H.B. No. 4586
AN ACT
relating to making supplemental appropriations and reductions in
appropriations and giving direction and adjustment authority and
prescribing limitations regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEPARTMENT OF STATE HEALTH SERVICES: SWINE FLU.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2009, the amount of $11,796,415 is
appropriated out of the general revenue fund to the Department of
State Health Services for the two-year period beginning on the
effective date of this Act for the purpose of paying for costs
associated with the swine flu.
SECTION 2. CANCER PREVENTION AND RESEARCH INSTITUTE:
OPERATIONS. (a) In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2009, the amount of
$917,389 is appropriated out of the general revenue fund to the
Cancer Prevention and Research Institute for the two-year period
beginning on the effective date of this Act for the purpose of
providing for salaries and wages, travel, acquisition of
information technology, computers, furniture, legal counseling,
and contracts.
(b) In addition to the number of full-time equivalent
employees (FTEs) the Cancer Prevention and Research Institute is
authorized by other law to employ during the state fiscal year
ending August 31, 2009, the center may employ an additional 16.0
FTEs during that state fiscal year.
SECTION 3. TEXAS FACILITIES COMMISSION: UTILITY COSTS. (a)
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2009, the amount of $2,396,612 is
appropriated out of the general revenue fund to the Texas
Facilities Commission under Strategy C.2.1, Facilities Operation,
for the two-year period beginning on the effective date of this Act
for the purpose of providing for payment of increased utility costs
as a result of an increase in utility rates.
(b) Notwithstanding Article IX, Section 14.01,
Appropriation Transfers, or similar provisions of Chapter 1428
(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), funds appropriated by this section may
not be transferred by the commission to another appropriation item
or be used by the commission for a purpose other than payment of
utility expenses without the prior written approval of the
Legislative Budget Board.
SECTION 4. TEXAS ETHICS COMMISSION: FREE MARKET ASSOCIATION
V. TEXAS ETHICS COMMISSION. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $188,349 is appropriated out of the general revenue
fund to the Texas Ethics Commission for the fiscal year ending
August 31, 2009, for the purpose of reimbursing the commission for
the payment of the judgment on October 2, 2008, in Free Market
Association of Texas v. Texas Ethics Commission in the United
States District Court for the Western District of Texas, Austin
Division.
SECTION 5. TEXAS STATE LIBRARY AND ARCHIVES COMMISSION:
LORENZO DE ZAVALA BUILDING. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $1,894,676 is appropriated out of the general revenue
fund to the Texas State Library and Archives Commission for the
two-year period beginning on the effective date of this Act for the
purchase of furniture and shelving for the Lorenzo de Zavala
Building.
SECTION 6. PRESERVATION BOARD OR HISTORICAL COMMISSION:
RESTORATION OF THE GOVERNOR'S MANSION. Out of reimbursements
received from the Federal Emergency Management Agency for
expenditures that were paid for with funds transferred from the
Health and Human Services Commission to the Department of Public
Safety during the state fiscal year ending August 31, 2009, an
amount not to exceed $11,000,000 is appropriated for the two-year
period beginning on the effective date of this Act, in addition to
other amounts appropriated for the state fiscal biennium ending
August 31, 2009, for costs associated with the restoration of the
Governor's Mansion. The appropriation is to:
(1) the State Preservation Board, contingent on the
enactment and becoming law of S.B. 2307 or similar legislation by
the 81st Legislature in regular session that imposes responsibility
on the State Preservation Board for the preservation and
maintenance of the Governor's Mansion; or
(2) the Texas Historical Commission, if the 81st
Legislature in regular session does not enact S.B. 2307 or similar
legislation that becomes law that imposes responsibility on the
State Preservation Board for the preservation and maintenance of
the Governor's Mansion.
SECTION 7. HEALTH AND HUMAN SERVICES COMMISSION: RED LIGHT
CAMERA TRAUMA FUND. In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2009, all revenue
deposited to the Regional Trauma Account 5137 (Red Light Camera
Trauma Fund) (estimated to be $6,712,284) is appropriated under
Strategy A.1.1, Enterprise Oversight and Policy, to the Health and
Human Services Commission for the state fiscal year ending August
31, 2009, to be used to reimburse uncompensated trauma care.
SECTION 8. TEXAS EDUCATION AGENCY: CRIMINAL HISTORY
BACKGROUND CHECKS. In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2009, the amount of
$2,630,206 is appropriated out of the general revenue fund to the
Texas Education Agency for the two-year period beginning on the
effective date of this Act to conduct criminal history background
checks pursuant to Chapter 1372 (S.B. 9), Acts of the 80th
Legislature, Regular Session, 2007.
SECTION 9. TEXAS SOUTHERN UNIVERSITY: APPROPRIATION
REPURPOSING. (a) The unencumbered appropriations from the general
revenue fund appropriated to Texas Southern University for use
during the state fiscal biennium ending August 31, 2009, by Article
III, Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), under Strategy
B.1.2, Tuition Revenue Bond Retirement, are reduced by the amount
of $3,729,808.
(b) Notwithstanding any limitation made by Article III,
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), under Section 6(9)
of the Special Provisions Relating Only to State Agencies of Higher
Education, the amount of $3,729,808 is appropriated out of the
general revenue fund to Texas Southern University for the two-year
period beginning on the effective date of this Act for the purpose
of paying for, or reimbursing payments made for, costs incurred by
the university associated with damages caused by natural disasters
that occurred before the effective date of this Act during the state
fiscal biennium that began September 1, 2007.
SECTION 10. TEXAS SOUTHERN UNIVERSITY: ADMINISTRATIVE
EXPENSES. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2009, the amount of
$2,350,000 is appropriated out of the general revenue fund to Texas
Southern University for the two-year period beginning on the
effective date of this Act for administrative operation expenses.
SECTION 11. HIGHER EDUCATION GROUP INSURANCE
CONTRIBUTIONS. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2009, the following
amounts are appropriated out of the general revenue fund for the
two-year period beginning on the effective date of this Act to the
following community and junior colleges for the purpose of
restoring fiscal year 2009 proportional state contributions for
health benefits and providing a transitional adjustment sufficient
to set the restoration total for each institution at an amount equal
to the amount of the fiscal year 2009 higher education group
insurance contribution for each institution included in the line
item veto for Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
Regular Session, 2007 (the General Appropriations Act):
(1) $12,185,357 is appropriated out of the general
revenue fund to Alamo Community College;
(2) $1,574,860 is appropriated out of the general
revenue fund to Alvin Community College;
(3) $3,758,285 is appropriated out of the general
revenue fund to Amarillo College;
(4) $1,367,325 is appropriated out of the general
revenue fund to Angelina College;
(5) $7,164,544 is appropriated out of the general
revenue fund to Austin Community College;
(6) $3,054,600 is appropriated out of the general
revenue fund to Blinn College;
(7) $1,373,650 is appropriated out of the general
revenue fund to Brazosport College;
(8) $2,731,087 is appropriated out of the general
revenue fund to Central Texas College;
(9) $990,189 is appropriated out of the general
revenue fund to Cisco Junior College;
(10) $461,040 is appropriated out of the general
revenue fund to Clarendon College;
(11) $1,497,422 is appropriated out of the general
revenue fund to Coastal Bend College;
(12) $2,138,088 is appropriated out of the general
revenue fund to the College of the Mainland;
(13) $3,784,295 is appropriated out of the general
revenue fund to Collin County Community College;
(14) $15,758,341 is appropriated out of the general
revenue fund to the Dallas County Community College District;
(15) $4,018,340 is appropriated out of the general
revenue fund to Del Mar College;
(16) $6,182,391 is appropriated out of the general
revenue fund to El Paso Community College;
(17) $585,527 is appropriated out of the general
revenue fund to Frank Phillips College;
(18) $943,016 is appropriated out of the general
revenue fund to Galveston College;
(19) $1,468,952 is appropriated out of the general
revenue fund to Grayson County College;
(20) $954,181 is appropriated out of the general
revenue fund to Hill College;
(21) $10,278,053 is appropriated out of the general
revenue fund to Houston Community College;
(22) $1,813,685 is appropriated out of the general
revenue fund to Howard College;
(23) $2,129,068 is appropriated out of the general
revenue fund to Kilgore College;
(24) $3,342,228 is appropriated out of the general
revenue fund to Laredo Community College;
(25) $2,119,681 is appropriated out of the general
revenue fund to Lee College;
(26) $8,670,589 is appropriated out of the general
revenue fund to the Lone Star College System;
(27) $2,724,160 is appropriated out of the general
revenue fund to McLennan Community College;
(28) $2,065,163 is appropriated out of the general
revenue fund to Midland College;
(29) $1,470,933 is appropriated out of the general
revenue fund to Navarro College;
(30) $1,418,908 is appropriated out of the general
revenue fund to North Central Texas College;
(31) $874,764 is appropriated out of the general
revenue fund to Northeast Texas Community College;
(32) $1,963,198 is appropriated out of the general
revenue fund to Odessa College;
(33) $945,499 is appropriated out of the general
revenue fund to Panola College;
(34) $1,278,367 is appropriated out of the general
revenue fund to Paris Junior College;
(35) $474,991 is appropriated out of the general
revenue fund to Ranger College;
(36) $6,628,666 is appropriated out of the general
revenue fund to San Jacinto College;
(37) $3,338,955 is appropriated out of the general
revenue fund to South Plains College;
(38) $3,985,978 is appropriated out of the general
revenue fund to South Texas College;
(39) $1,666,736 is appropriated out of the general
revenue fund to Southwest Texas Junior College;
(40) $9,207,978 is appropriated out of the general
revenue fund to Tarrant County College;
(41) $1,330,783 is appropriated out of the general
revenue fund to Temple College;
(42) $1,667,329 is appropriated out of the general
revenue fund to Texarkana College;
(43) $1,706,940 is appropriated out of the general
revenue fund to Trinity Valley Community College;
(44) $3,361,192 is appropriated out of the general
revenue fund to Tyler Junior College;
(45) $1,120,729 is appropriated out of the general
revenue fund to Vernon College;
(46) $1,519,013 is appropriated out of the general
revenue fund to Victoria College;
(47) $1,397,289 is appropriated out of the general
revenue fund to Weatherford College;
(48) $694,843 is appropriated out of the general
revenue fund to Western Texas College; and
(49) $1,789,670 is appropriated out of the general
revenue fund to Wharton County Junior College.
SECTION 12. TEXAS FOREST SERVICE: VOLUNTEER FIRE DEPARTMENT
ASSISTANCE PROGRAM. In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2009, the amount of
$2,500,000 is appropriated out of general revenue fund dedicated
account number 5064 to the Texas Forest Service for the two-year
period beginning on the effective date of this Act for grants to
volunteer fire departments for training and equipment through the
Volunteer Fire Department Assistance Program.
SECTION 13. UNIVERSITY OF TEXAS MEDICAL BRANCH: HIGHER
EDUCATION GROUP INSURANCE CONTRIBUTIONS. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2009, the amount of $500,000 is appropriated out of the general
revenue fund to The University of Texas Medical Branch at Galveston
for the two-year period beginning on the effective date of this Act
for additional contributions made to higher education group
insurance made on behalf of 47 full-time equivalent positions
transferred under a contract with the Texas Youth Commission from
the Texas Tech University Health Sciences Center to The University
of Texas Medical Branch.
SECTION 14. THE UNIVERSITY OF NORTH TEXAS SYSTEM:
REIMBURSEMENT FOR PLANNING AND DESIGN. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2009, the amount of $2,800,000 is appropriated out of the
general revenue fund to the University of North Texas System for the
two-year period beginning on the effective date of this Act for the
purpose of reimbursing the cost of planning and design for
construction of a second academic building at the Dallas campus.
The legislature finds there is a demonstrated need for undertaking
the planning and design process for this building.
SECTION 15. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
OPERATIONS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2009, the amount of
$164,230,000 is appropriated out of the general revenue fund to the
Texas Department of Criminal Justice for the two-year period
beginning on the effective date of this Act for the purpose of
providing for salaries and wages, hazardous duty and longevity pay,
overtime pay, food for wards of the state, costs of damages
resulting from natural disasters, contracted temporary capacity,
utilities, information technology services, and fuel.
SECTION 16. TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
CORRECTIONAL MANAGED HEALTH CARE. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2009, the amount of $48,144,918 is appropriated out of the
general revenue fund to the Texas Department of Criminal Justice
for the two-year period beginning on the effective date of this Act
for the purpose of providing for correctional managed health and
psychiatric care, the use of infirmary beds at The University of
Texas Health Science Center at Tyler, outpatient cancer treatment,
and the rental of a CT scanner.
(b) Out of the funds appropriated in Subsection (a) of this
section, the Department of Criminal Justice and the Correctional
Managed Health Care Committee shall identify and evaluate
mechanisms to lower the cost of, or increase the quality of care in,
health or pharmacy services and submit a report to the Legislative
Budget Board and the governor no later than May 1, 2010.
SECTION 17. WATER DEVELOPMENT BOARD: MEDINA LAKE DAM.
Contingent on an interlocal agreement among interested parties,
including the Bexar-Medina-Atascosa Counties Water Control and
Improvement District No. 1, the Edwards Aquifer Authority, the
Bexar Metropolitan Water District and the San Antonio River
Authority, regarding repairs to the Lake Medina Dam, in addition to
amounts previously appropriated for the state fiscal biennium
ending August 31, 2009, the amount of $4,000,000 is appropriated
out of the general revenue fund to the Water Development Board for
the two-year period beginning on the effective date of this Act to
be transferred to the Water Assistance Fund to provide a grant to
the Bexar-Medina Atascosa Water Control and Improvement District #1
for structural improvements to the Medina Lake Dam.
SECTION 18. SOIL AND WATER CONSERVATION BOARD: MILEAGE
REIMBURSEMENT. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2009, the following
amounts are appropriated to the Soil and Water Conservation Board
for the two-year period beginning on the effective date of this Act
to provide mileage reimbursement for soil and water conservation
district directors:
(1) $54,664 is appropriated out of the general revenue
fund; and
(2) the unexpended and unencumbered balance of the
amounts appropriated by Section 19.63, Article IX, Chapter 1428
(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act).
SECTION 19. TEXAS DEPARTMENT OF TRANSPORTATION: HIGHWAY AND
BRIDGE CONSTRUCTION. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $662,200,000 is appropriated out of funds received
under the American Recovery and Reinvestment Act of 2009 (Pub. L.
No. 111-5) to the Texas Department of Transportation for the
two-year period beginning on the effective date of this Act for the
purpose of highway and bridge construction.
SECTION 20. RACING COMMISSION: REVENUE SHORTFALL. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2009, the amount of $348,525 is
appropriated out of the general revenue fund to the Racing
Commission for the two-year period beginning on the effective date
of this Act for the purpose of providing for current operations as a
result of a revenue shortfall.
SECTION 21. APPROPRIATION REDUCTION: THE UNIVERSITY OF
HOUSTON. The unencumbered appropriations from the general revenue
fund appropriated to the University of Houston for use during the
state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), by the Section 55 special item
appropriation for the University of Houston - Wind Energy under the
Special Provisions of Article III of that Act are reduced by
$4,245,244.
SECTION 22. THE UNIVERSITY OF HOUSTON: WIND ENERGY. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2009, the amount of $4,245,244 is
appropriated out of the general revenue fund to the University of
Houston for the two-year period beginning on the effective date of
this Act for the purpose of developing and constructing the
National Large Wind Turbine Research and Testing Facility. The
legislature finds there is a demonstrated need to develop and
construct this facility.
SECTION 23. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT:
TRANSFERS. Notwithstanding the transfer limitations of Section
14.01, Article IX, or Rider 4 following the appropriations to the
Judiciary Section, Comptroller's Department, in Chapter 1428 (H.B.
1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), the Judiciary Section, Comptroller's
Department, may transfer appropriations among items of
appropriations appropriated by Chapter 1428 (H.B. 1), Acts of the
80th Legislature, Regular Session, 2007 (the General
Appropriations Act), in any amount during the state fiscal biennium
ending August 31, 2009. The Judiciary Section, Comptroller's
Department, may use any funds transferred under this section to pay
for personnel expenses of the 435th District Court in Montgomery
County.
SECTION 24. APPROPRIATION REDUCTION: OFFICE OF ATTORNEY
GENERAL. As a result of savings created by the American Recovery
and Reinvestment Act of 2009 (Pub. L. No. 111-5) in providing a
temporary exemption for the use of federal incentives to increase
federal funds, the unencumbered appropriations from the general
revenue fund appropriated to the Office of the Attorney General for
use during the state fiscal biennium ending August 31, 2009, by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), under Strategy
B.1.1, Child Support Enforcement, are reduced by $27,300,000.
SECTION 25. APPROPRIATION REDUCTION: TEXAS TECH UNIVERSITY
HEALTH SCIENCES CENTER; HIGHER EDUCATION GROUP INSURANCE
CONTRIBUTIONS. The unencumbered appropriations from the general
revenue fund appropriated to the Texas Tech University Health
Sciences Center for use during the state fiscal biennium ending
August 31, 2009, by Chapter 1428 (H.B. 1), Acts of the 80th
Legislature, Regular Session, 2007 (the General Appropriations
Act), under the Article III appropriations for Higher Education
Employees Group Insurance Contributions (Strategy C.1.22, Texas
Tech University Health Sciences Center), are reduced by $500,000 to
reflect the transfer of 47 full-time equivalent employee positions
(FTEs) from the Texas Tech University Health Sciences Center to The
University of Texas Medical Branch at Galveston under a contract
with the Texas Youth Commission.
SECTION 26. APPROPRIATION REDUCTION: TEXAS EDUCATION
AGENCY. The unencumbered appropriations from the foundation school
fund appropriated to the Texas Education Agency for use during the
state fiscal biennium ending August 31, 2009, made by Chapter 1428
(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), under Strategy A.1.1, FSP-Equalized
Operations, are reduced by $500,000,000.
SECTION 27. HEALTH AND HUMAN SERVICES COMMISSION:
RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
limitation on transfer among appropriation items prescribed by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), for the fiscal year
ending August 31, 2009, but subject to the limitations prescribed
by Subsections (b)-(e) of this section, the Health and Human
Services Commission may allocate the amount appropriated by Section
52(1) of this Act among the items of appropriation listed under Goal
B, Medicaid.
(b) Any unexpended balances of general revenue funds
appropriated by Section 52(1) of this Act for the state fiscal year
ending August 31, 2009 (estimated to be $0), are appropriated to the
Health and Human Services Commission for the fiscal year beginning
September 1, 2009, for the purposes of Goal B, Medicaid, but the
amounts may be spent only with the prior approval of the Legislative
Budget Board and the governor obtained as prescribed by this
section.
(c) The commission shall submit a written request for prior
approval to the Legislative Budget Board and the governor and
concurrently provide a copy of the request to the comptroller. The
request for prior approval must be organized by fiscal year as
provided by this subsection. The commission shall provide the
following information:
(1) for the fiscal year with an unexpended balance:
(A) an explanation of the causes for the
unexpended balance;
(B) the amount of the unexpended balance by
strategy; and
(C) the associated incremental change in service
levels compared to applicable performance targets for that fiscal
year; and
(2) for the fiscal year receiving the funds:
(A) an explanation of the purposes for which the
unexpended balances will be used and whether the expenditures will
be one-time or ongoing;
(B) the amount of the expenditures by strategy;
(C) the incremental change in service levels
compared to applicable performance targets for that fiscal year;
and
(D) the capital budget impact.
(d) The request made under Subsection (c) of this section is
considered to be approved unless the Legislative Budget Board or
the governor issues a written disapproval on or before the 15th
business day after the date on which the staff of the Legislative
Budget Board concludes its review of the proposal to expend the
funds and forwards its review to the chair of the House
Appropriations Committee, chair of the Senate Finance Committee,
speaker of the house of representatives, and lieutenant governor.
(e) The comptroller may not allow the use of unexpended
balance amounts appropriated by this section if the Legislative
Budget Board provides notification to the comptroller that the
requirements of this section have not been satisfied.
SECTION 28. TEXAS EDUCATION AGENCY: APPROPRIATION
REDUCTION. The unencumbered appropriations from the general
revenue fund appropriated to the Texas Education Agency for use
during the state fiscal biennium ending August 31, 2009, made by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), are reduced by the
following amounts:
(1) $19,251,340 from Strategy A.2.1, Student Success;
(2) $1,037,973 from Strategy A.2.4, School
Improvement and Support Programs;
(3) $108,007 from Strategy B.2.1, Educational
Technology; and
(4) $1,300,434 from Strategy B.2.2, Safe Schools.
SECTION 29. OFFICE OF ATTORNEY GENERAL: ADDITIONAL
APPROPRIATION. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2009, the amount of
$27,300,000 is appropriated out of funds received under the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
to the Office of the Attorney General for the two-year period
beginning on the effective date of this Act for the purpose of
providing child support enforcement.
SECTION 30. AMERICAN RECOVERY AND REINVESTMENT ACT:
LIMITATION ON THE USE OF FUNDS. (a) None of the federal funds made
available under the American Recovery and Reinvestment Act (ARRA)
and appropriated by this Act may be expended for any purpose other
than those identified by this Act without prior approval of the
governor and Legislative Budget Board obtained in accordance with
this section and Section 34 of this Act.
(b) A state agency or institution receiving federal ARRA
funds appropriated by this Act shall notify the governor,
comptroller, Legislative Budget Board, and state auditor's office
whenever the federal government, including a federal agency, does
not approve an application by the agency or institution to spend the
federal ARRA funds in a particular manner. The notice may include a
proposed alternative use of the funds that the agency or
institution considers to be consistent with the purposes, as
identified by this Act, for which the funds may be used. Unless the
governor and the Legislative Budget Board issue a written
disapproval of a proposed alternative use within 15 business days
after receiving the notification of federal disapproval that
contains the proposed alternative use, the agency or institution
may expend the funds in accordance with the proposed alternative
use. If the governor and the Legislative Budget Board issue a
written disapproval of the proposed alternative use, the governor
and Legislative Budget Board may approve expenditure of the funds
in accordance with a modified alternative use identified by the
governor and the Legislative Budget Board.
(c) Before expending any federal ARRA funds appropriated by
this Act, each agency or institution shall notify the Legislative
Budget Board, the governor, and the comptroller of any changes in
federal law, rules, or regulations related to programs that receive
appropriations under this Act that could create a future fiscal
obligation to the state beyond the state fiscal year beginning
September 1, 2010. If after the 15th business day after
notification from the agency or institution the Legislative Budget
Board and the governor have not both issued a written disapproval of
the expenditure, the agency or institution may expend the funds.
(d) Each state agency or institution that receives federal
ARRA funds appropriated by this Act shall certify to the
Legislative Budget Board, the governor, and the comptroller how the
use of the funds or the programs receiving the funds comply with
applicable state law, federal law, rules, regulations, and other
relevant guidance, including any changes in guidance or
interpretation and any changes in information reported under this
section. The certification must include a statement that the
agency's chief executive and executive staff have knowledge of the
American Recovery and Reinvestment Act law and of federal agency
actions regarding that law and that those persons in their official
capacity accept responsibility that the agency's or institution's
use of federal ARRA funds appropriated by this Act comply with
applicable federal law, state law, rules, regulations, and relevant
guidance.
(e) The comptroller, in cooperation with the state auditor,
may prescribe and implement any payment and post-payment audit
procedures considered necessary to ensure compliance with this
section. The comptroller may provide consultation and training for
agencies and institutions prior to obligation or expenditure of
funds, and the comptroller shall provide technical assistance with
these matters as needed during the two-year period beginning with
the effective date of this Act. The comptroller shall coordinate
with the state auditor to ensure appropriate use of the funds
throughout the two-year period. Each state agency receiving
federal ARRA funds under this Act must comply with reporting
requirements prescribed by the comptroller and state auditor.
SECTION 31. AMERICAN RECOVERY AND REINVESTMENT ACT:
PRIORITY OF FUNDING. (a) To the extent allowed under the American
Recovery and Reinvestment Act (ARRA), from funds appropriated in
this Act, agencies and institutions shall give priority to
expenditures that do not recur beyond the two-year period that
begins on the effective date of this Act.
(b) To the extent allowed under ARRA, an agency or
institution may not create a liability that will cause the state to
make:
(1) repayment to the United States treasury
("clawback") of ARRA funds already expended in the event of a future
discontinuation of payments to the direct or indirect beneficiaries
of a program or strategy; or
(2) payments to direct or indirect beneficiaries of a
program or strategy in an amount that exceeds the amount of ARRA
funds actually received by the state from the United States
treasury.
SECTION 32. AMERICAN RECOVERY AND REINVESTMENT ACT:
INFORMATIONAL RIDER: REDUCTION IN GENERAL. The amounts of general
revenue reductions shown in certain agency appropriations in this
Act are in accordance with Title V, State Fiscal Relief, American
Recovery and Reinvestment Act.
SECTION 33. AMERICAN RECOVERY AND REINVESTMENT ACT: FMAP
ALLOCATIONS. Appropriations made by this Act to the Health and
Human Services Commission for Medicaid Enhanced FMAP shall be
allocated by the commission to affected agencies. The commission
shall submit a plan for that allocation to the Legislative Budget
Board and the governor not later than the 30th day after the
effective date of this Act.
SECTION 34. AMERICAN RECOVERY AND REINVESTMENT ACT:
REPORTING REQUIREMENTS. (a) Each state agency and institution of
higher education receiving appropriations under this Act or under
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), shall develop and
submit a plan to the Legislative Budget Board and the governor
providing details on the entity's intended use of appropriations
received from money available under the American Recovery and
Reinvestment Act (ARRA). The plan shall include a summary of any
ARRA funds spent, allocated, or encumbered on or before August 31,
2009. The report shall be delivered not later than September 30,
2009. Unless the Legislative Budget Board and the governor issue a
written disapproval of proposed expenditures under the plan within
15 business days after September 30, 2009, the agency or
institution may expend the funds in accordance with the plan,
subject to Section 30 of this Act.
(b) Each of the agencies and institutions receiving
appropriations under this Act shall submit quarterly reports on the
expenditure of funds received from money available under the
American Recovery and Reinvestment Act (ARRA). The report shall be
in the format prescribed by the Legislative Budget Board and must
include the estimated number of jobs that will be created or
retained in this state and the number of full-time equivalent
positions that will be created at the agency or institution. The
quarterly reports must be submitted on or before December 31, March
31, June 30, and September 30 of each year to the governor,
Legislative Budget Board, state auditor's office, and comptroller.
(c) Each agency or institution that receives funds from
money available under the American Recovery and Reinvestment Act
and that provides reports to the Legislative Budget Board and
federal agencies regarding funding received from that money shall
post on the agency's or institution's Internet website the agency's
or institution's ARRA report and provide a link to the state
auditor's office fraud hotline.
SECTION 35. AMERICAN RECOVERY AND REINVESTMENT ACT:
LEGISLATIVE INTENT. It is the intent of the legislature that all
American Recovery and Reinvestment Act funding appropriated by this
Act or by Senate Bill 1, Acts of the 81st Legislature, Regular
Session, 2009 (the General Appropriations Act), be allocated as
prescribed in each respective Act.
SECTION 36. DEPARTMENT OF AGING AND DISABILITY SERVICES:
LIMITATION ON CASELOADS. From amounts appropriated by Chapter 1428
(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), for the fiscal year ending August 31,
2009, the Department of Aging and Disability Services may not at any
time during the period beginning on the effective date of this Act
and ending August 31, 2009, exceed the following limitations on the
total number of clients served under the following appropriation
items:
(1) 26,400 clients under Strategy A.3.1, Community
Based Alternatives (CBA);
(2) 15,629 clients under Strategy A.3.2, Home and
Community-based Services (HCS);
(3) 4,199 clients under Strategy A.3.3, Community
Living Assistance and Support Services (CLASS);
(4) 154 clients under Strategy A.3.4, Deaf-blind
Multiple Disabilities (DBMD);
(5) 2,745 clients under Strategy A.3.5, Medically
Dependent Children Program (MDCP);
(6) 160 clients under Strategy A.3.6, Consolidated
Waiver Program;
(7) 994 clients under Strategy A.3.7, Texas Home
Living Waiver;
(8) 39,005 clients under Strategy A.4.1, Non-Medicaid
Services;
(9) 13,109 clients under Strategy A.4.2, MR Community
Services;
(10) 5,442 clients under Strategy A.4.4, In-Home and
Family Support;
(11) 3,060 clients under Strategy A.4.5, Mental
Retardation In-Home Services; and
(12) 902 clients under Strategy A.5.1, Program of
All-Inclusive Care for the Elderly (PACE).
SECTION 37. HEALTH AND HUMAN SERVICES COMMISSION: TRANSFER
OF FUNDS APPROPRIATED FOR CHIP SERVICES. Notwithstanding any
provision of another Act making appropriations to the contrary, the
Health and Human Services Commission, without the necessity of
prior approval by another office or entity, may transfer funds
appropriated to the commission under Goal C, CHIP Services, or Goal
B, Medicaid by Chapter 1428 (H.B. 1) Acts of the 80th Legislature,
Regular Session, 2007 (the General Appropriations Act) between Goal
C, CHIP Services and Goal B, Medicaid, for the fiscal year ending
August 31, 2009.
SECTION 38. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
SERVICES: APPROPRIATION REDUCTION. The unencumbered
appropriations made by Chapter 1428 (H.B. 1), Acts of the 80th
Legislature, Regular Session, 2007 (the General Appropriations
Act), from the general revenue fund for Vocational Rehabilitation
(Fund 8007) to the Department of Assistive and Rehabilitative
Services for use during the state fiscal biennium ending August 31,
2009, under Strategy B.3.1, Vocational Rehabilitation-General, are
reduced by $2,931,371.
SECTION 39. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
APPROPRIATION REDUCTION AND RELATED TRANSFER AUTHORITY. (a) The
unencumbered appropriations from the general revenue fund
appropriated to the Department of Family and Protective Services
for use during the state fiscal biennium ending August 31, 2009,
made by Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), are reduced by the
following amounts:
(1) $3,961,399 under Strategy A.2.1, CPS Direct
Delivery Staff;
(2) $1,769,065 under Strategy A.2.12, STAR Program;
(3) $1,100,000 under Strategy A.2.13, CYD Program; and
(4) $1,368,000 under Strategy A.2.16, Other At-Risk
Prevention Programs.
(b) Notwithstanding any limitation on transfer among
appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), for the fiscal year ending August 31, 2009,
the Department of Family and Protective Services may transfer
federal funds from the following items of appropriation to Strategy
A.2.1, CPS Direct Delivery Staff:
(1) Strategy A.2.12, STAR Program;
(2) Strategy A.2.13, CYD Program;
(3) Strategy A.2.14, Texas Families Program; and
(4) Strategy A.2.16, Other At-Risk Prevention
Programs.
SECTION 40. HEALTH AND HUMAN SERVICES COMMISSION: TEMPORARY
ASSISTANCE TO NEEDY FAMILIES GRANTS. Notwithstanding any provision
of Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), the Health and
Human Services Commission may use current unexpended TANF balances
for the purpose of funding an additional $75 one-time grant for a
total of $105 in the state fiscal year ending August 31, 2009, for
each TANF child in an effort to maximize funds received by this
state under the American Recovery and Reinvestment Act of 2009.
SECTION 41. TEXAS YOUTH COMMISSION: RESTORATION OF TRANSFER
AUTHORITY. Notwithstanding any limitation on transfers among
appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), the Texas Youth Commission may transfer an
amount not to exceed $5,589,975 from Strategy A.1.3, Contracted
Capacity, to Strategy A.1.2, Institutional Services.
SECTION 42. DEPARTMENT OF AGING AND DISABILITY SERVICES:
APPROPRIATION REDUCTION. As a result of savings created by the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
the unencumbered appropriations from the general revenue fund
appropriated to the Department of Aging and Disability Services for
use during the state fiscal biennium ending August 31, 2009, by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act) under Strategy
A.6.1, Nursing Facility Payments, are reduced by $473,774,915.
SECTION 43. DEPARTMENT OF AGING AND DISABILITY SERVICES:
RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
limitation on transfer among appropriation items prescribed by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), the Department of
Aging and Disability Services for the fiscal year ending August 31,
2009, may allocate the reduction in appropriations under Section 42
of this Act among the items of appropriation listed by Subsection
(c) of this section.
(b) Notwithstanding any limitation on transfer among
appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), the Department of Aging and Disability
Services for the fiscal year ending August 31, 2009, may allocate
the additional amount appropriated under Section 49 of this Act
among the items of appropriation listed by Subsection (c) of this
section.
(c) The Department of Aging and Disability Services may
allocate the additional and reduced amounts appropriated as
described by Subsections (a) and (b) of this section among the
following items of appropriation:
(1) A.2.1, Primary Home Care;
(2) A.2.2, Community Attendant Services;
(3) A.2.3, Day Activity and Health Services (DAHS);
(4) A.3.1, Community-based Alternatives (CBA);
(5) A.3.2, Home and Community-based Services (HCS);
(6) A.3.3, Community Living Assistance and Support
Services (CLASS);
(7) A.3.4, Deaf-blind Multiple Disabilities (DBMD);
(8) A.3.5, Medically Dependent Children Program
(MDCP);
(9) A.3.6, Consolidated Waiver Program;
(10) A.3.7, Texas Home Living Waiver;
(11) A.5.1, Program of All-Inclusive Care for the
Elderly (PACE);
(12) A.6.1, Nursing Facility Payments;
(13) A.6.2, Medicare Skilled Nursing Facility;
(14) A.6.3, Hospice;
(15) A.6.4, Promoting Independence by Providing
Community-based Client Services;
(16) A.7.1, Intermediate Care Facilities - Mental
Retardation (ICF/MR); and
(17) A.8.1, MR State Schools Services.
SECTION 44. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
SECURITY EQUIPMENT. (a) In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $10,000,000 is appropriated out of the general
revenue fund to the Texas Department of Criminal Justice for the
two-year period beginning on the effective date of this Act for the
purpose of purchasing correctional security equipment.
(b) In addition to the capital budget authority previously
granted for the state fiscal biennium ending August 31, 2009, the
Department of Criminal Justice may use $10,000,000 in capital
budget authority for an additional capital budget item for the
acquisition of capital equipment and items.
SECTION 45. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
APPROPRIATION REDUCTION. As a result of savings created by the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
the unencumbered amounts appropriated from the general revenue fund
to the Department of Family and Protective Services for use during
the state fiscal biennium ending August 31, 2009, by Chapter 1428
(H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), are reduced by the following amounts:
(1) $10,976,561 under Strategy A.2.10, Foster Care
Payments; and
(2) $7,565,224 under Strategy A.2.11, Adoption
Subsidy Payments.
SECTION 46. HEALTH AND HUMAN SERVICES COMMISSION:
APPROPRIATION REDUCTION. As a result of savings created by the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
the unencumbered amounts appropriated from the general revenue fund
to the Health and Human Services Commission for use during the state
fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B. 1),
Acts of the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), under Strategy B.1.4, Children and Medically
Needy, are reduced by $1,127,526,993.
SECTION 47. HEALTH AND HUMAN SERVICES COMMISSION:
RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
limitation on transfer among appropriation items prescribed by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), the Health and
Human Services Commission for the fiscal year ending August 31,
2009, may allocate the reduction in appropriations under Section 46
of this Act among the items of appropriation listed under Goal B,
Medicaid.
(b) Notwithstanding any limitation on transfer among
appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), the Health and Human Services Commission for
the fiscal year ending August 31, 2009, may allocate the additional
amount appropriated under Section 52(2) of this Act among the items
of appropriation listed under Goal B, Medicaid.
SECTION 48. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
APPROPRIATION REDUCTION. The unencumbered amounts appropriated to
the Department of Family and Protective Services for use during the
state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
1), Acts of the 80th Legislature, Regular Session, 2007 (the
General Appropriations Act), under Strategy A.2.10, Foster Care
Payments, are reduced by the following amounts:
(1) $24,041,141 out of the general revenue fund
appropriations for that strategy; and
(2) $25,534,391 out of the federal funds (TANF)
appropriations for that strategy.
SECTION 49. DEPARTMENT OF AGING AND DISABILITY SERVICES:
ADDITIONAL APPROPRIATIONS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $74,351,306 is appropriated out of the general
revenue fund to the Department of Aging and Disability Services
under Strategy A.6.1, Nursing Facility Payments, for the fiscal
year ending August 31, 2009.
SECTION 50. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
ADDITIONAL APPROPRIATIONS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the Department of Family and Protective Services is appropriated
for the fiscal year ending August 31, 2009, the following amounts
for the following purposes:
(1) $7,211,846 from the general revenue fund under
Strategy A.2.11, Adoption Subsidy Payments;
(2) $6,657,839 from the general revenue fund under
Strategy C.1.1, CPS Reform Continued;
(3) $3,732,979 in federal funds (TANF) under Strategy
C.1.1, CPS Reform Continued;
(4) $14,248,456 from the general revenue fund under
Strategy A.3.1, APS Direct Delivery Staff, for the loss of Medicaid
federal funds;
(5) $18,620,948 in federal funds (TANF) under Strategy
A.2.1, CPS Direct Delivery Staff, for enterprise support services;
and
(6) $6,693,100 from the general revenue fund under
Strategy A.2.3, TWC Foster Day Care.
SECTION 51. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
RESTORATION OF TRANSFER AUTHORITY. (a) Notwithstanding any
limitation on transfer among appropriation items prescribed by
Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
Session, 2007 (the General Appropriations Act), for the fiscal year
ending August 31, 2009, the Department of Family and Protective
Services may allocate any amounts appropriated in Sections 50(4)
and 50(5) of this Act among the following items of appropriation:
(1) Strategy A.1.1, Statewide Intake Services;
(2) Strategy A.2.1, CPS Direct Delivery Staff;
(3) Strategy A.2.2, CPS Program Support;
(4) Strategy A.3.1, APS Direct Delivery Staff;
(5) Strategy A.3.2, APS Program Support;
(6) Strategy A.3.3, MH and MR Investigations;
(7) Strategy A.4.1, Child Care Regulation;
(8) Strategy B.1.1, Central Administration;
(9) Strategy B.1.2, Other Support Services;
(10) Strategy B.1.3, Regional Administration; and
(11) Strategy B.1.4, IT Program Support.
(b) Notwithstanding any limitation on transfer among
appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), the Department of Family and Protective
Services for the fiscal year ending August 31, 2009, may transfer to
Strategy A.2.4, TWC Protective Day Care, amounts appropriated by
Section 50(6) of this Act to Strategy A.2.3, TWC Foster Day Care.
SECTION 52. HEALTH AND HUMAN SERVICES COMMISSION:
ADDITIONAL APPROPRIATIONS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the Health and Human Services Commission is appropriated for the
fiscal year ending August 31, 2009, the following amounts for the
following purposes:
(1) $759,113,979 from the general revenue fund under
Goal B, Medicaid; and
(2) $323,850,650 from the general revenue fund under
Strategy B.2.3, Medicare Federal Give Back.
SECTION 53. DEPARTMENT OF STATE HEALTH SERVICES: REMOVAL OF
CERTAIN LIMITATIONS. (a) In order to meet an expected shortfall
within the mental health hospital system, the limitations
prescribed by the following provisions of Chapter 1428 (H.B. 1),
Acts of the 80th Legislature, Regular Session, 2007 (the General
Appropriations Act), do not limit appropriations made to the
Department of State Health Services for the fiscal year ending
August 31, 2009:
(1) Section 8.03(e), Article IX (Reimbursements and
Payments);
(2) Section 14.01, Article IX (Appropriation
Transfers);
(3) Section 49, Article II, Special Provisions,
Contingent Appropriation of Medicare Part D Savings;
(4) Rider 46, State Owned Multicategorical Teaching
Hospital Account (UTMB), following the appropriations to the
Department of State Health Services; and
(5) Rider 55, County Indigent Health Care, following
the appropriations to the Department of State Health Services.
(b) The Department of State Health Services shall report to
the Legislative Budget Board not later than October 1, 2009,
regarding each instance in which the Department of State Health
Services transferred funds to meet the shortfall within the mental
health hospital system. The report shall include at a minimum the
items of appropriation from which the funds were transferred, the
items of appropriation to which the funds were transferred, the
amount and method of finance of funds used in each transfer, and any
other information requested by the Legislative Budget Board.
SECTION 54. HEALTH AND HUMAN SERVICES COMMISSION:
ADDITIONAL FEDERAL MEDICAID FUNDING. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2009, the amount of $1,619,843,693 is appropriated out of funds
received under the American Recovery and Reinvestment Act of 2009
(Pub. L. No. 111-5) to the Health and Human Services Commission for
the two-year period beginning on the effective date of this Act for
the purpose of increased federal funding for Medicaid and foster
care/adoption subsidies.
SECTION 55. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
NATURAL DISASTERS. (a) The following amounts are appropriated out
of the general revenue fund to the following agencies and
institutions of higher education for the two-year period beginning
on the effective date of this Act for the purpose of paying for, or
reimbursing payments made for, costs incurred by the agencies or
institutions associated with damages or disruptions caused by
natural disasters that occurred before the effective date of this
Act during the state fiscal biennium that began September 1, 2007:
(1) UT Medical Branch at Galveston: $150,000,000;
(2) Brazosport College: $120,111;
(3) Parks and Wildlife Department: $12,000,000;
(4) UT M.D. Anderson Cancer Center: $1,725,995;
(5) Alvin College: $2,358,771;
(6) Texas A&M Galveston: $6,200,000;
(7) Texas Forest Service: $385,091;
(8) Houston Community College: $1,507,670;
(9) Commission on Environmental Quality: $4,600,000;
(10) San Jacinto College: $3,045,820;
(11) Galveston College: $407,406;
(12) Texas Engineering Extension Service: $1,200,000;
(13) Adjutant General's Department: $1,244,007;
(14) The University of Texas at Brownsville:
$1,200,000;
(15) Lamar University: $2,803,561;
(16) Lamar Institute of Technology: $2,007,758;
(17) Lamar State College: Port Arthur: $829,530;
(18) Texas Southern University: $9,720,192;
(19) College of the Mainland: $176,236;
(20) The University of Texas Pan American: $102,258;
(21) The University of Texas Health Center at Tyler:
$1,461,557;
(22) The University of Texas Health Science Center at
Houston: $1,000,000;
(23) University of Houston System Administration:
$7,339,000;
(24) Texas State Technical College: Harlingen:
$904,558;
(25) Lamar State College: Orange: $600,000;
(26) Prairie View A&M University: $488,864;
(27) Lee College: $137,554; and
(28) Department of Agriculture: $20,000,000.
(b) For each appropriation made to an entity by this section
in an amount that exceeds $5,000,000, the comptroller shall
separately account for expenditures from that item of appropriation
and for reimbursements to the general revenue fund made in
connection with that item of appropriation in accordance with
Section 62 of this Act by creating, for accounting purposes, a
separate account within the general revenue fund. Expenditures
from each item of appropriation subject to this section shall be
made from the separate account created for that item and
reimbursements to the general revenue fund made in connection with
that item of appropriation in accordance with Section 62 of this Act
shall be deposited to that separate account. It is the intent of
the 81st Legislature that the 82nd Legislature appropriate for
further recovery efforts from the natural disaster that are still
being made or paid for by the entity that received the appropriation
any money received as reimbursements to the general revenue fund in
connection with the appropriation to that entity and separately
accounted for in accordance with this subsection.
(c) The amount appropriated by this section to UT Medical
Branch at Galveston may be spent only to provide matching funds for
FEMA qualifying projects, except that if that amount cannot be
prudently and effectively spent in that manner, the remainder of
the $150,000,000 appropriation may be spent only with the prior
written approval of the Legislative Budget Board.
(d) The amounts appropriated by this section to the
Department of Agriculture shall be spent to compensate the Texas
Boll Weevil Eradication Foundation for a portion of the
foundation's increased expenses incurred because of Hurricane Ike
and Hurricane Dolly. The Texas Boll Weevil Eradication Foundation
and the Department of Agriculture must approve the allocation of
funds appropriated by this section to each eligible boll weevil
eradication zone. The Department of Agriculture shall remit the
amounts appropriated by this section to the Texas Boll Weevil
Eradication Foundation, and the foundation shall credit the funds
to the accounts of the following boll weevil eradication zones:
(1) Southern Blacklands;
(2) Northern Blacklands;
(3) Upper Coastal Bend;
(4) South Texas/Winter Garden; and
(5) Lower Rio Grande Valley.
SECTION 56. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
WILDFIRES. The amount of $31,478,218 is appropriated out of the
general revenue fund to the Texas Forest Service for the two-year
period beginning on the effective date of this Act for the purpose
of paying for, or reimbursing payments made for, costs incurred by
the Texas Forest Service associated with wildfires that occurred
before the effective date of this Act during the state fiscal
biennium that began September 1, 2007.
SECTION 57. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
FLOODING. The amount of $69,339 is appropriated out of the general
revenue fund to the Texas Forest Service for the two-year period
beginning on the effective date of this Act for the purpose of
paying for, or reimbursing payments made for, costs incurred by the
forest service associated with flooding that occurred before the
effective date of this Act during the state fiscal biennium that
began September 1, 2007.
SECTION 58. CERTAIN APPROPRIATIONS FOR DISASTER RELIEF.
(a) The amount of $62 million is appropriated out of the general
revenue fund to the Trusteed Programs within the Office of the
Governor for the two-year period beginning on the effective date of
this Act for the purpose of providing disaster relief in accordance
with this section. The prior approval of the Legislative Budget
Board given or considered to be given as provided by this subsection
is required to expend funds for the purpose of providing
reimbursements for post disaster recovery expenditures. The
Governor's Division of Emergency Management shall provide
information regarding proposed expenditures of funds for this
purpose to the Legislative Budget Board in a format provided by the
board. If the Legislative Budget Board does not disapprove a
proposed reimbursement for post disaster recovery expenditures
within 10 days of receiving the required information, the proposed
expenditure is considered automatically approved.
(b) The amounts appropriated by Subsection (a) of this
section may be transferred to the disaster contingency fund and
expended out of the disaster contingency fund only serially as
conditions warrant.
(c) Out of amounts appropriated in Subsection (a) of this
section, it is the intent of the legislature that $1,508,450 be used
to pay for air ambulance services in connection with emergency
evacuation operations during Hurricane Rita conducted from
September 21 through September 29, 2005.
(d) Out of amounts appropriated by Subsection (a) of this
section, it is the intent of the legislature that the governor
coordinate with the Texas Education Agency to reimburse eligible
school districts in an aggregate amount not to exceed $10 million
for qualifying disaster remediation costs.
(e) Out of amounts appropriated by Subsection (a) of this
section, it is the intent of the legislature that the Governor's
Division of Emergency Management shall reimburse the Texas
Engineering Extension Service for costs incurred in connection with
the response of the Texas Task Force 1 to certain flooding.
(f) Out of amounts appropriated by Subsection (a) of this
section, it is the intent of the legislature that the Governor's
Division of Emergency Management may reimburse the General Land
Office for repairs made to the protective dune system for County
Road 257.
SECTION 59. UNIVERSITY OF TEXAS AT AUSTIN: HOLD HARMLESS.
(a) In addition to amounts previously appropriated for the state
fiscal biennium ending August 31, 2009, the amount of $9,902,630 is
appropriated out of the general revenue fund to The University of
Texas at Austin for the two-year period beginning on the effective
date of this Act for the purpose of providing The University of
Texas the 2008-2009 biennium formula hold harmless amount.
(b) From appropriations made by Subsection (a) of this
section, The University of Texas at Austin shall direct the amount
of $700,000 to the Marine Science Institute to support the National
Estuarine Research Reserve.
SECTION 60. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
GOVERNOR: DEBRIS REMOVAL. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $16,565,040 is appropriated out of the general
revenue fund to the Trusteed Programs within the Office of the
Governor for the two-year period beginning on the effective date of
this Act for the Governor's Division of Emergency Management to
remove debris from Harris County, Jefferson County, Chambers
County, Brazoria County, Galveston County, and the City of Houston.
SECTION 61. TEXAS STATE UNIVERSITY SYSTEM: DISASTER
RECOVERY REIMBURSEMENTS. It is the intent of the legislature that
all funds received after the effective date of this Act by the Texas
State University System or its component institutions for
reimbursement of disaster recovery related expenditures associated
with Hurricane Katrina and Hurricane Rita shall be immediately
deposited to the credit of unappropriated general revenue. These
funds include, but are not limited to, an estimated $9,100,000 in
Federal Emergency Management Agency (FEMA) reimbursements.
SECTION 62. REIMBURSEMENT TO GENERAL REVENUE FUND. (a) If
any state agency or institution of higher education receives
reimbursement from the federal government, an insurer, or another
source for an expenditure paid for or reimbursed under Sections 9,
15, 52, 55, 56, or 57 of this Act, the agency or institution shall
reimburse the state in an amount equal to the general revenue funds
expended for damages that is proportional to the total expenditures
for damages described under Sections 9, 15, 52, 55, 56, or 57 of
this Act, and that amount shall be deposited to the credit of the
general revenue fund.
(b) If any state agency or institution of higher education
receives reimbursement from the federal government, an insurer, or
another source for an expenditure paid for or reimbursed under
Section 58 or 60 of this Act, the agency or institution shall
reimburse the state by depositing the amount of the reimbursement
to the credit of the Trusteed Programs within the Office of the
Governor. Amounts deposited under this subsection are
reappropriated to the Trusteed Programs within the Office of the
Governor for disaster preparedness and recovery costs for the
two-year period beginning on the effective date of this Act.
SECTION 63. DEBT SERVICE PAYMENTS - NON-SELF SUPPORTING
GENERAL OBLIGATION WATER BONDS: APPROPRIATION REDUCTION. The
unencumbered appropriations from the general revenue fund
appropriated to the Water Development Board for Debt Service
Payments for Non-Self Supporting G.O. Water Bonds for use during
the state fiscal biennium ending August 31, 2009, made by Chapter
1428 (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007
(the General Appropriations Act), are reduced by the following
amounts:
(1) $15,820,198 from Strategy A.1.2, State
Participation Debt Service;
(2) $15,231,801 from Strategy A.1.1, EDAP Debt
Service;
(3) $3,354 from Strategy A.1.3, AG Water Conservation
Debt; and
(4) $1,894,416 from Strategy A.1.4, WIF Debt Service.
SECTION 64. STATE AUDITOR AUTHORITY: DISASTER RELIEF
APPROPRIATIONS. An entity receiving funds under this Act
appropriated for disaster relief, including an entity receiving
funds appropriated in response to a natural disaster and a unit of
local government receiving funds appropriated for transfer to and
expenditure out of the disaster contingency fund, is subject to
audit by the state auditor based on a risk assessment made by the
state auditor in developing the annual audit plan under Chapter
321, Government Code. As part of the risk assessment of an entity,
including a unit of local government, the state auditor may
consider:
(1) the amount of money directly appropriated to an
entity by this Act or received by a unit of local government out of
money appropriated for transfer to and expenditure out of the
disaster contingency fund by this Act;
(2) the amount of money reimbursed under a provision
of this Act requiring that the general revenue fund or disaster
contingency fund be reimbursed under certain circumstances; and
(3) the methodology used by an entity, including a
unit of local government, to estimate a loss caused by a disaster.
SECTION 65. GENERAL LAND OFFICE: FEMA REIMBURSEMENTS. (a)
Reimbursements received from the Federal Emergency Management
Agency (an estimated amount of $39 million) for expenses incurred
by the General Land Office in removing debris caused by Hurricane
Ike and paid for with $39 million in emergency funds transferred
from the Texas Public Finance Authority are appropriated to the
General Land Office for the period ending on May 30, 2011, for the
purpose of funding coastal management programs of the land office,
including debris and structure removal, derelict structure
buyouts, shoreline stabilization, dune restoration, beach
renourishment, coastal erosion mitigation, and other coastal
projects authorized by statute.
(b) Not later than May 31, 2011, the General Land Office
shall deposit to the credit of undedicated general revenue an
amount equal to the amount of reimbursements received and
appropriated to the General Land Office under Subsection (a) of
this section.
SECTION 66. APPROPRIATIONS ALLOCATED TO APPROPRIATE
GENERAL APPROPRIATIONS ACT STRATEGIES. Except as otherwise
provided by this Act, the agencies and institutions receiving
appropriations made by this Act shall allocate the appropriations
to the appropriate General Appropriations Act strategies.
SECTION 67. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
SERVICES: AUTISM. (a) In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $6,600,000 is appropriated out of the general revenue
fund to the Department of Assistive and Rehabilitative Services for
the two-year period beginning on the effective date of this Act to
provide autism services for children ages three to eight.
(b) Out of the funds appropriated in this section, the
Department of Assistive and Rehabilitative Services shall make
every effort to attain the following performance measure targets:
(1) provide autism services to an average of 127
children per month for the fiscal year ending August 31, 2010, and
provide autism services to an average of 127 children per month for
the fiscal year ending August 31, 2011;
(2) provide autism services at an average monthly cost
per child of $2,185 for the fiscal year ending August 31, 2010, and
provide autism services at an average monthly cost per child of
$2,185 for the fiscal year ending August 31, 2011;
(3) provide autism services to 224 children by the end
of the fiscal year ending August 31, 2010, and provide autism
services to 224 children by the end of the fiscal year ending August
31, 2011.
SECTION 68. CONTINGENCY FOR DEPARTMENT OF JUSTICE
SETTLEMENT. (a) Contingent on the State of Texas and the United
States Department of Justice reaching a settlement agreement, the
Department of Aging and Disability Services is appropriated the
amount of $45,069,658 out of the general revenue fund for the
two-year period beginning on the effective date of this Act, for the
purpose of providing for additional staffing, monitoring
activities, training, and other one-time costs.
(b) Also contingent upon the State of Texas and the United
States Department of Justice reaching a settlement agreement, in
addition to the number of full-time equivalent employees (FTEs) the
Department of Aging and Disability Services is authorized by other
law to employ during the state fiscal year ending August 31, 2010,
the department may employ an additional 1,160.0 FTEs during that
state fiscal year. In addition to the number of full-time
equivalent employees (FTEs) the Department of Aging and Disability
Services is authorized by other law to employ during the state
fiscal year ending August 31, 2011, the department may employ an
additional 1,160.0 FTEs during that state fiscal year.
(c) Contingent on the State of Texas and the United States
Department of Justice reaching a settlement agreement, the
Department of Family and Protective Services is appropriated the
amount of $1,544,907 out of the general revenue fund for the fiscal
year ending August 31, 2010, and $1,606,426 out of the general
revenue fund for the period beginning on September 1, 2010, and
ending on the last effective day of this Act for incident management
and to ensure the protection from harm, abuse, or neglect for
residents of state schools.
(d) Also contingent upon the State of Texas and the United
States Department of Justice reaching a settlement agreement, in
addition to the number of full-time equivalent employees (FTEs) the
Department of Family and Protective Services is authorized by other
law to employ during the state fiscal year ending August 31, 2010,
the department may employ an additional 37.0 FTEs during that state
fiscal year. In addition to the number of full-time equivalent
employees (FTEs) the Department of Family and Protective Services
is authorized by other law to employ during the state fiscal year
ending August 31, 2011, the department may employ an additional
43.0 FTEs during that state fiscal year.
SECTION 69. TEXAS STATE TECHNICAL COLLEGE SYSTEM
ADMINISTRATION: RENOVATIONS AND CAPITAL EXPENDITURES. Contingent
on the enactment of H.B. 2654 or similar legislation relating to
imposition of the motor vehicle sales tax on motor vehicles
transferred as the result of a gift by the 81st Legislature, Regular
Session, 2009, and also contingent on the comptroller certifying
that the estimated amount of additional general revenue produced by
the enactment of H.B. 2654 or similar legislation relating to
imposition of the motor vehicle sales tax on motor vehicles
transferred as the result of a gift exceeds $10,000,000, the Texas
State Technical College System Administration is appropriated the
amount of $10,000,000 out of the general revenue fund for the fiscal
year ending August 31, 2010, for capital expenditures and
renovations for collaborative research projects. The legislature
finds a demonstrated need for these capital expenditures and
renovations.
SECTION 70. TEXAS SOUTHERN UNIVERSITY: MICKEY LELAND AND
BARBARA JORDAN PAPERS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2009,
the amount of $150,000 is appropriated out of the general revenue
fund to Texas Southern University for the two-year period beginning
on the effective date of this Act to ensure the proper preservation
and display of the Mickey Leland and Barbara Jordan papers
maintained by the university.
SECTION 71. TEXAS PARKS AND WILDLIFE DEPARTMENT: TEXAS
STATE RAILROAD. In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2009, the amount of
$1,000,000 is appropriated to the Texas Parks and Wildlife
Department out of the general revenue fund for the two-year period
beginning on the effective date of this Act for the purpose of
supporting the operations of the Texas State Railroad. The
comptroller shall release funds provided in this section contingent
on review and approval by the Legislative Budget Board of a signed
contract between the Texas State Railroad Authority and the
railroad operator describing loan terms and regular reporting to
the Legislative Budget Board on the revolving account.
SECTION 72. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2009, the amount of $2,000,000 is
appropriated out of the general revenue dedicated account number
550 to the Texas Commission on Environmental Quality for the
two-year period beginning on the effective date of this Act for
conducting hazardous substance removal and disposal activities at
Ballard Pits, a state superfund site in Nueces County.
SECTION 73. DEPARTMENT OF AGING AND DISABILITY SERVICES:
CONTINGENCY FOR SENATE BILL 643. (a) Contingent on the enactment
by the 81st Legislature, Regular Session, 2009, and becoming law of
Senate Bill 643 or similar legislation relating to the protection
and care of persons with mental retardation, the Department of
Aging and Disability Services is appropriated, in addition to
amounts previously appropriated for the state fiscal biennium
ending August 31, 2009, the amount of $19,000,000 from the general
revenue fund and $19,000,000 from federal funds for the two-year
period beginning on the effective date of this Act to fully
implement the provisions of the legislation; to install video
surveillance equipment in areas defined as nonprivate space for
residents of state developmental centers and the ICF/MR component
of the Rio Grande State Center; and to monitor video across shifts
to detect and prevent abuse and exploitation of residents and
clients.
(b) In addition to the number of full-time equivalent
employees (FTEs) the Department of Aging and Disability Services is
authorized by other law to employ during the state fiscal biennium
ending August 31, 2011, the department may employ an additional
186.0 FTEs during that state fiscal biennium.
(c) Also contingent on enactment by the 81st Legislature,
Regular Session, 2009 and becoming law of Senate Bill 643 or similar
legislation relating to the protection and care of persons with
mental retardation, the Department of Aging and Disability Services
shall use amounts appropriated by Senate Bill 1, Acts of the 81st
Legislature, Regular Session, 2009 (the General Appropriations
Act), to implement name changes, mortality reviews, on-site annual
surveys of group homes, the Forensic State Supported Living Center,
an independent ombudsman, a new assistance commissioner,
behavioral support specialists for alleged offenders, and employee
background checks, finger printing, and drug testing.
SECTION 74. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:
TEXAS EMISSIONS REDUCTION PLAN ACCOUNT. The Texas Commission on
Environmental Quality is appropriated the amount of $37,000,000 out
of the Texas Emissions Reduction Plan Account No. 5071 for the
two-year period beginning on the effective date of this Act for the
implementation of activities under Subsection (a) of 386.252 of the
Health and Safety Code.
SECTION 75. DEPARTMENT OF PUBLIC SAFETY: EMERGENCY
PREPAREDNESS. The Department of Public Safety is appropriated the
amount of $4,500,000 from the general revenue fund under Goal D,
Emergency Management, for the two-year period beginning on the
effective date of this Act to be transferred to the Division of
Emergency Management for staffing and emergency systems to apply
lessons learned in multiple major disasters in 2007 and 2008 to
enhance the capability of the state to plan and coordinate
emergency preparedness, emergency response, and disaster recovery
operations with local governments and state and federal agencies
and to fully incorporate the support of industry and volunteer
groups into emergency operations. Of the funds appropriated in
this section, the amount of $1,550,000 shall be used to enhance the
capabilities of the State Operations Center and the remainder shall
be used to fund 29 full-time equivalent positions to improve
preparedness and response capabilities, the delivery of disaster
assistance, and staffing for disaster-related financial
management.
SECTION 76. TEXAS WORKFORCE COMMISSION: FEDERALLY FUNDED
BENEFITS. To minimize the impact on state funds appropriated in
this Act or in Senate Bill 1, Acts of the 81st Legislature, Regular
Session, 2009 (the General Appropriations Act), for the fiscal
biennium ending August 31, 2011, for unemployment benefits, the
Texas Workforce Commission may adjust unemployment eligibility
periods as necessary to maximize receipt of any 100 percent
federally funded benefit. This provision does not appropriate
state funds, nor may additional state funds be appropriated as a
result of this authorization. Additional federal funds received by
the State of Texas resulting from the authorized adjustment are
appropriated as necessary to comply with Section 2005 of Public Law
No. 111-5.
SECTION 77. EMPLOYEES RETIREMENT SYSTEM: PILOT PROGRAM TO
TEST ALTERNATIVE PAYMENT SYSTEMS. Out of funds appropriated to the
Employees Retirement System in Senate Bill 1, Acts of the 81st
Legislature, Regular Session, 2009 (the General Appropriations
Act), for the fiscal biennium ending August 31, 2011, the Employees
Retirement System is authorized to establish a pilot program under
which physicians and health care providers who provide health care
services to employees and retirees participating in the group
benefits program are compensated under a payment system designed to
test alternatives to traditional fee-for-service payments. To the
extent practicable, the program must be based on nationally
recognized quality of care standards and evidence-based best
practices, and must include policies designed to promote provider
collaboration and other policies and practices as necessary to
ensure high-quality and effective health care services.
SECTION 78. TEXAS PARKS AND WILDLIFE DEPARTMENT: LOCAL
PARK RESTORATION. Contingent on enactment by the 81st Legislature,
Regular Session, 2009, and becoming law of H.B. 3391, S.B 1010, or
similar legislation relating to the continuation and functions of
the Parks and Wildlife Department, out of funds appropriated to the
Texas Parks and Wildlife Department in Strategy B.2.1, Local Parks
Grants in Senate Bill 1, Acts of the 81st Legislature, Regular
Session, 2009 (the General Appropriations Act), for the fiscal
biennium ending August 31, 2011, it is the intent of the legislature
that an amount not to exceed $1,500,000 be provided as matching
grants to the City of Waco as follows:
(1) $373,000 shall be allocated for a one-to-one
matching grant for the purpose of replacing the existing Oscar Du
Conge Pool with safe and appropriate public recreational water
activities in East Waco, such as a splash pad/spray park; and
(2) $1,127,000 shall be allocated for a two-to-one
matching grant for the purpose of restoring, upgrading, or
replacing the existing public skate park to provide a safe, family
recreational skating facility.
SECTION 79. APPROPRIATIONS FOR ADVANCED CLEAN ENERGY
PROJECT. Amounts appropriated by Senate Bill 1, Acts of the 81st
Legislature, Regular Session, 2009 (the General Appropriations
Act), to the Trusteed Programs within the Office of the Governor for
transfer to the Texas Emerging Technology Fund may be used for the
two-year period beginning on the effective date of this Act for
expenditures related to clean energy programs or projects, as
authorized by general law.
SECTION 80. UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT
HOUSTON: TRAUMA CARE. The University of Texas Health Science Center
at Houston is appropriated $6,000,000 from the general revenue
dedicated account 5111 for the two-year period beginning on the
effective date of this Act to provide reimbursements for
uncompensated care.
SECTION 81. UNIVERSITY OF TEXAS M.D. ANDERSON CANCER
CENTER: UNCOMPENSATED CARE FOR HURRICANE IKE PATIENTS. The
University of Texas M.D. Anderson Cancer Center is appropriated
$2,000,000 from the general revenue fund for the two-year period
beginning on the effective date of this Act to provide
reimbursements for uncompensated care for Hurricane Ike patients.
SECTION 82. UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
AT FORT WORTH: TRAUMA CARE. The University of North Texas Health
Science Center at Fort Worth is appropriated $2,000,000 from the
general revenue fund for the two-year period beginning on the
effective date of this Act to provide reimbursements for
uncompensated care.
SECTION 83. TEXAS PARKS AND WILDLIFE DEPARTMENT: VARIOUS
FUNCTIONS. The Texas Parks and Wildlife Department is appropriated
from the general revenue fund for the two-year period beginning on
the effective date of this Act the following amounts:
(1) $2,000,000 to repair hurricane-related damages to
the Sea Rim State Park ;and
(2) $1,000,000 for information technology services.
SECTION 84. NAVARRO COLLEGE: REIMBURSEMENTS. Navarro
College is appropriated $1,500,000 from the general revenue fund
for the two-year period beginning on the effective date of this Act
to reimburse the Higher Education Coordinating Board for new campus
funding.
SECTION 85. TEXAS DEPARTMENT OF LICENSING AND REGULATION:
OPERATIONS. The Texas Department of Licensing and Regulation is
appropriated $956,000 from the general revenue fund for the
two-year period beginning on the effective date of this Act for
operations.
SECTION 86. CANCER PREVENTION AND RESEARCH INSTITUTE:
CERTAIN SALARIES. (a) Notwithstanding any limitation on salary
rates prescribed by Chapter 1428 (H.B. 1), Acts of the 80th
Legislature, Regular Session, 2007 (the General Appropriations
Act), the Executive Director of the Cancer Prevention and Research
Institute shall be compensated at a rate not to exceed $214,000 per
fiscal year for the fiscal year ending August 31, 2009, and the
Chief Scientific Officer of the institute may be compensated at a
rate not to exceed $212,000 per year for the fiscal year ending
August 31, 2009.
(b) In addition to the rates provided in Subsection (a) of
this section, the Executive Director may receive a salary
supplement not to exceed $86,000 for a total combined salary of
$300,000 out of state and foundation funds for the fiscal year
ending August 31, 2009. In addition to the rates provided in
Subsection (a) of this section, the Chief Scientific Officer may
receive a salary supplement not to exceed $488,000 for a total
combined salary of $700,000 out of state and foundation funds for
the fiscal year ending August 31, 2009. The respective salaries
paid out of appropriated state funds and foundation funds for each
fiscal year of the biennium to the Executive Director and the Chief
Scientific Officer of the Institute may not exceed the highest
salary paid to a chancellor of a public university system.
SECTION 87. GENERAL LAND OFFICE: DISASTER MITIGATION
BUYOUTS. The General Land Office is appropriated $10,000,000 from
the general revenue fund for the two-year period beginning on the
effective date of this Act for structure buyouts as authorized by
Chapter 33, Natural Resources Code.
SECTION 88. DEPARTMENT OF STATE HEALTH SERVICES: NORTHSTAR
BEHAVIORAL HEALTH WAIVER. (a) Notwithstanding any limitations
prescribed by Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
Regular Session, 2007 (the General Appropriations Act), for the
fiscal year ending August 31, 2009, to the extent that the NorthSTAR
managed care organization is able to obtain cost savings associated
with state-approved purchasing arrangements for the purchase of new
generation medications under Department of State Health Services
Strategy B.2.4, NorthSTAR Behavioral Health Waiver, NorthSTAR
managed care organization may expend an equivalent amount from
Strategy B.2.4, NorthSTAR Behavioral Health Waiver on direct
services to clients.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2009, the amount of
$5,000,000 is appropriated out of the general revenue fund to the
Department of State Health Services under Strategy B.2.4, NorthSTAR
Behavioral Health Waiver to provide direct client services.
SECTION 89. APPROPRIATION FOR A SINGLE RETENTION PAYMENT
FOR WORK PERFORMED BY STATE EMPLOYEES. (a) As used in this
section, retention payment means a single employee compensation
payment in the amount of eight hundred dollars ($800) authorized to
be paid to employees in August, 2009, by each agency of the State of
Texas through the payroll system, to each employee who was
continuously employed by the agency from March 31, 2009, through
August 1, 2009, for work performed by the state employees, but
subject to the exclusions and limitations under this section.
(b) The Comptroller of Public Accounts is appropriated an
amount estimated to be $42,183,779 out of the General Revenue Fund,
an amount estimated to be $3,915,109 out of General
Revenue-Dedicated, an amount estimated to be $21,904,727 out of
federal funds, and an amount estimated to be $20,260,422 out of
other funds and accounts, to fund a retention payment for work
performed by the state employees as described in Subsection (a) of
this section for employees of state agencies including employees of
the Higher Education Coordinating Board and employees of a Texas
A&M University System service agency.
(c) This section shall not apply to employees of
institutions of higher education (except for employees of a service
agency of The Texas A&M University System), statewide elected
officials, justices and judges of the appellate and district
courts, district attorneys, criminal district attorneys, county
attorneys performing the duties of a district attorney, or line
item exempt (non-classified) employees. Additionally, this
section shall not apply to the following employees:
(1) At the Texas Department of Criminal Justice:
(A) Correctional Officer series; and Ranking
Staff (including Sergeants, Lieutenants, Captains, Majors,
Assistant Wardens, and Wardens) otherwise provided a pay increase
under the General Appropriations Act for the 2010-11 Biennium;
(B) Laundry Managers otherwise provided a pay
increase under the General Appropriations Act for the 2010-11
Biennium;
(C) Food Service Managers otherwise provided a
pay increase under the General Appropriations Act for the 2010-11
Biennium;
(D) Parole Officer series otherwise provided a
pay increase under the General Appropriations Act for the 2010-11
Biennium; and
(E) Other unit staff otherwise provided a pay
increase under the General Appropriations Act for the 2010-11
Biennium;
(2) At the Texas Youth Commission:
(A) Juvenile Correctional Officers series
otherwise provided a pay increase under the General Appropriations
Act for the 2010-11 Biennium; and
(B) Other unit staff otherwise provided a pay
increase under the General Appropriations Act for the 2010-11
Biennium;
(3) Law Enforcement Employees classified under
Schedule C under Part 2, Article IX of the General Appropriations
Act for the 2010-11 Biennium otherwise provided a pay increase
under the General Appropriations Act for the 2010-11 Biennium;
(4) At the Parks and Wildlife Department, in the event
the Comptroller certifies the additional revenue of $11,328,892
from the Game, Fish and Water Safety Account No. 9, the employees
provided pay raises from these amounts during the 2010-11
Biennium may not participate in the $800 retention payment for
classified employees provided by this Act.
(5) In the Judicial branch of state government:
(A) At the Supreme Court and the Court of
Criminal Appeals:
(1) the staff attorneys;
(2) law clerks; and
(3) court administrative staff;
(B) At the 14 Appellate Courts:
(1) staff attorneys;
(2) law clerks; and
(3) employees whom a Court of Appeals
designates as receiving salary increases from the block grant
appropriated for the 14 Courts of Appeals in the 2010-11 Biennium;
(C) At the State Law Library, all positions; and
(D) At the State Commission on Judicial Conduct,
the General Counsel and attorney staff;
(6) At all agencies, financial examiners otherwise
provided a pay increase under the General Appropriations Act for
the 2010-11 Biennium; and
(7) At all agencies, employees who earned amounts
greater than $100,000.00 per year calculated as may be prescribed
by rules adopted by the Comptroller in order to achieve the
legislative objective of excluding employees who earn salaries
greater than either $8,334.00 per month or $100,000.00 per year
from receiving the retention payment.
(d) For employees paid the retention payment authorized
under this section, any increase in employee benefits costs
associated with the retention payment as described above shall be
paid exclusively from appropriations made above in Subsection (b)
of this section except for county extension agents who may receive a
retention payment solely from appropriations made from the general
revenue fund.
(e) Provisions requiring salaries and benefits to be
proportional to the source of funds shall apply to all sums
allocated under this section for the payment of a retention payment
as if the retention payment was a part of the employee's regular
compensation, except as may otherwise be provided. Each agency
shall pay the retention payment from funds held in the state
treasury and from local funds in the same proportion as the
employee's regular compensation.
(f) The Comptroller shall adopt rules as necessary to
administer this section. Funds appropriated in this section shall
be allocated to each agency, and to the appropriate employee
benefit appropriation items, in accordance with such rules and may
be used only for the purpose of providing a retention payment and
paying associated employee benefit costs.
(g) This section does not authorize an increase of
classified salary rates above the rates listed in the classified
salary schedules A, B, and C (as applicable) under Part 2, Article
IX of the General Appropriations Act for the 2010-11 Biennium. This
section authorizes each agency to pay a retention payment to each
eligible employee of that agency from funds appropriated by this
Act.
(h) Agencies subject to a special provisions rider
"Appropriations Limited to Revenue Collections" of the General
Appropriations Act for the 2010-11 Biennium shall increase revenues
as necessary to cover the increased retention payment amounts
appropriated above. Revenues to general revenue and general revenue
dedicated funds due to the retention payment increase described
above are estimated to be at least $3,400,000.
SECTION 90. DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR
CERTAIN SALARIES. (a) Notwithstanding the Position Classification
Plan, under Section 2.01, Article IX, Senate Bill 1, Acts of the
81st Legislature, Regular Session, 2009 (the General
Appropriations Act), the Department of Public Safety is
appropriated for the two-year period beginning on the effective
date of this Act the following amounts for the following purposes:
(1) $3,369,476 out of general revenue dedicated fund
99 to fund the reclassification of positions for the police
communications operators and supervisors at the Bureau of Law
Enforcement Communications and Technology within the Department of
Public Safety; and
(2) $350,000 out of the general revenue dedicated fund
99 to fund the reclassification of positions for the forensic
scientists in the Forensic Breath Laboratory Services within the
Department of Public Safety.
(b) The State Classification Officer shall review and
properly classify the positions affected by Subsection (a) of this
section pursuant to authority provided under Chapter 654,
Government Code.
SECTION 91. DEPARTMENT OF PUBLIC SAFETY: CERTAIN BORDER
SECURITY FUNDS. (a) Notwithstanding amounts appropriated under
Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009,
(the General Appropriations Act), in the appropriation to the
Department of Public Safety for the fiscal year ending August 31,
2010, the amount of general revenue dedicated account 99
appropriated to the Department of Public Safety under Strategy
D.1.1., Emergency Preparedness, is reduced by $5,500,000.
(b) Subsection (a), Rider 54, of the bill pattern of the
Department of Public Safety, under Article V in Senate Bill 1, Acts
of the 81st Legislature, Regular Session, 2009 (the General
Appropriations Act), has no effect.
SECTION 92. TEXAS A&M INTERNATIONAL UNIVERSITY. OUTREACH
AND ENROLLMENT. Texas A&M International University is appropriated
$1,000,000 out of the general revenue fund for the fiscal year
ending August 31, 2010, and $1,000,000 out of the general revenue
fund for the period beginning on September 1, 2010, and ending on
the second anniversary of the effective date of this Act for
outreach, access, enrollment, advising, tutoring, and retention
support.
SECTION. 93. CONTINGENT APPROPRIATION FOR S.B. 2534.
Contingent on the enactment of S.B. 2534 or similar legislation
relating to the creation of an interagency task force on economic
growth and endangered species by the 81st Legislature, Regular
Session, 2009, $250,000 is appropriated out of the general revenue
fund for the fiscal year ending August 31, 2010, to the Texas A&M
University System for the purpose of operating the Task Force on
Economic Growth and Endangered Species.
SECTION 94. TEXAS PUBLIC FINANCE AUTHORITY: DEBT SERVICE.
The Texas Public Finance Authority is appropriated $3,200,000 from
the general revenue fund for the two-year period beginning on the
effective date of this Act to pay debt service on general obligation
bonds.
SECTION 95. CONTINGENCY APPROPRIATION FOR H.B. 1511. (a)
Contingent on enactment by the 81st Legislature, Regular Session,
2009, and becoming law of House Bill 1511, House Bill 2860, or
Senate Bill 1411, or similar legislation relating to financial
assistance programs in connection with certain children in the
conservatorship of the Department of Family and Protective
Services, the Department of Family and Protective Services is
appropriated $2,250,638 out of the general revenue fund for the
fiscal year ending August 31, 2010, and $1,980,067 out of the
general revenue fund for the period beginning on September 1, 2010,
and ending on the second anniversary of the effective date of this
Act, to implement the legislation.
(b) Also contingent on enactment by the 81st Legislature,
Regular Session, 2009, and becoming law of House Bill 1511, House
Bill 2860, or Senate Bill 1411, or similar legislation relating to
financial assistance programs in connection with certain children
in the conservatorship of the Department of Family and Protective
Services, the Department of Family and Protective Services, in
addition to the number of full-time equivalent employees (FTEs) the
Department of Family and Protective Services is authorized by other
law to employ during the state fiscal biennium ending August 31,
2011, is authorized to employ an additional 17.0 FTEs during that
state fiscal biennium.
SECTION 96. CONTINGENCY APPROPRIATION FOR S.B. 2323.
Contingent on enactment by the 81st Legislature, Regular Session,
2009, and becoming law of Senate Bill 2323 or similar legislation
relating to the functions of the Texas School Safety Center, Texas
State University-San Marcos is appropriated out of the general
revenue fund for Strategy C.1.3, School Safety Center, the amounts
of $308,612 in the fiscal year ending August 31, 2010, and $308,612
for the period beginning on September 1, 2010, and ending on the
second anniversary of the effective date of this Act and is
authorized to employ an additional four FTEs in each year of the
biennium to implement provisions of the legislation.
SECTION 97. CONTINGENCY APPROPRIATION FOR H.B. 1684.
Contingent upon the enactment by the 81st Legislature, Regular
Session, 2009, and becoming law of H.B. 1684 or similar legislation
relating to the creation and administration of the rural
veterinarian loan repayment program, the Office of Rural Community
Affairs is appropriated $500,000 out of the general revenue fund
for the two-year period beginning on the effective date of this Act
to implement provisions of the legislation.
SECTION 98. CONTINGENCY APPROPRIATION FOR S.B. 174.
Contingent upon the enactment by the 81st Legislature, Regular
Session, 2009, and becoming law of S.B. 174 or similar legislation
relating to educator preparation programs, the Texas Education
Agency is appropriated $275,000 in State Board for Educator
Certification fees for the two-year period beginning on the
effective date of this Act to implement provisions of the
legislation. The Texas Education Agency may employ an additional
two full-time equivalents in each fiscal year during the fiscal
biennium ending August 31, 2011.
SECTION 99. UNIVERSITY OF TEXAS AT TYLER: PALESTINE CAMPUS.
The University of Texas at Tyler is appropriated $1,300,000 out of
the general revenue fund for the two-year period beginning on the
effective date of this Act for faculty salaries and facility
operations at the Palestine campus.
SECTION 100. OFFICE OF THE GOVERNOR: RIDER 4. Rider 4 of
the bill pattern of the Office of the Governor in Senate Bill 1,
Acts of the 81st Legislature, Regular Session, 2009 (the General
Appropriations Act), has no effect.
SECTION 101. CONTINGENCY APPROPRIATION FOR S.B. 1362.
Contingent upon the enactment by the 81st Legislature, Regular
Session, 2009, and becoming law of Senate Bill 1362 or similar
legislation relating to a Texas Youth Commission comprehensive plan
to improve student reading skills and behavior, the Texas Education
Agency is appropriated $375,000 out of the general revenue fund for
each fiscal year of the biennium beginning September 1, 2009. On a
determination by the commissioner of education that the Texas Youth
Commission has developed a comprehensive plan based on research
that will improve the reading skills and behavior of students
served by the commission, the commissioner of education shall
transfer the funds to the Texas Youth Commission for use in
implementing the comprehensive plan.
SECTION 102. CONTINGENCY APPROPRIATION FOR S.B. 1313.
Contingent on enactment by the 81st Legislature, Regular Session,
2009, and becoming law of Senate Bill 1313 or similar legislation
relating to the quality and accessibility of public school career
and technical training programs and to assistance to students
concerning postsecondary education and training, the Texas
Education Agency is appropriated $1,350,000 for the state fiscal
year ending August 31, 2011, out of the general revenue fund for
industry certification examinations to non-economically
disadvantaged students, $540,000 in fiscal year 2011 out of the
general revenue fund for the State Board Education to conduct a
course review, and $100,000 in fiscal year 2011 out of the general
revenue fund to expand the Best Practices Clearinghouse to include
career and technology education. The Texas Workforce Commission is
appropriated $100,000 for the state fiscal year ending August 31,
2011, out of the general revenue fund to develop a list of
high-demand, high-wage, high-skill occupations that require
licensure, certification, an associate degree, or a bachelor's
degree. The Higher Education Coordinating Board is appropriated out
of the general revenue fund the amount of $2,290,000 for the state
fiscal year ending August 31, 2011, for training and materials
dealing with the "College for Texans" program and the amount of
$100,000 for the state fiscal year ending August 31, 2011, to
conduct an economic impact study to determine the economic impact
to the state of secondary and postsecondary education and training.
The "Number of Full-Time Equivalents" in the Higher Education
Coordinating Board bill pattern is increased by two FTEs in the
state fiscal year ending August 31, 2011.
SECTION 103. EFFECTIVE DATE. This Act takes effect
immediately.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4586 was passed by the House on April
17, 2009, by the following vote: Yeas 143, Nays 4, 1 present, not
voting; that the House concurred in Senate amendments to H.B. No.
4586 on May 29, 2009, by the following vote: Yeas 139, Nays 0, 1
present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4586 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; passed subject to the provisions of Article III, Section 49a, of
the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 4586, Regular Session of the 81st Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor