Texas 2017 - 85th Regular

Texas House Bill HB3704 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R5468 CJC-D
2	2	By: Davis of Harris H.B. No. 3704
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the allocation of certain fees on the sale of cigarettes
8	8	and cigarette tobacco products manufactured by certain companies to
9	9	the permanent health fund for higher education and to the use of
10	10	money in that fund.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 63.001(b), Education Code, is amended to
13	13	read as follows:
14	14	(b) The fund is composed of:
15	15	(1) money transferred to the fund at the direction of
16	16	the legislature;
17	17	(2) money deposited to the credit of the fund under
18	18	Section 161.611, Health and Safety Code;
19	19	(3) gifts and grants contributed to the fund; and
20	20	(4) [(3)] the returns received from investment of
21	21	money in the fund.
22	22	SECTION 2. Sections 63.002(c) and (d), Education Code, are
23	23	amended to read as follows:
24	24	(c) The amount available for distribution from the fund may
25	25	be appropriated only for programs that benefit medical research,
26	26	health education, or treatment programs at the following
27	27	health-related institutions of higher education, schools, and
28	28	colleges:
29	29	(1) The University of Texas Health Science Center at
30	30	San Antonio;
31	31	(2) The University of Texas M. D. Anderson Cancer
32	32	Center;
33	33	(3) The University of Texas Southwestern Medical
34	34	Center;
35	35	(4) The University of Texas Medical Branch at
36	36	Galveston;
37	37	(5) The University of Texas Health Science Center at
38	38	Houston;
39	39	(6) The University of Texas Health Science Center at
40	40	Tyler;
41	41	(7) The University of Texas Health Science
42	42	Center--South Texas and its component institutions, if established
43	43	under Subchapter N, Chapter 74;
44	44	(8) The Texas A&M University Health Science Center;
45	45	(9) the University of North Texas Health Science
46	46	Center at Fort Worth;
47	47	(10) the Texas Tech University Health Sciences Center;
48	48	(11) the Texas Tech University Health Sciences Center
49	49	at El Paso; [and]
50	50	(12) the Dell Medical School at The University of
51	51	Texas at Austin;
52	52	(13) the School of Medicine at The University of Texas
53	53	Rio Grande Valley;
54	54	(14) The University of Texas at Austin College of
55	55	Pharmacy;
56	56	(15) the Texas Southern University College of Pharmacy
57	57	and Health Sciences;
58	58	(16) the University of Houston College of Pharmacy;
59	59	and
60	60	(17) Baylor College of Medicine, if a contract between
61	61	Baylor College of Medicine and the Texas Higher Education
62	62	Coordinating Board is in effect under Section 61.092.
63	63	(d) The governing board of a health-related institution of
64	64	higher education, school, or college entitled to receive money
65	65	under this subchapter may solicit and accept gifts and grants to the
66	66	fund. A gift or grant to the fund shall be appropriated and
67	67	distributed and may be used in the same manner as an amount
68	68	appropriated under Section 63.003, subject to any limitation or
69	69	requirement placed on the gift or grant by the donor or granting
70	70	entity.
71	71	SECTION 3. Sections 63.003(a), (b), and (c), Education
72	72	Code, are amended to read as follows:
73	73	(a) The legislature shall appropriate the amount available
74	74	for distribution from the fund to the health-related institutions
75	75	of higher education, schools, and colleges listed in Section
76	76	63.002(c). The amount appropriated shall be distributed as
77	77	follows:
78	78	(1) 70 percent shall be distributed in equal amounts
79	79	to each institution, school, and college; and
80	80	(2) the remaining amount shall be distributed in equal
81	81	amounts for each of the following categories, with each
82	82	institution, school, or college receiving a share in each category
83	83	proportionate to the amount that the institution, school, or
84	84	college spent in that category in the preceding fiscal biennium as
85	85	determined by the institution's, school's, or college's annual
86	86	financial report, compared to the total spending of every
87	87	institution, school, and college listed in Section 63.002(c) in
88	88	that category in the preceding biennium:
89	89	(A) instructional expenditures;
90	90	(B) research expenditures; and
91	91	(C) unsponsored charity care.
92	92	(b) The amount appropriated under Subsection (a) shall be
93	93	distributed quarterly by the comptroller to each health-related
94	94	institution of higher education, school, and college listed in
95	95	Section 63.002(c).
96	96	(c) The Legislative Budget Board shall make any necessary
97	97	determination of each institution's, school's, or college's portion
98	98	of an amount appropriated under Subsection (a)(2) and shall provide
99	99	that information to the legislature and the comptroller.
100	100	SECTION 4. Section 161.601, Health and Safety Code, is
101	101	amended to read as follows:
102	102	Sec. 161.601. PURPOSE. The purpose of this subchapter is
103	103	to:
104	104	(1) recover health care costs to the state imposed by
105	105	non-settling manufacturers;
106	106	(2) prevent non-settling manufacturers from
107	107	undermining this state's policy of reducing underage smoking by
108	108	offering cigarettes and cigarette tobacco products at prices that
109	109	are substantially below the prices of cigarettes and cigarette
110	110	tobacco products of other manufacturers;
111	111	(3) protect the tobacco settlement agreement and
112	112	funding, which has been reduced because of the growth of sales of
113	113	non-settling manufacturer cigarettes and cigarette tobacco
114	114	products, for programs that are funded wholly or partly by payments
115	115	to this state under the tobacco settlement agreement and recoup for
116	116	this state settlement payment revenue lost because of sales of
117	117	non-settling manufacturer cigarettes and cigarette tobacco
118	118	products;
119	119	(4) ensure evenhanded treatment of manufacturers and
120	120	further protect the tobacco settlement agreement and funding by
121	121	imposing a partial payment obligation on non-settling
122	122	manufacturers that already make payments on Texas sales under the
123	123	master settlement agreement until a credit amendment to that
124	124	agreement that will provide those manufacturers with a credit for
125	125	payments to Texas is effective; and
126	126	(5) provide funding for programs that benefit medical
127	127	research, health education, and treatment programs [any purpose the
128	128	legislature determines].
129	129	SECTION 5. Section 161.611, Health and Safety Code, is
130	130	amended to read as follows:
131	131	Sec. 161.611. REVENUE DEPOSITED IN PERMANENT HEALTH FUND
132	132	FOR HIGHER EDUCATION [GENERAL REVENUE FUND]. The revenue from the
133	133	fees imposed by this subchapter shall be deposited in the state
134	134	treasury to the credit of the permanent health fund for higher
135	135	education [general revenue fund].
136	136	SECTION 6. This Act takes effect September 1, 2017.