HBA-NLM C.S.S.B. 928 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 928
By: Ratliff
Appropriations
5/12/1999
Committee Report (Substituted)

BACKGROUND AND PURPOSE 

Currently, 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 in order to honor the state's
obligations under the law.  C.S.S.B. 928 sets forth sums of money
appropriated out of various accounts to pay certain miscellaneous 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. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Sets forth sums of money appropriated out of the General
Revenue Fund No. 0001 for payment of itemized claims and judgments plus
interest, if any, against the State of Texas. 

SECTION 2.  Sets forth sums of money appropriated out of the Confederate
Pension Fund No. 0005 for payment of itemized claims and judgments plus
interest, if any, against the State of Texas. 

SECTION 3.  Sets forth sums of money appropriated out of the State Highway
Fund No. 0006 for payment of itemized claims and judgments plus interest,
if any, against the State of Texas. 

SECTION 4.  Sets forth sums of money appropriated out of the Proportional
Registration Distributive Trust Fund No. 0021 for payment of itemized
claims and judgments plus interest, if any, against the State of Texas. 

SECTION 5.  Sets forth a sum of money appropriated out of the Coastal
Protection Account No. 0027 for payment of an itemized claim and judgment
plus interest, if any, against the State of Texas. 

SECTION 6.  Sets forth sums of money appropriated out of the Operators and
Chauffeurs License Account No. 0099 for payment of itemized claims and
judgments plus interest, if any, against the State of Texas. 

SECTION 7.  Sets forth a sum of money appropriated out of the Community
Affairs Federal Account No. 0127 for payment of an itemized claim and
judgment plus interest, if any, against the State of Texas. 

SECTION 8.  Sets forth a sum of money appropriated out of the Federal
Alcoholism Account No. 0136 for payment of an itemized claim and judgment
plus interest, if any, against the State of Texas. 

SECTION 9.  Sets forth sums of money appropriated out of the Federal Adult
Blind Account No. 0141 for payment of itemized claims and judgments plus
interest, if any, against the State of Texas. 

SECTION 10.  Sets forth sums of money appropriated out of the Compensation
to Victims of Crime Account No. 0469 for payment of itemized claims and
judgments plus interest, if any, against the State of Texas. 
 
SECTION 11.  Sets forth sums of money appropriated out of the Hazardous and
Solid Waste Fees Account No. 0549 for payment of itemized claims and
judgments plus interest, if any, against the State of Texas. 

SECTION 12.  Sets forth a sum of money appropriated out of the Judicial
Fund No. 0573 for payment of an itemized claim and judgment plus interest,
if any, against the State of Texas. 

SECTION 13. Sets forth a sum of money appropriated out of the Petroleum
Storage Tank Remediation Account No. 0655 for payment of itemized claim and
judgments plus interest, if any, against the State of Texas. 

SECTION 14.  Sets forth a sum of money appropriated out of the Texas
Agriculture Fund No. 0683 for payment of an itemized claim and judgment
plus interest, if any, against the State of Texas. 

SECTION 15.  Sets forth sums of money appropriated out of the Unemployment
Compensation Clearance Account No. 0936 for payment of itemized claims and
judgments plus interest, if any, against the State of Texas. 

SECTION 16.  Sets forth sums of money appropriated out of the Workforce
Commission Federal Account No. 5026 for payment of itemized claims and
judgments plus interest, if any, against the State of Texas. 

SECTION 17.  Sets forth a sum of money appropriated out of the General
Revenue Fund No. 0001 for payment of an itemized claim and judgment plus
interest, if any, against the State of Texas. 

SECTION 18.   Sets forth a sum of money appropriated to the Department of
Human Services, out of funds as provided by this section, for payment of
itemized claims against the State of Texas. Requires the amounts
appropriated by this section to be drawn out of the following sources: 

_$173,669.09 from the General Revenue Fund No. 001; and
_$288,831.91 from federal funds.

SECTION 19.  Sets forth a sum of money appropriated to the Department of
Human Services, out of funds as provided by this section, for payment of
itemized claims against the State of Texas. Requires the amounts
appropriated by this section to be drawn out of the following sources: 

_$2,250.02 from the General Revenue Fund No. 001; and
_$2,250.01 from federal funds.

SECTION 20.  Sets forth an additional sum of money appropriated out of the
General Revenue Fund No. 001 from receipts originating from the tobacco
settlement to satisfy any and all claims against the State of Texas that
were or could have been raised in The State of Texas v. The American
Tobacco Co., et al., No. 5-96CV-91, and provides that acceptance of these
funds will release the state of any liability and responsibility: 

_to pay the Texas Association of School Boards Risk Management Fund
$5,000,000.00; and 
_to pay the Texas Municipal League Group Boards Risk Management Fund
$10,000,000.00. 

SECTION 21. (a)  Requires a claim or judgment, except as provided by
Subsection (c) of this section,  to be verified and substantiated by the
administrator of the special fund or account against which a claim is to be
charged and approved by the attorney general and comptroller before any
claim or judgment may be paid from money appropriated by this Act.
Prohibits any claim or judgment itemized in this Act that has not been
verified and substantiated by the administrator of the special fund or
account and approved by the attorney general and comptroller by August 31,
2000, from being paid from money appropriated by this Act. 

(b)  Requires each claim, except as provided by Subsection (c) of this
section, to contain information required by the comptroller, but at a
minimum must contain the specific reason for the claim.  Requires the claim
to include a specific identification of the goods, services,  refunds, or
other items for which the warrant was originally issued if the claim is for
a void contract and a certification by the original payee or the original
payee's successor, heirs, or assignees that the debt is still outstanding.
Requires a claim to be accompanied by an invoice or other acceptable
documentation of the unpaid account and any other information that may be
required by the comptroller if the claim is for unpaid goods or services. 

(c) Requires the attorney general to approve the form and content of
payments for a claim described by Section 20 of this Act. 

SECTION 22.  Authorizes and directs the comptroller, subject to the
conditions and restrictions in this Act and provisions stated in the
judgments, to issue one or more warrants drawn on the state treasury, as
soon as possible following the effective date of this Act, in favor of each
the individuals, firms, or corporations named in Sections 1-17 or 20 of
this Act, in an amount not to exceed the amount set opposite their
respective names and to mail or deliver each of the individuals, firms, or
corporations one or more warrants in payment of all claims included in this
Act.  Requires the comptroller to issue warrants to DHS for payment in
favor of each of the individuals, firms, or corporations listed in Sections
18 or 19 of this Act. 

SECTION 23.Effective date: September 1, 1999.

SECTION 24.Emergency clause.     

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 928 modifies the original by adding a new SECTION 13, to set forth
a sum of money appropriated out of the Petroleum Storage Tank Remediation
Account No. 0655 for payment of itemized claims and judgments plus
interest, if any, against the State of Texas. 

C.S.S.B. 928 redesignates SECTIONS 13- 16 of the original to SECTIONS 14-17
in the substitute.  

C.S.S.B. 928 modifies the original by adding a new SECTION 18, to set forth
a sum of money appropriated to the Department of Human Services, out of
funds as provided by this section, for payment of itemized claims against
the State of Texas.  Requires the amounts appropriated by this section to
be drawn out of the following sources: 

_$173,669.09 from the General Revenue Fund No. 001; and
_$288,831.91 from federal funds.

C.S.S.B. 928 modifies the original by adding a new SECTION 19, to set forth
a sum of money appropriated to the Department of Human Services, out of
funds as provided by this section, for payment of itemized claims against
the State of Texas.  Requires the amounts appropriated by this section to
be drawn out of the following sources: 

_$2,250.02 from the General Revenue Fund No. 001; and
_$2,250.01 from federal funds.

C.S.S.B. 928 modifies the original by adding a new SECTION 20, to set forth
an additional sum of money appropriated out of the General Revenue Fund No.
001 from receipts originating from the tobacco settlement to satisfy any
and all claims against the State of Texas that were or could have been
raised in The State of Texas v. The American Tobacco Co., et al., No.
5-96CV-91, and provides that acceptance of these funds will release the
state of any liability and responsibility: 

_to pay the Texas Association of School Boards Risk Management Fund
$5,000,000.00; and 
_to pay the Texas Municipal League Group Boards Risk Management Fund
$10,000,000.00. 

C.S.S.B. 928 redesignates SECTIONS 17-20 of the original to SECTIONS 21-24
in the substitute. 

C.S.S.B. 928 modifies the original SECTION 17, redesignated as SECTION 21
in the substitute, by adding a new Subsection (c) to require the attorney
general to approve the form and content of  payments for a claim described
by Section 20 of this Act.  In addition, the substitute provides that new
Subsection (c) is an exception to the provisions of Subsections (a) and
(b). 

C.S.S.B. 928 modifies the original SECTION 18, redesignated as SECTION 22
in the substitute, to authorize and direct the comptroller to issue one or
more warrants drawn on the state treasury, as soon as possible following
the effective date of this Act, in favor of each the individuals, firms, or
corporations named in Sections 1-17 or 20 of this Act in the manner
provided. In addition, the substitute adds a new provision requiring  the
comptroller to issue warrants to DHS for payment in favor of each of the
individuals, firms, or corporations listed in Sections 18 and 19 of this
Act.