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.