HBA-DMH C.S.H.B. 2852 77(R) BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 2852 By: Junell Appropriations 4/17/2001 Committee Report (Substituted) BACKGROUND AND PURPOSE At the conclusion of each biennium, the State of Texas has a number of outstanding claims and judgments against it for varying amounts of money. The claims consist of warrants voided by the statute of limitations, outstanding invoices to private vendors, unpaid charges for Medicaid recipients, or court judgment settlements. These claims require additional appropriations to be made to honor the state's obligations under the law. C.S.H.B. 2852 sets forth sums of money appropriated out of various accounts to pay certain claims and judgments against the State of Texas. 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 C.S.H.B. 2852 sets forth sums of money to be appropriated for payment of itemized claims and judgments plus interest, if any, against the State of Texas and specifies that the money is appropriated from the following state accounts: _the General Revenue Fund No. 0001; _the State Highway Fund No. 0006; _the Operators and Chauffeurs License Fund Account No. 0099; _the Law Enforcement Officer Standards and Education Fund Account No. 0116; _the Federal Adult Blind Fund Account No. 0141; _the Watermaster Administration Fund Account No. 0158; _the Federal Civil Defense and Disaster Relief Fund Account No. 0221; _the General Revenue Compensation to Victims of Crime Fund Account No. 0469; _the Safety Responsibility Trust Account No. 0914; _the Unemployment Compensation Clearance Account Fund No. 0936; and _the Workforce Commission Federal Fund Account No. 5026 (SECTIONS 1-13). Subject to the conditions and restrictions in the Act and provisions stated in the judgments, the bill authorizes and directs the comptroller of public accounts (comptroller) to issue one or more warrants on the state treasury, as soon as possible following the effective date of the Act, in favor of each of the individuals, firms, or corporations named to be paid sums of money appropriated out of various accounts, in an amount not to exceed the amount set opposite their respective names. The bill requires the comptroller to mail or deliver to each of the individuals, firms, or corporations one or more warrants in payment of all claims included in the Act (SECTION 16). The bill requires the amounts appropriated to the Texas Department of Human Services for payments of itemized claims to be drawn out of the General Revenue Fund No. 0001 and from federal funds. The bill requires the comptroller to issue warrants to the Texas Department of Human Services for payment in favor of each of the individuals, firms, or corporations to whom money is being appropriated for payment of claims (SECTIONS 14 and 16). Before any claim or judgment may be paid from money appropriated by the Act, the bill provides that the claim or judgment must be verified and substantiated by the administrator of the special fund or account against which the claim is to be charged and be approved by the attorney general and the comptroller. The bill prohibits any claim or judgment itemized in the Act that has not been verified and substantiated by the administrator of the special fund or account and approved by the attorney general and the comptroller by August 31, 2002, from being paid from money appropriated by the Act. The bill provides that each claim or judgment paid from money appropriated by the Act must contain such information as the comptroller requires, but at a minimum must contain the specific reason for the claim or judgment. If the claim is for a void warrant, the claim must include a specific identification of the goods, services, refund, or other item for which the warrant was originally issued. In addition, it must include a certification by the original payee or the original payee's successor, heirs, or assigns that the debt is still outstanding. The bill provides that if the claim or judgment is for unpaid goods or services, it must be accompanied by an invoice or other acceptable documentation of the unpaid account and any other information that may be required by the comptroller (SECTION 15). EFFECTIVE DATE September 1, 2001. COMPARISON OF ORIGINAL TO SUBSTITUTE C.S.H.B. 2852 differs from the original by specifying the amounts to be appropriated from the General Revenue Fund Account No. 0001 and federal funds to the Texas Department of Human Services, rather than requiring amounts to be drawn out in a manner calculated by the comptroller of public accounts to minimize the amount of money expended from the general revenue fund. The substitute adds Mason Management Company as a claimant to be paid from funds appropriated to the Texas Department of Human Services from the General Revenue Fund Account No. 0001 and federal funds (SECTION 14). The substitute provides that certain payments are to be made from the General Revenue Fund Account No. 0001, rather than from the Water Resource Management Fund Account No. 0153 and the General Revenue Waste Management Fund Account No. 0549 (SECTIONS 6 and 10). The substitute modifies payments to Kevin James Byrd and A.B. Butler, Jr. (SECTION 1).