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are repealed.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.