as judged by the executive director. SECTION 4.02. Section 26.355(b), Water Code, is amended to read as follows: (b) An owner or operator of an underground or aboveground storage tank from which a regulated substance is released is liable to the state unless: (1) the release was caused by: (A) [(1)] an act of God; (B) [(2)] an act of war; (C) [(3)] the negligence of the State of Texas or the United States; or (D) [(4)] an act or omission of a third party; or (2) the site at which the release occurred has been admitted into the petroleum storage tank state-lead program under Section 26.3573(r-1). SECTION 4.03. Section 26.35731(b), Water Code, is amended to read as follows: (b) The commission has discretion whether to postpone considering, processing, or paying [may not consider, process, or pay] a claim for reimbursement from the petroleum storage tank remediation account for corrective action work begun without prior commission approval after September 1, 1993, and filed with the commission prior to January 1, 2005 [without prior commission approval until all claims for reimbursement for corrective action work preapproved by the commission have been considered, processed, and paid]. SECTION 4.04. Section 26.3573, Water Code, is amended by amending Subsections (d), (r), and (s) and adding Subsection (r-1) to read as follows: (d) The commission may use the money in the petroleum storage tank remediation account to pay: (1) necessary expenses associated with the administration of the petroleum storage tank remediation account and the groundwater protection cleanup program[, not to exceed an amount equal to: 11.8 percent of the gross receipts of that account for FY02/03; 16.40 percent of the gross receipts of that account for FY04/05; and 21.1 percent of the gross receipts of that account for FY06/07]; (2) expenses associated with investigation, cleanup, or corrective action measures performed in response to a release or threatened release from a petroleum storage tank, whether those expenses are incurred by the commission or pursuant to a contract between a contractor and an eligible owner or operator as authorized by this subchapter; and (3) subject to the conditions of Subsection (e) [of this section], expenses associated with investigation, cleanup, or corrective action measures performed in response to a release or threatened release of hydraulic fluid or spent oil from hydraulic lift systems or tanks located at a vehicle service and fueling facility and used as part of the operations of that facility. (r) Except as provided by Subsection (r-1), the [The] petroleum storage tank remediation account may not be used to reimburse any person for corrective action performed after September 1, 2005. (r-1) In this subsection, "state-lead program" means the petroleum storage tank state-lead program administered by the commission. The executive director shall grant an extension for corrective action reimbursement to a person who is an eligible owner or operator under Section 26.3571. The petroleum storage tank remediation account may be used to reimburse an eligible owner or operator for corrective action performed under an extension before August 31, 2007. Not later than July 1, 2007, an eligible owner or operator who is granted an extension under this subsection may apply to the commission in writing using a form provided by the commission to have the site subject to corrective action placed in the state-lead program. The eligible owner or operator must agree in the application to allow site access to state personnel and state contractors as a condition of placement in the state-lead program under this subsection. On receiving the application for placement in the state-lead program under this subsection, the executive director by order shall place the site in the state-lead program until the corrective action is completed to the satisfaction of the commission. An eligible owner or operator of a site that is placed in the state-lead program under this subsection is not liable to the commission for any costs related to the corrective action. (s) The petroleum storage tank remediation account may not be used to reimburse any person for corrective action contained in a reimbursement claim filed with the commission after March 1, 2008 [2006]. SECTION 4.05. Section 26.3574(b), Water Code, is amended to read as follows: (b) A fee is imposed on the delivery of a petroleum product on withdrawal from bulk of that product as provided by this subsection. Each operator of a bulk facility on withdrawal from bulk of a petroleum product shall collect from the person who orders the withdrawal a fee in an amount determined as follows: (1) $12.50 for each delivery into a cargo tank having a capacity of less than 2,500 gallons for the state fiscal year beginning September 1, 2001, and the state fiscal year beginning September 1, 2002 [FY 02 and FY 03]; and $10.00 for each delivery into a cargo tank having a capacity of less than 2,500 gallons for the state fiscal year beginning September 1, 2003, through the state fiscal year ending August 31, 2007 [FY 04 and FY 05; $5.00 for each delivery into a cargo tank having a capacity of less than 2,500 gallons for FY 06; and $2.00 for each delivery into a cargo tank having a capacity of less than 2,500 gallons for FY 07]; (2) $25.00 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons for the state fiscal year beginning September 1, 2001, and the state fiscal year beginning September 1, 2002 [FY 02 and FY 03]; and $20.00 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons for the state fiscal year beginning September 1, 2003, through the state fiscal year ending August 31, 2007 [FY 04 and FY 05; $10.00 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons for FY 06; and $4.00 for each delivery into a cargo tank having a capacity of 2,500 gallons or more but less than 5,000 gallons for FY 07]; (3) $37.50 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons for the state fiscal year beginning September 1, 2001, and the state fiscal year beginning September 1, 2002 [FY 02 and FY 03]; and $30.00 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons for the state fiscal year beginning September 1, 2003, through the state fiscal year ending August 31, 2007 [FY 04 and FY 05; $15.00 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons for FY 06; and $6.00 for each delivery into a cargo tank having a capacity of 5,000 gallons or more but less than 8,000 gallons for FY 07]; (4) $50.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons for the state fiscal year beginning September 1, 2001, and the state fiscal year beginning September 1, 2002 [FY 02 and FY 03]; and $40.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons for the state fiscal year beginning September 1, 2003, through the state fiscal year ending August 31, 2007 [FY 04 and FY 05; $20.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons for FY 06; and $8.00 for each delivery into a cargo tank having a capacity of 8,000 gallons or more but less than 10,000 gallons for FY 07]; and (5) a $25.00 fee for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more for the state fiscal year beginning September 1, 2001, and the state fiscal year beginning September 1, 2002 [FY 02 and FY 03]; and $20.00 for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more for the state fiscal year beginning September 1, 2003, through the state fiscal year ending August 31, 2007 [FY 04 and FY 05; $10.00 for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more for FY 06; and $4.00 for each increment of 5,000 gallons or any part thereof delivered into a cargo tank having a capacity of 10,000 gallons or more for FY 07]. SECTION 4.06. Section 26.361, Water Code, is amended to read as follows: Sec. 26.361. EXPIRATION OF REIMBURSEMENT PROGRAM. Notwithstanding any other provision of this subchapter, the reimbursement program established under this subchapter expires September 1, 2008 [2006]. On or after September 1, 2008 [2006], the commission may not use money from the petroleum storage tank remediation account to reimburse an eligible owner or operator for any expenses of corrective action or to pay the claim of a person who has contracted with an eligible owner or operator to perform corrective action. SECTION 4.07. This article takes effect September 1, 2005. Explanation: The change is necessary to omit provisions relating to extending the state reimbursement program for petroleum storage tanks that are included in the conference committee report for S.B. No. 1863. (8) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the title to Article 7 of the bill as follows:
ARTICLE 7. DRUG PURCHASING FOR STATE AGENCIES
Explanation: The change is necessary to conform to the deletion of the other provisions of Article 7 of the bill relating to drug purchasing for state agencies, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (9) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Sections 531.080(a)-(d), Government Code, as follows: (a) Subject to Subsection (b), the commission and each health and human services agency authorized by the executive commissioner may enter into an agreement with one or more other states for the joint bulk purchasing of prescription drugs and other medications to be used in the Medicaid program, the state child health plan, or another program under the authority of the commission. (b) An agreement under this section may not be entered into until: (1) the commission determines that entering into the agreement would be feasible and cost-effective; and (2) if appropriated money would be spent under the proposed agreement, the governor and the Legislative Budget Board grant prior approval to expend appropriated money under the proposed agreement. (c) If an agreement is entered into, the commission shall adopt procedures applicable to an agreement and joint purchase required by this section. The procedures must ensure that this state receives: (1) all prescription drugs and other medications purchased with money provided by this state; and (2) an equitable share of any price benefits resulting from the joint bulk purchase. (d) In determining the feasibility and cost-effectiveness of entering into an agreement under this section, the commission shall identify: (1) the most cost-effective existing joint bulk purchasing agreement; and (2) any potential groups of states with which this state could enter into a new cost-effective joint bulk purchasing agreement. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 7 of the bill relating to drug purchasing for state agencies, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (10) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the transitional provisions included in Sections 7.03 and 7.04 of the house engrossment and Sections 7.02 and 7.03 of the senate committee report as follows: SECTION 7.03. Not later than January 15, 2006, the Health and Human Services Commission shall determine the feasibility and cost-effectiveness of entering into an agreement under Section 531.080, Government Code, as added by this article. If the commission determines that such action is feasible and cost-effective, the commission shall take action to enter into an agreement that takes effect March 1, 2006. SECTION 7.04. If before implementing any provision of this article a state agency determines that a waiver or authorization from a federal agency is necessary for implementation of that provision, the agency affected by the provision shall request the waiver or authorization and may delay implementing that provision until the waiver or authorization is granted. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 7 of the bill relating to drug purchasing for state agencies, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (11) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the title to Article 8 of the bill as follows:
ARTICLE 8. QUALITY ASSURANCE FEES
Explanation: The change is necessary to conform to the deletion of Article 8 of the bill relating to quality assurance fees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (12) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit text repealing Section 252.209, Health and Safety Code, as added by Section 8.04 of the house engrossment and by Section 8.01 of the senate committee report as follows: SECTION 8.04. Section 252.209, Health and Safety Code, is repealed. Explanation: The change is necessary to conform to the deletion of Article 8 of the bill relating to quality assurance fees, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (13) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the title to Article 14 of the bill as follows:
ARTICLE 14. INTEREST ON CERTAIN TAX REFUNDS
Explanation: The change is necessary to conform to the deletion of the other provisions of Article 14 of the bill relating to interest on certain tax refunds, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (14) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Sections 111.064(c-1) and (f), Tax Code, relating to interest on certain tax refunds as follows: (c-1) A refund, without regard to the date claimed, for a report period due before January 1, 2000, does not accrue interest. (f) A local revenue fund is not subject to Subsections (a)-(c-1) [(a)-(c)]. In this subsection, "local revenue fund" includes a court cost, a fee, a fine, or a similar charge collected by a municipality, a county, or a court of this state and remitted to the comptroller. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 14 of the bill relating to interest on certain tax refunds, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (15) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of the effective date of Article 14 of the bill as follows: SECTION 14.02. This article takes effect September 1, 2005. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 14 of the bill relating to interest on certain tax refunds, which was a matter of disagreement between the houses. In addition, that article is included in the conference committee report for S.B. No. 1863. (16) House Rule 13, Section 9(a)(4), is suspended to permit the conferees to add a new Article 5 to read as follows:
ARTICLE 5. EMERGENCY ROOM REDUCTION
SECTION 5.01. (a) Subchapter B, Chapter 531, Government Code, is amended by adding Section 531.083 to read as follows: Sec. 531.083. HOSPITAL EMERGENCY ROOM USE REDUCTION INITIATIVES. The commission shall develop and implement a comprehensive plan to reduce the use of hospital emergency room services by recipients under the medical assistance program. The plan may include: (1) a pilot program designed to facilitate program participants in accessing an appropriate level of health care, which may include as components: (A) providing program participants access to bilingual health services providers; and (B) giving program participants information on how to access primary care physicians, advanced practice nurses, and local health clinics; (2) a pilot program under which health care providers, other than hospitals, are given financial incentives for treating recipients outside of normal business hours to divert those recipients from hospital emergency rooms; (3) payment of a nominal referral fee to hospital emergency rooms that perform an initial medical evaluation of a recipient and subsequently refer the recipient, if medically stable, to an appropriate level of health care, such as care provided by a primary care physician, advanced practice nurse, or local clinic; (4) a program under which the commission or a managed care organization that enters into a contract with the commission under Chapter 533 contacts, by telephone or mail, a recipient who accesses a hospital emergency room three times during a six-month period and provides the recipient with information on ways the recipient may secure a medical home to avoid unnecessary treatment at hospital emergency rooms; (5) a health care literacy program under which the commission develops partnerships with other state agencies and private entities to: (A) assist the commission in developing materials that: (i) contain basic health care information for parents of young children who are recipients under the medical assistance program and who are participating in public or private child-care or prekindergarten programs, including federal Head Start programs; and (ii) are written in a language understandable to those parents and specifically tailored to be applicable to the needs of those parents; (B) distribute the materials developed under Paragraph (A) to those parents; and (C) otherwise teach those parents about the health care needs of their children and ways to address those needs; and (6) other initiatives developed and implemented in other states that have shown success in reducing the incidence of unnecessary treatment in hospital emergency rooms. (b) The Health and Human Services Commission may develop the health care literacy component of the comprehensive plan to reduce the use of hospital emergency room services required by Section 531.083(5), Government Code, as added by this section, so that the health care literacy component operates in a manner similar to the manner in which the Johnson & Johnson/UCLA Health Care Institute operates its health care training program that is designed to teach parents to better address the health care needs of their children. Explanation: The change is necessary to add provisions that relate to the development and creation of hospital emergency room use reduction initiatives. (17) House Rule 13, Section 9(a)(2), is suspended to permit the committee to omit the text of Sections 5.144(b) and (b-2), Insurance Code, as follows: (b) Except as provided by Subsection (d) of this article, if the commissioner determines that an insurer has charged a rate for personal automobile insurance or residential property insurance that is excessive or unfairly discriminatory, as described by Article 5.13-2 [or 5.101] of this code, the commissioner may order the insurer to: (1) issue a refund of the excessive or unfairly discriminatory portion of the premium, plus interest on that amount, directly to each affected policyholder if the amount of that portion of the premium is at least 7.5 percent of the total premium charged for the coverage; or (2) if the amount of that portion of the premium is less than 7.5 percent: (A) provide each affected policyholder who renews the policy a future premium discount in the amount of the excessive or unfairly discriminatory portion of the premium, plus interest on that amount; and (B) provide each affected policyholder who does not renew or whose coverage is otherwise terminated a refund in the amount described by Subdivision (1) of this subsection. (b-2) An insurer may not claim a premium tax credit to which the insurer is otherwise entitled unless the insurer has complied with this article. Explanation: The change is necessary to conform to the deletion of the other provisions of Article 5.144, Insurance Code, which was a matter of disagreement between the houses.