HBA-DMH H.B. 2852 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2852
By: Junell
Appropriations
4/8/2001
Introduced



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.
House Bill 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

House Bill 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 Water Resource Management Fund Account No. 0153;
_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 General Revenue Waste Management Fund Account No. 0549;
_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 in a manner calculated by the
comptroller to minimize the amount of money expended from the general
revenue fund.  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.