By: Pitts, Giddings (Senate Sponsor - Williams) H.B. No. 10
(In the Senate - Received from the House February 25, 2013;
February 25, 2013, read first time and referred to Committee on
Finance; February 27, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 14, Nays 0;
February 27, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 10 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to making emergency supplemental appropriations and
providing direction and transfer authority regarding certain
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID
ACUTE CARE AND CERTAIN TRANSFERS. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2013, the amount of $3,163,515,906 is appropriated out of the
general revenue fund for the state fiscal year ending August 31,
2013, to the Health and Human Services Commission under Goal B,
Medicaid, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), for the purpose of providing acute care services under the
Medicaid program.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$265,316,377 is appropriated out of general revenue account number
5040, Tobacco Settlement, for the state fiscal year ending August
31, 2013, to the Health and Human Services Commission under Goal B,
Medicaid, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), for the purpose of providing acute care services under the
Medicaid program.
(c) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$4,977,267,717 is appropriated out of federal funds for the state
fiscal year ending August 31, 2013, to the Health and Human Services
Commission under Goal B, Medicaid, as listed in Chapter 1355 (H.B.
1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), for the purpose of providing acute
care services under the Medicaid program.
(d) Notwithstanding any limitation on transfer among items
of appropriation that is prescribed by Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), the Health and Human Services Commission may
transfer for the state fiscal year ending August 31, 2013, any
amount appropriated under Subsection (a), (b), or (c) of this
section among the following strategies specified in Chapter 1355
(H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), in the appropriations to the
commission:
(1) C.1.1, CHIP;
(2) C.1.4, CHIP Perinatal Services; and
(3) C.1.5, CHIP Vendor Drug Program.
(e) Notwithstanding any limitation on transfer among items
of appropriation that is prescribed by Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), the Health and Human Services Commission may
transfer for the state fiscal year ending August 31, 2013, any
amount appropriated under Subsection (a) or (c) of this section to
the Department of Aging and Disability Services and among the
following strategies specified in that Act in the appropriations to
the department:
(1) A.2.1, Primary Home Care;
(2) A.2.2, Community Attendant Services;
(3) A.2.3, Day Activity and Health Services (DAHS);
(4) A.3.1, Community-based Alternatives (CBA);
(5) A.3.2, Home and Community-based Services (HCS);
(6) A.3.3, Community Living Assistance and Support
Services (CLASS);
(7) A.3.4, Deaf-Blind Multiple Disabilities (DBMD);
(8) A.3.5, Medically Dependent Children Program
(MDCP);
(9) A.3.7, Texas Home Living Waiver;
(10) A.5.1, Program of All-Inclusive Care for the
Elderly (PACE);
(11) A.6.1, Nursing Facility Payments;
(12) A.6.2, Medicare Skilled Nursing Facility;
(13) A.6.3, Hospice;
(14) A.6.4, Promoting Independence by Providing
Community-based Services;
(15) A.7.1, Intermediate Care Facilities - for
Persons w/ MR (ICF/MR); and
(16) A.8.1, State Supported Living Centers.
(f) An amount transferred to a strategy under Subsection (d)
or (e) of this section may not exceed the sum of the amounts
transferred from that item of appropriation for cash flow purposes
made under the following provisions in Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act):
(1) Section 10 of Special Provisions Relating to All
Health and Human Services Agencies;
(2) Rider 12 to the bill pattern of the appropriations
to the Health and Human Services Commission; and
(3) Rider 19 to the bill pattern of the appropriations
to the Health and Human Services Commission.
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION: CHIP. (a)
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2013, the amount of $74,683,623 is
appropriated for the state fiscal year ending August 31, 2013, out
of general revenue account number 5040, Tobacco Settlement, to the
Health and Human Services Commission under Goal C, CHIP Services,
as listed in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature,
Regular Session, 2011 (the General Appropriations Act), for the
purpose of providing services under the CHIP program.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$187,456,156 is appropriated for the state fiscal year ending
August 31, 2013, out of federal funds to the Health and Human
Services Commission under Goal C, CHIP Services, as listed in
Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for the purpose of
providing services under the CHIP program.
SECTION 3. DEPARTMENT OF AGING AND DISABILITY SERVICES:
MEDICAID LONG-TERM CARE AND CERTAIN TRANSFERS. (a) In addition to
amounts previously appropriated for the state fiscal biennium
ending August 31, 2013, the amount of $1,019,065,242 is
appropriated out of the general revenue fund for the state fiscal
year ending August 31, 2013, to the Department of Aging and
Disability Services under Strategy A.6.1, Nursing Facility
Payments, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), for the purpose of providing long-term care services under
the Medicaid program.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$1,484,780,561 is appropriated out of federal funds for the state
fiscal year ending August 31, 2013, to the Department of Aging and
Disability Services under Strategy A.6.1, Nursing Facility
Payments, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), for the purpose of providing long-term care services under
the Medicaid program.
(c) Notwithstanding any limitation on transfer among items
of appropriation that is prescribed by Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), the Department of Aging and Disability
Services for the state fiscal year ending August 31, 2013, may
allocate the additional amount appropriated under Subsections (a)
and (b) of this section among the following strategies specified in
Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), in the
appropriations to the department:
(1) A.2.1, Primary Home Care;
(2) A.2.2, Community Attendant Services;
(3) A.2.3, Day Activity and Health Services (DAHS);
(4) A.3.1, Community-based Alternatives (CBA);
(5) A.3.2, Home and Community-based Services (HCS);
(6) A.3.3, Community Living Assistance and Support
Services (CLASS);
(7) A.3.4, Deaf-Blind Multiple Disabilities (DBMD);
(8) A.3.5, Medically Dependent Children Program
(MDCP);
(9) A.3.7, Texas Home Living Waiver;
(10) A.5.1, Program of All-Inclusive Care for the
Elderly (PACE);
(11) A.6.1, Nursing Facility Payments;
(12) A.6.2, Medicare Skilled Nursing Facility;
(13) A.6.3, Hospice;
(14) A.6.4, Promoting Independence by Providing
Community-based Services;
(15) A.7.1, Intermediate Care Facilities - for Persons
w/ MR (ICF/MR); and
(16) A.8.1, State Supported Living Centers.
SECTION 4. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL
PROGRAM. (a) In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2013, the amount of
$317,000,000 is appropriated out of general revenue account number
0193, Foundation School, for the state fiscal year ending August
31, 2013, to the Texas Education Agency under Strategy A.1.1, FSP -
Equalized Operations, as listed in Chapter 1355 (H.B. 1), Acts of
the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), for the purpose of providing for the
Foundation School Program.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$313,000,000 is appropriated for the state fiscal year ending
August 31, 2013, out of Fund 0666, Appropriated Receipts (revenue
from school districts subject to recapture), to the Texas Education
Agency under Strategy A.1.1, FSP - Equalized Operations, as listed
in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for the purpose of
providing for the Foundation School Program.
(c) Notwithstanding Rider 3 to the bill pattern of the
appropriations to the Texas Education Agency in Chapter 1355 (H.B.
1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), the sum certain appropriation to the
Foundation School Program for the state fiscal year ending August
31, 2013, is increased by the amount of $630,000,000.
SECTION 5. TEXAS EDUCATION AGENCY: CERTAIN APPROPRIATIONS.
Contingent on the enactment and becoming law of H.B. 1026 or similar
legislation of the 83rd Legislature, Regular Session, 2013,
relating to the established schedule of payments from the
foundation school fund of the yearly entitlement of certain school
districts:
(1) there is appropriated to the Texas Education
Agency from general revenue account number 0193, Foundation School,
$1,750,000,000 for the state fiscal year ending August 31, 2013,
for payment of the installment to be paid on or before August 30,
2013, as provided by Sections 42.259(c-1) and (d-1), Education
Code, as added by that legislation; and
(2) notwithstanding Rider 3 to the bill pattern of the
appropriations to the Texas Education Agency in Chapter 1355 (H.B.
1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), the sum certain appropriation to the
Foundation School Program for the state fiscal year ending August
31, 2013, is increased by the amount of $1,750,000,000 in addition
to the amount by which that sum certain appropriation is increased
in accordance with Section 4(c) of this Act.
SECTION 6. TEXAS PUBLIC FINANCE AUTHORITY: APPROPRIATION
REDUCTION. The amounts of the unencumbered appropriations made
from the general revenue fund for the state fiscal biennium ending
August 31, 2013, to the Texas Public Finance Authority by Chapter
1355 (H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011
(the General Appropriations Act), under Strategy A.2.2, Bond Debt
Service Payments, are reduced by $3,000,000.
SECTION 7. EFFECTIVE DATE. This Act takes effect
immediately as provided for a general appropriations act under
Section 39, Article III, Texas Constitution.
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