79R9242 JJT-F
By: Ogden S.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to statutory authority for certain governmental entities
to take certain actions to permit the legislature to reduce
appropriations to those agencies.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Notwithstanding any statute to the
contrary, the legislature, in its discretion, may determine the
amount of each appropriation of state funds. The amounts required
by statute for entities that receive state funds under Article II of
the General Appropriations Act, 79th Legislature, Regular Session,
2005, may be reduced or eliminated in order to achieve a balanced
budget.
(b) This section expires September 1, 2007.
SECTION 2. (a) This section applies to the following state
agencies:
(1) the Health and Human Services Commission; and
(2) each agency over which the executive director of
the Health and Human Services Commission has authority.
(b) Notwithstanding any other statute of this state, each
state agency to which this section applies is authorized to reduce
expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
electronic mail or through the Internet; and
(5) adopting and collecting fees or charges to cover
any costs the agency incurs in performing its lawful functions.
SECTION 3. Section 39.903(e), Utilities Code, as amended by
Chapters 1394, 1451, and 1466, Acts of the 77th Legislature,
Regular Session, 2001, is reenacted and amended to read as follows:
(e) Money in the system benefit fund may be appropriated to
provide funding solely for the following [regulatory] purposes,
[and] in the following order of priority:
(1) the medical assistance program under Chapter 32,
Human Resources Code;
(2) customer education programs, administrative
expenses incurred by the commission in implementing and
administering this chapter, and expenses incurred by the office
under this chapter;
(3) programs to assist low-income electric customers
by providing the 10 percent reduced rate prescribed by Subsection
(h);
(4) programs to assist low-income electric customers
by providing the targeted energy efficiency programs described by
Subsection (f)(2); [customer education programs, administrative
expenses incurred by the commission in implementing and
administering this chapter, and expenses incurred by the office
under this chapter;]
(5) the school funding loss mechanism provided by
Section 39.901;
(6) programs to assist low-income electric customers
by providing the 20 percent reduced rate prescribed by Subsection
(h); and
(7) reimbursement to the commission and the Health and
Human Services Commission [Texas Department of Human Services] for
expenses incurred in the implementation and administration of an
integrated eligibility process created under Section 17.007 for
customer service discounts relating to retail electric service,
including outreach expenses the commission determines are
reasonable and necessary.
SECTION 4. Notwithstanding any statute to the contrary,
each health and human services agency, including any agency listed
in Section 531.001, Government Code, shall reduce its
expenditures, through a reduction in services provided or through a
reduction in other activities of the agency, as necessary to
operate within the amounts appropriated to the agency under Article
II of the General Appropriations Act. The comptroller of public
accounts or the executive commissioner of the Health and Human
Services Commission, as appropriate, may direct an agency to reduce
services or activities in accordance with this section.
SECTION 5. Notwithstanding Subchapter G, Chapter 403,
Government Code, the legislature may appropriate the available
earnings of any permanent fund established under that subchapter
and derived from tobacco proceeds to any strategy identified under
Article II of the General Appropriations Act. The comptroller
shall transfer funds from the permanent funds established under
Subchapter G, Chapter 403, Government Code, as necessary to
implement this section. This section expires September 1, 2007.
SECTION 6. The executive commissioner of the Health and
Human Services Commission shall reduce expenditures by directing
the appropriate actions as follows:
(1) consolidating facilities providing services to
persons with mental retardation while maintaining the total
capacity of those facilities in this state;
(2) consolidating facilities providing services to
persons with mental illness and operating those facilities at a
reduced capacity; and
(3) reducing state funding for community hospitals
providing services to persons with mental illness.
SECTION 7. Notwithstanding Section 2201.002, Government
Code, or any other law, the Texas capital trust fund may be used in
any manner necessary to support the infrastructure of facilities
for persons with mental retardation and mental illness.
SECTION 8. (a) The Department of Assistive and
Rehabilitative Services shall reduce expenditures by providing
through the vocational rehabilitation program operated by the
commission:
(1) transition planning services to prepare persons
with disabilities for a successful transition to employment; and
(2) extended ongoing support services to enable
individuals to achieve and maintain employment.
(b) Notwithstanding any other law, services described by
Subsections (a)(1) and (2) of this section may not be provided
separately from the vocational rehabilitation program operated by
the Department of Assistive and Rehabilitative Services.
SECTION 9. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2005.