79R11166 JRD-F


By:  Pitts                                                        H.B. No. 10 

Substitute the following for H.B. No. 10:                                     

By:  Pitts                                                    C.S.H.B. No. 10 


A BILL TO BE ENTITLED
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) $261,800,000 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) $695,000,000 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 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. HEALTH AND HUMAN SERVICES COMMISSION: CHILD PROTECTIVE SERVICES PROGRAM REFORM. The amount of $1,620,933 is appropriated out of the Economic Stabilization Fund and the amount of $1,782,674 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 the purpose of funding the reforms of the Child Protective Services Program. SECTION 5. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES: CHILD PROTECTIVE SERVICES PROGRAM REFORM. (a) The amount of $256,409,442 is appropriated out of the Economic Stabilization Fund and the amount of $61,503,959 in matching federal funds is 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. (b) For the remainder of the state fiscal year ending August 31, 2005, the limitation on the number of full-time equivalent employees (FTEs) prescribed for the predecessor agency of the Department of Family and Protective Services by the General Appropriations Act for that fiscal year is increased by 1,524 for the purpose of addressing the reforms of the Child Protective Services Program. (c) For the state fiscal year beginning September 1, 2005, the limitation on the number of full-time equivalent employees (FTEs) prescribed for the Department of Family and Protective Services by the General Appropriations Act for that fiscal year is increased by 1,524 for the purpose of addressing the reforms of the Child Protective Services Program. (d) For the state fiscal year beginning September 1, 2006, the limitation on the number of full-time equivalent employees (FTEs) prescribed for the Department of Family and Protective Services by the General Appropriations Act for that fiscal year is increased by 1,828 for the purpose of addressing the reforms of the Child Protective Services Program. SECTION 6. DEPARTMENT OF AGING AND DISABILITY SERVICES: CHILD PROTECTIVE SERVICES PROGRAM REFORM. The amount of $2,364,540 is appropriated out of the Economic Stabilization Fund and the amount of $3,645,984 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 reforms of the Child Protective Services Program. SECTION 7. 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 8. 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 9. 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 $31,300,000 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 10. 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 11. TEACHER RETIREMENT SYSTEM OF TEXAS: TRS-CARE RETIREE HEALTH INSURANCE; STATUTORY FUNDS. (a) The amount of $61,677,766 is appropriated out of the Economic Stabilization Fund to the Teacher Retirement System of Texas for the state fiscal year beginning September 1, 2005, for the purpose of providing funding for retiree health-statutory funds (health care for public education retirees funded by statutory formula). (b) The amount of $61,677,766 is appropriated out of the Economic Stabilization Fund to the Teacher Retirement System of Texas for use, before the expiration of the two-year period beginning on the effective date of this Act, during the state fiscal year beginning September 1, 2006, for the purpose of providing funding for retiree health-statutory funds (health care for public education retirees funded by statutory formula). SECTION 12. TEACHER RETIREMENT SYSTEM OF TEXAS: TRS-CARE RETIREE HEALTH INSURANCE; SUPPLEMENTAL FUNDS. The amount of $76,644,468 is appropriated out of the Economic Stabilization Fund to the Teacher Retirement System of Texas for the state fiscal year beginning September 1, 2005, for the purpose of providing funding for retiree health-supplemental funds (health care for public education retirees funded by supplemental state funds). SECTION 13. 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 $2,112,000 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 14. 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 15. TEXAS EDUCATION AGENCY: TEXTBOOKS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2005, the amount of $30,000,000 is appropriated out of the Economic Stabilization Fund and the amount of $145,000,000 is appropriated out of the general revenue 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 16. TEXAS EDUCATION AGENCY: INCREASE IN SCHOOL FACILITIES FUNDING. (a) The amount of $90,000,000 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for the state fiscal year beginning September 1, 2005, for the purpose of funding an increase in the allotment to school districts for assistance with payment of existing debt under Subchapter B, Chapter 46, Education Code. (b) The amount of $110,000,000 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for use, before the expiration of the two-year period beginning on the effective date of this Act, during the state fiscal year beginning September 1, 2006, for the purpose of funding an increase in the instructional facilities allotment to school districts for school facilities under Subchapter A, Chapter 46, Education Code, and the allotment to school districts for assistance with payment of existing debt under Subchapter B, Chapter 46, Education Code. SECTION 17. TEXAS EDUCATION AGENCY: TEXTBOOK CONTINUING CONTRACTS. The amount of $182,000,000 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for the state fiscal year beginning September 1, 2005, for the purpose of funding the purchase of textbooks under continuing contracts. SECTION 18. TEXAS EDUCATION AGENCY: PREKINDERGARTEN AND KINDERGARTEN PROGRAM. (a) The amount of $88,938,750 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for the state fiscal year beginning September 1, 2005, for the purpose of funding kindergarten and prekindergarten grants under Section 29.155, Education Code. (b) The amount of $88,938,750 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for use, before the expiration of the two-year period beginning on the effective date of this Act, during the state fiscal year beginning September 1, 2006, for the purpose of funding kindergarten and prekindergarten grants under Section 29.155, Education Code. SECTION 19. TEXAS EDUCATION AGENCY: STUDENT SUCCESS INITIATIVE. (a) The amount of $87,778,569 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for the state fiscal year beginning September 1, 2005, for the purpose of funding the student success initiative. (b) The amount of $87,778,569 is appropriated out of the Economic Stabilization Fund to the Texas Education Agency for use, before the expiration of the two-year period beginning on the effective date of this Act, during the state fiscal year beginning September 1, 2006, for the purpose of funding the student success initiative. SECTION 20. 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 21. 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 22. 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 23. 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 24. 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 25. APPROPRIATION OF CERTAIN UNEXPENDED BALANCES. Any 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, that are unencumbered and unexpended on the effective date of this Act, including the amount of $180,472,802 in federal funds for state fiscal relief held in the general revenue fund, $24,425,786 resulting from items of appropriation made by the 78th Legislature that were vetoed under Section 14, Article IV, Texas Constitution, and held in the general revenue fund, and $2,150,657 resulting from items of appropriation made by the 78th Legislature that were vetoed under Section 14, Article IV, Texas Constitution, and held in the general revenue fund as general revenue dedicated money, are appropriated for the two-year period beginning on the effective date of this Act for the purposes and in accordance with the procedures prescribed by 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. SECTION 26. 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 27. 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 28. 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 29. 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 30. 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 31. 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 32. 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 33. 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 34. 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 35. EFFECTIVE DATE. This Act takes effect immediately.