H.B. No. 10
AN ACT
relating to making supplemental appropriations and reductions in
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. HEALTH AND HUMAN SERVICES COMMISSION: HIGHER
THAN EXPECTED MEDICAID COSTS. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the following amounts are appropriated to the Health and
Human Services Commission for the two-year period beginning on the
effective date of this Act for the purpose of providing services
under the state Medicaid program, including making supplemental
hospital payments and restoring eligibility for Medicaid benefits
to pregnant women with incomes of up to 185 percent of the federal
poverty level:
(1) $121,800,000 is appropriated out of the general
revenue fund;
(2) $92,400,000 is appropriated out of the Economic
Stabilization Fund;
(3) $40,000,000 in balances and available revenues is
appropriated out of General Revenue Dedicated Account No. 5080 (the
Quality Assurance Fund);
(4) $69,100,000 in appropriated receipts match for
Medicaid is appropriated; and
(5) $485,000,000 in matching federal funds is
appropriated.
(b) The amounts appropriated by Subsection (a) of this
section may be expended only if the Health and Human Services
Commission has used all revenue available to the Medicaid program,
including but not limited to premium credits and vendor drug
rebates.
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION:
CHILDREN'S HEALTH INSURANCE PROGRAM. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the following amounts are appropriated to the Health and
Human Services Commission for the two-year period beginning on the
effective date of this Act for the purpose of providing services
related to the Children's Health Insurance Program:
(1) $65,700,000 is appropriated out of the general
revenue fund; and
(2) $168,900,000 in matching federal funds is
appropriated.
SECTION 3. HEALTH AND HUMAN SERVICES COMMISSION: VARIOUS
PROGRAMS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$85,600,000 is appropriated out of the general revenue fund and the
amount of $128,400,000 in matching federal funds is appropriated to
the Health and Human Services Commission for the two-year period
beginning on the effective date of this Act for any necessary
purposes for which:
(1) the commission received an appropriation out of
the general revenue fund for all or part of the state fiscal
biennium ending August 31, 2005; or
(2) a health and human services agency received an
appropriation out of the general revenue fund for all or part of the
state fiscal biennium ending August 31, 2005, if the commission is
now authorized or required by law to spend money for those purposes.
SECTION 4. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
CHILD PROTECTIVE SERVICES PROGRAM REFORM. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the following amounts are appropriated to the Department
of Family and Protective Services for the two-year period beginning
on the effective date of this Act for the purpose of funding the
reforms of the Child Protective Services Program:
(1) the amount of $200,039,844 is appropriated out of
the Economic Stabilization Fund and the amount of $48,060,705 in
matching federal funds is appropriated; and
(2) the amount of $7,300,000 is appropriated out of
the general revenue fund and the additional amount of $2,900,000 in
matching federal funds is appropriated.
SECTION 5. DEPARTMENT OF AGING AND DISABILITY SERVICES:
PAYMENTS FOR AUGUST 2005 NURSING FACILITY AND MENTAL RETARDATION
COMMUNITY CENTER SERVICES. The amount of $62,200,000 is
appropriated out of the general revenue fund and the amount of
$85,800,000 in matching federal funds is appropriated to the
Department of Aging and Disability Services to make payments for
nursing facility services and mental retardation community center
services delivered in August 2005.
SECTION 6. DEPARTMENT OF AGING AND DISABILITY SERVICES:
COMMUNITY CARE CASELOAD AND COSTS. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $22,300,000 is appropriated out of the
general revenue fund and the amount of $33,500,000 in matching
federal funds is appropriated to the Department of Aging and
Disability Services for the two-year period beginning on the
effective date of this Act for the purpose of funding the Community
Care Caseload and Costs.
SECTION 7. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
OPERATIONS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$15,900,000 is appropriated out of the general revenue fund to the
Texas Department of Criminal Justice for the two-year period
beginning on the effective date of this Act for the purpose of
providing for contracted temporary capacity, salaries and wages,
utilities, and fuel.
SECTION 8. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
CORRECTIONAL MANAGED HEALTH CARE. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $66,300,000 is appropriated out of the
general revenue fund to the Texas Department of Criminal Justice
for the two-year period beginning on the effective date of this Act
for the purpose of providing for correctional managed health care.
SECTION 9. TEACHER RETIREMENT SYSTEM OF TEXAS: EMPLOYEE
PASS-THROUGH. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2005, the amount of
$30,700,000 is appropriated out of the Economic Stabilization Fund
to the Teacher Retirement System of Texas for the two-year period
beginning on the effective date of this Act for the purpose of
funding the employee pass-through program.
SECTION 10. TEXAS EDUCATION AGENCY: JUVENILE JUSTICE
ALTERNATIVE EDUCATION PROGRAM. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2005,
the amount of $400,000 is appropriated out of General Revenue
Account No. 193 (the Foundation School Fund) to the Texas Education
Agency for the two-year period beginning on the effective date of
this Act for the purpose of funding the juvenile justice
alternative education program through an interagency agreement
with the Texas Juvenile Probation Commission.
SECTION 11. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL
PROGRAM. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$560,000,000 is appropriated out of the Economic Stabilization Fund
to the Texas Education Agency for the two-year period beginning on
the effective date of this Act for the purpose of funding the
Foundation School Program.
SECTION 12. TEXAS EDUCATION AGENCY: TEXTBOOKS. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $175,000,000 is
appropriated out of the Economic Stabilization Fund to the Texas
Education Agency for the two-year period beginning on the effective
date of this Act for the purpose of funding the purchase of
textbooks.
SECTION 13. STATE BOARD FOR EDUCATOR CERTIFICATION:
CERTIFICATION EXAMINATION. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2005,
the amount of $1,900,000 is appropriated out of the general revenue
fund to the State Board for Educator Certification for the two-year
period beginning on the effective date of this Act for the purpose
of funding administration of the board's certification
examination.
SECTION 14. SECRETARY OF STATE: HELP AMERICA VOTE ACT. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $1,500,000 is
appropriated out of the general revenue fund to the secretary of
state for the two-year period beginning on the effective date of
this Act to be transferred to General Revenue Dedicated Account No.
5095 (the Election Improvement Fund) and used for the purpose of
funding the state matching contribution for the Help America Vote
Act.
SECTION 15. PARKS AND WILDLIFE DEPARTMENT: SAN JACINTO
MONUMENT. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2005, the amount of
$2,140,000 is appropriated out of the general revenue fund to the
Parks and Wildlife Department for the two-year period beginning on
the effective date of this Act for the purpose of funding repairs to
the San Jacinto Monument.
SECTION 16. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
PETROLEUM STORAGE TANK SHORTFALL. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2005, the amount of $25,000,000 is appropriated out of General
Revenue Dedicated Account No. 655 (the Petroleum Storage Tank
Remediation Account) to the Texas Commission on Environment Quality
for the two-year period beginning on the effective date of this Act
for the purpose of funding cleanup of remediation sites
contaminated by petroleum storage tanks.
SECTION 17. CONTINGENCY APPROPRIATION: HOUSE BILL 1765
(EMERGING TECHNOLOGY FUND). (a) The appropriations made by this
section are contingent on the enactment by the 79th Legislature,
Regular Session, 2005, of H.B. No. 1765 or similar legislation that
becomes law relating to funding emerging technology industries
through a Texas Emerging Technology Fund administered as a trusteed
program within the office of the governor.
(b) If the actual amounts transferred to the Economic
Stabilization Fund during the state fiscal biennium beginning
September 1, 2005, exceed the amount that the comptroller estimated
would be transferred to the Economic Stabilization Fund during that
biennium, then the first $100,000,000 by which the amounts
transferred to the Economic Stabilization Fund during the state
fiscal biennium exceed the amount of the comptroller's estimate is
appropriated out of the Economic Stabilization Fund during the
state fiscal biennium beginning September 1, 2005, to the trusteed
program within the office of the governor described by Subsection
(a) of this section for deposit into the Texas Emerging Technology
Fund in accordance with the legislation creating the technology
fund and is appropriated for the biennium for expenditure for the
purposes and under the procedures prescribed by the legislation
creating the technology fund. The comptroller's estimate described
by this subsection is the estimate made by the comptroller under
Subsection (h), Section 49-g, Article III, Texas Constitution.
(c) The amount of $100,000,000 is appropriated out of the
general revenue fund, for the two-year period beginning on the
later of the effective date of this Act or the effective date of the
legislation described by Subsection (a) of this section, to the
trusteed program within the office of the governor described by
Subsection (a) of this section for deposit into the Texas Emerging
Technology Fund in accordance with the legislation creating the
technology fund and is appropriated for expenditure for the
purposes and under the procedures prescribed by that legislation.
SECTION 18. PARTIAL RESTORATION OF APPROPRIATION REDUCTION
FOR PROPERTY SALES. (a) The purpose of this section is to restore a
portion of the reduction in appropriations made by Section
12.04(d), Article IX, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), to agencies
and institutions that on August 31, 2003, owned real property
purchased with general revenue or general revenue dedicated funds
and that had appropriations reduced under Section 12.04(d) by an
aggregate total of $97,000,000 for the state fiscal biennium ending
August 31, 2005.
(b) The amount of $78,928,959 is appropriated out of the
general revenue fund to the agencies and institutions described by
Subsection (a) of this section for the two-year period beginning on
the effective date of this Act for the purpose described by
Subsection (a) of this section. An agency or institution that
receives a portion of the amount appropriated by this section under
Subsection (c) of this section may spend the amount received for the
purposes for which the agency or institution was authorized to
spend the appropriation that was reduced.
(c) The governor and the Legislative Budget Board, taking
into account the reductions and distributions made under Section
12.04(d), Article IX, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), shall
allocate the amount appropriated by this section among the agencies
and institutions described by Subsection (a) of this section.
SECTION 19. CONTINGENCY APPROPRIATIONS: HOUSE BILL 2; HOUSE
BILL 3; HOUSE BILL 3540; SENATE BILL 1863. (a) Contingent on H.B.
No. 2 or similar legislation relating to the public school finance
system being enacted by the 79th Legislature, Regular Session,
2005, and becoming law and contingent on H.B. No. 3540 or similar
legislation and S.B. No. 1863 or similar legislation relating to
certain fiscal matters affecting governmental entities being
enacted by the 79th Legislature, Regular Session, 2005, and
becoming law, in addition to other amounts appropriated by the 79th
Legislature, Regular Session, 2005, for the Foundation School
Program:
(1) the additional amount of $872,000,000 is
appropriated out of the Economic Stabilization Fund and the
additional amount of $1,528,000,000 is appropriated out of the
general revenue fund to the Texas Education Agency for the state
fiscal biennium beginning September 1, 2005, to implement the
provisions of H.B. No. 2 or of that similar legislation that
contemplate an increase in the amount of total state revenue
provided under the Foundation School Program for the operation of
school districts; and
(2) contingent on H.B. No. 3 or similar legislation
relating to the financing of public schools and property tax relief
being enacted by the 79th Legislature, Regular Session, 2005, and
becoming law, all the additional state revenue that is received
during the state fiscal biennium beginning September 1, 2005, that
as estimated by the comptroller is attributable to changes in law
made by H.B. No. 3 or by that similar legislation and that may be
spent for the purposes of the Foundation School Program is
appropriated to the Texas Education Agency for the period and for
the purpose described by Subdivision (1) of this subsection.
(b)(1) As an alternative to the appropriation made under
Subsection (a) of this section, contingent on H.B. No. 2 or similar
legislation by the 79th Legislature, Regular Session, 2005,
relating to the public school finance system not being enacted and
becoming law, the following amounts, totaling $872,000,000, are
appropriated out of the Economic Stabilization Fund for the state
fiscal biennium beginning September 1, 2005, for the following
purposes:
(A) the amount of $164,600,000 is appropriated to
the Texas Education Agency for the purchase of textbooks and
related continuing contracts;
(B) the amount of $265,300,000 is appropriated to
the Department of Family and Protective Services to provide
reimbursements for the care and treatment of children who have been
placed in foster homes or residential treatment facilities as a
result of abuse or neglect allegations;
(C) the amount of $126,000,000 is appropriated to
the Department of Family and Protective Services to provide
adoption subsidy payments for families that adopt children with
disabilities, school-age children, minority children, and children
in sibling groups; and
(D) the amount of $316,100,000 is appropriated to
the Texas Education Agency for the Student Success Initiative.
(2) Contingent on the alternative appropriations
under Subdivision (1) of this subsection being made, appropriations
made by S.B. No. 1, 79th Legislature, Regular Session, 2005 (the
General Appropriations Act) from the general revenue fund, general
revenue dedicated accounts, and general revenue-related funds for
the purposes described by Subdivision (1) of this subsection are
reduced by the amounts by which appropriations for the
corresponding purpose are made under Subdivision (1) of this
subsection.
(c) In the event that the contingent appropriations under
Subsection (a) of this section are made, the Texas Education
Agency:
(1) shall develop a plan to expend the appropriations
in accordance with H.B. No. 2 or similar legislation that includes
making adjustments to strategies, methods of finance, performance
measures, and riders as necessary to implement the legislation; and
(2) in accordance with Section 69, Article XVI, Texas
Constitution, may not expend the appropriations made under
Subsection (a) of this section without the prior approval of the
governor and the Legislative Budget Board.
SECTION 20. APPROPRIATIONS REDUCTION: CERTAIN UNEXPENDED
BALANCES. The unencumbered amounts appropriated under Section
11.28, Article IX, Chapter 1330, Acts of the 78th Legislature,
Regular Session, 2003 (the General Appropriations Act), as amended
by Article 5, Chapter 10, Acts of the 78th Legislature, 3rd Called
Session, 2003, are reduced as follows:
(1) the amount of federal funds appropriated by
Section 11.28, as amended, for state fiscal relief and held in the
general revenue fund is reduced by $180,472,802;
(2) the amount appropriated by Section 11.28, as
amended, that resulted from items of appropriation made by the 78th
Legislature that were vetoed under Section 14, Article IV, Texas
Constitution, and that is held in the undedicated portion of the
general revenue fund is reduced by $24,425,786; and
(3) the amount appropriated by Section 11.28, as
amended, that resulted from items of appropriation made by the 78th
Legislature that were vetoed under Section 14, Article IV, Texas
Constitution, and that is held in the general revenue fund as
general revenue dedicated money is reduced by $2,150,657.
SECTION 21. SALARIES: NINTH COURT OF APPEALS, BEAUMONT;
APPROPRIATIONS REDUCTION: TENTH COURT OF APPEALS, WACO. (a) In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2005, the amount of $36,000 is
appropriated out of the general revenue fund to the Ninth Court of
Appeals, Beaumont, for the two-year period beginning on the
effective date of this Act for the purpose of funding salaries.
(b) The unencumbered amounts previously appropriated for
the state fiscal biennium ending August 31, 2005, from the general
revenue fund to the Tenth Court of Appeals, Waco, are reduced by
$36,000.
SECTION 22. APPROPRIATIONS REDUCTION: TEXAS PUBLIC FINANCE
AUTHORITY. The unencumbered amount of general revenue funds
appropriated to the Texas Public Finance Authority to be used for
general obligation bond debt service during the state fiscal
biennium ending August 31, 2005, is reduced by $17,500,000.
SECTION 23. APPROPRIATIONS REDUCTION: DEPARTMENT OF AGING
AND DISABILITY SERVICES. The unencumbered amount of general
revenue dedicated funds appropriated to the Department of Aging and
Disability Services from General Revenue Dedicated Account No. 543
(the Texas Capital Trust Fund) for use during the state fiscal
biennium ending August 31, 2005, is reduced by $1,943,939. The
department shall identify the strategies and objectives out of
which the reductions in unencumbered amounts are to be made.
SECTION 24. APPROPRIATIONS REDUCTION: TEXAS LOTTERY
COMMISSION. The unencumbered amount of general revenue dedicated
funds appropriated to the Texas Lottery Commission from General
Revenue Dedicated Account No. 5025 (the State Lottery Account) for
use during the state fiscal biennium ending August 31, 2005, is
reduced by $1,690,606. The commission shall identify the
strategies and objectives out of which the reductions in
unencumbered amounts are to be made.
SECTION 25. APPROPRIATIONS REDUCTION: PUBLIC UTILITY
COMMISSION OF TEXAS. The unencumbered amount of general revenue
dedicated funds appropriated to the Public Utility Commission from
General Revenue Dedicated Account No. 5100 (the System Benefit
Fund, previously known as the System Benefit Trust Fund) for use
during the state fiscal biennium ending August 31, 2005, is reduced
by $57,200,000. The commission shall identify the strategies and
objectives out of which the reductions in unencumbered amounts are
to be made.
SECTION 26. APPROPRIATIONS REDUCTION: TEXAS WORKERS'
COMPENSATION COMMISSION. The unencumbered amount of general
revenue dedicated funds appropriated to the Texas Workers'
Compensation Commission from General Revenue Dedicated Account No.
5101 (the Subsequent Injury Fund) for use during the state fiscal
biennium ending August 31, 2005, is reduced by $6,000,000. The
commission shall identify the strategies and objectives out of
which the reductions in unencumbered amounts are to be made.
SECTION 27. APPROPRIATIONS REDUCTION: EMANCIPATION
JUNETEENTH CULTURAL AND HISTORICAL COMMISSION. The amount of
general revenue funds appropriated to the Texas Historical
Commission for the use of the Emancipation Juneteenth Cultural and
Historical Commission during the state fiscal biennium ending
August 31, 2005, is reduced by $415,000.
SECTION 28. REPORTING TO LEGISLATIVE BUDGET BOARD. On
August 1, 2005, and on such other dates as the Legislative Budget
Board considers to be necessary, each entity appropriated money by
this Act and each agency for which an amount of appropriations is
reduced by this Act shall report to the board, in a format specified
by the board, the information requested by the board regarding use
of the money appropriated by this Act or the measures taken to
reduce appropriations as required by this Act.
SECTION 29. ECONOMIC STABILIZATION FUND APPROPRIATIONS.
The provisions of this Act that make appropriations out of the
Economic Stabilization Fund or that make appropriations of matching
federal funds the receipt of which is dependent on an appropriation
out of the Economic Stabilization Fund take effect only if this Act
receives the vote required by Section 49-g, Article III, Texas
Constitution.
SECTION 30. EFFECTIVE DATE. This Act takes effect
immediately.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 10 was passed by the House on April 7,
2005, by the following vote: Yeas 144, Nays 4, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 10 on May 27, 2005, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 10 on May 29, 2005, by the following vote: Yeas 126,
Nays 18, 1 present, not voting; passed subject to the provisions of
Article III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 10 was passed by the Senate, with
amendments, on May 25, 2005, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
10 on May 29, 2005, by the following vote: Yeas 28, Nays 3; passed
subject to the provisions of Article III, Section 49a, of the
Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 10, Regular Session of the 79th Legislature, are within amounts
estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor