Bill Text: TX HB3704 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to the allocation of certain fees on the sale of cigarettes and cigarette tobacco products manufactured by certain companies to the permanent health fund for higher education and to the use of money in that fund.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-04-03 - Referred to Appropriations [HB3704 Detail]
Download: Texas-2017-HB3704-Introduced.html
85R5468 CJC-D | ||
By: Davis of Harris | H.B. No. 3704 |
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relating to the allocation of certain fees on the sale of cigarettes | ||
and cigarette tobacco products manufactured by certain companies to | ||
the permanent health fund for higher education and to the use of | ||
money in that fund. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 63.001(b), Education Code, is amended to | ||
read as follows: | ||
(b) The fund is composed of: | ||
(1) money transferred to the fund at the direction of | ||
the legislature; | ||
(2) money deposited to the credit of the fund under | ||
Section 161.611, Health and Safety Code; | ||
(3) gifts and grants contributed to the fund; and | ||
(4) [ |
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money in the fund. | ||
SECTION 2. Sections 63.002(c) and (d), Education Code, are | ||
amended to read as follows: | ||
(c) The amount available for distribution from the fund may | ||
be appropriated only for programs that benefit medical research, | ||
health education, or treatment programs at the following | ||
health-related institutions of higher education, schools, and | ||
colleges: | ||
(1) The University of Texas Health Science Center at | ||
San Antonio; | ||
(2) The University of Texas M. D. Anderson Cancer | ||
Center; | ||
(3) The University of Texas Southwestern Medical | ||
Center; | ||
(4) The University of Texas Medical Branch at | ||
Galveston; | ||
(5) The University of Texas Health Science Center at | ||
Houston; | ||
(6) The University of Texas Health Science Center at | ||
Tyler; | ||
(7) The University of Texas Health Science | ||
Center--South Texas and its component institutions, if established | ||
under Subchapter N, Chapter 74; | ||
(8) The Texas A&M University Health Science Center; | ||
(9) the University of North Texas Health Science | ||
Center at Fort Worth; | ||
(10) the Texas Tech University Health Sciences Center; | ||
(11) the Texas Tech University Health Sciences Center | ||
at El Paso; [ |
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(12) the Dell Medical School at The University of | ||
Texas at Austin; | ||
(13) the School of Medicine at The University of Texas | ||
Rio Grande Valley; | ||
(14) The University of Texas at Austin College of | ||
Pharmacy; | ||
(15) the Texas Southern University College of Pharmacy | ||
and Health Sciences; | ||
(16) the University of Houston College of Pharmacy; | ||
and | ||
(17) Baylor College of Medicine, if a contract between | ||
Baylor College of Medicine and the Texas Higher Education | ||
Coordinating Board is in effect under Section 61.092. | ||
(d) The governing board of a health-related institution of | ||
higher education, school, or college entitled to receive money | ||
under this subchapter may solicit and accept gifts and grants to the | ||
fund. A gift or grant to the fund shall be appropriated and | ||
distributed and may be used in the same manner as an amount | ||
appropriated under Section 63.003, subject to any limitation or | ||
requirement placed on the gift or grant by the donor or granting | ||
entity. | ||
SECTION 3. Sections 63.003(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) The legislature shall appropriate the amount available | ||
for distribution from the fund to the health-related institutions | ||
of higher education, schools, and colleges listed in Section | ||
63.002(c). The amount appropriated shall be distributed as | ||
follows: | ||
(1) 70 percent shall be distributed in equal amounts | ||
to each institution, school, and college; and | ||
(2) the remaining amount shall be distributed in equal | ||
amounts for each of the following categories, with each | ||
institution, school, or college receiving a share in each category | ||
proportionate to the amount that the institution, school, or | ||
college spent in that category in the preceding fiscal biennium as | ||
determined by the institution's, school's, or college's annual | ||
financial report, compared to the total spending of every | ||
institution, school, and college listed in Section 63.002(c) in | ||
that category in the preceding biennium: | ||
(A) instructional expenditures; | ||
(B) research expenditures; and | ||
(C) unsponsored charity care. | ||
(b) The amount appropriated under Subsection (a) shall be | ||
distributed quarterly by the comptroller to each health-related | ||
institution of higher education, school, and college listed in | ||
Section 63.002(c). | ||
(c) The Legislative Budget Board shall make any necessary | ||
determination of each institution's, school's, or college's portion | ||
of an amount appropriated under Subsection (a)(2) and shall provide | ||
that information to the legislature and the comptroller. | ||
SECTION 4. Section 161.601, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 161.601. PURPOSE. The purpose of this subchapter is | ||
to: | ||
(1) recover health care costs to the state imposed by | ||
non-settling manufacturers; | ||
(2) prevent non-settling manufacturers from | ||
undermining this state's policy of reducing underage smoking by | ||
offering cigarettes and cigarette tobacco products at prices that | ||
are substantially below the prices of cigarettes and cigarette | ||
tobacco products of other manufacturers; | ||
(3) protect the tobacco settlement agreement and | ||
funding, which has been reduced because of the growth of sales of | ||
non-settling manufacturer cigarettes and cigarette tobacco | ||
products, for programs that are funded wholly or partly by payments | ||
to this state under the tobacco settlement agreement and recoup for | ||
this state settlement payment revenue lost because of sales of | ||
non-settling manufacturer cigarettes and cigarette tobacco | ||
products; | ||
(4) ensure evenhanded treatment of manufacturers and | ||
further protect the tobacco settlement agreement and funding by | ||
imposing a partial payment obligation on non-settling | ||
manufacturers that already make payments on Texas sales under the | ||
master settlement agreement until a credit amendment to that | ||
agreement that will provide those manufacturers with a credit for | ||
payments to Texas is effective; and | ||
(5) provide funding for programs that benefit medical | ||
research, health education, and treatment programs [ |
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SECTION 5. Section 161.611, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 161.611. REVENUE DEPOSITED IN PERMANENT HEALTH FUND | ||
FOR HIGHER EDUCATION [ |
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fees imposed by this subchapter shall be deposited in the state | ||
treasury to the credit of the permanent health fund for higher | ||
education [ |
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SECTION 6. This Act takes effect September 1, 2017. |