81R7194 KLA-D
By: Watson S.J.R. No. 21
A JOINT RESOLUTION
proposing a constitutional amendment to ensure that this state
receives the maximum federal funding available under the child
health plan program.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 51-a, Article III, Texas Constitution,
is amended by adding Subsections (e), (f), (g), (g-1), (h), (h-1),
and (i) to read as follows:
(e) Out of the first money coming into the treasury in each
state fiscal year that is not otherwise appropriated by this
constitution, the lesser of the following is appropriated for the
administration and operation of the child health plan program
authorized by federal law or a successor state-designed health plan
program specifically for children that qualifies for federal
matching money:
(1) the amount necessary to obtain the maximum federal
allotment for this state or other available federal matching money
under the program; or
(2) the amount necessary to establish an income
eligibility limit for the program at a net family income, as that
term is defined by the legislature, of 300 percent of the federal
poverty level.
(f) Subsection (e) of this section and this subsection
expire on the earlier of:
(1) the date both the child health plan program
authorized by federal law and any successor state-designed health
plan program specifically for children that qualifies for federal
matching money have terminated; or
(2) September 1, 2023.
(g) Notwithstanding the appropriation required by
Subsection (e) of this section, out of the first money coming into
the treasury in each of the state fiscal years beginning September
1, 2011, and September 1, 2012, that is not otherwise appropriated
by this constitution, the lesser of the following is appropriated
for the administration and operation of the child health plan
program authorized by federal law or a successor state-designed
health plan program specifically for children that qualifies for
federal matching money instead of the appropriation required by
Subsection (e) of this section:
(1) the amount necessary to obtain the maximum federal
allotment for this state or other available federal matching money
under the program; or
(2) the amount necessary to establish an income
eligibility limit for the program at a net family income, as that
term is defined by the legislature, of 250 percent of the federal
poverty level.
(g-1) Subsection (g) of this section and this subsection
expire on the earlier of:
(1) the date both the child health plan program
authorized by federal law and any successor state-designed health
plan program specifically for children that qualifies for federal
matching money have terminated; or
(2) September 1, 2013.
(h) Notwithstanding the appropriation required by
Subsection (e) of this section, out of the first money coming into
the treasury in the state fiscal year beginning September 1, 2010,
that is not otherwise appropriated by this constitution, the lesser
of the following is appropriated for the administration and
operation of the child health plan program authorized by federal
law or a successor state-designed health plan program specifically
for children that qualifies for federal matching money instead of
the appropriation required by Subsection (e) of this section:
(1) the amount necessary to obtain the maximum federal
allotment for this state or other available federal matching money
under the program; or
(2) the amount necessary to maintain an income
eligibility limit for the program at a net family income, as that
term is defined by the legislature, of 200 percent of the federal
poverty level.
(h-1) Subsection (h) of this section and this subsection
expire on the earlier of:
(1) the date both the child health plan program
authorized by federal law and any successor state-designed health
plan program specifically for children that qualifies for federal
matching money have terminated; or
(2) September 1, 2011.
(i) Subsections (e), (f), (g), and (h) of this section do
not affect the authority of the legislature to appropriate
additional money for the administration and operation of the child
health plan program authorized by federal law or a successor
state-designed health plan program specifically for children that
qualifies for federal matching money.
SECTION 2. This proposed constitutional amendment shall be
submitted to the voters at an election to be held November 3, 2009.
The ballot shall be printed to provide for voting for or against the
proposition: "The constitutional amendment to ensure that this
state receives the maximum federal funding available under the
child health plan program (CHIP)."