HBA-MSH, CCH H.B. 1333 77(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 1333
By: Junell
Appropriations
8/28/2001
Enrolled



BACKGROUND AND PURPOSE 

Each legislative session, state agencies project the costs of fulfilling
their functions and providing important services. The greater portion of
the state's general revenue budget is based on projected public school
enrollment, caseloads in the Medicaid program, and the prison population.
Actual caseloads in Medicaid and the prison population exceeded projections
made during the 76th legislative session and several other agencies needed
additional funding as well.  House Bill 1333 transfers unencumbered amounts
to provide emergency appropriations to the Texas Department of Health,
Texas Department of Criminal Justice, and the State Office of Risk
Management.  The bill also provides additional funding to other state
agencies.  

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1333 transfers unencumbered amounts that were appropriated in
the General Appropriations Act by the 76th Legislature from the general
revenue fund to certain agencies  totaling $333,777,000 to the Texas
Department of Health (TDH) for the state Medicaid program in the following
amounts: 

 _$154,700,000 from various agencies identified by the comptroller of
public accounts; 
 
_$10,200,000 from the Texas Education Agency (TEA) for student success;

 _$100,000,000 from TEA for the Foundation School Program;
 
 _$2,000,000 from the Texas Public Finance Authority (TPFA), appropriated
in Article  II of the General Appropriations Act; 
 
 _$14,000,000 from TPFA for bond debt service, appropriated in Article V of
the General Appropriations Act;  
 
 _$2,000,000 from the State Soil and Water Conservation Board (SSWCB) for
financial and technical assistance; 
 
 _$400,000 from SSWCB for pollution abatements;
 
 _$500,000 from the Texas Historical Commission (THC) for archeological
protection; 
 
 _$500,000 from THC for the evaluation and interpretation of resources;
 
 _$478,000 from The University of Texas at Austin for the TxPharm program;
 
  _$549,000 from Texas Southern University for the TxPharm program;
 
 _$460,000 from the University of Houston for the TxPharm program;
 
 _$39,000,000 from the Texas Higher Education Coordinating Board for Texas
EXcellence, Access and Success (TEXAS) grants; 
 
 _$1,100,000 from TEA for support programs; 
 
 _$8,000,000 from TEA for improving educator performance;

 _$2,790,000 from the General Services Commission (GSC) for property
acquisition, repair, and renovation; and 

 _$1,100,000 from GSC for computer acquisition. 
 
House Bill 1333 appropriates $92,300,000 from the suspense account of the
comptroller of public accounts to TDH for the purpose of providing Medicaid
services contingent upon the passage of other proposed legislation.  The
bill also provides that the unencumbered amount of $47,500,000 from TEA is
transferred to TDH for the purpose of the Medicaid program.  The bill
appropriates $6,100,000 in earned federal funds from the Rehabilitation
Commission Federal Fund to the TDH for the purposes of providing state
Medicaid services.  The bill appropriates $6,267,000 in earned federal
funds from the general revenue fund to the TDH for the purpose of providing
state Medicaid services. 


The bill provides that the above appropriations may be expended only for
the specified purposes and only if Medicaid expenditures exceed available
revenue because of changes in caseloads and costs or a lower federal match
rate, and TDH has used all revenue available to the Medicaid program,
including but not limited to premium credits and vendor drug rebates.  The
bill also provides that the unexpended balance of funds at the end of the
state fiscal year that ends August 31, 2001 is appropriated to TDH for the
state fiscal year beginning September 1, 2001 for the purpose of the
Medicaid program, but may only be expended with the approval of the
Legislative Budget Board (LBB) (SECTION 1).  

House Bill 1333 transfers a total of $29,819,000 in unencumbered amounts
from various state agencies to the Texas Department of Criminal Justice
(TDCJ).  $30,819,000 of which is for the purpose of providing for
expenditures relating to the operation of additional prison capacity and to
contracts with counties for additional temporary capacity.  The bill
appropriates the remaining $35,700,000 for the purpose of providing for
expenditures relating to correctional officer, sergeant, and food service
and laundry manager career ladder salary adjustments. The bill provides
that the following amounts are transferred to TDCJ: 

 _$33,377,000 from various agencies identified by the comptroller of public
accounts; 
 
 _$1,400,000 from the Texas Natural Resource Conservation Commission
(TNRCC) for water resource assessment and planning; 
 
 _$1,000,000 from the Texas Youth Commission for various purposes;
 
 _$12,800,000 from the Department of Information Resources for Year 2000
Conversion; 
 
 _$6,500,000 from the State Preservation Board for various purposes;
 
 _$5,000,000 from the Comptroller of Public Accounts, Fiscal Programs for
Tort Claims & Federal Court Judgments; and 
 
 _$5,442,000 from TNRCC for various purposes.
  
The bill appropriates $2,781,000 from the criminal justice planning account
and  $41,000,000 from the fugitive apprehension account to TDCJ for the
purpose of providing for expenditures relating to additional prison
capacity and contracts with counties for additional temporary capacity
(SECTION 2). 

The bill appropriates the unencumbered amount of $6,300,000 from the Office
of the Governor to the State Office of Risk Management (SORM) from the
general revenue fund for the purpose of paying higher than expected
workers' compensation claims.  The bill appropriates $6,700,000 originally
derived as interest for the suspense account of the comptroller from the
general revenue fund to the SORM for the purpose of paying higher than
expected workers' compensation claims (SECTION 3). The bill transfers
$600,000 from the GSC to the adjutant general's departments for the purpose
of paying utility costs (SECTION 4).  The bill appropriates $5,442,000 from
the low-level radioactive waste account to TNRCC for any necessary purpose
for which TNRCC received an appropriation from the general revenue fund
(SECTION 5).  The bill transfers the unencumbered amount of $50,000,000
that was appropriated to the Texas Department of Transportation (TxDOT) in
Highway Construction strategy to TxDOT's Plan/Design/Manage strategy for
the purpose of funding planning and design contracts (SECTION 6). 

The bill transfers $1,000,000 from the Office of Court Administration of
the Texas Judicial System to the Department of Protective and Regulatory
Services for the purpose of managing a higher than expected caseload
(SECTION 7).  The bill requires the comptroller to submit to the LBB and
the governor a detailed listing of the appropriations proposed to be
transferred.  The bill authorizes LBB and the governor to modify or reject
the comptroller's proposals (SECTION 8). 

The bill appropriates the following amounts from the general revenue fund
to the listed agencies for the state fiscal year beginning September 1,
2001: 

 _$2,781,000 to the Office of the Governor for the criminal justice
planning account; 
 
 _$13,000,000 to the Office of the Governor for the purpose of making
emergency and deficiency grants and disaster grants; 
 
 _$39,000,000 to the Texas Higher Education Coordinating Board for Texas
Excellence access and success grants; 
 
 _$500,000 to THC for archeological heritage protection;
 
 _$500,000 to THC to evaluate and interpret resources; 
 
 _$6,500,000 to the State Preservation Board for implementing the aims of
the State Preservation Board; 

 _$2,790,000 to GSC for property acquisition, repair, and renovation; 

 _$1,700,000 to GSC for computer acquisition; and

 _ $118,231 to the Texas Natural Resource Conservation Commission for
low-level radioactive waste assessment (SECTION 9). 

The bill authorizes the Texas Department of Economic Development to expend
$4,000,000 from the amount appropriated in connection with the smart jobs
program, for the purpose of awarding grants in communities in this state in
connection with the creation of qualified defense-related jobs (SECTION
10).  

EFFECTIVE DATE

June 13, 2001.