By:  Pitts, Denny (Senate Sponsor - Ogden)                        H.B. No. 10 
	(In the Senate - Received from the House April 11, 2005; 
April 12, 2005, read first time and referred to Committee on 
Finance; May 21, 2005, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 10, Nays 1; 
May 21, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 10                                     By:  Ogden

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) $471,800,000 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) $1,010,000,000 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. 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 $7,300,000 is appropriated out of the general revenue fund and the amount of $2,900,000 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 $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 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 $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 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 $31,300,000 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 8. TEACHER RETIREMENT SYSTEM: ADDITIONAL APPROPRIATION FOR RETIREMENT CONTRIBUTIONS. In addition to the estimated amounts appropriated for the following purpose by any other Act of the 79th Legislature, Regular Session, 2005, that becomes law, the additional sum certain amount of $100,000,000 is appropriated out of the general revenue fund to the Teacher Retirement System for the state fiscal biennium beginning September 1, 2005, for the purpose of making retirement contributions for public education employees. 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 $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 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 $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 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. APPROPRIATION FOR HIGHER EDUCATION FUND. (a) In addition to amounts otherwise appropriated for deposit into the Higher Education Fund during the state fiscal biennium beginning September 1, 2005, the amounts described by Subsection (b) of this section are appropriated out of the Economic Stabilization Fund during the state fiscal biennium beginning September 1, 2005, for deposit into the Higher Education Fund for use in accordance with Section 17(i), Article VII, Texas Constitution. (b) The amount appropriated under Subsection (a) of this section is the amount, not to exceed $100 million, by which the actual amounts transferred to the Economic Stabilization Fund during the state fiscal biennium beginning September 1, 2005, exceed the amounts that the comptroller estimated would be transferred to that fund during that biennium. The estimate described by this subsection is the estimate made by the comptroller under Subsection (h), Section 49-g, Article III, Texas Constitution. 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 APPROPRIATION: HOUSE BILL 2. Contingent on the enactment of House Bill 2 or similar legislation relating to the public school finance system by the 79th Legislature, Regular Session, 2005, that becomes law, the amount of general revenue funds appropriated by the 79th Legislature, Regular Session, 2005, for the state fiscal biennium beginning September 1, 2005, for the operation of local school districts is increased by $2,400,000,000 to implement the provisions of the legislation that contemplate an increase in the amount of total state revenue provided for the operation of local school districts. 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. GENERAL CONTINGENCY APPROPRIATION REDUCTION. (a) This section applies only in relation to appropriations made by this Act specifically for the state fiscal biennium beginning September 1, 2005, specifically for the state fiscal year beginning September 1, 2005, and specifically for the state fiscal year beginning September 1, 2006. (b) If, without considering the contingency reductions made under this section, the sum total amount of the appropriations described by Subsection (a) of this section and made by this Act out of the general revenue fund and general revenue dedicated accounts exceeds the amount estimated by the Comptroller, pursuant to Section 49a, Article III, Texas Constitution, to be available in the affected fund and accounts during the state fiscal biennium beginning September 1, 2005, then all appropriations made by this Act out of the general revenue fund and general revenue dedicated accounts for the applicable periods described by Subsection (a) of this section are hereby automatically reduced on a pro-rata basis by the amount necessary, if any, to bring the total amount appropriated by this Act for those periods out of the general revenue fund and general revenue dedicated accounts to within the revenue estimated by the Comptroller, pursuant to Section 49a, Article III, Texas Constitution, to be available in the affected fund and accounts during the state fiscal biennium beginning September 1, 2005. SECTION 29. 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 30. 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 31. EFFECTIVE DATE. This Act takes effect immediately.
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