By: Junell (Senate SponsorMontford)H.B. No. 3049

(In the SenateReceived from the House May12,1995; May15,1995, read first time and referred to Committee on Finance; May23,1995, reported adversely, with favorable Committee Substitute by the following vote: Yeas 11, Nays 0; May23,1995, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 3049By: Montford

A BILL TO BE ENTITLED

AN ACT

making appropriations for and directing payment of certain miscellaneous claims and judgments out of funds designated by this Act and requiring approval of the claims in the manner specified in this Act before payment is made.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION1. The following sums of money are appropriated out of the General Revenue Fund No. 001 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Steve D. Thompson Trucking for warrant voided by statute of limitations.$6,368.40

To pay Steve D. Thompson Trucking for warrant voided by statute of limitations.$8,471.70

To pay LextonAncira, Inc., care of Southmark Corporation, for warrant voided by statute of limitations. $2,063.70

To pay the Texas Natural Resource Conservation Commission for unpaid underground storage tank fees for the Texas Youth Commission. $100.00

To pay Del Barker Stigler, M.D., for warrant voided by statute of limitations.$1,700.86

To pay PrudentialBache Moneymart Assets, Inc., for warrant voided by statute of limitations. $45,000.00

To pay Terminal Freight Handling Co., doing business as Sears Logistics, for warrant voided by statute of limitations. $31,894.50

To pay Canon U.S.A., Inc., for outstanding invoices for copier maintenance and service for the Texas Department of Health. $406.04

To pay Bruce G. Kinzy, M.D., P.A., for warrant voided by statute of limitations.$162.00

To pay Amparos Apothecary for outstanding invoices for drug purchases for the Texas Department of Mental Health and Mental Retardation. $4,210.45

To pay James D. Thompson for warrant voided by statute of limitations.$1,022.73

To pay Cris Haines for warrant voided by statute of limitations.$3.50

To pay Lucy M. Carlson for warrant voided by statute of limitations.$87.93

To pay Annice M. Elliott for warrant voided by statute of limitations.$369.41

To pay Willmar Distributors, Inc., care of Marriot Corporation, for warrant voided by statute of limitations. $12,251.90

To pay Parkland Memorial Hospital, doing business as Dallas County Hospital District, for warrant voided by statute of limitations. $58,585.64

To pay Masterson, Moreland, Sauer, Whisman, Inc., care of Moak Consulting, for outstanding invoices for expert witness fees for the Office of the Attorney General. $51,500.00

To pay Fred C. Bunch for warrant voided by statute of limitations.$792.53

To pay Robin D. Etie for warrant voided by statute of limitations.$40.07

To pay Mary Helen Gaines for warrant voided by statute of limitations.$80.77

To pay American Finance Group for warrant voided by statute of limitations.$782.00

To pay the City of Richmond for warrant voided by statute of limitations.$20,435.89

To pay Bill Long, District Clerk of Dallas County, for outstanding invoices for filing fees and court costs for the Office of the Attorney General. $355.00

To pay Jon C. Ford for warrant voided by statute of limitations.$2,831.04

To pay Virginia Pritz for warrant voided by statute of limitations.$457.47

To pay Live Oak Realty Company for warrant voided by statute of limitations.$3,580.80

To pay Northern Frost Investment Company for warrant voided by statute of limitations.$551.25

To pay Hicks Water Conditioning for warrant voided by statute of limitations.$187.50

To pay Mansfield Feed Mills, Inc., for warrant voided by statute of limitations.$250.00

To pay Marriott MHP Two Corporation for warrant voided by statute of limitations.$25,416.23

To pay Reddy Medical Association for unpaid workers' compensation benefits provided to Rosendo M. Garcia. $51.35

To pay Dan R. Hillard, M.D., for unpaid workers' compensation benefits provided to Margaret Stanberry. $475.00

To pay Orthopaedic and Back Pain Center for unpaid workers' compensation benefits provided to Julian Garcia. $2,075.95

To pay IBM Corporation for unpaid interest on computer system and software contract.$89,428.61

To pay Betty Jo Quash for warrant voided by statute of limitations.$53.76

To pay Mountain Creek Golf Club for warrants voided by statute of limitations.$91.69

To pay Comal County Juvenile Residential Supervision and Treatment Center, Inc., for warrant voided by statute of limitations. $5,040.00

To pay YMCA of Greater Houston for warrant voided by statute of limitations.$3,476.03

To pay Duke Salisbury, trustee for bankruptcy estate of Michigan General Corporation for Krestmark of Houston, Inc., for warrant voided by statute of limitations. $7,969.87

To pay Fraternal Order of Eagles Aerie 48 for warrant voided by statute of limitations.$1,900.00

To pay the Texas Natural Resource Conservation Commission for unpaid underground storage tank fees for the Texas Department of Mental Health and Mental Retardation. $75.00

To pay Melody Ensz Carpenter for warrant voided by statute of limitations.$395.59

To pay Jack V. Gardner for warrant voided by statute of limitations.$2,645.70

To pay the Travis County District Clerk for outstanding invoices for court costs for the Office of the Attorney General. $2,135.00

To pay Roy Widener for warrant voided by statute of limitations.$12.00

To pay Samuel Ortegon for warrant voided by statute of limitations.$136.25

To pay Sourjyebdra Dasgupta for warrant voided by statute of limitations.$110.00

To pay the Travis County District Clerk for outstanding invoices for court costs for the Office of the Attorney General. $135.00

To pay Victoria LewisDunn for warrants voided by statute of limitations.$240.88

To pay Les Arthur Eastwood for warrant voided by statute of limitations.$1,136.78

To pay Cheshire and Associates, Inc., care of Frank I. Cheshire, for warrant voided by statute of limitations. $45.00

To pay Janet Martin and her attorney, Julia R. Lavorn, P.C., according to the terms of a judgment in the case of Janet Martin v. M.D. Anderson plus 10 percent interest per annum from June 6, 1994, until paid, to be computed by the comptroller. $64,446.00

To pay Marilou Morrison and her attorney, Jerri Lynn Ward, for payment of a settlement including all accrued interest and attorney's fees, in the case of Nora Longoria et al v. Office of the Attorney General et al. $31,608.61

To pay Nora Longoria and her attorney, Jerri Lynn Ward, for payment of a settlement, including all accrued interest and attorney's fees, in the case of Nora Longoria et al v. Office of the Attorney General et al. $80,138.61

To pay John David Miller and his attorney, John Charles Fleming, according to the terms of a judgment in the case of John David Miller v. Texas Animal Health Commission plus 10 percent interest per annum from September 16, 1991, until paid, to be computed by the comptroller. $357,000.00

To pay Tarleton State University as reimbursement for payment of a settlement in the case of Randy Rosiere v. Barry Thompson et al. $200,000.00

To pay Thomas P. McDill, Jr., and his attorney, B. Craig Deats, according to the terms of a judgment in the case of Thomas P. McDill, Jr., v. Texas Natural Resource Conservation Commission, plus 10 percent interest per annum from December 1, 1994, until paid, to be computed by the comptroller. $961,893.00

Notwithstanding anything in this Act to the contrary, this judgment may be paid when final from funds appropriated by this Act if the judgment is verified and substantiated by the administrator of the special fund or account and approved by the attorney general and the comptroller not later than August 31, 1997.

To pay Barbara Carisalez according to the terms of a settlement, when final, in the case of Barbara Carisalez v. Texas Funeral Service Commission and Larry Farrow. $25,000.00

The Texas Funeral Service Commission is authorized to spend an amount not to exceed $60,000 out of funds appropriated to the commission in House Bill No. 1, 74th Legislature, Regular Session, 1995 (the General Appropriations Act), for the purpose of paying a settlement of a complaint filed by Barbara Carisalez under Chapter 21, Labor Code, or its predecessor statute, and a charge filed under Title VII of the Civil Rights Act of 1964 against the Texas Funeral Service Commission, notwithstanding any limitations contained in the General Appropriations Act on the amount of funds that may be spent for the purpose of paying a settlement or judgment. The expenditure of funds authorized by this provision is subject to the approval of the Office of the Attorney Gereral as required in the provisions of Article IX of the General Appropriations Act relating to the payment of judgments and settlements. A settlement or conciliation agreement on which funds are paid constitutes a complete release by Barbara Carisalez of all claims and causes of action Barbara Carisalez may have, arising from facts alleged in the complaint or charge described by this section, against the State of Texas or any former or current employee or officer of the State of Texas.

SECTION2. The following sums of money are appropriated out of Fund No. 006 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Alamo Title Company, agent for Alamo Title Insurance of Texas, for warrant voided by statute of limitations. $436.00

To pay Victor E. Hudman, M.D., for unpaid medical services.$45.00

To pay Harley E. Baker for warrant voided by statute of limitations.$35.24

To pay Permian Basin Chiropractic for unpaid chiropractic services.$3,830.00

To pay Upper Valley Radiology Clinic PA for unpaid radiological services.$157.00

To pay Rehabilitation Associates of Odessa for unpaid physical rehabilitation services.$150.00

To pay T. Brown Constructors, Inc., according to the terms of a judgment in the case of T. Brown Constructors, Inc., v. State Department of Highways and Public Transportation, Cause No. 9377032, in the District Court, Travis County, 98th Judicial District. $3,318,001.33

To pay the City of Grand Prairie for unpaid streetlight maintenance charges.$104,829.58

SECTION3. The following sums of money are appropriated out of Fund No. 099 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Canon U.S.A. for unpaid copier service.$7,897.33

SECTION4. The following sums of money are appropriated out of Fund No. 019 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Earnest Garman, Jr., for warrant voided by statute of limitations.$7.00

SECTION5. The following sums of money are appropriated out of Fund No. 026 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Michael L. Miller for warrant voided by statute of limitations.$7.56

To pay Travis County District Clerk for outstanding invoices for court costs for the Texas Employment Commission. $2,290.00

To pay Elaine G. Davis for warrant voided by statute of limitations.$92.04

SECTION6. The following sums of money are appropriated out of Fund No. 036 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Cyril Frost R. Frost and his attorney, Matthew Trevena, according to the terms of a judgment in the case of Cyril R. Frost v. Texas Commission on Fire Protection plus 10 percent interest per annum from April 7, 1994, until paid, to be computed by the comptroller. $200,399.55

SECTION7. The following sums of money are appropriated out of Fund No. 037 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Galveston County Child Welfare Board for unpaid foster care services.$78,229.21

SECTION8. The following sums of money are appropriated out of Fund No. 061 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay the Institute for Rehabilitation Research for outstanding invoices for medical services for various clients of the Texas Rehabilitation Commission. $2,302.99

To pay TSO for outstanding invoices for eyeglasses for a client of the Texas Rehabilitation Commission. $160.00

To pay the University of Houston for outstanding invoices for tuition for various Texas Rehabilitation Commission employees. $11,632.40

To pay Georgetown Medical Center for outstanding invoices for medical services.$390.00

SECTION9. The following sums of money are appropriated out of Fund No. 064 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Fort Bend Telephone for unpaid telephone bill for Brazos Bend State Park.$198.20

SECTION10. The following sums of money are appropriated out of Fund No. 127 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Barbra Crane for warrant voided by statute of limitations.$462.00

SECTION11. The following sums of money are appropriated out of Fund No. 141 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Rodney J. Puryear for warrant voided by statute of limitations.$150.00

SECTION12. The following sums of money are appropriated out of Fund No. 165 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay the Ben Hogan Company and its attorney, Matthew P. McDonald, accrued interest on the principal amount of a judgment previously paid by the state in the case of Ben Hogan v. Texas Employment Commission. $39,162.00

SECTION13. The following sums of money are appropriated out of Fund No. 166 for payment of itemized claims and judgments plus interest, if any, against the State of Texas:

To pay Peoplecare Heritage Oaks, Inc., for unpaid charges for nursing home care for Medicaid recipients. $420.80

To pay Brownsville Good Samaritan Center for unpaid charges for nursing home care for Medicaid recipients. $845.80

To pay L & L Equities, Inc., doing business as All Seasons Nursing Center, for unpaid charges for nursing home care for Medicaid recipients. $341.01

To pay David W. Nesbit, doing business as Nesbit Nursing Home, for unpaid charges for nursing home care for Medicaid recipients. $70.88

To pay Rockwall Nursing Care Center for unpaid charges for nursing home care for Medicaid recipients. $1,538.31

To pay Peoplecare Heritage Oaks, Inc., for unpaid charges for nursing home care for Medicaid recipients. $684.42

To pay Southwestern Medical Centers, Inc., doing business as Deer Creek Nursing Center, for unpaid charges for nursing home care for Medicaid recipients. $570.36

To pay 3927 Foundation, Inc., doing business as Bryan Manor, for unpaid charges for nursing home care for Medicaid recipients. $924.00

To pay Quality Care of Waco for unpaid charges for nursing home care for Medicaid recipients.$28.62

To pay White Acres Good Samaritan Retirement Village for unpaid charges for nursing home care for Medicaid recipients. $2,585.25

To pay Honorcare Operating Co., doing business as Angelina Nursing Home, for unpaid charges for nursing home care for Medicaid recipients. $870.98

To pay Tutor Nursing Home, Inc., for unpaid charges for nursing home care for Medicaid recipients.$910.50

To pay Bethphage Mission South, Inc., doing business as Bethphage at Winding Hollow, for unpaid charges for nursing home care for Medicaid recipients. $615.10

To pay Vari Care, Inc., doing business as Edgewater Care Center, for unpaid charges for nursing home care for Medicaid recipients. $2,052.33

To pay Southwest Care Center for unpaid charges for nursing home care for Medicaid recipients.$354.20

To pay Four Seasons Nursing Centers, Inc., doing business as Four Seasons Nursing CenterAustin, for unpaid charges for nursing home care for Medicaid recipients. $2,107.99

To pay Paula A. Prince for warrant voided by statute of limitations.$128.36

To pay Unicare Homes, Inc., doing business as Convalescent Center, for unpaid charges for nursing home care for Medicaid recipients. $1,868.24 To pay Wright Nursing Home, Inc., for unpaid charges for nursing home care for Medicaid recipients. $6,358.98

To pay Living Centers of America, doing business as Care, Inc., of Waco, for unpaid charges for nursing home care for Medicaid recipients. $37,100.50

To pay Granbury Nursing Home, Inc., doing business as Granbury Care Center, for unpaid charges for nursing home care for Medicaid recipients. $724.50

To pay Colonial Manor for unpaid charges for nursing home care for Medicaid recipients.$114.90

To pay Advanced Living Technologies, Inc., doing business as Floresville, for unpaid charges for nursing home care for Medicaid recipients. $35.21

To pay Mason Management Company for unpaid charges for nursing home care for Medicaid recipients. $859.85

To pay Leon Valley Lodge for unpaid charges for nursing home care for Medicaid recipients.$379.36

To pay Mission Nursing Home for unpaid charges for nursing home care for Medicaid recipients.$1,163.52

To pay Valley View Care Center for unpaid charges for nursing home care for Medicaid recipients.$364.30

To pay St. David's Rehabilitation Center for unpaid charges for nursing home care for Medicaid recipients. $14,590.21

To pay Vari Care, Inc., doing business as Edgewater Care Center, for unpaid charges for nursing home care for Medicaid recipients. $1,560.28

To pay Josephine Godoy for warrant voided by statute of limitations.$10.00

To pay Quality Care of Waco for unpaid charges for nursing home care for Medicaid recipients.$396.91

To pay Dallas County Hospital District, doing business as Parkland Memorial Hospital, for warrant voided by statute of limitations. $16,239.93

To pay Silsbee Convalescent Center for unpaid charges for nursing home care for Medicaid recipients. $254.92

To pay Briarcliff Village Health Center for unpaid charges for nursing home care for Medicaid recipients. $1,816.28

To pay Spectrum Nursing Homes of Texas, doing business as Alamo Heights Manor, for unpaid charges for nursing home care for Medicaid recipients. $434.81

To pay Alvin Convalescent Center for unpaid charges for nursing home care for Medicaid recipients.$172.13

To pay Harlingen Good Samaritan Center for unpaid charges for nursing home care for Medicaid recipients. $4,092.32

To pay Mason Management Company, doing business as Village Care Center, for unpaid charges for nursing home care for Medicaid recipients. $2,440.83

To pay Southwest Care Center for unpaid charges for nursing home care for Medicaid recipients.$80.91

To pay David Gregg Johns, doing business as Pecos Nursing Home, for unpaid charges for nursing home care for Medicaid recipients. $71.24

To pay Four Seasons Nursing Center for unpaid charges for nursing home care for Medicaid recipients. $1,202.90

To pay the Texas Department of Mental Health and Mental Retardation for unpaid administrative services under Title XIX, federal Social Security Act. $1,114,592.00

To pay The Evangelical Lutheran Good Samaritan Society, doing business as McAllen Good Samaritan Center, for unpaid charges for nursing home care for Medicaid recipients. $2,296.84

To pay Brentwood Place Two for unpaid charges for nursing home care for Medicaid recipients.$409.50