Texas 2009 - 81st Regular

Texas House Bill HB4586 Compare Versions

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1	1	H.B. No. 4586
2	2
3	3
4	4	AN ACT
5	5	relating to making supplemental appropriations and reductions in
6	6	appropriations and giving direction and adjustment authority and
7	7	prescribing limitations regarding appropriations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. DEPARTMENT OF STATE HEALTH SERVICES: SWINE FLU.
10	10	In addition to amounts previously appropriated for the state fiscal
11	11	biennium ending August 31, 2009, the amount of $11,796,415 is
12	12	appropriated out of the general revenue fund to the Department of
13	13	State Health Services for the two-year period beginning on the
14	14	effective date of this Act for the purpose of paying for costs
15	15	associated with the swine flu.
16	16	SECTION 2. CANCER PREVENTION AND RESEARCH INSTITUTE:
17	17	OPERATIONS. (a) In addition to amounts previously appropriated
18	18	for the state fiscal biennium ending August 31, 2009, the amount of
19	19	$917,389 is appropriated out of the general revenue fund to the
20	20	Cancer Prevention and Research Institute for the two-year period
21	21	beginning on the effective date of this Act for the purpose of
22	22	providing for salaries and wages, travel, acquisition of
23	23	information technology, computers, furniture, legal counseling,
24	24	and contracts.
25	25	(b) In addition to the number of full-time equivalent
26	26	employees (FTEs) the Cancer Prevention and Research Institute is
27	27	authorized by other law to employ during the state fiscal year
28	28	ending August 31, 2009, the center may employ an additional 16.0
29	29	FTEs during that state fiscal year.
30	30	SECTION 3. TEXAS FACILITIES COMMISSION: UTILITY COSTS. (a)
31	31	In addition to amounts previously appropriated for the state fiscal
32	32	biennium ending August 31, 2009, the amount of $2,396,612 is
33	33	appropriated out of the general revenue fund to the Texas
34	34	Facilities Commission under Strategy C.2.1, Facilities Operation,
35	35	for the two-year period beginning on the effective date of this Act
36	36	for the purpose of providing for payment of increased utility costs
37	37	as a result of an increase in utility rates.
38	38	(b) Notwithstanding Article IX, Section 14.01,
39	39	Appropriation Transfers, or similar provisions of Chapter 1428
40	40	(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
41	41	General Appropriations Act), funds appropriated by this section may
42	42	not be transferred by the commission to another appropriation item
43	43	or be used by the commission for a purpose other than payment of
44	44	utility expenses without the prior written approval of the
45	45	Legislative Budget Board.
46	46	SECTION 4. TEXAS ETHICS COMMISSION: FREE MARKET ASSOCIATION
47	47	V. TEXAS ETHICS COMMISSION. In addition to amounts previously
48	48	appropriated for the state fiscal biennium ending August 31, 2009,
49	49	the amount of $188,349 is appropriated out of the general revenue
50	50	fund to the Texas Ethics Commission for the fiscal year ending
51	51	August 31, 2009, for the purpose of reimbursing the commission for
52	52	the payment of the judgment on October 2, 2008, in Free Market
53	53	Association of Texas v. Texas Ethics Commission in the United
54	54	States District Court for the Western District of Texas, Austin
55	55	Division.
56	56	SECTION 5. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION:
57	57	LORENZO DE ZAVALA BUILDING. In addition to amounts previously
58	58	appropriated for the state fiscal biennium ending August 31, 2009,
59	59	the amount of $1,894,676 is appropriated out of the general revenue
60	60	fund to the Texas State Library and Archives Commission for the
61	61	two-year period beginning on the effective date of this Act for the
62	62	purchase of furniture and shelving for the Lorenzo de Zavala
63	63	Building.
64	64	SECTION 6. PRESERVATION BOARD OR HISTORICAL COMMISSION:
65	65	RESTORATION OF THE GOVERNOR'S MANSION. Out of reimbursements
66	66	received from the Federal Emergency Management Agency for
67	67	expenditures that were paid for with funds transferred from the
68	68	Health and Human Services Commission to the Department of Public
69	69	Safety during the state fiscal year ending August 31, 2009, an
70	70	amount not to exceed $11,000,000 is appropriated for the two-year
71	71	period beginning on the effective date of this Act, in addition to
72	72	other amounts appropriated for the state fiscal biennium ending
73	73	August 31, 2009, for costs associated with the restoration of the
74	74	Governor's Mansion. The appropriation is to:
75	75	(1) the State Preservation Board, contingent on the
76	76	enactment and becoming law of S.B. 2307 or similar legislation by
77	77	the 81st Legislature in regular session that imposes responsibility
78	78	on the State Preservation Board for the preservation and
79	79	maintenance of the Governor's Mansion; or
80	80	(2) the Texas Historical Commission, if the 81st
81	81	Legislature in regular session does not enact S.B. 2307 or similar
82	82	legislation that becomes law that imposes responsibility on the
83	83	State Preservation Board for the preservation and maintenance of
84	84	the Governor's Mansion.
85	85	SECTION 7. HEALTH AND HUMAN SERVICES COMMISSION: RED LIGHT
86	86	CAMERA TRAUMA FUND. In addition to amounts previously appropriated
87	87	for the state fiscal biennium ending August 31, 2009, all revenue
88	88	deposited to the Regional Trauma Account 5137 (Red Light Camera
89	89	Trauma Fund) (estimated to be $6,712,284) is appropriated under
90	90	Strategy A.1.1, Enterprise Oversight and Policy, to the Health and
91	91	Human Services Commission for the state fiscal year ending August
92	92	31, 2009, to be used to reimburse uncompensated trauma care.
93	93	SECTION 8. TEXAS EDUCATION AGENCY: CRIMINAL HISTORY
94	94	BACKGROUND CHECKS. In addition to amounts previously appropriated
95	95	for the state fiscal biennium ending August 31, 2009, the amount of
96	96	$2,630,206 is appropriated out of the general revenue fund to the
97	97	Texas Education Agency for the two-year period beginning on the
98	98	effective date of this Act to conduct criminal history background
99	99	checks pursuant to Chapter 1372 (S.B. 9), Acts of the 80th
100	100	Legislature, Regular Session, 2007.
101	101	SECTION 9. TEXAS SOUTHERN UNIVERSITY: APPROPRIATION
102	102	REPURPOSING. (a) The unencumbered appropriations from the general
103	103	revenue fund appropriated to Texas Southern University for use
104	104	during the state fiscal biennium ending August 31, 2009, by Article
105	105	III, Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
106	106	Session, 2007 (the General Appropriations Act), under Strategy
107	107	B.1.2, Tuition Revenue Bond Retirement, are reduced by the amount
108	108	of $3,729,808.
109	109	(b) Notwithstanding any limitation made by Article III,
110	110	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
111	111	Session, 2007 (the General Appropriations Act), under Section 6(9)
112	112	of the Special Provisions Relating Only to State Agencies of Higher
113	113	Education, the amount of $3,729,808 is appropriated out of the
114	114	general revenue fund to Texas Southern University for the two-year
115	115	period beginning on the effective date of this Act for the purpose
116	116	of paying for, or reimbursing payments made for, costs incurred by
117	117	the university associated with damages caused by natural disasters
118	118	that occurred before the effective date of this Act during the state
119	119	fiscal biennium that began September 1, 2007.
120	120	SECTION 10. TEXAS SOUTHERN UNIVERSITY: ADMINISTRATIVE
121	121	EXPENSES. In addition to amounts previously appropriated for the
122	122	state fiscal biennium ending August 31, 2009, the amount of
123	123	$2,350,000 is appropriated out of the general revenue fund to Texas
124	124	Southern University for the two-year period beginning on the
125	125	effective date of this Act for administrative operation expenses.
126	126	SECTION 11. HIGHER EDUCATION GROUP INSURANCE
127	127	CONTRIBUTIONS. In addition to amounts previously appropriated for
128	128	the state fiscal biennium ending August 31, 2009, the following
129	129	amounts are appropriated out of the general revenue fund for the
130	130	two-year period beginning on the effective date of this Act to the
131	131	following community and junior colleges for the purpose of
132	132	restoring fiscal year 2009 proportional state contributions for
133	133	health benefits and providing a transitional adjustment sufficient
134	134	to set the restoration total for each institution at an amount equal
135	135	to the amount of the fiscal year 2009 higher education group
136	136	insurance contribution for each institution included in the line
137	137	item veto for Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
138	138	Regular Session, 2007 (the General Appropriations Act):
139	139	(1) $12,185,357 is appropriated out of the general
140	140	revenue fund to Alamo Community College;
141	141	(2) $1,574,860 is appropriated out of the general
142	142	revenue fund to Alvin Community College;
143	143	(3) $3,758,285 is appropriated out of the general
144	144	revenue fund to Amarillo College;
145	145	(4) $1,367,325 is appropriated out of the general
146	146	revenue fund to Angelina College;
147	147	(5) $7,164,544 is appropriated out of the general
148	148	revenue fund to Austin Community College;
149	149	(6) $3,054,600 is appropriated out of the general
150	150	revenue fund to Blinn College;
151	151	(7) $1,373,650 is appropriated out of the general
152	152	revenue fund to Brazosport College;
153	153	(8) $2,731,087 is appropriated out of the general
154	154	revenue fund to Central Texas College;
155	155	(9) $990,189 is appropriated out of the general
156	156	revenue fund to Cisco Junior College;
157	157	(10) $461,040 is appropriated out of the general
158	158	revenue fund to Clarendon College;
159	159	(11) $1,497,422 is appropriated out of the general
160	160	revenue fund to Coastal Bend College;
161	161	(12) $2,138,088 is appropriated out of the general
162	162	revenue fund to the College of the Mainland;
163	163	(13) $3,784,295 is appropriated out of the general
164	164	revenue fund to Collin County Community College;
165	165	(14) $15,758,341 is appropriated out of the general
166	166	revenue fund to the Dallas County Community College District;
167	167	(15) $4,018,340 is appropriated out of the general
168	168	revenue fund to Del Mar College;
169	169	(16) $6,182,391 is appropriated out of the general
170	170	revenue fund to El Paso Community College;
171	171	(17) $585,527 is appropriated out of the general
172	172	revenue fund to Frank Phillips College;
173	173	(18) $943,016 is appropriated out of the general
174	174	revenue fund to Galveston College;
175	175	(19) $1,468,952 is appropriated out of the general
176	176	revenue fund to Grayson County College;
177	177	(20) $954,181 is appropriated out of the general
178	178	revenue fund to Hill College;
179	179	(21) $10,278,053 is appropriated out of the general
180	180	revenue fund to Houston Community College;
181	181	(22) $1,813,685 is appropriated out of the general
182	182	revenue fund to Howard College;
183	183	(23) $2,129,068 is appropriated out of the general
184	184	revenue fund to Kilgore College;
185	185	(24) $3,342,228 is appropriated out of the general
186	186	revenue fund to Laredo Community College;
187	187	(25) $2,119,681 is appropriated out of the general
188	188	revenue fund to Lee College;
189	189	(26) $8,670,589 is appropriated out of the general
190	190	revenue fund to the Lone Star College System;
191	191	(27) $2,724,160 is appropriated out of the general
192	192	revenue fund to McLennan Community College;
193	193	(28) $2,065,163 is appropriated out of the general
194	194	revenue fund to Midland College;
195	195	(29) $1,470,933 is appropriated out of the general
196	196	revenue fund to Navarro College;
197	197	(30) $1,418,908 is appropriated out of the general
198	198	revenue fund to North Central Texas College;
199	199	(31) $874,764 is appropriated out of the general
200	200	revenue fund to Northeast Texas Community College;
201	201	(32) $1,963,198 is appropriated out of the general
202	202	revenue fund to Odessa College;
203	203	(33) $945,499 is appropriated out of the general
204	204	revenue fund to Panola College;
205	205	(34) $1,278,367 is appropriated out of the general
206	206	revenue fund to Paris Junior College;
207	207	(35) $474,991 is appropriated out of the general
208	208	revenue fund to Ranger College;
209	209	(36) $6,628,666 is appropriated out of the general
210	210	revenue fund to San Jacinto College;
211	211	(37) $3,338,955 is appropriated out of the general
212	212	revenue fund to South Plains College;
213	213	(38) $3,985,978 is appropriated out of the general
214	214	revenue fund to South Texas College;
215	215	(39) $1,666,736 is appropriated out of the general
216	216	revenue fund to Southwest Texas Junior College;
217	217	(40) $9,207,978 is appropriated out of the general
218	218	revenue fund to Tarrant County College;
219	219	(41) $1,330,783 is appropriated out of the general
220	220	revenue fund to Temple College;
221	221	(42) $1,667,329 is appropriated out of the general
222	222	revenue fund to Texarkana College;
223	223	(43) $1,706,940 is appropriated out of the general
224	224	revenue fund to Trinity Valley Community College;
225	225	(44) $3,361,192 is appropriated out of the general
226	226	revenue fund to Tyler Junior College;
227	227	(45) $1,120,729 is appropriated out of the general
228	228	revenue fund to Vernon College;
229	229	(46) $1,519,013 is appropriated out of the general
230	230	revenue fund to Victoria College;
231	231	(47) $1,397,289 is appropriated out of the general
232	232	revenue fund to Weatherford College;
233	233	(48) $694,843 is appropriated out of the general
234	234	revenue fund to Western Texas College; and
235	235	(49) $1,789,670 is appropriated out of the general
236	236	revenue fund to Wharton County Junior College.
237	237	SECTION 12. TEXAS FOREST SERVICE: VOLUNTEER FIRE DEPARTMENT
238	238	ASSISTANCE PROGRAM. In addition to amounts previously appropriated
239	239	for the state fiscal biennium ending August 31, 2009, the amount of
240	240	$2,500,000 is appropriated out of general revenue fund dedicated
241	241	account number 5064 to the Texas Forest Service for the two-year
242	242	period beginning on the effective date of this Act for grants to
243	243	volunteer fire departments for training and equipment through the
244	244	Volunteer Fire Department Assistance Program.
245	245	SECTION 13. UNIVERSITY OF TEXAS MEDICAL BRANCH: HIGHER
246	246	EDUCATION GROUP INSURANCE CONTRIBUTIONS. In addition to amounts
247	247	previously appropriated for the state fiscal biennium ending August
248	248	31, 2009, the amount of $500,000 is appropriated out of the general
249	249	revenue fund to The University of Texas Medical Branch at Galveston
250	250	for the two-year period beginning on the effective date of this Act
251	251	for additional contributions made to higher education group
252	252	insurance made on behalf of 47 full-time equivalent positions
253	253	transferred under a contract with the Texas Youth Commission from
254	254	the Texas Tech University Health Sciences Center to The University
255	255	of Texas Medical Branch.
256	256	SECTION 14. THE UNIVERSITY OF NORTH TEXAS SYSTEM:
257	257	REIMBURSEMENT FOR PLANNING AND DESIGN. In addition to amounts
258	258	previously appropriated for the state fiscal biennium ending August
259	259	31, 2009, the amount of $2,800,000 is appropriated out of the
260	260	general revenue fund to the University of North Texas System for the
261	261	two-year period beginning on the effective date of this Act for the
262	262	purpose of reimbursing the cost of planning and design for
263	263	construction of a second academic building at the Dallas campus.
264	264	The legislature finds there is a demonstrated need for undertaking
265	265	the planning and design process for this building.
266	266	SECTION 15. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
267	267	OPERATIONS. In addition to amounts previously appropriated for the
268	268	state fiscal biennium ending August 31, 2009, the amount of
269	269	$164,230,000 is appropriated out of the general revenue fund to the
270	270	Texas Department of Criminal Justice for the two-year period
271	271	beginning on the effective date of this Act for the purpose of
272	272	providing for salaries and wages, hazardous duty and longevity pay,
273	273	overtime pay, food for wards of the state, costs of damages
274	274	resulting from natural disasters, contracted temporary capacity,
275	275	utilities, information technology services, and fuel.
276	276	SECTION 16. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
277	277	CORRECTIONAL MANAGED HEALTH CARE. (a) In addition to amounts
278	278	previously appropriated for the state fiscal biennium ending August
279	279	31, 2009, the amount of $48,144,918 is appropriated out of the
280	280	general revenue fund to the Texas Department of Criminal Justice
281	281	for the two-year period beginning on the effective date of this Act
282	282	for the purpose of providing for correctional managed health and
283	283	psychiatric care, the use of infirmary beds at The University of
284	284	Texas Health Science Center at Tyler, outpatient cancer treatment,
285	285	and the rental of a CT scanner.
286	286	(b) Out of the funds appropriated in Subsection (a) of this
287	287	section, the Department of Criminal Justice and the Correctional
288	288	Managed Health Care Committee shall identify and evaluate
289	289	mechanisms to lower the cost of, or increase the quality of care in,
290	290	health or pharmacy services and submit a report to the Legislative
291	291	Budget Board and the governor no later than May 1, 2010.
292	292	SECTION 17. WATER DEVELOPMENT BOARD: MEDINA LAKE DAM.
293	293	Contingent on an interlocal agreement among interested parties,
294	294	including the Bexar-Medina-Atascosa Counties Water Control and
295	295	Improvement District No. 1, the Edwards Aquifer Authority, the
296	296	Bexar Metropolitan Water District and the San Antonio River
297	297	Authority, regarding repairs to the Lake Medina Dam, in addition to
298	298	amounts previously appropriated for the state fiscal biennium
299	299	ending August 31, 2009, the amount of $4,000,000 is appropriated
300	300	out of the general revenue fund to the Water Development Board for
301	301	the two-year period beginning on the effective date of this Act to
302	302	be transferred to the Water Assistance Fund to provide a grant to
303	303	the Bexar-Medina Atascosa Water Control and Improvement District #1
304	304	for structural improvements to the Medina Lake Dam.
305	305	SECTION 18. SOIL AND WATER CONSERVATION BOARD: MILEAGE
306	306	REIMBURSEMENT. In addition to amounts previously appropriated for
307	307	the state fiscal biennium ending August 31, 2009, the following
308	308	amounts are appropriated to the Soil and Water Conservation Board
309	309	for the two-year period beginning on the effective date of this Act
310	310	to provide mileage reimbursement for soil and water conservation
311	311	district directors:
312	312	(1) $54,664 is appropriated out of the general revenue
313	313	fund; and
314	314	(2) the unexpended and unencumbered balance of the
315	315	amounts appropriated by Section 19.63, Article IX, Chapter 1428
316	316	(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
317	317	General Appropriations Act).
318	318	SECTION 19. TEXAS DEPARTMENT OF TRANSPORTATION: HIGHWAY AND
319	319	BRIDGE CONSTRUCTION. In addition to amounts previously
320	320	appropriated for the state fiscal biennium ending August 31, 2009,
321	321	the amount of $662,200,000 is appropriated out of funds received
322	322	under the American Recovery and Reinvestment Act of 2009 (Pub. L.
323	323	No. 111-5) to the Texas Department of Transportation for the
324	324	two-year period beginning on the effective date of this Act for the
325	325	purpose of highway and bridge construction.
326	326	SECTION 20. RACING COMMISSION: REVENUE SHORTFALL. In
327	327	addition to amounts previously appropriated for the state fiscal
328	328	biennium ending August 31, 2009, the amount of $348,525 is
329	329	appropriated out of the general revenue fund to the Racing
330	330	Commission for the two-year period beginning on the effective date
331	331	of this Act for the purpose of providing for current operations as a
332	332	result of a revenue shortfall.
333	333	SECTION 21. APPROPRIATION REDUCTION: THE UNIVERSITY OF
334	334	HOUSTON. The unencumbered appropriations from the general revenue
335	335	fund appropriated to the University of Houston for use during the
336	336	state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
337	337	1), Acts of the 80th Legislature, Regular Session, 2007 (the
338	338	General Appropriations Act), by the Section 55 special item
339	339	appropriation for the University of Houston - Wind Energy under the
340	340	Special Provisions of Article III of that Act are reduced by
341	341	$4,245,244.
342	342	SECTION 22. THE UNIVERSITY OF HOUSTON: WIND ENERGY. In
343	343	addition to amounts previously appropriated for the state fiscal
344	344	biennium ending August 31, 2009, the amount of $4,245,244 is
345	345	appropriated out of the general revenue fund to the University of
346	346	Houston for the two-year period beginning on the effective date of
347	347	this Act for the purpose of developing and constructing the
348	348	National Large Wind Turbine Research and Testing Facility. The
349	349	legislature finds there is a demonstrated need to develop and
350	350	construct this facility.
351	351	SECTION 23. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT:
352	352	TRANSFERS. Notwithstanding the transfer limitations of Section
353	353	14.01, Article IX, or Rider 4 following the appropriations to the
354	354	Judiciary Section, Comptroller's Department, in Chapter 1428 (H.B.
355	355	1), Acts of the 80th Legislature, Regular Session, 2007 (the
356	356	General Appropriations Act), the Judiciary Section, Comptroller's
357	357	Department, may transfer appropriations among items of
358	358	appropriations appropriated by Chapter 1428 (H.B. 1), Acts of the
359	359	80th Legislature, Regular Session, 2007 (the General
360	360	Appropriations Act), in any amount during the state fiscal biennium
361	361	ending August 31, 2009. The Judiciary Section, Comptroller's
362	362	Department, may use any funds transferred under this section to pay
363	363	for personnel expenses of the 435th District Court in Montgomery
364	364	County.
365	365	SECTION 24. APPROPRIATION REDUCTION: OFFICE OF ATTORNEY
366	366	GENERAL. As a result of savings created by the American Recovery
367	367	and Reinvestment Act of 2009 (Pub. L. No. 111-5) in providing a
368	368	temporary exemption for the use of federal incentives to increase
369	369	federal funds, the unencumbered appropriations from the general
370	370	revenue fund appropriated to the Office of the Attorney General for
371	371	use during the state fiscal biennium ending August 31, 2009, by
372	372	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
373	373	Session, 2007 (the General Appropriations Act), under Strategy
374	374	B.1.1, Child Support Enforcement, are reduced by $27,300,000.
375	375	SECTION 25. APPROPRIATION REDUCTION: TEXAS TECH UNIVERSITY
376	376	HEALTH SCIENCES CENTER; HIGHER EDUCATION GROUP INSURANCE
377	377	CONTRIBUTIONS. The unencumbered appropriations from the general
378	378	revenue fund appropriated to the Texas Tech University Health
379	379	Sciences Center for use during the state fiscal biennium ending
380	380	August 31, 2009, by Chapter 1428 (H.B. 1), Acts of the 80th
381	381	Legislature, Regular Session, 2007 (the General Appropriations
382	382	Act), under the Article III appropriations for Higher Education
383	383	Employees Group Insurance Contributions (Strategy C.1.22, Texas
384	384	Tech University Health Sciences Center), are reduced by $500,000 to
385	385	reflect the transfer of 47 full-time equivalent employee positions
386	386	(FTEs) from the Texas Tech University Health Sciences Center to The
387	387	University of Texas Medical Branch at Galveston under a contract
388	388	with the Texas Youth Commission.
389	389	SECTION 26. APPROPRIATION REDUCTION: TEXAS EDUCATION
390	390	AGENCY. The unencumbered appropriations from the foundation school
391	391	fund appropriated to the Texas Education Agency for use during the
392	392	state fiscal biennium ending August 31, 2009, made by Chapter 1428
393	393	(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
394	394	General Appropriations Act), under Strategy A.1.1, FSP-Equalized
395	395	Operations, are reduced by $500,000,000.
396	396	SECTION 27. HEALTH AND HUMAN SERVICES COMMISSION:
397	397	RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
398	398	limitation on transfer among appropriation items prescribed by
399	399	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
400	400	Session, 2007 (the General Appropriations Act), for the fiscal year
401	401	ending August 31, 2009, but subject to the limitations prescribed
402	402	by Subsections (b)-(e) of this section, the Health and Human
403	403	Services Commission may allocate the amount appropriated by Section
404	404	52(1) of this Act among the items of appropriation listed under Goal
405	405	B, Medicaid.
406	406	(b) Any unexpended balances of general revenue funds
407	407	appropriated by Section 52(1) of this Act for the state fiscal year
408	408	ending August 31, 2009 (estimated to be $0), are appropriated to the
409	409	Health and Human Services Commission for the fiscal year beginning
410	410	September 1, 2009, for the purposes of Goal B, Medicaid, but the
411	411	amounts may be spent only with the prior approval of the Legislative
412	412	Budget Board and the governor obtained as prescribed by this
413	413	section.
414	414	(c) The commission shall submit a written request for prior
415	415	approval to the Legislative Budget Board and the governor and
416	416	concurrently provide a copy of the request to the comptroller. The
417	417	request for prior approval must be organized by fiscal year as
418	418	provided by this subsection. The commission shall provide the
419	419	following information:
420	420	(1) for the fiscal year with an unexpended balance:
421	421	(A) an explanation of the causes for the
422	422	unexpended balance;
423	423	(B) the amount of the unexpended balance by
424	424	strategy; and
425	425	(C) the associated incremental change in service
426	426	levels compared to applicable performance targets for that fiscal
427	427	year; and
428	428	(2) for the fiscal year receiving the funds:
429	429	(A) an explanation of the purposes for which the
430	430	unexpended balances will be used and whether the expenditures will
431	431	be one-time or ongoing;
432	432	(B) the amount of the expenditures by strategy;
433	433	(C) the incremental change in service levels
434	434	compared to applicable performance targets for that fiscal year;
435	435	and
436	436	(D) the capital budget impact.
437	437	(d) The request made under Subsection (c) of this section is
438	438	considered to be approved unless the Legislative Budget Board or
439	439	the governor issues a written disapproval on or before the 15th
440	440	business day after the date on which the staff of the Legislative
441	441	Budget Board concludes its review of the proposal to expend the
442	442	funds and forwards its review to the chair of the House
443	443	Appropriations Committee, chair of the Senate Finance Committee,
444	444	speaker of the house of representatives, and lieutenant governor.
445	445	(e) The comptroller may not allow the use of unexpended
446	446	balance amounts appropriated by this section if the Legislative
447	447	Budget Board provides notification to the comptroller that the
448	448	requirements of this section have not been satisfied.
449	449	SECTION 28. TEXAS EDUCATION AGENCY: APPROPRIATION
450	450	REDUCTION. The unencumbered appropriations from the general
451	451	revenue fund appropriated to the Texas Education Agency for use
452	452	during the state fiscal biennium ending August 31, 2009, made by
453	453	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
454	454	Session, 2007 (the General Appropriations Act), are reduced by the
455	455	following amounts:
456	456	(1) $19,251,340 from Strategy A.2.1, Student Success;
457	457	(2) $1,037,973 from Strategy A.2.4, School
458	458	Improvement and Support Programs;
459	459	(3) $108,007 from Strategy B.2.1, Educational
460	460	Technology; and
461	461	(4) $1,300,434 from Strategy B.2.2, Safe Schools.
462	462	SECTION 29. OFFICE OF ATTORNEY GENERAL: ADDITIONAL
463	463	APPROPRIATION. In addition to amounts previously appropriated for
464	464	the state fiscal biennium ending August 31, 2009, the amount of
465	465	$27,300,000 is appropriated out of funds received under the
466	466	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
467	467	to the Office of the Attorney General for the two-year period
468	468	beginning on the effective date of this Act for the purpose of
469	469	providing child support enforcement.
470	470	SECTION 30. AMERICAN RECOVERY AND REINVESTMENT ACT:
471	471	LIMITATION ON THE USE OF FUNDS. (a) None of the federal funds made
472	472	available under the American Recovery and Reinvestment Act (ARRA)
473	473	and appropriated by this Act may be expended for any purpose other
474	474	than those identified by this Act without prior approval of the
475	475	governor and Legislative Budget Board obtained in accordance with
476	476	this section and Section 34 of this Act.
477	477	(b) A state agency or institution receiving federal ARRA
478	478	funds appropriated by this Act shall notify the governor,
479	479	comptroller, Legislative Budget Board, and state auditor's office
480	480	whenever the federal government, including a federal agency, does
481	481	not approve an application by the agency or institution to spend the
482	482	federal ARRA funds in a particular manner. The notice may include a
483	483	proposed alternative use of the funds that the agency or
484	484	institution considers to be consistent with the purposes, as
485	485	identified by this Act, for which the funds may be used. Unless the
486	486	governor and the Legislative Budget Board issue a written
487	487	disapproval of a proposed alternative use within 15 business days
488	488	after receiving the notification of federal disapproval that
489	489	contains the proposed alternative use, the agency or institution
490	490	may expend the funds in accordance with the proposed alternative
491	491	use. If the governor and the Legislative Budget Board issue a
492	492	written disapproval of the proposed alternative use, the governor
493	493	and Legislative Budget Board may approve expenditure of the funds
494	494	in accordance with a modified alternative use identified by the
495	495	governor and the Legislative Budget Board.
496	496	(c) Before expending any federal ARRA funds appropriated by
497	497	this Act, each agency or institution shall notify the Legislative
498	498	Budget Board, the governor, and the comptroller of any changes in
499	499	federal law, rules, or regulations related to programs that receive
500	500	appropriations under this Act that could create a future fiscal
501	501	obligation to the state beyond the state fiscal year beginning
502	502	September 1, 2010. If after the 15th business day after
503	503	notification from the agency or institution the Legislative Budget
504	504	Board and the governor have not both issued a written disapproval of
505	505	the expenditure, the agency or institution may expend the funds.
506	506	(d) Each state agency or institution that receives federal
507	507	ARRA funds appropriated by this Act shall certify to the
508	508	Legislative Budget Board, the governor, and the comptroller how the
509	509	use of the funds or the programs receiving the funds comply with
510	510	applicable state law, federal law, rules, regulations, and other
511	511	relevant guidance, including any changes in guidance or
512	512	interpretation and any changes in information reported under this
513	513	section. The certification must include a statement that the
514	514	agency's chief executive and executive staff have knowledge of the
515	515	American Recovery and Reinvestment Act law and of federal agency
516	516	actions regarding that law and that those persons in their official
517	517	capacity accept responsibility that the agency's or institution's
518	518	use of federal ARRA funds appropriated by this Act comply with
519	519	applicable federal law, state law, rules, regulations, and relevant
520	520	guidance.
521	521	(e) The comptroller, in cooperation with the state auditor,
522	522	may prescribe and implement any payment and post-payment audit
523	523	procedures considered necessary to ensure compliance with this
524	524	section. The comptroller may provide consultation and training for
525	525	agencies and institutions prior to obligation or expenditure of
526	526	funds, and the comptroller shall provide technical assistance with
527	527	these matters as needed during the two-year period beginning with
528	528	the effective date of this Act. The comptroller shall coordinate
529	529	with the state auditor to ensure appropriate use of the funds
530	530	throughout the two-year period. Each state agency receiving
531	531	federal ARRA funds under this Act must comply with reporting
532	532	requirements prescribed by the comptroller and state auditor.
533	533	SECTION 31. AMERICAN RECOVERY AND REINVESTMENT ACT:
534	534	PRIORITY OF FUNDING. (a) To the extent allowed under the American
535	535	Recovery and Reinvestment Act (ARRA), from funds appropriated in
536	536	this Act, agencies and institutions shall give priority to
537	537	expenditures that do not recur beyond the two-year period that
538	538	begins on the effective date of this Act.
539	539	(b) To the extent allowed under ARRA, an agency or
540	540	institution may not create a liability that will cause the state to
541	541	make:
542	542	(1) repayment to the United States treasury
543	543	("clawback") of ARRA funds already expended in the event of a future
544	544	discontinuation of payments to the direct or indirect beneficiaries
545	545	of a program or strategy; or
546	546	(2) payments to direct or indirect beneficiaries of a
547	547	program or strategy in an amount that exceeds the amount of ARRA
548	548	funds actually received by the state from the United States
549	549	treasury.
550	550	SECTION 32. AMERICAN RECOVERY AND REINVESTMENT ACT:
551	551	INFORMATIONAL RIDER: REDUCTION IN GENERAL. The amounts of general
552	552	revenue reductions shown in certain agency appropriations in this
553	553	Act are in accordance with Title V, State Fiscal Relief, American
554	554	Recovery and Reinvestment Act.
555	555	SECTION 33. AMERICAN RECOVERY AND REINVESTMENT ACT: FMAP
556	556	ALLOCATIONS. Appropriations made by this Act to the Health and
557	557	Human Services Commission for Medicaid Enhanced FMAP shall be
558	558	allocated by the commission to affected agencies. The commission
559	559	shall submit a plan for that allocation to the Legislative Budget
560	560	Board and the governor not later than the 30th day after the
561	561	effective date of this Act.
562	562	SECTION 34. AMERICAN RECOVERY AND REINVESTMENT ACT:
563	563	REPORTING REQUIREMENTS. (a) Each state agency and institution of
564	564	higher education receiving appropriations under this Act or under
565	565	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
566	566	Session, 2007 (the General Appropriations Act), shall develop and
567	567	submit a plan to the Legislative Budget Board and the governor
568	568	providing details on the entity's intended use of appropriations
569	569	received from money available under the American Recovery and
570	570	Reinvestment Act (ARRA). The plan shall include a summary of any
571	571	ARRA funds spent, allocated, or encumbered on or before August 31,
572	572	2009. The report shall be delivered not later than September 30,
573	573	2009. Unless the Legislative Budget Board and the governor issue a
574	574	written disapproval of proposed expenditures under the plan within
575	575	15 business days after September 30, 2009, the agency or
576	576	institution may expend the funds in accordance with the plan,
577	577	subject to Section 30 of this Act.
578	578	(b) Each of the agencies and institutions receiving
579	579	appropriations under this Act shall submit quarterly reports on the
580	580	expenditure of funds received from money available under the
581	581	American Recovery and Reinvestment Act (ARRA). The report shall be
582	582	in the format prescribed by the Legislative Budget Board and must
583	583	include the estimated number of jobs that will be created or
584	584	retained in this state and the number of full-time equivalent
585	585	positions that will be created at the agency or institution. The
586	586	quarterly reports must be submitted on or before December 31, March
587	587	31, June 30, and September 30 of each year to the governor,
588	588	Legislative Budget Board, state auditor's office, and comptroller.
589	589	(c) Each agency or institution that receives funds from
590	590	money available under the American Recovery and Reinvestment Act
591	591	and that provides reports to the Legislative Budget Board and
592	592	federal agencies regarding funding received from that money shall
593	593	post on the agency's or institution's Internet website the agency's
594	594	or institution's ARRA report and provide a link to the state
595	595	auditor's office fraud hotline.
596	596	SECTION 35. AMERICAN RECOVERY AND REINVESTMENT ACT:
597	597	LEGISLATIVE INTENT. It is the intent of the legislature that all
598	598	American Recovery and Reinvestment Act funding appropriated by this
599	599	Act or by Senate Bill 1, Acts of the 81st Legislature, Regular
600	600	Session, 2009 (the General Appropriations Act), be allocated as
601	601	prescribed in each respective Act.
602	602	SECTION 36. DEPARTMENT OF AGING AND DISABILITY SERVICES:
603	603	LIMITATION ON CASELOADS. From amounts appropriated by Chapter 1428
604	604	(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
605	605	General Appropriations Act), for the fiscal year ending August 31,
606	606	2009, the Department of Aging and Disability Services may not at any
607	607	time during the period beginning on the effective date of this Act
608	608	and ending August 31, 2009, exceed the following limitations on the
609	609	total number of clients served under the following appropriation
610	610	items:
611	611	(1) 26,400 clients under Strategy A.3.1, Community
612	612	Based Alternatives (CBA);
613	613	(2) 15,629 clients under Strategy A.3.2, Home and
614	614	Community-based Services (HCS);
615	615	(3) 4,199 clients under Strategy A.3.3, Community
616	616	Living Assistance and Support Services (CLASS);
617	617	(4) 154 clients under Strategy A.3.4, Deaf-blind
618	618	Multiple Disabilities (DBMD);
619	619	(5) 2,745 clients under Strategy A.3.5, Medically
620	620	Dependent Children Program (MDCP);
621	621	(6) 160 clients under Strategy A.3.6, Consolidated
622	622	Waiver Program;
623	623	(7) 994 clients under Strategy A.3.7, Texas Home
624	624	Living Waiver;
625	625	(8) 39,005 clients under Strategy A.4.1, Non-Medicaid
626	626	Services;
627	627	(9) 13,109 clients under Strategy A.4.2, MR Community
628	628	Services;
629	629	(10) 5,442 clients under Strategy A.4.4, In-Home and
630	630	Family Support;
631	631	(11) 3,060 clients under Strategy A.4.5, Mental
632	632	Retardation In-Home Services; and
633	633	(12) 902 clients under Strategy A.5.1, Program of
634	634	All-Inclusive Care for the Elderly (PACE).
635	635	SECTION 37. HEALTH AND HUMAN SERVICES COMMISSION: TRANSFER
636	636	OF FUNDS APPROPRIATED FOR CHIP SERVICES. Notwithstanding any
637	637	provision of another Act making appropriations to the contrary, the
638	638	Health and Human Services Commission, without the necessity of
639	639	prior approval by another office or entity, may transfer funds
640	640	appropriated to the commission under Goal C, CHIP Services, or Goal
641	641	B, Medicaid by Chapter 1428 (H.B. 1) Acts of the 80th Legislature,
642	642	Regular Session, 2007 (the General Appropriations Act) between Goal
643	643	C, CHIP Services and Goal B, Medicaid, for the fiscal year ending
644	644	August 31, 2009.
645	645	SECTION 38. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
646	646	SERVICES: APPROPRIATION REDUCTION. The unencumbered
647	647	appropriations made by Chapter 1428 (H.B. 1), Acts of the 80th
648	648	Legislature, Regular Session, 2007 (the General Appropriations
649	649	Act), from the general revenue fund for Vocational Rehabilitation
650	650	(Fund 8007) to the Department of Assistive and Rehabilitative
651	651	Services for use during the state fiscal biennium ending August 31,
652	652	2009, under Strategy B.3.1, Vocational Rehabilitation-General, are
653	653	reduced by $2,931,371.
654	654	SECTION 39. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
655	655	APPROPRIATION REDUCTION AND RELATED TRANSFER AUTHORITY. (a) The
656	656	unencumbered appropriations from the general revenue fund
657	657	appropriated to the Department of Family and Protective Services
658	658	for use during the state fiscal biennium ending August 31, 2009,
659	659	made by Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
660	660	Session, 2007 (the General Appropriations Act), are reduced by the
661	661	following amounts:
662	662	(1) $3,961,399 under Strategy A.2.1, CPS Direct
663	663	Delivery Staff;
664	664	(2) $1,769,065 under Strategy A.2.12, STAR Program;
665	665	(3) $1,100,000 under Strategy A.2.13, CYD Program; and
666	666	(4) $1,368,000 under Strategy A.2.16, Other At-Risk
667	667	Prevention Programs.
668	668	(b) Notwithstanding any limitation on transfer among
669	669	appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
670	670	the 80th Legislature, Regular Session, 2007 (the General
671	671	Appropriations Act), for the fiscal year ending August 31, 2009,
672	672	the Department of Family and Protective Services may transfer
673	673	federal funds from the following items of appropriation to Strategy
674	674	A.2.1, CPS Direct Delivery Staff:
675	675	(1) Strategy A.2.12, STAR Program;
676	676	(2) Strategy A.2.13, CYD Program;
677	677	(3) Strategy A.2.14, Texas Families Program; and
678	678	(4) Strategy A.2.16, Other At-Risk Prevention
679	679	Programs.
680	680	SECTION 40. HEALTH AND HUMAN SERVICES COMMISSION: TEMPORARY
681	681	ASSISTANCE TO NEEDY FAMILIES GRANTS. Notwithstanding any provision
682	682	of Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
683	683	Session, 2007 (the General Appropriations Act), the Health and
684	684	Human Services Commission may use current unexpended TANF balances
685	685	for the purpose of funding an additional $75 one-time grant for a
686	686	total of $105 in the state fiscal year ending August 31, 2009, for
687	687	each TANF child in an effort to maximize funds received by this
688	688	state under the American Recovery and Reinvestment Act of 2009.
689	689	SECTION 41. TEXAS YOUTH COMMISSION: RESTORATION OF TRANSFER
690	690	AUTHORITY. Notwithstanding any limitation on transfers among
691	691	appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
692	692	the 80th Legislature, Regular Session, 2007 (the General
693	693	Appropriations Act), the Texas Youth Commission may transfer an
694	694	amount not to exceed $5,589,975 from Strategy A.1.3, Contracted
695	695	Capacity, to Strategy A.1.2, Institutional Services.
696	696	SECTION 42. DEPARTMENT OF AGING AND DISABILITY SERVICES:
697	697	APPROPRIATION REDUCTION. As a result of savings created by the
698	698	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
699	699	the unencumbered appropriations from the general revenue fund
700	700	appropriated to the Department of Aging and Disability Services for
701	701	use during the state fiscal biennium ending August 31, 2009, by
702	702	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
703	703	Session, 2007 (the General Appropriations Act) under Strategy
704	704	A.6.1, Nursing Facility Payments, are reduced by $473,774,915.
705	705	SECTION 43. DEPARTMENT OF AGING AND DISABILITY SERVICES:
706	706	RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
707	707	limitation on transfer among appropriation items prescribed by
708	708	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
709	709	Session, 2007 (the General Appropriations Act), the Department of
710	710	Aging and Disability Services for the fiscal year ending August 31,
711	711	2009, may allocate the reduction in appropriations under Section 42
712	712	of this Act among the items of appropriation listed by Subsection
713	713	(c) of this section.
714	714	(b) Notwithstanding any limitation on transfer among
715	715	appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
716	716	the 80th Legislature, Regular Session, 2007 (the General
717	717	Appropriations Act), the Department of Aging and Disability
718	718	Services for the fiscal year ending August 31, 2009, may allocate
719	719	the additional amount appropriated under Section 49 of this Act
720	720	among the items of appropriation listed by Subsection (c) of this
721	721	section.
722	722	(c) The Department of Aging and Disability Services may
723	723	allocate the additional and reduced amounts appropriated as
724	724	described by Subsections (a) and (b) of this section among the
725	725	following items of appropriation:
726	726	(1) A.2.1, Primary Home Care;
727	727	(2) A.2.2, Community Attendant Services;
728	728	(3) A.2.3, Day Activity and Health Services (DAHS);
729	729	(4) A.3.1, Community-based Alternatives (CBA);
730	730	(5) A.3.2, Home and Community-based Services (HCS);
731	731	(6) A.3.3, Community Living Assistance and Support
732	732	Services (CLASS);
733	733	(7) A.3.4, Deaf-blind Multiple Disabilities (DBMD);
734	734	(8) A.3.5, Medically Dependent Children Program
735	735	(MDCP);
736	736	(9) A.3.6, Consolidated Waiver Program;
737	737	(10) A.3.7, Texas Home Living Waiver;
738	738	(11) A.5.1, Program of All-Inclusive Care for the
739	739	Elderly (PACE);
740	740	(12) A.6.1, Nursing Facility Payments;
741	741	(13) A.6.2, Medicare Skilled Nursing Facility;
742	742	(14) A.6.3, Hospice;
743	743	(15) A.6.4, Promoting Independence by Providing
744	744	Community-based Client Services;
745	745	(16) A.7.1, Intermediate Care Facilities - Mental
746	746	Retardation (ICF/MR); and
747	747	(17) A.8.1, MR State Schools Services.
748	748	SECTION 44. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
749	749	SECURITY EQUIPMENT. (a) In addition to amounts previously
750	750	appropriated for the state fiscal biennium ending August 31, 2009,
751	751	the amount of $10,000,000 is appropriated out of the general
752	752	revenue fund to the Texas Department of Criminal Justice for the
753	753	two-year period beginning on the effective date of this Act for the
754	754	purpose of purchasing correctional security equipment.
755	755	(b) In addition to the capital budget authority previously
756	756	granted for the state fiscal biennium ending August 31, 2009, the
757	757	Department of Criminal Justice may use $10,000,000 in capital
758	758	budget authority for an additional capital budget item for the
759	759	acquisition of capital equipment and items.
760	760	SECTION 45. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
761	761	APPROPRIATION REDUCTION. As a result of savings created by the
762	762	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
763	763	the unencumbered amounts appropriated from the general revenue fund
764	764	to the Department of Family and Protective Services for use during
765	765	the state fiscal biennium ending August 31, 2009, by Chapter 1428
766	766	(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
767	767	General Appropriations Act), are reduced by the following amounts:
768	768	(1) $10,976,561 under Strategy A.2.10, Foster Care
769	769	Payments; and
770	770	(2) $7,565,224 under Strategy A.2.11, Adoption
771	771	Subsidy Payments.
772	772	SECTION 46. HEALTH AND HUMAN SERVICES COMMISSION:
773	773	APPROPRIATION REDUCTION. As a result of savings created by the
774	774	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
775	775	the unencumbered amounts appropriated from the general revenue fund
776	776	to the Health and Human Services Commission for use during the state
777	777	fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B. 1),
778	778	Acts of the 80th Legislature, Regular Session, 2007 (the General
779	779	Appropriations Act), under Strategy B.1.4, Children and Medically
780	780	Needy, are reduced by $1,127,526,993.
781	781	SECTION 47. HEALTH AND HUMAN SERVICES COMMISSION:
782	782	RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
783	783	limitation on transfer among appropriation items prescribed by
784	784	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
785	785	Session, 2007 (the General Appropriations Act), the Health and
786	786	Human Services Commission for the fiscal year ending August 31,
787	787	2009, may allocate the reduction in appropriations under Section 46
788	788	of this Act among the items of appropriation listed under Goal B,
789	789	Medicaid.
790	790	(b) Notwithstanding any limitation on transfer among
791	791	appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
792	792	the 80th Legislature, Regular Session, 2007 (the General
793	793	Appropriations Act), the Health and Human Services Commission for
794	794	the fiscal year ending August 31, 2009, may allocate the additional
795	795	amount appropriated under Section 52(2) of this Act among the items
796	796	of appropriation listed under Goal B, Medicaid.
797	797	SECTION 48. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
798	798	APPROPRIATION REDUCTION. The unencumbered amounts appropriated to
799	799	the Department of Family and Protective Services for use during the
800	800	state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
801	801	1), Acts of the 80th Legislature, Regular Session, 2007 (the
802	802	General Appropriations Act), under Strategy A.2.10, Foster Care
803	803	Payments, are reduced by the following amounts:
804	804	(1) $24,041,141 out of the general revenue fund
805	805	appropriations for that strategy; and
806	806	(2) $25,534,391 out of the federal funds (TANF)
807	807	appropriations for that strategy.
808	808	SECTION 49. DEPARTMENT OF AGING AND DISABILITY SERVICES:
809	809	ADDITIONAL APPROPRIATIONS. In addition to amounts previously
810	810	appropriated for the state fiscal biennium ending August 31, 2009,
811	811	the amount of $74,351,306 is appropriated out of the general
812	812	revenue fund to the Department of Aging and Disability Services
813	813	under Strategy A.6.1, Nursing Facility Payments, for the fiscal
814	814	year ending August 31, 2009.
815	815	SECTION 50. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
816	816	ADDITIONAL APPROPRIATIONS. In addition to amounts previously
817	817	appropriated for the state fiscal biennium ending August 31, 2009,
818	818	the Department of Family and Protective Services is appropriated
819	819	for the fiscal year ending August 31, 2009, the following amounts
820	820	for the following purposes:
821	821	(1) $7,211,846 from the general revenue fund under
822	822	Strategy A.2.11, Adoption Subsidy Payments;
823	823	(2) $6,657,839 from the general revenue fund under
824	824	Strategy C.1.1, CPS Reform Continued;
825	825	(3) $3,732,979 in federal funds (TANF) under Strategy
826	826	C.1.1, CPS Reform Continued;
827	827	(4) $14,248,456 from the general revenue fund under
828	828	Strategy A.3.1, APS Direct Delivery Staff, for the loss of Medicaid
829	829	federal funds;
830	830	(5) $18,620,948 in federal funds (TANF) under Strategy
831	831	A.2.1, CPS Direct Delivery Staff, for enterprise support services;
832	832	and
833	833	(6) $6,693,100 from the general revenue fund under
834	834	Strategy A.2.3, TWC Foster Day Care.
835	835	SECTION 51. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
836	836	RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
837	837	limitation on transfer among appropriation items prescribed by
838	838	Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
839	839	Session, 2007 (the General Appropriations Act), for the fiscal year
840	840	ending August 31, 2009, the Department of Family and Protective
841	841	Services may allocate any amounts appropriated in Sections 50(4)
842	842	and 50(5) of this Act among the following items of appropriation:
843	843	(1) Strategy A.1.1, Statewide Intake Services;
844	844	(2) Strategy A.2.1, CPS Direct Delivery Staff;
845	845	(3) Strategy A.2.2, CPS Program Support;
846	846	(4) Strategy A.3.1, APS Direct Delivery Staff;
847	847	(5) Strategy A.3.2, APS Program Support;
848	848	(6) Strategy A.3.3, MH and MR Investigations;
849	849	(7) Strategy A.4.1, Child Care Regulation;
850	850	(8) Strategy B.1.1, Central Administration;
851	851	(9) Strategy B.1.2, Other Support Services;
852	852	(10) Strategy B.1.3, Regional Administration; and
853	853	(11) Strategy B.1.4, IT Program Support.
854	854	(b) Notwithstanding any limitation on transfer among
855	855	appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
856	856	the 80th Legislature, Regular Session, 2007 (the General
857	857	Appropriations Act), the Department of Family and Protective
858	858	Services for the fiscal year ending August 31, 2009, may transfer to
859	859	Strategy A.2.4, TWC Protective Day Care, amounts appropriated by
860	860	Section 50(6) of this Act to Strategy A.2.3, TWC Foster Day Care.
861	861	SECTION 52. HEALTH AND HUMAN SERVICES COMMISSION:
862	862	ADDITIONAL APPROPRIATIONS. In addition to amounts previously
863	863	appropriated for the state fiscal biennium ending August 31, 2009,
864	864	the Health and Human Services Commission is appropriated for the
865	865	fiscal year ending August 31, 2009, the following amounts for the
866	866	following purposes:
867	867	(1) $759,113,979 from the general revenue fund under
868	868	Goal B, Medicaid; and
869	869	(2) $323,850,650 from the general revenue fund under
870	870	Strategy B.2.3, Medicare Federal Give Back.
871	871	SECTION 53. DEPARTMENT OF STATE HEALTH SERVICES: REMOVAL OF
872	872	CERTAIN LIMITATIONS. (a) In order to meet an expected shortfall
873	873	within the mental health hospital system, the limitations
874	874	prescribed by the following provisions of Chapter 1428 (H.B. 1),
875	875	Acts of the 80th Legislature, Regular Session, 2007 (the General
876	876	Appropriations Act), do not limit appropriations made to the
877	877	Department of State Health Services for the fiscal year ending
878	878	August 31, 2009:
879	879	(1) Section 8.03(e), Article IX (Reimbursements and
880	880	Payments);
881	881	(2) Section 14.01, Article IX (Appropriation
882	882	Transfers);
883	883	(3) Section 49, Article II, Special Provisions,
884	884	Contingent Appropriation of Medicare Part D Savings;
885	885	(4) Rider 46, State Owned Multicategorical Teaching
886	886	Hospital Account (UTMB), following the appropriations to the
887	887	Department of State Health Services; and
888	888	(5) Rider 55, County Indigent Health Care, following
889	889	the appropriations to the Department of State Health Services.
890	890	(b) The Department of State Health Services shall report to
891	891	the Legislative Budget Board not later than October 1, 2009,
892	892	regarding each instance in which the Department of State Health
893	893	Services transferred funds to meet the shortfall within the mental
894	894	health hospital system. The report shall include at a minimum the
895	895	items of appropriation from which the funds were transferred, the
896	896	items of appropriation to which the funds were transferred, the
897	897	amount and method of finance of funds used in each transfer, and any
898	898	other information requested by the Legislative Budget Board.
899	899	SECTION 54. HEALTH AND HUMAN SERVICES COMMISSION:
900	900	ADDITIONAL FEDERAL MEDICAID FUNDING. In addition to amounts
901	901	previously appropriated for the state fiscal biennium ending August
902	902	31, 2009, the amount of $1,619,843,693 is appropriated out of funds
903	903	received under the American Recovery and Reinvestment Act of 2009
904	904	(Pub. L. No. 111-5) to the Health and Human Services Commission for
905	905	the two-year period beginning on the effective date of this Act for
906	906	the purpose of increased federal funding for Medicaid and foster
907	907	care/adoption subsidies.
908	908	SECTION 55. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
909	909	NATURAL DISASTERS. (a) The following amounts are appropriated out
910	910	of the general revenue fund to the following agencies and
911	911	institutions of higher education for the two-year period beginning
912	912	on the effective date of this Act for the purpose of paying for, or
913	913	reimbursing payments made for, costs incurred by the agencies or
914	914	institutions associated with damages or disruptions caused by
915	915	natural disasters that occurred before the effective date of this
916	916	Act during the state fiscal biennium that began September 1, 2007:
917	917	(1) UT Medical Branch at Galveston: $150,000,000;
918	918	(2) Brazosport College: $120,111;
919	919	(3) Parks and Wildlife Department: $12,000,000;
920	920	(4) UT M.D. Anderson Cancer Center: $1,725,995;
921	921	(5) Alvin College: $2,358,771;
922	922	(6) Texas A&M Galveston: $6,200,000;
923	923	(7) Texas Forest Service: $385,091;
924	924	(8) Houston Community College: $1,507,670;
925	925	(9) Commission on Environmental Quality: $4,600,000;
926	926	(10) San Jacinto College: $3,045,820;
927	927	(11) Galveston College: $407,406;
928	928	(12) Texas Engineering Extension Service: $1,200,000;
929	929	(13) Adjutant General's Department: $1,244,007;
930	930	(14) The University of Texas at Brownsville:
931	931	$1,200,000;
932	932	(15) Lamar University: $2,803,561;
933	933	(16) Lamar Institute of Technology: $2,007,758;
934	934	(17) Lamar State College: Port Arthur: $829,530;
935	935	(18) Texas Southern University: $9,720,192;
936	936	(19) College of the Mainland: $176,236;
937	937	(20) The University of Texas Pan American: $102,258;
938	938	(21) The University of Texas Health Center at Tyler:
939	939	$1,461,557;
940	940	(22) The University of Texas Health Science Center at
941	941	Houston: $1,000,000;
942	942	(23) University of Houston System Administration:
943	943	$7,339,000;
944	944	(24) Texas State Technical College: Harlingen:
945	945	$904,558;
946	946	(25) Lamar State College: Orange: $600,000;
947	947	(26) Prairie View A&M University: $488,864;
948	948	(27) Lee College: $137,554; and
949	949	(28) Department of Agriculture: $20,000,000.
950	950	(b) For each appropriation made to an entity by this section
951	951	in an amount that exceeds $5,000,000, the comptroller shall
952	952	separately account for expenditures from that item of appropriation
953	953	and for reimbursements to the general revenue fund made in
954	954	connection with that item of appropriation in accordance with
955	955	Section 62 of this Act by creating, for accounting purposes, a
956	956	separate account within the general revenue fund. Expenditures
957	957	from each item of appropriation subject to this section shall be
958	958	made from the separate account created for that item and
959	959	reimbursements to the general revenue fund made in connection with
960	960	that item of appropriation in accordance with Section 62 of this Act
961	961	shall be deposited to that separate account. It is the intent of
962	962	the 81st Legislature that the 82nd Legislature appropriate for
963	963	further recovery efforts from the natural disaster that are still
964	964	being made or paid for by the entity that received the appropriation
965	965	any money received as reimbursements to the general revenue fund in
966	966	connection with the appropriation to that entity and separately
967	967	accounted for in accordance with this subsection.
968	968	(c) The amount appropriated by this section to UT Medical
969	969	Branch at Galveston may be spent only to provide matching funds for
970	970	FEMA qualifying projects, except that if that amount cannot be
971	971	prudently and effectively spent in that manner, the remainder of
972	972	the $150,000,000 appropriation may be spent only with the prior
973	973	written approval of the Legislative Budget Board.
974	974	(d) The amounts appropriated by this section to the
975	975	Department of Agriculture shall be spent to compensate the Texas
976	976	Boll Weevil Eradication Foundation for a portion of the
977	977	foundation's increased expenses incurred because of Hurricane Ike
978	978	and Hurricane Dolly. The Texas Boll Weevil Eradication Foundation
979	979	and the Department of Agriculture must approve the allocation of
980	980	funds appropriated by this section to each eligible boll weevil
981	981	eradication zone. The Department of Agriculture shall remit the
982	982	amounts appropriated by this section to the Texas Boll Weevil
983	983	Eradication Foundation, and the foundation shall credit the funds
984	984	to the accounts of the following boll weevil eradication zones:
985	985	(1) Southern Blacklands;
986	986	(2) Northern Blacklands;
987	987	(3) Upper Coastal Bend;
988	988	(4) South Texas/Winter Garden; and
989	989	(5) Lower Rio Grande Valley.
990	990	SECTION 56. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
991	991	WILDFIRES. The amount of $31,478,218 is appropriated out of the
992	992	general revenue fund to the Texas Forest Service for the two-year
993	993	period beginning on the effective date of this Act for the purpose
994	994	of paying for, or reimbursing payments made for, costs incurred by
995	995	the Texas Forest Service associated with wildfires that occurred
996	996	before the effective date of this Act during the state fiscal
997	997	biennium that began September 1, 2007.
998	998	SECTION 57. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
999	999	FLOODING. The amount of $69,339 is appropriated out of the general
1000	1000	revenue fund to the Texas Forest Service for the two-year period
1001	1001	beginning on the effective date of this Act for the purpose of
1002	1002	paying for, or reimbursing payments made for, costs incurred by the
1003	1003	forest service associated with flooding that occurred before the
1004	1004	effective date of this Act during the state fiscal biennium that
1005	1005	began September 1, 2007.
1006	1006	SECTION 58. CERTAIN APPROPRIATIONS FOR DISASTER RELIEF.
1007	1007	(a) The amount of $62 million is appropriated out of the general
1008	1008	revenue fund to the Trusteed Programs within the Office of the
1009	1009	Governor for the two-year period beginning on the effective date of
1010	1010	this Act for the purpose of providing disaster relief in accordance
1011	1011	with this section. The prior approval of the Legislative Budget
1012	1012	Board given or considered to be given as provided by this subsection
1013	1013	is required to expend funds for the purpose of providing
1014	1014	reimbursements for post disaster recovery expenditures. The
1015	1015	Governor's Division of Emergency Management shall provide
1016	1016	information regarding proposed expenditures of funds for this
1017	1017	purpose to the Legislative Budget Board in a format provided by the
1018	1018	board. If the Legislative Budget Board does not disapprove a
1019	1019	proposed reimbursement for post disaster recovery expenditures
1020	1020	within 10 days of receiving the required information, the proposed
1021	1021	expenditure is considered automatically approved.
1022	1022	(b) The amounts appropriated by Subsection (a) of this
1023	1023	section may be transferred to the disaster contingency fund and
1024	1024	expended out of the disaster contingency fund only serially as
1025	1025	conditions warrant.
1026	1026	(c) Out of amounts appropriated in Subsection (a) of this
1027	1027	section, it is the intent of the legislature that $1,508,450 be used
1028	1028	to pay for air ambulance services in connection with emergency
1029	1029	evacuation operations during Hurricane Rita conducted from
1030	1030	September 21 through September 29, 2005.
1031	1031	(d) Out of amounts appropriated by Subsection (a) of this
1032	1032	section, it is the intent of the legislature that the governor
1033	1033	coordinate with the Texas Education Agency to reimburse eligible
1034	1034	school districts in an aggregate amount not to exceed $10 million
1035	1035	for qualifying disaster remediation costs.
1036	1036	(e) Out of amounts appropriated by Subsection (a) of this
1037	1037	section, it is the intent of the legislature that the Governor's
1038	1038	Division of Emergency Management shall reimburse the Texas
1039	1039	Engineering Extension Service for costs incurred in connection with
1040	1040	the response of the Texas Task Force 1 to certain flooding.
1041	1041	(f) Out of amounts appropriated by Subsection (a) of this
1042	1042	section, it is the intent of the legislature that the Governor's
1043	1043	Division of Emergency Management may reimburse the General Land
1044	1044	Office for repairs made to the protective dune system for County
1045	1045	Road 257.
1046	1046	SECTION 59. UNIVERSITY OF TEXAS AT AUSTIN: HOLD HARMLESS.
1047	1047	(a) In addition to amounts previously appropriated for the state
1048	1048	fiscal biennium ending August 31, 2009, the amount of $9,902,630 is
1049	1049	appropriated out of the general revenue fund to The University of
1050	1050	Texas at Austin for the two-year period beginning on the effective
1051	1051	date of this Act for the purpose of providing The University of
1052	1052	Texas the 2008-2009 biennium formula hold harmless amount.
1053	1053	(b) From appropriations made by Subsection (a) of this
1054	1054	section, The University of Texas at Austin shall direct the amount
1055	1055	of $700,000 to the Marine Science Institute to support the National
1056	1056	Estuarine Research Reserve.
1057	1057	SECTION 60. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
1058	1058	GOVERNOR: DEBRIS REMOVAL. In addition to amounts previously
1059	1059	appropriated for the state fiscal biennium ending August 31, 2009,
1060	1060	the amount of $16,565,040 is appropriated out of the general
1061	1061	revenue fund to the Trusteed Programs within the Office of the
1062	1062	Governor for the two-year period beginning on the effective date of
1063	1063	this Act for the Governor's Division of Emergency Management to
1064	1064	remove debris from Harris County, Jefferson County, Chambers
1065	1065	County, Brazoria County, Galveston County, and the City of Houston.
1066	1066	SECTION 61. TEXAS STATE UNIVERSITY SYSTEM: DISASTER
1067	1067	RECOVERY REIMBURSEMENTS. It is the intent of the legislature that
1068	1068	all funds received after the effective date of this Act by the Texas
1069	1069	State University System or its component institutions for
1070	1070	reimbursement of disaster recovery related expenditures associated
1071	1071	with Hurricane Katrina and Hurricane Rita shall be immediately
1072	1072	deposited to the credit of unappropriated general revenue. These
1073	1073	funds include, but are not limited to, an estimated $9,100,000 in
1074	1074	Federal Emergency Management Agency (FEMA) reimbursements.
1075	1075	SECTION 62. REIMBURSEMENT TO GENERAL REVENUE FUND. (a) If
1076	1076	any state agency or institution of higher education receives
1077	1077	reimbursement from the federal government, an insurer, or another
1078	1078	source for an expenditure paid for or reimbursed under Sections 9,
1079	1079	15, 52, 55, 56, or 57 of this Act, the agency or institution shall
1080	1080	reimburse the state in an amount equal to the general revenue funds
1081	1081	expended for damages that is proportional to the total expenditures
1082	1082	for damages described under Sections 9, 15, 52, 55, 56, or 57 of
1083	1083	this Act, and that amount shall be deposited to the credit of the
1084	1084	general revenue fund.
1085	1085	(b) If any state agency or institution of higher education
1086	1086	receives reimbursement from the federal government, an insurer, or
1087	1087	another source for an expenditure paid for or reimbursed under
1088	1088	Section 58 or 60 of this Act, the agency or institution shall
1089	1089	reimburse the state by depositing the amount of the reimbursement
1090	1090	to the credit of the Trusteed Programs within the Office of the
1091	1091	Governor. Amounts deposited under this subsection are
1092	1092	reappropriated to the Trusteed Programs within the Office of the
1093	1093	Governor for disaster preparedness and recovery costs for the
1094	1094	two-year period beginning on the effective date of this Act.
1095	1095	SECTION 63. DEBT SERVICE PAYMENTS - NON-SELF SUPPORTING
1096	1096	GENERAL OBLIGATION WATER BONDS: APPROPRIATION REDUCTION. The
1097	1097	unencumbered appropriations from the general revenue fund
1098	1098	appropriated to the Water Development Board for Debt Service
1099	1099	Payments for Non-Self Supporting G.O. Water Bonds for use during
1100	1100	the state fiscal biennium ending August 31, 2009, made by Chapter
1101	1101	1428 (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007
1102	1102	(the General Appropriations Act), are reduced by the following
1103	1103	amounts:
1104	1104	(1) $15,820,198 from Strategy A.1.2, State
1105	1105	Participation Debt Service;
1106	1106	(2) $15,231,801 from Strategy A.1.1, EDAP Debt
1107	1107	Service;
1108	1108	(3) $3,354 from Strategy A.1.3, AG Water Conservation
1109	1109	Debt; and
1110	1110	(4) $1,894,416 from Strategy A.1.4, WIF Debt Service.
1111	1111	SECTION 64. STATE AUDITOR AUTHORITY: DISASTER RELIEF
1112	1112	APPROPRIATIONS. An entity receiving funds under this Act
1113	1113	appropriated for disaster relief, including an entity receiving
1114	1114	funds appropriated in response to a natural disaster and a unit of
1115	1115	local government receiving funds appropriated for transfer to and
1116	1116	expenditure out of the disaster contingency fund, is subject to
1117	1117	audit by the state auditor based on a risk assessment made by the
1118	1118	state auditor in developing the annual audit plan under Chapter
1119	1119	321, Government Code. As part of the risk assessment of an entity,
1120	1120	including a unit of local government, the state auditor may
1121	1121	consider:
1122	1122	(1) the amount of money directly appropriated to an
1123	1123	entity by this Act or received by a unit of local government out of
1124	1124	money appropriated for transfer to and expenditure out of the
1125	1125	disaster contingency fund by this Act;
1126	1126	(2) the amount of money reimbursed under a provision
1127	1127	of this Act requiring that the general revenue fund or disaster
1128	1128	contingency fund be reimbursed under certain circumstances; and
1129	1129	(3) the methodology used by an entity, including a
1130	1130	unit of local government, to estimate a loss caused by a disaster.
1131	1131	SECTION 65. GENERAL LAND OFFICE: FEMA REIMBURSEMENTS. (a)
1132	1132	Reimbursements received from the Federal Emergency Management
1133	1133	Agency (an estimated amount of $39 million) for expenses incurred
1134	1134	by the General Land Office in removing debris caused by Hurricane
1135	1135	Ike and paid for with $39 million in emergency funds transferred
1136	1136	from the Texas Public Finance Authority are appropriated to the
1137	1137	General Land Office for the period ending on May 30, 2011, for the
1138	1138	purpose of funding coastal management programs of the land office,
1139	1139	including debris and structure removal, derelict structure
1140	1140	buyouts, shoreline stabilization, dune restoration, beach
1141	1141	renourishment, coastal erosion mitigation, and other coastal
1142	1142	projects authorized by statute.
1143	1143	(b) Not later than May 31, 2011, the General Land Office
1144	1144	shall deposit to the credit of undedicated general revenue an
1145	1145	amount equal to the amount of reimbursements received and
1146	1146	appropriated to the General Land Office under Subsection (a) of
1147	1147	this section.
1148	1148	SECTION 66. APPROPRIATIONS ALLOCATED TO APPROPRIATE
1149	1149	GENERAL APPROPRIATIONS ACT STRATEGIES. Except as otherwise
1150	1150	provided by this Act, the agencies and institutions receiving
1151	1151	appropriations made by this Act shall allocate the appropriations
1152	1152	to the appropriate General Appropriations Act strategies.
1153	1153	SECTION 67. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
1154	1154	SERVICES: AUTISM. (a) In addition to amounts previously
1155	1155	appropriated for the state fiscal biennium ending August 31, 2009,
1156	1156	the amount of $6,600,000 is appropriated out of the general revenue
1157	1157	fund to the Department of Assistive and Rehabilitative Services for
1158	1158	the two-year period beginning on the effective date of this Act to
1159	1159	provide autism services for children ages three to eight.
1160	1160	(b) Out of the funds appropriated in this section, the
1161	1161	Department of Assistive and Rehabilitative Services shall make
1162	1162	every effort to attain the following performance measure targets:
1163	1163	(1) provide autism services to an average of 127
1164	1164	children per month for the fiscal year ending August 31, 2010, and
1165	1165	provide autism services to an average of 127 children per month for
1166	1166	the fiscal year ending August 31, 2011;
1167	1167	(2) provide autism services at an average monthly cost
1168	1168	per child of $2,185 for the fiscal year ending August 31, 2010, and
1169	1169	provide autism services at an average monthly cost per child of
1170	1170	$2,185 for the fiscal year ending August 31, 2011;
1171	1171	(3) provide autism services to 224 children by the end
1172	1172	of the fiscal year ending August 31, 2010, and provide autism
1173	1173	services to 224 children by the end of the fiscal year ending August
1174	1174	31, 2011.
1175	1175	SECTION 68. CONTINGENCY FOR DEPARTMENT OF JUSTICE
1176	1176	SETTLEMENT. (a) Contingent on the State of Texas and the United
1177	1177	States Department of Justice reaching a settlement agreement, the
1178	1178	Department of Aging and Disability Services is appropriated the
1179	1179	amount of $45,069,658 out of the general revenue fund for the
1180	1180	two-year period beginning on the effective date of this Act, for the
1181	1181	purpose of providing for additional staffing, monitoring
1182	1182	activities, training, and other one-time costs.
1183	1183	(b) Also contingent upon the State of Texas and the United
1184	1184	States Department of Justice reaching a settlement agreement, in
1185	1185	addition to the number of full-time equivalent employees (FTEs) the
1186	1186	Department of Aging and Disability Services is authorized by other
1187	1187	law to employ during the state fiscal year ending August 31, 2010,
1188	1188	the department may employ an additional 1,160.0 FTEs during that
1189	1189	state fiscal year. In addition to the number of full-time
1190	1190	equivalent employees (FTEs) the Department of Aging and Disability
1191	1191	Services is authorized by other law to employ during the state
1192	1192	fiscal year ending August 31, 2011, the department may employ an
1193	1193	additional 1,160.0 FTEs during that state fiscal year.
1194	1194	(c) Contingent on the State of Texas and the United States
1195	1195	Department of Justice reaching a settlement agreement, the
1196	1196	Department of Family and Protective Services is appropriated the
1197	1197	amount of $1,544,907 out of the general revenue fund for the fiscal
1198	1198	year ending August 31, 2010, and $1,606,426 out of the general
1199	1199	revenue fund for the period beginning on September 1, 2010, and
1200	1200	ending on the last effective day of this Act for incident management
1201	1201	and to ensure the protection from harm, abuse, or neglect for
1202	1202	residents of state schools.
1203	1203	(d) Also contingent upon the State of Texas and the United
1204	1204	States Department of Justice reaching a settlement agreement, in
1205	1205	addition to the number of full-time equivalent employees (FTEs) the
1206	1206	Department of Family and Protective Services is authorized by other
1207	1207	law to employ during the state fiscal year ending August 31, 2010,
1208	1208	the department may employ an additional 37.0 FTEs during that state
1209	1209	fiscal year. In addition to the number of full-time equivalent
1210	1210	employees (FTEs) the Department of Family and Protective Services
1211	1211	is authorized by other law to employ during the state fiscal year
1212	1212	ending August 31, 2011, the department may employ an additional
1213	1213	43.0 FTEs during that state fiscal year.
1214	1214	SECTION 69. TEXAS STATE TECHNICAL COLLEGE SYSTEM
1215	1215	ADMINISTRATION: RENOVATIONS AND CAPITAL EXPENDITURES. Contingent
1216	1216	on the enactment of H.B. 2654 or similar legislation relating to
1217	1217	imposition of the motor vehicle sales tax on motor vehicles
1218	1218	transferred as the result of a gift by the 81st Legislature, Regular
1219	1219	Session, 2009, and also contingent on the comptroller certifying
1220	1220	that the estimated amount of additional general revenue produced by
1221	1221	the enactment of H.B. 2654 or similar legislation relating to
1222	1222	imposition of the motor vehicle sales tax on motor vehicles
1223	1223	transferred as the result of a gift exceeds $10,000,000, the Texas
1224	1224	State Technical College System Administration is appropriated the
1225	1225	amount of $10,000,000 out of the general revenue fund for the fiscal
1226	1226	year ending August 31, 2010, for capital expenditures and
1227	1227	renovations for collaborative research projects. The legislature
1228	1228	finds a demonstrated need for these capital expenditures and
1229	1229	renovations.
1230	1230	SECTION 70. TEXAS SOUTHERN UNIVERSITY: MICKEY LELAND AND
1231	1231	BARBARA JORDAN PAPERS. In addition to amounts previously
1232	1232	appropriated for the state fiscal biennium ending August 31, 2009,
1233	1233	the amount of $150,000 is appropriated out of the general revenue
1234	1234	fund to Texas Southern University for the two-year period beginning
1235	1235	on the effective date of this Act to ensure the proper preservation
1236	1236	and display of the Mickey Leland and Barbara Jordan papers
1237	1237	maintained by the university.
1238	1238	SECTION 71. TEXAS PARKS AND WILDLIFE DEPARTMENT: TEXAS
1239	1239	STATE RAILROAD. In addition to amounts previously appropriated for
1240	1240	the state fiscal biennium ending August 31, 2009, the amount of
1241	1241	$1,000,000 is appropriated to the Texas Parks and Wildlife
1242	1242	Department out of the general revenue fund for the two-year period
1243	1243	beginning on the effective date of this Act for the purpose of
1244	1244	supporting the operations of the Texas State Railroad. The
1245	1245	comptroller shall release funds provided in this section contingent
1246	1246	on review and approval by the Legislative Budget Board of a signed
1247	1247	contract between the Texas State Railroad Authority and the
1248	1248	railroad operator describing loan terms and regular reporting to
1249	1249	the Legislative Budget Board on the revolving account.
1250	1250	SECTION 72. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. In
1251	1251	addition to amounts previously appropriated for the state fiscal
1252	1252	biennium ending August 31, 2009, the amount of $2,000,000 is
1253	1253	appropriated out of the general revenue dedicated account number
1254	1254	550 to the Texas Commission on Environmental Quality for the
1255	1255	two-year period beginning on the effective date of this Act for
1256	1256	conducting hazardous substance removal and disposal activities at
1257	1257	Ballard Pits, a state superfund site in Nueces County.
1258	1258	SECTION 73. DEPARTMENT OF AGING AND DISABILITY SERVICES:
1259	1259	CONTINGENCY FOR SENATE BILL 643. (a) Contingent on the enactment
1260	1260	by the 81st Legislature, Regular Session, 2009, and becoming law of
1261	1261	Senate Bill 643 or similar legislation relating to the protection
1262	1262	and care of persons with mental retardation, the Department of
1263	1263	Aging and Disability Services is appropriated, in addition to
1264	1264	amounts previously appropriated for the state fiscal biennium
1265	1265	ending August 31, 2009, the amount of $19,000,000 from the general
1266	1266	revenue fund and $19,000,000 from federal funds for the two-year
1267	1267	period beginning on the effective date of this Act to fully
1268	1268	implement the provisions of the legislation; to install video
1269	1269	surveillance equipment in areas defined as nonprivate space for
1270	1270	residents of state developmental centers and the ICF/MR component
1271	1271	of the Rio Grande State Center; and to monitor video across shifts
1272	1272	to detect and prevent abuse and exploitation of residents and
1273	1273	clients.
1274	1274	(b) In addition to the number of full-time equivalent
1275	1275	employees (FTEs) the Department of Aging and Disability Services is
1276	1276	authorized by other law to employ during the state fiscal biennium
1277	1277	ending August 31, 2011, the department may employ an additional
1278	1278	186.0 FTEs during that state fiscal biennium.
1279	1279	(c) Also contingent on enactment by the 81st Legislature,
1280	1280	Regular Session, 2009 and becoming law of Senate Bill 643 or similar
1281	1281	legislation relating to the protection and care of persons with
1282	1282	mental retardation, the Department of Aging and Disability Services
1283	1283	shall use amounts appropriated by Senate Bill 1, Acts of the 81st
1284	1284	Legislature, Regular Session, 2009 (the General Appropriations
1285	1285	Act), to implement name changes, mortality reviews, on-site annual
1286	1286	surveys of group homes, the Forensic State Supported Living Center,
1287	1287	an independent ombudsman, a new assistance commissioner,
1288	1288	behavioral support specialists for alleged offenders, and employee
1289	1289	background checks, finger printing, and drug testing.
1290	1290	SECTION 74. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
1291	1291	TEXAS EMISSIONS REDUCTION PLAN ACCOUNT. The Texas Commission on
1292	1292	Environmental Quality is appropriated the amount of $37,000,000 out
1293	1293	of the Texas Emissions Reduction Plan Account No. 5071 for the
1294	1294	two-year period beginning on the effective date of this Act for the
1295	1295	implementation of activities under Subsection (a) of 386.252 of the
1296	1296	Health and Safety Code.
1297	1297	SECTION 75. DEPARTMENT OF PUBLIC SAFETY: EMERGENCY
1298	1298	PREPAREDNESS. The Department of Public Safety is appropriated the
1299	1299	amount of $4,500,000 from the general revenue fund under Goal D,
1300	1300	Emergency Management, for the two-year period beginning on the
1301	1301	effective date of this Act to be transferred to the Division of
1302	1302	Emergency Management for staffing and emergency systems to apply
1303	1303	lessons learned in multiple major disasters in 2007 and 2008 to
1304	1304	enhance the capability of the state to plan and coordinate
1305	1305	emergency preparedness, emergency response, and disaster recovery
1306	1306	operations with local governments and state and federal agencies
1307	1307	and to fully incorporate the support of industry and volunteer
1308	1308	groups into emergency operations. Of the funds appropriated in
1309	1309	this section, the amount of $1,550,000 shall be used to enhance the
1310	1310	capabilities of the State Operations Center and the remainder shall
1311	1311	be used to fund 29 full-time equivalent positions to improve
1312	1312	preparedness and response capabilities, the delivery of disaster
1313	1313	assistance, and staffing for disaster-related financial
1314	1314	management.
1315	1315	SECTION 76. TEXAS WORKFORCE COMMISSION: FEDERALLY FUNDED
1316	1316	BENEFITS. To minimize the impact on state funds appropriated in
1317	1317	this Act or in Senate Bill 1, Acts of the 81st Legislature, Regular
1318	1318	Session, 2009 (the General Appropriations Act), for the fiscal
1319	1319	biennium ending August 31, 2011, for unemployment benefits, the
1320	1320	Texas Workforce Commission may adjust unemployment eligibility
1321	1321	periods as necessary to maximize receipt of any 100 percent
1322	1322	federally funded benefit. This provision does not appropriate
1323	1323	state funds, nor may additional state funds be appropriated as a
1324	1324	result of this authorization. Additional federal funds received by
1325	1325	the State of Texas resulting from the authorized adjustment are
1326	1326	appropriated as necessary to comply with Section 2005 of Public Law
1327	1327	No. 111-5.
1328	1328	SECTION 77. EMPLOYEES RETIREMENT SYSTEM: PILOT PROGRAM TO
1329	1329	TEST ALTERNATIVE PAYMENT SYSTEMS. Out of funds appropriated to the
1330	1330	Employees Retirement System in Senate Bill 1, Acts of the 81st
1331	1331	Legislature, Regular Session, 2009 (the General Appropriations
1332	1332	Act), for the fiscal biennium ending August 31, 2011, the Employees
1333	1333	Retirement System is authorized to establish a pilot program under
1334	1334	which physicians and health care providers who provide health care
1335	1335	services to employees and retirees participating in the group
1336	1336	benefits program are compensated under a payment system designed to
1337	1337	test alternatives to traditional fee-for-service payments. To the
1338	1338	extent practicable, the program must be based on nationally
1339	1339	recognized quality of care standards and evidence-based best
1340	1340	practices, and must include policies designed to promote provider
1341	1341	collaboration and other policies and practices as necessary to
1342	1342	ensure high-quality and effective health care services.
1343	1343	SECTION 78. TEXAS PARKS AND WILDLIFE DEPARTMENT: LOCAL
1344	1344	PARK RESTORATION. Contingent on enactment by the 81st Legislature,
1345	1345	Regular Session, 2009, and becoming law of H.B. 3391, S.B 1010, or
1346	1346	similar legislation relating to the continuation and functions of
1347	1347	the Parks and Wildlife Department, out of funds appropriated to the
1348	1348	Texas Parks and Wildlife Department in Strategy B.2.1, Local Parks
1349	1349	Grants in Senate Bill 1, Acts of the 81st Legislature, Regular
1350	1350	Session, 2009 (the General Appropriations Act), for the fiscal
1351	1351	biennium ending August 31, 2011, it is the intent of the legislature
1352	1352	that an amount not to exceed $1,500,000 be provided as matching
1353	1353	grants to the City of Waco as follows:
1354	1354	(1) $373,000 shall be allocated for a one-to-one
1355	1355	matching grant for the purpose of replacing the existing Oscar Du
1356	1356	Conge Pool with safe and appropriate public recreational water
1357	1357	activities in East Waco, such as a splash pad/spray park; and
1358	1358	(2) $1,127,000 shall be allocated for a two-to-one
1359	1359	matching grant for the purpose of restoring, upgrading, or
1360	1360	replacing the existing public skate park to provide a safe, family
1361	1361	recreational skating facility.
1362	1362	SECTION 79. APPROPRIATIONS FOR ADVANCED CLEAN ENERGY
1363	1363	PROJECT. Amounts appropriated by Senate Bill 1, Acts of the 81st
1364	1364	Legislature, Regular Session, 2009 (the General Appropriations
1365	1365	Act), to the Trusteed Programs within the Office of the Governor for
1366	1366	transfer to the Texas Emerging Technology Fund may be used for the
1367	1367	two-year period beginning on the effective date of this Act for
1368	1368	expenditures related to clean energy programs or projects, as
1369	1369	authorized by general law.
1370	1370	SECTION 80. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT
1371	1371	HOUSTON: TRAUMA CARE. The University of Texas Health Science Center
1372	1372	at Houston is appropriated $6,000,000 from the general revenue
1373	1373	dedicated account 5111 for the two-year period beginning on the
1374	1374	effective date of this Act to provide reimbursements for
1375	1375	uncompensated care.
1376	1376	SECTION 81. UNIVERSITY OF TEXAS M.D. ANDERSON CANCER
1377	1377	CENTER: UNCOMPENSATED CARE FOR HURRICANE IKE PATIENTS. The
1378	1378	University of Texas M.D. Anderson Cancer Center is appropriated
1379	1379	$2,000,000 from the general revenue fund for the two-year period
1380	1380	beginning on the effective date of this Act to provide
1381	1381	reimbursements for uncompensated care for Hurricane Ike patients.
1382	1382	SECTION 82. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
1383	1383	AT FORT WORTH: TRAUMA CARE. The University of North Texas Health
1384	1384	Science Center at Fort Worth is appropriated $2,000,000 from the
1385	1385	general revenue fund for the two-year period beginning on the
1386	1386	effective date of this Act to provide reimbursements for
1387	1387	uncompensated care.
1388	1388	SECTION 83. TEXAS PARKS AND WILDLIFE DEPARTMENT: VARIOUS
1389	1389	FUNCTIONS. The Texas Parks and Wildlife Department is appropriated
1390	1390	from the general revenue fund for the two-year period beginning on
1391	1391	the effective date of this Act the following amounts:
1392	1392	(1) $2,000,000 to repair hurricane-related damages to
1393	1393	the Sea Rim State Park ;and
1394	1394	(2) $1,000,000 for information technology services.
1395	1395	SECTION 84. NAVARRO COLLEGE: REIMBURSEMENTS. Navarro
1396	1396	College is appropriated $1,500,000 from the general revenue fund
1397	1397	for the two-year period beginning on the effective date of this Act
1398	1398	to reimburse the Higher Education Coordinating Board for new campus
1399	1399	funding.
1400	1400	SECTION 85. TEXAS DEPARTMENT OF LICENSING AND REGULATION:
1401	1401	OPERATIONS. The Texas Department of Licensing and Regulation is
1402	1402	appropriated $956,000 from the general revenue fund for the
1403	1403	two-year period beginning on the effective date of this Act for
1404	1404	operations.
1405	1405	SECTION 86. CANCER PREVENTION AND RESEARCH INSTITUTE:
1406	1406	CERTAIN SALARIES. (a) Notwithstanding any limitation on salary
1407	1407	rates prescribed by Chapter 1428 (H.B. 1), Acts of the 80th
1408	1408	Legislature, Regular Session, 2007 (the General Appropriations
1409	1409	Act), the Executive Director of the Cancer Prevention and Research
1410	1410	Institute shall be compensated at a rate not to exceed $214,000 per
1411	1411	fiscal year for the fiscal year ending August 31, 2009, and the
1412	1412	Chief Scientific Officer of the institute may be compensated at a
1413	1413	rate not to exceed $212,000 per year for the fiscal year ending
1414	1414	August 31, 2009.
1415	1415	(b) In addition to the rates provided in Subsection (a) of
1416	1416	this section, the Executive Director may receive a salary
1417	1417	supplement not to exceed $86,000 for a total combined salary of
1418	1418	$300,000 out of state and foundation funds for the fiscal year
1419	1419	ending August 31, 2009. In addition to the rates provided in
1420	1420	Subsection (a) of this section, the Chief Scientific Officer may
1421	1421	receive a salary supplement not to exceed $488,000 for a total
1422	1422	combined salary of $700,000 out of state and foundation funds for
1423	1423	the fiscal year ending August 31, 2009. The respective salaries
1424	1424	paid out of appropriated state funds and foundation funds for each
1425	1425	fiscal year of the biennium to the Executive Director and the Chief
1426	1426	Scientific Officer of the Institute may not exceed the highest
1427	1427	salary paid to a chancellor of a public university system.
1428	1428	SECTION 87. GENERAL LAND OFFICE: DISASTER MITIGATION
1429	1429	BUYOUTS. The General Land Office is appropriated $10,000,000 from
1430	1430	the general revenue fund for the two-year period beginning on the
1431	1431	effective date of this Act for structure buyouts as authorized by
1432	1432	Chapter 33, Natural Resources Code.
1433	1433	SECTION 88. DEPARTMENT OF STATE HEALTH SERVICES: NORTHSTAR
1434	1434	BEHAVIORAL HEALTH WAIVER. (a) Notwithstanding any limitations
1435	1435	prescribed by Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
1436	1436	Regular Session, 2007 (the General Appropriations Act), for the
1437	1437	fiscal year ending August 31, 2009, to the extent that the NorthSTAR
1438	1438	managed care organization is able to obtain cost savings associated
1439	1439	with state-approved purchasing arrangements for the purchase of new
1440	1440	generation medications under Department of State Health Services
1441	1441	Strategy B.2.4, NorthSTAR Behavioral Health Waiver, NorthSTAR
1442	1442	managed care organization may expend an equivalent amount from
1443	1443	Strategy B.2.4, NorthSTAR Behavioral Health Waiver on direct
1444	1444	services to clients.
1445	1445	(b) In addition to amounts previously appropriated for the
1446	1446	state fiscal biennium ending August 31, 2009, the amount of
1447	1447	$5,000,000 is appropriated out of the general revenue fund to the
1448	1448	Department of State Health Services under Strategy B.2.4, NorthSTAR
1449	1449	Behavioral Health Waiver to provide direct client services.
1450	1450	SECTION 89. APPROPRIATION FOR A SINGLE RETENTION PAYMENT
1451	1451	FOR WORK PERFORMED BY STATE EMPLOYEES. (a) As used in this
1452	1452	section, retention payment means a single employee compensation
1453	1453	payment in the amount of eight hundred dollars ($800) authorized to
1454	1454	be paid to employees in August, 2009, by each agency of the State of
1455	1455	Texas through the payroll system, to each employee who was
1456	1456	continuously employed by the agency from March 31, 2009, through
1457	1457	August 1, 2009, for work performed by the state employees, but
1458	1458	subject to the exclusions and limitations under this section.
1459	1459	(b) The Comptroller of Public Accounts is appropriated an
1460	1460	amount estimated to be $42,183,779 out of the General Revenue Fund,
1461	1461	an amount estimated to be $3,915,109 out of General
1462	1462	Revenue-Dedicated, an amount estimated to be $21,904,727 out of
1463	1463	federal funds, and an amount estimated to be $20,260,422 out of
1464	1464	other funds and accounts, to fund a retention payment for work
1465	1465	performed by the state employees as described in Subsection (a) of
1466	1466	this section for employees of state agencies including employees of
1467	1467	the Higher Education Coordinating Board and employees of a Texas
1468	1468	A&M University System service agency.
1469	1469	(c) This section shall not apply to employees of
1470	1470	institutions of higher education (except for employees of a service
1471	1471	agency of The Texas A&M University System), statewide elected
1472	1472	officials, justices and judges of the appellate and district
1473	1473	courts, district attorneys, criminal district attorneys, county
1474	1474	attorneys performing the duties of a district attorney, or line
1475	1475	item exempt (non-classified) employees. Additionally, this
1476	1476	section shall not apply to the following employees:
1477	1477	(1) At the Texas Department of Criminal Justice:
1478	1478	(A) Correctional Officer series; and Ranking
1479	1479	Staff (including Sergeants, Lieutenants, Captains, Majors,
1480	1480	Assistant Wardens, and Wardens) otherwise provided a pay increase
1481	1481	under the General Appropriations Act for the 2010-11 Biennium;
1482	1482	(B) Laundry Managers otherwise provided a pay
1483	1483	increase under the General Appropriations Act for the 2010-11
1484	1484	Biennium;
1485	1485	(C) Food Service Managers otherwise provided a
1486	1486	pay increase under the General Appropriations Act for the 2010-11
1487	1487	Biennium;
1488	1488	(D) Parole Officer series otherwise provided a
1489	1489	pay increase under the General Appropriations Act for the 2010-11
1490	1490	Biennium; and
1491	1491	(E) Other unit staff otherwise provided a pay
1492	1492	increase under the General Appropriations Act for the 2010-11
1493	1493	Biennium;
1494	1494	(2) At the Texas Youth Commission:
1495	1495	(A) Juvenile Correctional Officers series
1496	1496	otherwise provided a pay increase under the General Appropriations
1497	1497	Act for the 2010-11 Biennium; and
1498	1498	(B) Other unit staff otherwise provided a pay
1499	1499	increase under the General Appropriations Act for the 2010-11
1500	1500	Biennium;
1501	1501	(3) Law Enforcement Employees classified under
1502	1502	Schedule C under Part 2, Article IX of the General Appropriations
1503	1503	Act for the 2010-11 Biennium otherwise provided a pay increase
1504	1504	under the General Appropriations Act for the 2010-11 Biennium;
1505	1505	(4) At the Parks and Wildlife Department, in the event
1506	1506	the Comptroller certifies the additional revenue of $11,328,892
1507	1507	from the Game, Fish and Water Safety Account No. 9, the employees
1508	1508	provided pay raises from these amounts during the 2010-11
1509	1509	Biennium may not participate in the $800 retention payment for
1510	1510	classified employees provided by this Act.
1511	1511	(5) In the Judicial branch of state government:
1512	1512	(A) At the Supreme Court and the Court of
1513	1513	Criminal Appeals:
1514	1514	(1) the staff attorneys;
1515	1515	(2) law clerks; and
1516	1516	(3) court administrative staff;
1517	1517	(B) At the 14 Appellate Courts:
1518	1518	(1) staff attorneys;
1519	1519	(2) law clerks; and
1520	1520	(3) employees whom a Court of Appeals
1521	1521	designates as receiving salary increases from the block grant
1522	1522	appropriated for the 14 Courts of Appeals in the 2010-11 Biennium;
1523	1523	(C) At the State Law Library, all positions; and
1524	1524	(D) At the State Commission on Judicial Conduct,
1525	1525	the General Counsel and attorney staff;
1526	1526	(6) At all agencies, financial examiners otherwise
1527	1527	provided a pay increase under the General Appropriations Act for
1528	1528	the 2010-11 Biennium; and
1529	1529	(7) At all agencies, employees who earned amounts
1530	1530	greater than $100,000.00 per year calculated as may be prescribed
1531	1531	by rules adopted by the Comptroller in order to achieve the
1532	1532	legislative objective of excluding employees who earn salaries
1533	1533	greater than either $8,334.00 per month or $100,000.00 per year
1534	1534	from receiving the retention payment.
1535	1535	(d) For employees paid the retention payment authorized
1536	1536	under this section, any increase in employee benefits costs
1537	1537	associated with the retention payment as described above shall be
1538	1538	paid exclusively from appropriations made above in Subsection (b)
1539	1539	of this section except for county extension agents who may receive a
1540	1540	retention payment solely from appropriations made from the general
1541	1541	revenue fund.
1542	1542	(e) Provisions requiring salaries and benefits to be
1543	1543	proportional to the source of funds shall apply to all sums
1544	1544	allocated under this section for the payment of a retention payment
1545	1545	as if the retention payment was a part of the employee's regular
1546	1546	compensation, except as may otherwise be provided. Each agency
1547	1547	shall pay the retention payment from funds held in the state
1548	1548	treasury and from local funds in the same proportion as the
1549	1549	employee's regular compensation.
1550	1550	(f) The Comptroller shall adopt rules as necessary to
1551	1551	administer this section. Funds appropriated in this section shall
1552	1552	be allocated to each agency, and to the appropriate employee
1553	1553	benefit appropriation items, in accordance with such rules and may
1554	1554	be used only for the purpose of providing a retention payment and
1555	1555	paying associated employee benefit costs.
1556	1556	(g) This section does not authorize an increase of
1557	1557	classified salary rates above the rates listed in the classified
1558	1558	salary schedules A, B, and C (as applicable) under Part 2, Article
1559	1559	IX of the General Appropriations Act for the 2010-11 Biennium. This
1560	1560	section authorizes each agency to pay a retention payment to each
1561	1561	eligible employee of that agency from funds appropriated by this
1562	1562	Act.
1563	1563	(h) Agencies subject to a special provisions rider
1564	1564	"Appropriations Limited to Revenue Collections" of the General
1565	1565	Appropriations Act for the 2010-11 Biennium shall increase revenues
1566	1566	as necessary to cover the increased retention payment amounts
1567	1567	appropriated above. Revenues to general revenue and general revenue
1568	1568	dedicated funds due to the retention payment increase described
1569	1569	above are estimated to be at least $3,400,000.
1570	1570	SECTION 90. DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR
1571	1571	CERTAIN SALARIES. (a) Notwithstanding the Position Classification
1572	1572	Plan, under Section 2.01, Article IX, Senate Bill 1, Acts of the
1573	1573	81st Legislature, Regular Session, 2009 (the General
1574	1574	Appropriations Act), the Department of Public Safety is
1575	1575	appropriated for the two-year period beginning on the effective
1576	1576	date of this Act the following amounts for the following purposes:
1577	1577	(1) $3,369,476 out of general revenue dedicated fund
1578	1578	99 to fund the reclassification of positions for the police
1579	1579	communications operators and supervisors at the Bureau of Law
1580	1580	Enforcement Communications and Technology within the Department of
1581	1581	Public Safety; and
1582	1582	(2) $350,000 out of the general revenue dedicated fund
1583	1583	99 to fund the reclassification of positions for the forensic
1584	1584	scientists in the Forensic Breath Laboratory Services within the
1585	1585	Department of Public Safety.
1586	1586	(b) The State Classification Officer shall review and
1587	1587	properly classify the positions affected by Subsection (a) of this
1588	1588	section pursuant to authority provided under Chapter 654,
1589	1589	Government Code.
1590	1590	SECTION 91. DEPARTMENT OF PUBLIC SAFETY: CERTAIN BORDER
1591	1591	SECURITY FUNDS. (a) Notwithstanding amounts appropriated under
1592	1592	Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009,
1593	1593	(the General Appropriations Act), in the appropriation to the
1594	1594	Department of Public Safety for the fiscal year ending August 31,
1595	1595	2010, the amount of general revenue dedicated account 99
1596	1596	appropriated to the Department of Public Safety under Strategy
1597	1597	D.1.1., Emergency Preparedness, is reduced by $5,500,000.
1598	1598	(b) Subsection (a), Rider 54, of the bill pattern of the
1599	1599	Department of Public Safety, under Article V in Senate Bill 1, Acts
1600	1600	of the 81st Legislature, Regular Session, 2009 (the General
1601	1601	Appropriations Act), has no effect.
1602	1602	SECTION 92. TEXAS A&M INTERNATIONAL UNIVERSITY. OUTREACH
1603	1603	AND ENROLLMENT. Texas A&M International University is appropriated
1604	1604	$1,000,000 out of the general revenue fund for the fiscal year
1605	1605	ending August 31, 2010, and $1,000,000 out of the general revenue
1606	1606	fund for the period beginning on September 1, 2010, and ending on
1607	1607	the second anniversary of the effective date of this Act for
1608	1608	outreach, access, enrollment, advising, tutoring, and retention
1609	1609	support.
1610	1610	SECTION. 93. CONTINGENT APPROPRIATION FOR S.B. 2534.
1611	1611	Contingent on the enactment of S.B. 2534 or similar legislation
1612	1612	relating to the creation of an interagency task force on economic
1613	1613	growth and endangered species by the 81st Legislature, Regular
1614	1614	Session, 2009, $250,000 is appropriated out of the general revenue
1615	1615	fund for the fiscal year ending August 31, 2010, to the Texas A&M
1616	1616	University System for the purpose of operating the Task Force on
1617	1617	Economic Growth and Endangered Species.
1618	1618	SECTION 94. TEXAS PUBLIC FINANCE AUTHORITY: DEBT SERVICE.
1619	1619	The Texas Public Finance Authority is appropriated $3,200,000 from
1620	1620	the general revenue fund for the two-year period beginning on the
1621	1621	effective date of this Act to pay debt service on general obligation
1622	1622	bonds.
1623	1623	SECTION 95. CONTINGENCY APPROPRIATION FOR H.B. 1511. (a)
1624	1624	Contingent on enactment by the 81st Legislature, Regular Session,
1625	1625	2009, and becoming law of House Bill 1511, House Bill 2860, or
1626	1626	Senate Bill 1411, or similar legislation relating to financial
1627	1627	assistance programs in connection with certain children in the
1628	1628	conservatorship of the Department of Family and Protective
1629	1629	Services, the Department of Family and Protective Services is
1630	1630	appropriated $2,250,638 out of the general revenue fund for the
1631	1631	fiscal year ending August 31, 2010, and $1,980,067 out of the
1632	1632	general revenue fund for the period beginning on September 1, 2010,
1633	1633	and ending on the second anniversary of the effective date of this
1634	1634	Act, to implement the legislation.
1635	1635	(b) Also contingent on enactment by the 81st Legislature,
1636	1636	Regular Session, 2009, and becoming law of House Bill 1511, House
1637	1637	Bill 2860, or Senate Bill 1411, or similar legislation relating to
1638	1638	financial assistance programs in connection with certain children
1639	1639	in the conservatorship of the Department of Family and Protective
1640	1640	Services, the Department of Family and Protective Services, in
1641	1641	addition to the number of full-time equivalent employees (FTEs) the
1642	1642	Department of Family and Protective Services is authorized by other
1643	1643	law to employ during the state fiscal biennium ending August 31,
1644	1644	2011, is authorized to employ an additional 17.0 FTEs during that
1645	1645	state fiscal biennium.
1646	1646	SECTION 96. CONTINGENCY APPROPRIATION FOR S.B. 2323.
1647	1647	Contingent on enactment by the 81st Legislature, Regular Session,
1648	1648	2009, and becoming law of Senate Bill 2323 or similar legislation
1649	1649	relating to the functions of the Texas School Safety Center, Texas
1650	1650	State University-San Marcos is appropriated out of the general
1651	1651	revenue fund for Strategy C.1.3, School Safety Center, the amounts
1652	1652	of $308,612 in the fiscal year ending August 31, 2010, and $308,612
1653	1653	for the period beginning on September 1, 2010, and ending on the
1654	1654	second anniversary of the effective date of this Act and is
1655	1655	authorized to employ an additional four FTEs in each year of the
1656	1656	biennium to implement provisions of the legislation.
1657	1657	SECTION 97. CONTINGENCY APPROPRIATION FOR H.B. 1684.
1658	1658	Contingent upon the enactment by the 81st Legislature, Regular
1659	1659	Session, 2009, and becoming law of H.B. 1684 or similar legislation
1660	1660	relating to the creation and administration of the rural
1661	1661	veterinarian loan repayment program, the Office of Rural Community
1662	1662	Affairs is appropriated $500,000 out of the general revenue fund
1663	1663	for the two-year period beginning on the effective date of this Act
1664	1664	to implement provisions of the legislation.
1665	1665	SECTION 98. CONTINGENCY APPROPRIATION FOR S.B. 174.
1666	1666	Contingent upon the enactment by the 81st Legislature, Regular
1667	1667	Session, 2009, and becoming law of S.B. 174 or similar legislation
1668	1668	relating to educator preparation programs, the Texas Education
1669	1669	Agency is appropriated $275,000 in State Board for Educator
1670	1670	Certification fees for the two-year period beginning on the
1671	1671	effective date of this Act to implement provisions of the
1672	1672	legislation. The Texas Education Agency may employ an additional
1673	1673	two full-time equivalents in each fiscal year during the fiscal
1674	1674	biennium ending August 31, 2011.
1675	1675	SECTION 99. UNIVERSITY OF TEXAS AT TYLER: PALESTINE CAMPUS.
1676	1676	The University of Texas at Tyler is appropriated $1,300,000 out of
1677	1677	the general revenue fund for the two-year period beginning on the
1678	1678	effective date of this Act for faculty salaries and facility
1679	1679	operations at the Palestine campus.
1680	1680	SECTION 100. OFFICE OF THE GOVERNOR: RIDER 4. Rider 4 of
1681	1681	the bill pattern of the Office of the Governor in Senate Bill 1,
1682	1682	Acts of the 81st Legislature, Regular Session, 2009 (the General
1683	1683	Appropriations Act), has no effect.
1684	1684	SECTION 101. CONTINGENCY APPROPRIATION FOR S.B. 1362.
1685	1685	Contingent upon the enactment by the 81st Legislature, Regular
1686	1686	Session, 2009, and becoming law of Senate Bill 1362 or similar
1687	1687	legislation relating to a Texas Youth Commission comprehensive plan
1688	1688	to improve student reading skills and behavior, the Texas Education
1689	1689	Agency is appropriated $375,000 out of the general revenue fund for
1690	1690	each fiscal year of the biennium beginning September 1, 2009. On a
1691	1691	determination by the commissioner of education that the Texas Youth
1692	1692	Commission has developed a comprehensive plan based on research
1693	1693	that will improve the reading skills and behavior of students
1694	1694	served by the commission, the commissioner of education shall
1695	1695	transfer the funds to the Texas Youth Commission for use in
1696	1696	implementing the comprehensive plan.
1697	1697	SECTION 102. CONTINGENCY APPROPRIATION FOR S.B. 1313.
1698	1698	Contingent on enactment by the 81st Legislature, Regular Session,
1699	1699	2009, and becoming law of Senate Bill 1313 or similar legislation
1700	1700	relating to the quality and accessibility of public school career
1701	1701	and technical training programs and to assistance to students
1702	1702	concerning postsecondary education and training, the Texas
1703	1703	Education Agency is appropriated $1,350,000 for the state fiscal
1704	1704	year ending August 31, 2011, out of the general revenue fund for
1705	1705	industry certification examinations to non-economically
1706	1706	disadvantaged students, $540,000 in fiscal year 2011 out of the
1707	1707	general revenue fund for the State Board Education to conduct a
1708	1708	course review, and $100,000 in fiscal year 2011 out of the general
1709	1709	revenue fund to expand the Best Practices Clearinghouse to include
1710	1710	career and technology education. The Texas Workforce Commission is
1711	1711	appropriated $100,000 for the state fiscal year ending August 31,
1712	1712	2011, out of the general revenue fund to develop a list of
1713	1713	high-demand, high-wage, high-skill occupations that require
1714	1714	licensure, certification, an associate degree, or a bachelor's
1715	1715	degree. The Higher Education Coordinating Board is appropriated out
1716	1716	of the general revenue fund the amount of $2,290,000 for the state
1717	1717	fiscal year ending August 31, 2011, for training and materials
1718	1718	dealing with the "College for Texans" program and the amount of
1719	1719	$100,000 for the state fiscal year ending August 31, 2011, to
1720	1720	conduct an economic impact study to determine the economic impact
1721	1721	to the state of secondary and postsecondary education and training.
1722	1722	The "Number of Full-Time Equivalents" in the Higher Education
1723	1723	Coordinating Board bill pattern is increased by two FTEs in the
1724	1724	state fiscal year ending August 31, 2011.
1725	1725	SECTION 103. EFFECTIVE DATE. This Act takes effect
1726	1726	immediately.
1727	1727	______________________________ ______________________________
1728	1728	President of the Senate Speaker of the House
1729	1729	I certify that H.B. No. 4586 was passed by the House on April
1730	1730	17, 2009, by the following vote: Yeas 143, Nays 4, 1 present, not
1731	1731	voting; that the House concurred in Senate amendments to H.B. No.
1732	1732	4586 on May 29, 2009, by the following vote: Yeas 139, Nays 0, 1
1733	1733	present, not voting; passed subject to the provisions of Article
1734	1734	III, Section 49a, of the Constitution of the State of Texas.
1735	1735	______________________________
1736	1736	Chief Clerk of the House
1737	1737	I certify that H.B. No. 4586 was passed by the Senate, with
1738	1738	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
1739	1739	0; passed subject to the provisions of Article III, Section 49a, of
1740	1740	the Constitution of the State of Texas.
1741	1741	______________________________
1742	1742	Secretary of the Senate
1743	1743	I certify that the amounts appropriated in the herein H.B.
1744	1744	No. 4586, Regular Session of the 81st Legislature, are within
1745	1745	amounts estimated to be available in the affected fund.
1746	1746	Certified_____________________
1747	1747	______________________________
1748	1748	Comptroller of Public Accounts
1749	1749	APPROVED: __________________
1750	1750	Date
1751	1751	__________________
1752	1752	Governor