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A JOINT RESOLUTION
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proposing a constitutional amendment to ensure that this state |
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receives the maximum federal funding available under the child |
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health plan program. |
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BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51-a, Article III, Texas Constitution, |
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is amended by adding Subsections (e), (f), (g), (g-1), (h), (h-1), |
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and (i) to read as follows: |
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(e) Out of the first money coming into the treasury in each |
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state fiscal year that is not otherwise appropriated by this |
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constitution, the lesser of the following is appropriated for the |
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administration and operation of the child health plan program |
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authorized by federal law or a successor state-designed health plan |
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program specifically for children that qualifies for federal |
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matching money: |
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(1) the amount necessary to obtain the maximum federal |
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allotment for this state or other available federal matching money |
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under the program; or |
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(2) the amount necessary to establish an income |
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eligibility limit for the program at a net family income, as that |
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term is defined by the legislature, of 300 percent of the federal |
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poverty level. |
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(f) Subsection (e) of this section and this subsection |
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expire on the earlier of: |
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(1) the date both the child health plan program |
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authorized by federal law and any successor state-designed health |
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plan program specifically for children that qualifies for federal |
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matching money have terminated; or |
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(2) September 1, 2023. |
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(g) Notwithstanding the appropriation required by |
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Subsection (e) of this section, out of the first money coming into |
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the treasury in each of the state fiscal years beginning September |
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1, 2011, and September 1, 2012, that is not otherwise appropriated |
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by this constitution, the lesser of the following is appropriated |
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for the administration and operation of the child health plan |
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program authorized by federal law or a successor state-designed |
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health plan program specifically for children that qualifies for |
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federal matching money instead of the appropriation required by |
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Subsection (e) of this section: |
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(1) the amount necessary to obtain the maximum federal |
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allotment for this state or other available federal matching money |
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under the program; or |
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(2) the amount necessary to establish an income |
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eligibility limit for the program at a net family income, as that |
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term is defined by the legislature, of 250 percent of the federal |
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poverty level. |
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(g-1) Subsection (g) of this section and this subsection |
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expire on the earlier of: |
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(1) the date both the child health plan program |
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authorized by federal law and any successor state-designed health |
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plan program specifically for children that qualifies for federal |
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matching money have terminated; or |
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(2) September 1, 2013. |
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(h) Notwithstanding the appropriation required by |
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Subsection (e) of this section, out of the first money coming into |
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the treasury in the state fiscal year beginning September 1, 2010, |
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that is not otherwise appropriated by this constitution, the lesser |
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of the following is appropriated for the administration and |
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operation of the child health plan program authorized by federal |
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law or a successor state-designed health plan program specifically |
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for children that qualifies for federal matching money instead of |
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the appropriation required by Subsection (e) of this section: |
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(1) the amount necessary to obtain the maximum federal |
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allotment for this state or other available federal matching money |
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under the program; or |
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(2) the amount necessary to maintain an income |
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eligibility limit for the program at a net family income, as that |
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term is defined by the legislature, of 200 percent of the federal |
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poverty level. |
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(h-1) Subsection (h) of this section and this subsection |
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expire on the earlier of: |
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(1) the date both the child health plan program |
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authorized by federal law and any successor state-designed health |
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plan program specifically for children that qualifies for federal |
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matching money have terminated; or |
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(2) September 1, 2011. |
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(i) Subsections (e), (f), (g), and (h) of this section do |
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not affect the authority of the legislature to appropriate |
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additional money for the administration and operation of the child |
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health plan program authorized by federal law or a successor |
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state-designed health plan program specifically for children that |
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qualifies for federal matching money. |
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SECTION 2. This proposed constitutional amendment shall be |
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submitted to the voters at an election to be held November 3, 2009. |
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The ballot shall be printed to provide for voting for or against the |
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proposition: "The constitutional amendment to ensure that this |
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state receives the maximum federal funding available under the |
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child health plan program (CHIP)." |