81R7194 KLA-D

By: Watson S.J.R. No. 21

A JOINT RESOLUTION

proposing a constitutional amendment to ensure that this state receives the maximum federal funding available under the child health plan program.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 51-a, Article III, Texas Constitution, is amended by adding Subsections (e), (f), (g), (g-1), (h), (h-1), and (i) to read as follows:

(e) Out of the first money coming into the treasury in each state fiscal year that is not otherwise appropriated by this constitution, the lesser of the following is appropriated for the administration and operation of the child health plan program authorized by federal law or a successor state-designed health plan program specifically for children that qualifies for federal matching money:

(1) the amount necessary to obtain the maximum federal allotment for this state or other available federal matching money under the program; or

(2) the amount necessary to establish an income eligibility limit for the program at a net family income, as that term is defined by the legislature, of 300 percent of the federal poverty level.

(f) Subsection (e) of this section and this subsection expire on the earlier of:

(1) the date both the child health plan program authorized by federal law and any successor state-designed health plan program specifically for children that qualifies for federal matching money have terminated; or

(2) September 1, 2023.

(g) Notwithstanding the appropriation required by Subsection (e) of this section, out of the first money coming into the treasury in each of the state fiscal years beginning September 1, 2011, and September 1, 2012, that is not otherwise appropriated by this constitution, the lesser of the following is appropriated for the administration and operation of the child health plan program authorized by federal law or a successor state-designed health plan program specifically for children that qualifies for federal matching money instead of the appropriation required by Subsection (e) of this section:

(1) the amount necessary to obtain the maximum federal allotment for this state or other available federal matching money under the program; or

(2) the amount necessary to establish an income eligibility limit for the program at a net family income, as that term is defined by the legislature, of 250 percent of the federal poverty level.

(g-1) Subsection (g) of this section and this subsection expire on the earlier of:

(1) the date both the child health plan program authorized by federal law and any successor state-designed health plan program specifically for children that qualifies for federal matching money have terminated; or

(2) September 1, 2013.

(h) Notwithstanding the appropriation required by Subsection (e) of this section, out of the first money coming into the treasury in the state fiscal year beginning September 1, 2010, that is not otherwise appropriated by this constitution, the lesser of the following is appropriated for the administration and operation of the child health plan program authorized by federal law or a successor state-designed health plan program specifically for children that qualifies for federal matching money instead of the appropriation required by Subsection (e) of this section:

(1) the amount necessary to obtain the maximum federal allotment for this state or other available federal matching money under the program; or

(2) the amount necessary to maintain an income eligibility limit for the program at a net family income, as that term is defined by the legislature, of 200 percent of the federal poverty level.

(h-1) Subsection (h) of this section and this subsection expire on the earlier of:

(1) the date both the child health plan program authorized by federal law and any successor state-designed health plan program specifically for children that qualifies for federal matching money have terminated; or

(2) September 1, 2011.

(i) Subsections (e), (f), (g), and (h) of this section do not affect the authority of the legislature to appropriate additional money for the administration and operation of the child health plan program authorized by federal law or a successor state-designed health plan program specifically for children that qualifies for federal matching money.

SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held November 3, 2009. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment to ensure that this state receives the maximum federal funding available under the child health plan program (CHIP)."