79R7519 JRD-F

By:  Pitts                                                        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) $396,300,000 is appropriated out of the general revenue fund; (2) $40,000,000 in balances and available revenues is appropriated out of General Revenue Dedicated Account No. 5080 (the Quality Assurance Fund); (3) $69,100,000 in appropriated receipts match for Medicaid is appropriated; and (4) $898,200,000 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) $68,100,000 is appropriated out of the general revenue fund; and (2) $127,700,000 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 $85,800,000 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. 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 amount of $5,365,000 is appropriated out of the general revenue fund and the amount of $2,926,000 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. SECTION 5. 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 $25,500,000 is appropriated out of the general revenue fund and the amount of $38,300,000 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 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE: OPERATIONS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2005, the amount of $27,400,000 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 7. 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 $31,800,000 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 8. 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 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 general revenue 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: 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 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 Foundation School Program. SECTION 11. TEXAS EDUCATION AGENCY: TEXTBOOKS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2005, the amount of $37,000,000 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 12. TEXAS EDUCATION AGENCY: LEGAL FEE AWARDS. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2005, the amount of $5,275,000 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 payment of legal fees awarded by courts to be paid by the agency. 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. 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 $78,300,000 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 16. 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 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 17. 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 18. 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 19. 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 20. 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 21. 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 22. 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 23. 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 24. EFFECTIVE DATE. This Act takes effect immediately.