BILL ANALYSIS
Senate Research Center H.B. 15
By: Chisum (Ogden)
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Each legislative session, state agencies project the costs of fulfilling their functions and providing important services for the following two-year budget period. This information, combined with the biennial estimate of revenues submitted to the governor and the legislature before the convening of each regular session, are key components to the construction of a General Appropriations Act -- and themselves are comprised of projections related to caseload, population, and enrollment growth, as well as other economic factors.
H.B. 15 makes adjustments in appropriations for various state agencies, including adjustments necessary to correct underreporting for group insurance enrollment, and reimburses agencies for unexpected expenses such as increased utility costs.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. AUSTIN COMMUNITY COLLEGE: GROUP HEALTH INSURANCE. Provides that $3,678,942 is appropriated out of the general revenue fund for the two-year period beginning on the effective date of this Act (appropriated out of the general revenue fund) to Austin Community College in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2007 (in addition to amounts previously appropriated), for the purpose of correcting the institution's underreporting of its state-funded group health insurance enrollment for fiscal years 2006 and 2007.
SECTION 2. SOUTH PLAINS COLLEGE: GROUP HEALTH INSURANCE. Provides that $1,424,764 is appropriated out of the general revenue fund to South Plains College, in addition to amounts previously appropriated, for the purpose of correcting the institution's underreporting of its state-funded group health insurance enrollment for fiscal years 2006 and 2007.
SECTION 3. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: OPERATIONS. Provides that $47,000,000 is appropriated out of the general revenue fund to the Texas Department of Criminal Justice, in addition to amounts previously appropriated, for the purpose of providing for salaries and wages, hazardous duty and longevity pay, overtime pay, contractual rate adjustments, utilities, and fuel.
SECTION 4. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL MANAGED HEALTH CARE. Provides that $12,940,619 is appropriated out of the general revenue fund to the Texas Department of Criminal Justice, in addition to amounts previously appropriated, for the purpose of providing for correctional managed health care.
SECTION 5. TEXAS MEDICAL BOARD: OPERATIONS. (a) Provides that $1,222,827 is appropriated out of the general revenue fund to the Texas Medical Board, in addition to amounts previously appropriated, for the purpose of repaying the Governor's Emergency and Deficiency Grant awarded in fiscal year 2006 and for providing for agency operating expenses for licensing and enforcement.
(b) Provides that $600,248 is appropriated out of the general revenue fund to the Texas Medical Board, in addition to amounts previously appropriated, for the purpose of providing for agency operating expenses for licensing and enforcement.
(c) Authorizes the board, in addition to the number of full-time equivalent (FTE) employees previously authorized during the state fiscal year ending August 31, 2007 (previously authorized), to employ an additional six FTEs during that period.
SECTION 6. TEXAS DEPARTMENT OF LICENSING AND REGULATION: COSTS RELATED TO FORMER COSMETOLOGY COMMISSION AND BOARD OF BARBER EXAMINERS. (a) Provides that $463,202 is appropriated out of the general revenue fund to the Texas Department of Licensing and Regulation, in addition to amounts previously appropriated, for the purpose of paying the unanticipated costs of relocating the functions and operations, as well as paying obligations and any accrued interest, of the former Cosmetology Commission and the former Board of Barber Examiners.
(b) Provides that this subsection applies with respect to the obligation to pay for goods or services received before August 31, 2005, by the former Cosmetology Commission or the former Board of Barber Examiners. Prohibits a claim for payment or reimbursement for goods and services to which this subsection applies from being paid from money appropriated by Subsection (a) of this section until the claim is verified and substantiated by the executive director of the Texas Department of Licensing and Regulation and until it is subsequently approved by the attorney general and the comptroller of public accounts (comptroller). Requires these approvals to occur before August 31, 2008.
SECTION 7. TEXAS BUILDING AND PROCUREMENT COMMISSION: MAINTENANCE. Provides that $64,013,000 is appropriated out of the general revenue fund to the Texas Building and Procurement Commission, in addition to amounts previously appropriated, for the purpose of providing for various life safety and deferred maintenance projects.
SECTION 8. TEXAS BUILDING AND PROCUREMENT COMMISSION: ABATEMENT OF ASBESTOS AND BUILD-OUT OF STEPHEN F. AUSTIN BUILDING. Provides that $6,014,700 is appropriated out of the general revenue fund to the Texas Building and Procurement Commission, in addition to amounts previously appropriated, for the purpose of the abatement of asbestos and the build-out of the Stephen F. Austin Building.
SECTION 9. TEXAS BUILDING AND PROCUREMENT COMMISSION: UTILITIES. Provides that $2,847,069 is appropriated out of the general revenue fund to the Texas Building and Procurement Commission, in addition to amounts previously appropriated, for the purpose of making utility payments.
SECTION 10. TEXAS SOUTHERN UNIVERSITY: DEFERRED MAINTENANCE AND OTHER EXPENSES. Provides that $13,645,120 is appropriated out of the general revenue fund to Texas Southern University, in addition to amounts previously appropriated, for the purpose of providing deferred maintenance, paying outstanding expenses, making emergency maintenance repairs, paying contract deficits, paying audit and legal costs, providing funding for summer school, and providing funding for the TSU/HISD Charter School.
SECTION 11. ANGELO STATE UNIVERSITY: UTILITIES. Provides that $50,000 is appropriated out of the general revenue fund to Angelo State University, in addition to amounts previously appropriated, for the purpose of making utility payments.
SECTION 12. UNIVERSITY OF TEXAS MEDICAL BRANCH AT GALVESTON. (a) Provides that $13,100,000 is appropriated out of the general revenue fund to the University of Texas Medical Branch at Galveston for the state fiscal biennium ending August 31, 2009, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, to reimburse the institution for nonreimbursed losses resulting from interruptions in services and operations caused by Hurricane Rita.
(b) Provides that it is the intent of the legislature that the institution use the money appropriated by Subsection (a) of this section in equal amounts in each fiscal year of the state fiscal biennium for which the money is appropriated.
SECTION 13. TEXAS FOREST SERVICE: REIMBURSEMENT FOR WILDFIRE COSTS. Provides that $44,730,767 is appropriated out of the general revenue fund to the Texas Forest Service, in addition to amounts previously appropriated, for the purpose of providing reimbursement for costs related to wildfire.
SECTION 14. TEXAS FORENSIC SCIENCE COMMISSION: SALARY, OFFICE, AND TRAVEL EXPENSES. (a) Provides that $45,000 is appropriated out of the general revenue fund to the Texas Forensic Science Commission, in addition to amounts previously appropriated, for the purpose of paying salary, office, and travel expenses under Article 38.01 (Texas Forensic Science Commission), Code of Criminal Procedure.
(b) Authorizes the Texas Forensic Science Commission to employ one FTE from money appropriated in Subsection (a) of this section during the period covered by that appropriation.
SECTION 15. ADJUTANT GENERAL'S DEPARTMENT: OPERATIONS. Provides that $1,681,615 is appropriated out of the general revenue fund to the Adjutant General's Department, in addition to amounts previously appropriated, for the purpose of paying salaries and wages and providing for maintenance and operations.
SECTION 16. STATE BOARD OF DENTAL EXAMINERS: SHORTFALL OF APPROPRIATED RECEIPTS. Provides that $85,000 is appropriated out of the general revenue fund to the State Board of Dental Examiners, in addition to amounts previously appropriated, for the purpose of covering a shortfall of appropriated receipts.
SECTION 17. RESTORATION OF REDUCTIONS RELATED TO COMMERCIAL AIR TRAVEL. Provides that the amounts of $2,595 to the Structural Pest Control Board, $33,370 to the School for the Blind and Visually Impaired, $139,207 to the School for the Deaf, and $3,383 to the 11th Court of Appeals, Eastland, are to be appropriated out of the general revenue fund, in addition to amounts previously appropriated to those entities, for the purpose of restoring reductions in appropriations for commercial air travel made pursuant to Section 5.09 (Expenditures for Commercial Air Travel), Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act).
SECTION 18. SUPREME COURT: MULTI-DISTRICT LITIGATION. Provides that $101,498 is appropriated out of the general revenue fund to the Supreme Court of Texas, in addition to amounts previously appropriated, for the purpose of providing grants to appellate courts for additional court staff to handle multi-district litigation cases, such as cases related to asbestosis or silicosis, appealed from the trial courts.
SECTION 19. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID RATE RESTORATION. Provides that $108,900,000 is appropriated out of the general revenue fund, and $169,951,834 in federal matching funds is appropriated, to the Health and Human Services Commission (HHSC), in addition to amounts previously appropriated, for the purpose of restoring rates paid to medical professionals in the Medicaid and CHIP programs to fiscal year 2003 levels.
SECTION 20. HEALTH AND HUMAN SERVICES COMMISSION: TRANSFER OF FUNDS APPROPRIATED FOR CHIP SERVICES. Authorizes HHSC, without the necessity of prior approval by another officer and entity and notwithstanding any provision of another Act making appropriations to the contrary, to transfer funds appropriated to HHSC under Goal C: CHIP Services by Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (page II-70, General Appropriations Act), to other goals and strategies as necessary to efficiently and effectively comply with the provisions of this Act.
SECTION 21. STAFFING AND CAPITAL AUTHORIZATION IN LIEU OF CONTRACTED RESPONSIBILITIES. (a) Authorizes the executive commissioner of HHSC (executive commissioner) to adjust the FTE limitation of a state agency determined by the executive commissioner to potentially perform a service performed as of the effective date of this Act more effectively than by a contracted entity to the extent necessary to ensure the successful assumption of such contracted duties, notwithstanding any other provision in this Act. Requires HHSC to make corresponding adjustments in the scope of duties and responsibilities in the affected contract. Requires HHSC to notify the Legislative Budget Board (LBB) and the governor at least 10 days prior to adjusting the budgeted FTE levels, and to report on a quarterly basis, beginning December 1, 2007, to the LBB and the governor regarding the number of eligibility and related support staff and certain related costs, if HHSC increases agency staffing as a result of the executive commissioner's determination under this section.
(b) Authorizes HHSC, if the executive commissioner determines that a state agency would be more effective in performing a service performed as of the effective date of this Act, to exceed the capital authority limitations provided elsewhere in this Act to the extent necessary to acquire hardware, software, and office space to support any assumed contracted duties and responsibilities. Requires HHSC to make corresponding adjustments in the scope of the affected contract. Requires HHSC to notify LBB and the governor at least 10 days prior to acquiring capital equipment and to include such acquisitions in required financial reports to the LBB and the governor, if an increase in a capital project occurs.
(c) Provides that the additional staffing and capital expended from appropriated sources made to HHSC is for the two-year period beginning on the effective date of this Act.
SECTION 22. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: DIRECT DELIVERY STAFF. Provides that $18,729,595 is appropriated out of the general revenue fund, for the state fiscal biennium ending August 31, 2009, and $2,769,981 in federal matching funds is appropriated, to the Department of Family and Protective Services (DFPS), in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, for the purposes of maintaining the fiscal year 2007 average daily caseload per worker for family-based safety services and providing additional funding for statewide intake staff.
SECTION 23. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: CPS REFORM. (a) Provides that $1,502,423 is appropriated out of the general revenue fund, and $2,214,557 in federal TANF funds is appropriated, to DFPS, in addition to amounts previously appropriated, to continue the reform of child protective services.
(b) Provides that $32,968,219 is appropriated out of the general revenue fund for the state fiscal biennium ending August 31, 2009, and $63,230,962 in federal TANF funds is appropriated, to DFPS, in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, to continue the reform of child protective services.
(b-1) Authorizes DFPS to employ an additional 117 FTEs in addition to the number of FTEs previously appropriated for the state fiscal biennium ending August 31, 2007.
(b-2) Authorizes DFPS to use an additional $2,033,837 in capital budget authority for programming expenses associated with providing tablet personal computers for conservatorship workers, child-care licensing staff, and residential child-care licensing staff, in addition to the capital budget authority previously granted for the fiscal biennium ending August 31, 2007.
(c) Authorizes DFPS to employ an additional 768 FTEs during the state fiscal year ending August 31, 2008 and 1,092 FTEs during the state fiscal year ending August 31, 2009, in addition to the number of FTEs that DFPS is authorized to employ under other law during each fiscal year of the state fiscal biennium ending August 31, 2009.
SECTION 24. DEPARTMENT OF AGING AND DISABILITY SERVICES: CONTINUATION OF COMMUNITY CARE ENHANCEMENT AT FISCAL YEAR 2007 LEVELS. Provides that $15,809,141 is appropriated out of the general revenue fund, and $24,727,118 in federal funds is appropriated, to the Department of Aging and Disability Services (DADS), in addition to amounts previously appropriated, for the purpose of continuing certain aspects of community care enhancement at fiscal year 2007 levels.
SECTION 25. DEPARTMENT OF AGING AND DISABILITY SERVICES: RESTORATION OF COMMUNITY CARE PROVIDER RATES TO FISCAL YEAR 2003 LEVELS. Provides that $10,814,194 is appropriated out of the general revenue fund, and $16,914,509 in federal funds is appropriated, to DADS, in addition to amounts previously appropriated, for the purpose of restoring provider rates to fiscal year 2003 levels in certain programs and in intermediate care facilities for the mentally retarded. Requires the adjustment to provider rates for such services be effective January 1, 2007.
SECTION 26. DEPARTMENT OF STATE HEALTH SERVICES: RESTORATION OF PROVIDER RATES TO FISCAL YEAR 2003 LEVELS; PROGRAMS FOR CHILDREN WITH SPECIAL HEALTH CARE NEEDS, MATERNAL AND CHILD HEALTH SERVICES, AND FAMILY PLANNING. Provides that $3,111,684 is appropriated out of the general revenue fund for the state fiscal biennium ending August 31, 2009, to the Department of State Health Services (DSHS), in addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2009, for the purpose of restoring provider rates to fiscal year 2003 levels in programs for children with special health care needs, for maternal and child health services, and for family planning services.
SECTION 27. TEXAS YOUTH COMMISSION: OPERATING EXPENSES. Provides that $4,800,000 is appropriated out of the general revenue fund to the Texas Youth Commission in addition to amounts previously appropriated, for the purpose of providing for the agency's operating expenses.
SECTION 28. DATA CENTER SERVICES. (a) Provides that the following amounts are appropriated from the general revenue fund, unless otherwise noted, for the state fiscal biennium ending August 31, 2009, to the following agencies for the purpose of making payments for data center services: (1) $154,354 to the Railroad Commission of Texas; (2) $1,124,521 from the general revenue fund and an additional $4,856,648 appropriated out of general revenue dedicated amounts to the Texas Commission on Environmental Quality; (3) $381,705 from the general revenue fund, an additional $17,699 from general revenue dedicated amounts, and $1,937,066 in federal funds is appropriated to the Texas Workforce Commission; (4) $958,928 from the state highway fund to the Texas Department of Transportation; (5) $1,881,572 from general revenue dedicated amounts to the Parks and Wildlife Department; (6) $280,004 to the Texas State Library and Archives Commission; (7) $725,426 to the secretary of state; (8) $1,283,643 from the general revenue fund, $136,277 from other appropriated funds, and $778,098 from federal funds is appropriated to the Texas Education Agency; (9) $552,478 from the general revenue fund, $590,858 from other appropriated funds, and $10,995 from federal funds is appropriated to the Texas Higher Education Coordinating Board; (10) $519,429 to the Public Utility Commission of Texas; (11) $78,920 from the general revenue fund, $1,262,720 from general revenue dedicated amounts, and $2,604,360 in other appropriated funds is appropriated to the General Land Office; (12) $1,341,008 to the Office of the Attorney General; (13) $59,907 to the Texas Alcoholic Beverage Commission; (14) $113,978 to the Texas Department of Licensing and Regulation; and (16) $839,500 to the Texas Youth Commission.
(b) Provides that $8,081,368 is appropriated out of the general revenue fund to the Department of Information Resources (DIR) for the purpose of transferring funds to state agencies as necessary for use by the agencies in making payments for data center services.
(c) Provides that $69,355,000 is appropriated, in addition to the amounts previously approatped for the state fiscal biennium ending August 31, 2007, for the two-year period beginning on the effective date of this Act, and $10,000,000, is appropriated, in addition to the amounts previously appropriated for the state fiscal biennium ending August 31, 2009, for that year, to DIR for the purpose of paying one-time costs related to the data services contract.
(d) Provides that appropriations out of the general revenue fund are reduced by $221,782, that appropriations out of general revenue dedicated accounts are reduced by $58,608, and appropriations out of other funds are reduced by $88,412, to the Employees Retirement System for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased retirement program costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(e) Provides that appropriations out of the general revenue fund are reduced by $487,921, that appropriations out of general revenue dedicated accounts are reduced by $128,937, and appropriations out of other funds are reduced by $194,507, to the Employees Retirement System for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased insurance program costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(f) Provides that appropriations out of the general revenue fund are reduced by $263,044, that appropriations out of general revenue dedicated accounts are reduced by $69,511, and appropriations out of other funds are reduced by $104,861, to the comptroller for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased social security costs due to the implementation of Chapter 1068, Acts of the 79th Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(g) Provides that appropriations out of the general revenue fund are reduced by $140,729, that appropriations out of general revenue dedicated accounts are reduced by $37,189, and appropriations out of other funds are reduced by $56,101, for appropriations to the comptroller as provided by Section 13.17(b), Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session , 2005 (the General Appropriations Act) for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased salary costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(h) Provides that appropriations out of the general revenue fund are reduced by $912,610, that appropriations out of general revenue dedicated accounts are reduced by $1,153,023, to the Texas Department of Insurance for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(i) Provides that appropriations out of the general revenue fund are reduced by $2,192,309, that appropriations out of general revenue dedicated accounts are reduced by $371,007, to DFPS for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(j) Provides that appropriations out of the general revenue fund are reduced by $83,250, that appropriations out of general revenue dedicated accounts are reduced by $141,750, to the Department of Public Safety for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(k) Provides that appropriations out of the general revenue fund are reduced by $997,767, that appropriations out of general revenue dedicated accounts are reduced by $40,066, and appropriations out of other funds are reduced by $336,433, for appropriations to the Texas Building and Procurement Commission for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased salary costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(l) Provides that appropriations out of the general revenue fund are reduced by $352,798, that appropriations from federal funds are reduced by $1,031,167, for appropriations to the Department of Agriculture for the state fiscal year ending August 31, 2007, for the purpose of reflecting decreased salary costs due to the implementation of Chapter 1068, Acts of the 79ths Legislature, Regular Session, 2005 (H.B. 1516, regarding DIR's management of state electronic services).
(m) Requires the comptroller, with the assistance of the agency affected by this section and that is under circumstances in which more than one of the agency's general revenue dedicated accounts or source of other funds is involved, to allocate the appropriation or reduction in appropriations among the dedicated amounts or sources of other funds according to the amounts available in the affected accounts or from the sources of other funds and the extent to which the programs supported by the dedicated accounts or sources of other funds are supported by the appropriations, or supported by the implementation of H.B. 1516 in case of a reduction in appropriations.
SECTION 29. PREVIOUSLY AUTHORIZED DEFERRALS OF AUGUST 2007 PAYMENTS. (a) Repealer: Rider 66 (Home and Community-Based Services (HCS) Waiver Program), following the appropriations to the HHSC, Rider 21 (Payment of August 2007 Payments for MR Community Services), following the appropriations to DADS; (3) Rider 48 (Payment of August 2007 Payments), following the appropriations to DADS; (4) Rider 25 (Payment of August 2007 Foster Care Payments), following the appropriations to DFPS.
(b) Provides that the unencumbered amount of $122,701,559 in general revenue appropriated to HHSC for the state fiscal biennium ending August 31, 2007, is transferred to DADS for expenditure by DADS in connection with making payments for August 2007 services, and that unencumbered amounts of $12,792,244 in general revenue and $8,971,488 in federal TANF funds appropriated to HHSC are transferred to DFPS for expenditure by DFPS in making payments for August 2007 services.
SECTION 30. TRANSFERS TO DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES FOR VOCATIONAL REHABILITATION. Provides that the unencumbered amount of $1,541,628 in general revenue appropriated to HHSC for the state fiscal biennium ending August 31, 2007, is transferred to the Department of Assistive and Rehabilitative Services for expenditure by the department during the two-year period beginning on the effective date of this Act for vocational rehabilitation.
SECTION 31. TRANSFERS TO DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES FOR SUPPLEMENTAL NEEDS. Provides that the unencumbered amount of $13,047,000 in general revenue appropriated to HHSC for the state fiscal biennium ending August 31, 2007, together with the amount of $17,883,615 in federal TANF funds appropriated to HHSC for that biennium, are transferred to DFPS for expenditure by DFPS to meet various supplemental needs previously identified by DFPS.
SECTION 32. APPROPRIATION REDUCTION: TEACHER RETIREMENT SYSTEM, TRS-CARE. Provides that the unencumbered appropriations from the general revenue fund appropriated to the Teacher Retirement System (TRS) for use during the state fiscal year ending August 31, 2007, by Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act) under Strategy A.3.1. for TRS (Retiree Health - Supplemental Funds) are reduced by the amount of $76,644,468.
SECTION 33. REDUCTION IN VETOED FUNDS APPROPRIATION. Provides that the appropriations made from general revenue by Section 13.18 (Appropriation of Any Vetoed Funds), Article IX, Chapter 1369, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), are reduced by an amount equal to the cumulative net amount of appropriations made by this Act from the general revenue fund.
SECTION 34. EFFECTIVE DATE. Effective date: immediately.