Texas 2009 - 81st Regular

Texas Senate Bill SB2354 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R12221 JRD-D
2	2	By: Ogden S.B. No. 2354
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to ensuring that Texas state government has sufficient
8	8	general law authority to apply for and receive the maximum amount of
9	9	federal funds available under the American Recovery and
10	10	Reinvestment Act of 2009 and any subsequent federal economic
11	11	stimulus legislation that may make funds available to this state
12	12	during the current or during the next state fiscal biennium.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. DEPARTMENT OF PUBLIC SAFETY. Subchapter A,
15	15	Chapter 411, Government Code, is amended by adding Section 411.0139
16	16	to read as follows:
17	17	Sec. 411.0139. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
18	18	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
19	19	AND LIMITATIONS. (a) The department shall take action in
20	20	accordance with this section to apply for and receive the maximum
21	21	amount of federal stimulus money available to this state for
22	22	expenditure by or through the department. To that end the
23	23	department shall study appropriate provisions of the American
24	24	Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any
25	25	subsequent federal economic stimulus legislation that may make
26	26	federal stimulus money available to the department and any federal
27	27	regulations and executive orders connected to the federal
28	28	legislation to determine:
29	29	(1) the extent to which the department has sufficient
30	30	authority under existing state law to apply for, receive, and
31	31	expend or grant federal stimulus money through existing state
32	32	programs;
33	33	(2) the extent to which federal stimulus money would
34	34	be available for expenditure by or through the department under
35	35	existing state programs provided that one or more requirements
36	36	applicable to the programs are modified in accordance with the
37	37	requirements of federal law; and
38	38	(3) the extent to which federal stimulus money is
39	39	available for programs connected to the department's general
40	40	mission but for which there is not currently a program authorized
41	41	under state law.
42	42	(b) In applying for and receiving the maximum amount of
43	43	federal stimulus money available to this state for expenditure by
44	44	or through the department, the department shall whenever possible
45	45	apply for, receive, and expend or grant the money in accordance with
46	46	an existing state program for which no modifications to applicable
47	47	program requirements are necessary under federal law.
48	48	(c) When the department determines that modifications to
49	49	the requirements applicable to an existing program are necessary
50	50	under federal law to receive and expend or grant the maximum amount
51	51	of federal stimulus money, the commission shall adopt rules that
52	52	modify the requirements applicable to the existing program to the
53	53	minimum extent necessary to comply with applicable federal
54	54	requirements. Rules adopted under this subsection may be initially
55	55	adopted as emergency rules if necessary to receive the maximum
56	56	amount of federal stimulus money. In its notice proposing the rule
57	57	and its order adopting the rule, the commission must state the
58	58	reasons why the commission believes modifications to program
59	59	requirements are necessary to receive the maximum amount of federal
60	60	stimulus money under the applicable federal law. The department
61	61	shall apply for, receive, and expend or grant the maximum amount of
62	62	federal stimulus money available for the program as modified by
63	63	commission rule.
64	64	(d) When the department determines that federal stimulus
65	65	money is available for a purpose within the department's general
66	66	mission but that there is no program administered by the department
67	67	or another state governmental entity under which the federal
68	68	stimulus money may be spent even if program modifications are made
69	69	to conform to federal requirements, the commission by rule shall
70	70	create a program consistent with the department's general mission
71	71	and federal requirements and the department shall apply for,
72	72	receive, and expend the federal stimulus money under the program
73	73	created by rule. Rules adopted under this subsection may be
74	74	initially adopted as emergency rules if necessary to receive the
75	75	maximum amount of federal stimulus money. In its notice proposing
76	76	the rule and its order adopting the rule, the commission must state
77	77	the reasons why the commission believes no program currently exists
78	78	under which, even with modifications, the department or another
79	79	state governmental entity could apply for, receive, and expend
80	80	federal stimulus money available for the particular purpose of the
81	81	new program under the applicable federal law.
82	82	(e) Rules adopted under this section must be consistent with
83	83	any legislation enacted by the 81st Legislature that becomes law
84	84	that addresses an issue addressed by the rules. As the purpose of
85	85	the rules is to apply for, receive, and expend federal stimulus
86	86	money, rules adopted under this section must also be consistent
87	87	with any provisions prescribed by the legislature in an Act of the
88	88	legislature appropriating the federal funds to the department that
89	89	detail, limit, or direct, in a manner consistent with federal
90	90	requirements, how the money may be spent.
91	91	(f) Except as provided by Subsection (h), rules adopted
92	92	under this section expire September 1, 2011, together with any new
93	93	program created by the rules and any modification to existing
94	94	program requirements made by the rules. A rule adopted under this
95	95	section may be readopted by the commission after that date only to
96	96	the extent that the rule is consistent with and authorized under
97	97	then existing state law.
98	98	(g) Except as provided by Subsection (h), this section
99	99	expires September 1, 2011.
100	100	(h) A rule adopted under this section, together with any new
101	101	program created by the rule and any modification to existing
102	102	program requirements made by the rule, may be extended beyond the
103	103	September 1, 2011, expiration date if at any time before that date,
104	104	including during the time that the rule is being considered for
105	105	adoption, the governor finds that the rule must expire at a later
106	106	date under the requirements of federal law in order to receive the
107	107	federal stimulus money for the particular program addressed by the
108	108	rule and the governor by proclamation extends the effective date of
109	109	the rule to a date certain after September 1, 2011, for that
110	110	purpose. If the governor acts under this subsection, this section
111	111	is continued in effect after September 1, 2011, for the limited
112	112	purpose of governing a rule adopted under this section before that
113	113	date that was extended by proclamation of the governor.
114	114	SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION.
115	115	Subchapter A, Chapter 531, Government Code, is amended by adding
116	116	Section 531.0029 to read as follows:
117	117	Sec. 531.0029. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
118	118	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
119	119	AND LIMITATIONS. (a) The commission shall take action in
120	120	accordance with this section to apply for and receive the maximum
121	121	amount of federal stimulus money available to this state for
122	122	expenditure by or through the commission or a health and human
123	123	services agency. To that end the commission shall study
124	124	appropriate provisions of the American Recovery and Reinvestment
125	125	Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic
126	126	stimulus legislation that may make federal stimulus money available
127	127	to the commission or a health and human services agency and any
128	128	federal regulations and executive orders connected to the federal
129	129	legislation to determine:
130	130	(1) the extent to which the commission has sufficient
131	131	authority under existing state law to apply for, receive, and
132	132	expend or grant federal stimulus money through existing state
133	133	programs administered by the commission or a health and human
134	134	services agency;
135	135	(2) the extent to which federal stimulus money would
136	136	be available for expenditure by or through the commission or a
137	137	health and human services agency under existing state programs
138	138	provided that one or more requirements applicable to the programs
139	139	are modified in accordance with the requirements of federal law;
140	140	and
141	141	(3) the extent to which federal stimulus money is
142	142	available for programs connected to the general mission of the
143	143	commission or a health and human services agency but for which there
144	144	is not currently a program authorized under state law.
145	145	(b) In applying for and receiving the maximum amount of
146	146	federal stimulus money available to this state for expenditure by
147	147	or through the commission or a health and human services agency, the
148	148	commission shall whenever possible apply for and receive the money
149	149	and provide that the money is expended or granted in accordance with
150	150	an existing state program for which no modifications to applicable
151	151	program requirements are necessary under federal law.
152	152	(c) When the commission determines that modifications to
153	153	the requirements applicable to an existing program are necessary
154	154	under federal law to receive and expend or grant the maximum amount
155	155	of federal stimulus money, the executive commissioner shall adopt
156	156	rules that modify the requirements applicable to the existing
157	157	program to the minimum extent necessary to comply with applicable
158	158	federal requirements. Rules adopted under this subsection may be
159	159	initially adopted as emergency rules if necessary to receive the
160	160	maximum amount of federal stimulus money. In the notice proposing
161	161	the rule and in the order adopting the rule, the executive
162	162	commissioner must state the reasons why the executive commissioner
163	163	believes modifications to program requirements are necessary to
164	164	receive the maximum amount of federal stimulus money under the
165	165	applicable federal law. The commission shall apply for and receive
166	166	the maximum amount of federal stimulus money available, and provide
167	167	that the money is expended or granted, for the program as modified
168	168	by rule of the executive commissioner.
169	169	(d) When the commission determines that federal stimulus
170	170	money is available for a purpose within the general mission of the
171	171	commission or a health and human services agency but that there is
172	172	no program administered by the commission, a health and human
173	173	services agency, or another state governmental entity under which
174	174	the federal stimulus money may be spent even if program
175	175	modifications are made to conform to federal requirements, the
176	176	executive commissioner by rule shall create a program consistent
177	177	with the general mission of the commission or the appropriate
178	178	health and human services agency and consistent with federal
179	179	requirements and the commission shall apply for and receive the
180	180	money and provide that the money is expended or granted under the
181	181	program created by rule. Rules adopted under this subsection may be
182	182	initially adopted as emergency rules if necessary to receive the
183	183	maximum amount of federal stimulus money. In the notice proposing
184	184	the rule and in the order adopting the rule, the executive
185	185	commissioner must state the reasons why the executive commissioner
186	186	believes no program currently exists under which, even with
187	187	modifications, the commission, a health and human services agency,
188	188	or another state governmental entity could apply for, receive, and
189	189	expend federal stimulus money available for the particular purpose
190	190	of the new program under the applicable federal law.
191	191	(e) Rules adopted under this section must be consistent with
192	192	any legislation enacted by the 81st Legislature that becomes law
193	193	that addresses an issue addressed by the rules. As the purpose of
194	194	the rules is to apply for, receive, and expend federal stimulus
195	195	money, rules adopted under this section must also be consistent
196	196	with any provisions prescribed by the legislature in an Act of the
197	197	legislature appropriating the federal funds to the commission or a
198	198	health and human services agency that detail, limit, or direct, in a
199	199	manner consistent with federal requirements, how the money may be
200	200	spent.
201	201	(f) Except as provided by Subsection (h), rules adopted
202	202	under this section expire September 1, 2011, together with any new
203	203	program created by the rules and any modification to existing
204	204	program requirements made by the rules. A rule adopted under this
205	205	section may be readopted by the executive commissioner after that
206	206	date only to the extent that the rule is consistent with and
207	207	authorized under then existing state law.
208	208	(g) Except as provided by Subsection (h), this section
209	209	expires September 1, 2011.
210	210	(h) A rule adopted under this section, together with any new
211	211	program created by the rule and any modification to existing
212	212	program requirements made by the rule, may be extended beyond the
213	213	September 1, 2011, expiration date if at any time before that date,
214	214	including during the time that the rule is being considered for
215	215	adoption, the governor finds that the rule must expire at a later
216	216	date under the requirements of federal law in order to receive the
217	217	federal stimulus money for the particular program addressed by the
218	218	rule and the governor by proclamation extends the effective date of
219	219	the rule to a date certain after September 1, 2011, for that
220	220	purpose. If the governor acts under this subsection, this section
221	221	is continued in effect after September 1, 2011, for the limited
222	222	purpose of governing a rule adopted under this section before that
223	223	date that was extended by proclamation of the governor.
224	224	SECTION 3. TEXAS EDUCATION AGENCY. Subchapter A, Chapter
225	225	7, Education Code, is amended by adding Section 7.0025 to read as
226	226	follows:
227	227	Sec. 7.0025. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
228	228	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
229	229	AND LIMITATIONS. (a) The agency shall take action in accordance
230	230	with this section to apply for and receive the maximum amount of
231	231	federal stimulus money available to this state for expenditure by
232	232	or through the agency. To that end the agency shall study
233	233	appropriate provisions of the American Recovery and Reinvestment
234	234	Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic
235	235	stimulus legislation that may make federal stimulus money available
236	236	to the agency and any federal regulations and executive orders
237	237	connected to the federal legislation to determine:
238	238	(1) the extent to which the agency has sufficient
239	239	authority under existing state law to apply for, receive, and
240	240	expend or grant federal stimulus money through existing state
241	241	programs;
242	242	(2) the extent to which federal stimulus money would
243	243	be available for expenditure by or through the agency under
244	244	existing state programs provided that one or more requirements
245	245	applicable to the programs are modified in accordance with the
246	246	requirements of federal law; and
247	247	(3) the extent to which federal stimulus money is
248	248	available for programs connected to the agency's general mission
249	249	but for which there is not currently a program authorized under
250	250	state law.
251	251	(b) In applying for and receiving the maximum amount of
252	252	federal stimulus money available to this state for expenditure by
253	253	or through the agency, the agency shall whenever possible apply
254	254	for, receive, and expend or grant the money in accordance with an
255	255	existing state program for which no modifications to applicable
256	256	program requirements are necessary under federal law.
257	257	(c) When the agency determines that modifications to the
258	258	requirements applicable to an existing program are necessary under
259	259	federal law to receive and expend or grant the maximum amount of
260	260	federal stimulus money, the commissioner shall adopt rules that
261	261	modify the requirements applicable to the existing program to the
262	262	minimum extent necessary to comply with applicable federal
263	263	requirements. Rules adopted under this subsection may be initially
264	264	adopted as emergency rules if necessary to receive the maximum
265	265	amount of federal stimulus money. In the notice proposing the rule
266	266	and the order adopting the rule, the commissioner must state the
267	267	reasons why the commissioner believes modifications to program
268	268	requirements are necessary to receive the maximum amount of federal
269	269	stimulus money under the applicable federal law. The agency shall
270	270	apply for, receive, and expend or grant the maximum amount of
271	271	federal stimulus money available for the program as modified by
272	272	rule of the commissioner.
273	273	(d) When the agency determines that federal stimulus money
274	274	is available for a purpose within the agency's general mission but
275	275	that there is no program administered by the agency, another state
276	276	governmental entity, or directly by local school districts under
277	277	which the federal stimulus money may be spent even if program
278	278	modifications are made to conform to federal requirements, the
279	279	commissioner by rule shall create a program consistent with the
280	280	agency's general mission and federal requirements and the agency
281	281	shall apply for, receive, and expend the federal stimulus money
282	282	under the program created by rule. Rules adopted under this
283	283	subsection may be initially adopted as emergency rules if necessary
284	284	to receive the maximum amount of federal stimulus money. In the
285	285	notice proposing the rule and the order adopting the rule, the
286	286	commissioner must state the reasons why the commissioner believes
287	287	no program currently exists under which, even with modifications,
288	288	the agency, another state governmental entity, or local school
289	289	districts could apply for, receive, and expend federal stimulus
290	290	money available for the particular purpose of the new program under
291	291	the applicable federal law.
292	292	(e) Rules adopted under this section must be consistent with
293	293	any legislation enacted by the 81st Legislature that becomes law
294	294	that addresses an issue addressed by the rules. As the purpose of
295	295	the rules is to apply for, receive, and expend federal stimulus
296	296	money, rules adopted under this section must also be consistent
297	297	with any provisions prescribed by the legislature in an Act of the
298	298	legislature appropriating the federal funds to the agency that
299	299	detail, limit, or direct, in a manner consistent with federal
300	300	requirements, how the money may be spent.
301	301	(f) Except as provided by Subsection (h), rules adopted
302	302	under this section expire September 1, 2011, together with any new
303	303	program created by the rules and any modification to existing
304	304	program requirements made by the rules. A rule adopted under this
305	305	section may be readopted by the commissioner after that date only to
306	306	the extent that the rule is consistent with and authorized under
307	307	then existing state law.
308	308	(g) Except as provided by Subsection (h), this section
309	309	expires September 1, 2011.
310	310	(h) A rule adopted under this section, together with any new
311	311	program created by the rule and any modification to existing
312	312	program requirements made by the rule, may be extended beyond the
313	313	September 1, 2011, expiration date if at any time before that date,
314	314	including during the time that the rule is being considered for
315	315	adoption, the governor finds that the rule must expire at a later
316	316	date under the requirements of federal law in order to receive the
317	317	federal stimulus money for the particular program addressed by the
318	318	rule and the governor by proclamation extends the effective date of
319	319	the rule to a date certain after September 1, 2011, for that
320	320	purpose. If the governor acts under this subsection, this section
321	321	is continued in effect after September 1, 2011, for the limited
322	322	purpose of governing a rule adopted under this section before that
323	323	date that was extended by proclamation of the governor.
324	324	SECTION 4. TEXAS HIGHER EDUCATION COORDINATING BOARD.
325	325	Subchapter B, Chapter 61, Education Code, is amended by adding
326	326	Section 61.0219 to read as follows:
327	327	Sec. 61.0219. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
328	328	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
329	329	AND LIMITATIONS. (a) The board shall take action in accordance
330	330	with this section to apply for and receive the maximum amount of
331	331	federal stimulus money available to this state for expenditure by
332	332	or through the board. As part of its activities under this section
333	333	the board may apply for, receive, and grant to institutions of
334	334	higher education federal stimulus money, but this section does not
335	335	prohibit an institution of higher education from directly applying
336	336	for, receiving, and expending federal stimulus money. The board,
337	337	for purposes of this section, shall study appropriate provisions of
338	338	the American Recovery and Reinvestment Act of 2009 (Pub. L. No.
339	339	111-5) and any subsequent federal economic stimulus legislation
340	340	that may make federal stimulus money available to the board and any
341	341	federal regulations and executive orders connected to the federal
342	342	legislation to determine:
343	343	(1) the extent to which the board has sufficient
344	344	authority under existing state law to apply for, receive, and
345	345	expend or grant federal stimulus money through existing state
346	346	programs;
347	347	(2) the extent to which federal stimulus money would
348	348	be available for expenditure by or through the board under existing
349	349	state programs provided that one or more requirements applicable to
350	350	the programs are modified in accordance with the requirements of
351	351	federal law; and
352	352	(3) the extent to which federal stimulus money is
353	353	available for programs connected to the board's general mission but
354	354	for which there is not currently a program authorized under state
355	355	law.
356	356	(b) In applying for and receiving the maximum amount of
357	357	federal stimulus money available to this state for expenditure by
358	358	or through the board, the board shall whenever possible apply for,
359	359	receive, and expend or grant the money in accordance with an
360	360	existing state program for which no modifications to applicable
361	361	program requirements are necessary under federal law.
362	362	(c) When the board determines that modifications to the
363	363	requirements applicable to an existing program are necessary under
364	364	federal law to receive and expend or grant the maximum amount of
365	365	federal stimulus money, the board shall adopt rules that modify the
366	366	requirements applicable to the existing program to the minimum
367	367	extent necessary to comply with applicable federal requirements.
368	368	Rules adopted under this subsection may be initially adopted as
369	369	emergency rules if necessary to receive the maximum amount of
370	370	federal stimulus money. In its notice proposing the rule and its
371	371	order adopting the rule, the board must state the reasons why the
372	372	board believes modifications to program requirements are necessary
373	373	to receive the maximum amount of federal stimulus money under the
374	374	applicable federal law. The board shall apply for, receive, and
375	375	expend or grant the maximum amount of federal stimulus money
376	376	available for the program as modified by board rule.
377	377	(d) When the board determines that federal stimulus money is
378	378	available for a purpose within the board's general mission but that
379	379	there is no program administered by the board or another state
380	380	governmental entity under which the federal stimulus money may be
381	381	spent even if program modifications are made to conform to federal
382	382	requirements, the board by rule shall create a program consistent
383	383	with the board's general mission and federal requirements and shall
384	384	apply for, receive, and expend the federal stimulus money under the
385	385	program created by rule. Rules adopted under this subsection may be
386	386	initially adopted as emergency rules if necessary to receive the
387	387	maximum amount of federal stimulus money. In its notice proposing
388	388	the rule and its order adopting the rule, the board must state the
389	389	reasons why the board believes no program currently exists under
390	390	which, even with modifications, the board or another state
391	391	governmental entity could apply for, receive, and expend federal
392	392	stimulus money available for the particular purpose of the new
393	393	program under the applicable federal law.
394	394	(e) Rules adopted under this section must be consistent with
395	395	any legislation enacted by the 81st Legislature that becomes law
396	396	that addresses an issue addressed by the rules. As the purpose of
397	397	the rules is to apply for, receive, and expend federal stimulus
398	398	money, rules adopted under this section must also be consistent
399	399	with any provisions prescribed by the legislature in an Act of the
400	400	legislature appropriating the federal funds to the board that
401	401	detail, limit, or direct, in a manner consistent with federal
402	402	requirements, how the money may be spent.
403	403	(f) Except as provided by Subsection (h), rules adopted
404	404	under this section expire September 1, 2011, together with any new
405	405	program created by the rules and any modification to existing
406	406	program requirements made by the rules. A rule adopted under this
407	407	section may be readopted by the board after that date only to the
408	408	extent that the rule is consistent with and authorized under then
409	409	existing state law.
410	410	(g) Except as provided by Subsection (h), this section
411	411	expires September 1, 2011.
412	412	(h) A rule adopted under this section, together with any new
413	413	program created by the rule and any modification to existing
414	414	program requirements made by the rule, may be extended beyond the
415	415	September 1, 2011, expiration date if at any time before that date,
416	416	including during the time that the rule is being considered for
417	417	adoption, the governor finds that the rule must expire at a later
418	418	date under the requirements of federal law in order to receive the
419	419	federal stimulus money for the particular program addressed by the
420	420	rule and the governor by proclamation extends the effective date of
421	421	the rule to a date certain after September 1, 2011, for that
422	422	purpose. If the governor acts under this subsection, this section
423	423	is continued in effect after September 1, 2011, for the limited
424	424	purpose of governing a rule adopted under this section before that
425	425	date that was extended by proclamation of the governor.
426	426	SECTION 5. TEXAS DEPARTMENT OF TRANSPORTATION. Subchapter
427	427	A, Chapter 201, Transportation Code, is amended by adding Section
428	428	201.004 to read as follows:
429	429	Sec. 201.004. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
430	430	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
431	431	AND LIMITATIONS. (a) The department shall take action in
432	432	accordance with this section to apply for and receive the maximum
433	433	amount of federal stimulus money available to this state for
434	434	expenditure by or through the department. To that end the
435	435	department shall study appropriate provisions of the American
436	436	Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any
437	437	subsequent federal economic stimulus legislation that may make
438	438	federal stimulus money available to the department and any federal
439	439	regulations and executive orders connected to the federal
440	440	legislation to determine:
441	441	(1) the extent to which the department has sufficient
442	442	authority under existing state law to apply for, receive, and
443	443	expend or grant federal stimulus money through existing state
444	444	programs;
445	445	(2) the extent to which federal stimulus money would
446	446	be available for expenditure by or through the department under
447	447	existing state programs provided that one or more requirements
448	448	applicable to the programs are modified in accordance with the
449	449	requirements of federal law; and
450	450	(3) the extent to which federal stimulus money is
451	451	available for programs connected to the department's general
452	452	mission but for which there is not currently a program authorized
453	453	under state law.
454	454	(b) In applying for and receiving the maximum amount of
455	455	federal stimulus money available to this state for expenditure by
456	456	or through the department, the department shall whenever possible
457	457	apply for, receive, and expend or grant the money in accordance with
458	458	an existing state program for which no modifications to applicable
459	459	program requirements are necessary under federal law.
460	460	(c) When the department determines that modifications to
461	461	the requirements applicable to an existing program are necessary
462	462	under federal law to receive and expend or grant the maximum amount
463	463	of federal stimulus money, the commission shall adopt rules that
464	464	modify the requirements applicable to the existing program to the
465	465	minimum extent necessary to comply with applicable federal
466	466	requirements. Rules adopted under this subsection may be initially
467	467	adopted as emergency rules if necessary to receive the maximum
468	468	amount of federal stimulus money. In its notice proposing the rule
469	469	and its order adopting the rule, the commission must state the
470	470	reasons why the commission believes modifications to program
471	471	requirements are necessary to receive the maximum amount of federal
472	472	stimulus money under the applicable federal law. The department
473	473	shall apply for, receive, and expend or grant the maximum amount of
474	474	federal stimulus money available for the program as modified by
475	475	commission rule.
476	476	(d) When the department determines that federal stimulus
477	477	money is available for a purpose within the department's general
478	478	mission but that there is no program administered by the department
479	479	or another state governmental entity under which the federal
480	480	stimulus money may be spent even if program modifications are made
481	481	to conform to federal requirements, the commission by rule shall
482	482	create a program consistent with the department's general mission
483	483	and federal requirements and the department shall apply for,
484	484	receive, and expend the federal stimulus money under the program
485	485	created by rule. Rules adopted under this subsection may be
486	486	initially adopted as emergency rules if necessary to receive the
487	487	maximum amount of federal stimulus money. In its notice proposing
488	488	the rule and its order adopting the rule, the commission must state
489	489	the reasons why the commission believes no program currently exists
490	490	under which, even with modifications, the department or another
491	491	state governmental entity could apply for, receive, and expend
492	492	federal stimulus money available for the particular purpose of the
493	493	new program under the applicable federal law.
494	494	(e) Rules adopted under this section must be consistent with
495	495	any legislation enacted by the 81st Legislature that becomes law
496	496	that addresses an issue addressed by the rules. As the purpose of
497	497	the rules is to apply for, receive, and expend federal stimulus
498	498	money, rules adopted under this section must also be consistent
499	499	with any provisions prescribed by the legislature in an Act of the
500	500	legislature appropriating the federal funds to the department that
501	501	detail, limit, or direct, in a manner consistent with federal
502	502	requirements, how the money may be spent.
503	503	(f) Except as provided by Subsection (h), rules adopted
504	504	under this section expire September 1, 2011, together with any new
505	505	program created by the rules and any modification to existing
506	506	program requirements made by the rules. A rule adopted under this
507	507	section may be readopted by the commission after that date only to
508	508	the extent that the rule is consistent with and authorized under
509	509	then existing state law.
510	510	(g) Except as provided by Subsection (h), this section
511	511	expires September 1, 2011.
512	512	(h) A rule adopted under this section, together with any new
513	513	program created by the rule and any modification to existing
514	514	program requirements made by the rule, may be extended beyond the
515	515	September 1, 2011, expiration date if at any time before that date,
516	516	including during the time that the rule is being considered for
517	517	adoption, the governor finds that the rule must expire at a later
518	518	date under the requirements of federal law in order to receive the
519	519	federal stimulus money for the particular program addressed by the
520	520	rule and the governor by proclamation extends the effective date of
521	521	the rule to a date certain after September 1, 2011, for that
522	522	purpose. If the governor acts under this subsection, this section
523	523	is continued in effect after September 1, 2011, for the limited
524	524	purpose of governing a rule adopted under this section before that
525	525	date that was extended by proclamation of the governor.
526	526	SECTION 6. GENERAL PROVISION FOR OTHER STATE GOVERNMENTAL
527	527	ENTITIES. Subtitle G, Title 10, Government Code, is amended by
528	528	adding Chapter 2311 to read as follows:
529	529	CHAPTER 2311. FEDERAL ECONOMIC STIMULUS GRANTS
530	530	Sec. 2311.001. APPLICABILITY. (a) This chapter applies to
531	531	any state governmental entity that may be eligible to apply for,
532	532	receive, and expend or grant federal stimulus money under the
533	533	American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
534	534	or any subsequent federal economic stimulus legislation.
535	535	(b) This chapter does not apply to the Department of Public
536	536	Safety, the Health and Human Services Commission or a health and
537	537	human services agency as defined by Section 531.001, the Texas
538	538	Education Agency, the Texas Higher Education Coordinating Board, or
539	539	the Texas Department of Transportation.
540	540	Sec. 2311.002. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
541	541	AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
542	542	AND LIMITATIONS. (a) If it is cost-effective to do so, a state
543	543	governmental entity shall take action in accordance with this
544	544	chapter to apply for and receive the maximum amount of federal
545	545	stimulus money available to this state for expenditure by or
546	546	through the state governmental entity. To that end the state
547	547	governmental entity shall, if it is cost-effective to do so, study
548	548	appropriate provisions of the American Recovery and Reinvestment
549	549	Act of 2009 and any subsequent federal economic stimulus
550	550	legislation that may make federal stimulus money available to the
551	551	state governmental entity and any federal regulations and executive
552	552	orders connected to the federal legislation to determine:
553	553	(1) the extent to which the state governmental entity
554	554	has sufficient authority under existing state law to apply for,
555	555	receive, and expend or grant federal stimulus money through
556	556	existing state programs;
557	557	(2) the extent to which federal stimulus money would
558	558	be available for expenditure by or through the state governmental
559	559	entity under existing state programs provided that one or more
560	560	requirements applicable to the programs are modified in accordance
561	561	with the requirements of federal law; and
562	562	(3) the extent to which federal stimulus money is
563	563	available for programs connected to the state governmental entity's
564	564	general mission but for which there is not currently a program
565	565	authorized under state law.
566	566	(b) In applying for and receiving the maximum amount of
567	567	federal stimulus money available to this state for expenditure by
568	568	or through the state governmental entity, the state governmental
569	569	entity shall whenever possible apply for, receive, and expend or
570	570	grant the money in accordance with an existing state program for
571	571	which no modifications to applicable program requirements are
572	572	necessary under federal law.
573	573	(c) When the state governmental entity determines that
574	574	modifications to the requirements applicable to an existing program
575	575	are necessary under federal law to receive and expend or grant the
576	576	maximum amount of federal stimulus money, the state governmental
577	577	entity shall adopt rules that modify the requirements applicable to
578	578	the existing program to the minimum extent necessary to comply with
579	579	applicable federal requirements. Rules adopted under this
580	580	subsection may be initially adopted as emergency rules if necessary
581	581	to receive the maximum amount of federal stimulus money. In its
582	582	notice proposing the rule and its order adopting the rule, the state
583	583	governmental entity must state the reasons why it believes
584	584	modifications to program requirements are necessary to receive the
585	585	maximum amount of federal stimulus money under the applicable
586	586	federal law. The state governmental entity shall apply for,
587	587	receive, and expend or grant the maximum amount of federal stimulus
588	588	money available for the program as modified by its rule.
589	589	(d) When the state governmental entity determines that
590	590	federal stimulus money is available for a purpose within the
591	591	entity's general mission but that there is no program administered
592	592	by any state governmental entity under which the federal stimulus
593	593	money may be spent even if program modifications are made to conform
594	594	to federal requirements, the state governmental entity by rule
595	595	shall create a program consistent with its general mission and
596	596	federal requirements and shall apply for, receive, and expend the
597	597	federal stimulus money under the program created by rule. Rules
598	598	adopted under this subsection may be initially adopted as emergency
599	599	rules if necessary to receive the maximum amount of federal
600	600	stimulus money. In its notice proposing the rule and its order
601	601	adopting the rule, the state governmental entity must state the
602	602	reasons why it believes no program currently exists under which,
603	603	even with modifications, any state governmental entity could apply
604	604	for, receive, and expend federal stimulus money available for the
605	605	particular purpose of the new program under the applicable federal
606	606	law.
607	607	(e) Rules adopted under this section must be consistent with
608	608	any legislation enacted by the 81st Legislature that becomes law
609	609	that addresses an issue addressed by the rules. As the purpose of
610	610	the rules is to apply for, receive, and expend federal stimulus
611	611	money, rules adopted under this section must also be consistent
612	612	with any provisions prescribed by the legislature in an Act of the
613	613	legislature appropriating the federal funds to the state
614	614	governmental entity that detail, limit, or direct, in a manner
615	615	consistent with federal requirements, how the money may be spent.
616	616	Sec. 2311.003. EXPIRATION. (a) Except as provided by
617	617	Subsection (c), rules adopted under this chapter expire September
618	618	1, 2011, together with any new program created by the rules and any
619	619	modification to existing program requirements made by the rules. A
620	620	rule adopted under this chapter may be readopted by the state
621	621	governmental entity after that date only to the extent that the rule
622	622	is consistent with and authorized under then existing state law.
623	623	(b) Except as provided by Subsection (c), this chapter
624	624	expires September 1, 2011.
625	625	(c) A rule adopted under this chapter, together with any new
626	626	program created by the rule and any modification to existing
627	627	program requirements made by the rule, may be extended beyond the
628	628	September 1, 2011, expiration date if at any time before that date,
629	629	including during the time that the rule is being considered for
630	630	adoption, the governor finds that the rule must expire at a later
631	631	date under the requirements of federal law in order to receive the
632	632	federal stimulus money for the particular program addressed by the
633	633	rule and the governor by proclamation extends the effective date of
634	634	the rule to a date certain after September 1, 2011, for that
635	635	purpose. If the governor acts under this subsection, this chapter
636	636	is continued in effect after September 1, 2011, for the limited
637	637	purpose of governing a rule adopted under this chapter before that
638	638	date that was extended by proclamation of the governor.
639	639	SECTION 7. EFFECTIVE DATE. This Act takes effect
640	640	immediately if it receives a vote of two-thirds of all the members
641	641	elected to each house, as provided by Section 39, Article III, Texas
642	642	Constitution. If this Act does not receive the vote necessary for
643	643	immediate effect, this Act takes effect on the 91st day after the
644	644	last day of the legislative session.