81R12221 JRD-D
By: Ogden S.B. No. 2354
A BILL TO BE ENTITLED
AN ACT
relating to ensuring that Texas state government has sufficient
general law authority to apply for and receive the maximum amount of
federal funds available under the American Recovery and
Reinvestment Act of 2009 and any subsequent federal economic
stimulus legislation that may make funds available to this state
during the current or during the next state fiscal biennium.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEPARTMENT OF PUBLIC SAFETY. Subchapter A,
Chapter 411, Government Code, is amended by adding Section 411.0139
to read as follows:
Sec. 411.0139. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) The department shall take action in
accordance with this section to apply for and receive the maximum
amount of federal stimulus money available to this state for
expenditure by or through the department. To that end the
department shall study appropriate provisions of the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any
subsequent federal economic stimulus legislation that may make
federal stimulus money available to the department and any federal
regulations and executive orders connected to the federal
legislation to determine:
(1) the extent to which the department has sufficient
authority under existing state law to apply for, receive, and
expend or grant federal stimulus money through existing state
programs;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the department under
existing state programs provided that one or more requirements
applicable to the programs are modified in accordance with the
requirements of federal law; and
(3) the extent to which federal stimulus money is
available for programs connected to the department's general
mission but for which there is not currently a program authorized
under state law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the department, the department shall whenever possible
apply for, receive, and expend or grant the money in accordance with
an existing state program for which no modifications to applicable
program requirements are necessary under federal law.
(c) When the department determines that modifications to
the requirements applicable to an existing program are necessary
under federal law to receive and expend or grant the maximum amount
of federal stimulus money, the commission shall adopt rules that
modify the requirements applicable to the existing program to the
minimum extent necessary to comply with applicable federal
requirements. Rules adopted under this subsection may be initially
adopted as emergency rules if necessary to receive the maximum
amount of federal stimulus money. In its notice proposing the rule
and its order adopting the rule, the commission must state the
reasons why the commission believes modifications to program
requirements are necessary to receive the maximum amount of federal
stimulus money under the applicable federal law. The department
shall apply for, receive, and expend or grant the maximum amount of
federal stimulus money available for the program as modified by
commission rule.
(d) When the department determines that federal stimulus
money is available for a purpose within the department's general
mission but that there is no program administered by the department
or another state governmental entity under which the federal
stimulus money may be spent even if program modifications are made
to conform to federal requirements, the commission by rule shall
create a program consistent with the department's general mission
and federal requirements and the department shall apply for,
receive, and expend the federal stimulus money under the program
created by rule. Rules adopted under this subsection may be
initially adopted as emergency rules if necessary to receive the
maximum amount of federal stimulus money. In its notice proposing
the rule and its order adopting the rule, the commission must state
the reasons why the commission believes no program currently exists
under which, even with modifications, the department or another
state governmental entity could apply for, receive, and expend
federal stimulus money available for the particular purpose of the
new program under the applicable federal law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the department that
detail, limit, or direct, in a manner consistent with federal
requirements, how the money may be spent.
(f) Except as provided by Subsection (h), rules adopted
under this section expire September 1, 2011, together with any new
program created by the rules and any modification to existing
program requirements made by the rules. A rule adopted under this
section may be readopted by the commission after that date only to
the extent that the rule is consistent with and authorized under
then existing state law.
(g) Except as provided by Subsection (h), this section
expires September 1, 2011.
(h) A rule adopted under this section, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this section
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this section before that
date that was extended by proclamation of the governor.
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION.
Subchapter A, Chapter 531, Government Code, is amended by adding
Section 531.0029 to read as follows:
Sec. 531.0029. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) The commission shall take action in
accordance with this section to apply for and receive the maximum
amount of federal stimulus money available to this state for
expenditure by or through the commission or a health and human
services agency. To that end the commission shall study
appropriate provisions of the American Recovery and Reinvestment
Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic
stimulus legislation that may make federal stimulus money available
to the commission or a health and human services agency and any
federal regulations and executive orders connected to the federal
legislation to determine:
(1) the extent to which the commission has sufficient
authority under existing state law to apply for, receive, and
expend or grant federal stimulus money through existing state
programs administered by the commission or a health and human
services agency;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the commission or a
health and human services agency under existing state programs
provided that one or more requirements applicable to the programs
are modified in accordance with the requirements of federal law;
and
(3) the extent to which federal stimulus money is
available for programs connected to the general mission of the
commission or a health and human services agency but for which there
is not currently a program authorized under state law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the commission or a health and human services agency, the
commission shall whenever possible apply for and receive the money
and provide that the money is expended or granted in accordance with
an existing state program for which no modifications to applicable
program requirements are necessary under federal law.
(c) When the commission determines that modifications to
the requirements applicable to an existing program are necessary
under federal law to receive and expend or grant the maximum amount
of federal stimulus money, the executive commissioner shall adopt
rules that modify the requirements applicable to the existing
program to the minimum extent necessary to comply with applicable
federal requirements. Rules adopted under this subsection may be
initially adopted as emergency rules if necessary to receive the
maximum amount of federal stimulus money. In the notice proposing
the rule and in the order adopting the rule, the executive
commissioner must state the reasons why the executive commissioner
believes modifications to program requirements are necessary to
receive the maximum amount of federal stimulus money under the
applicable federal law. The commission shall apply for and receive
the maximum amount of federal stimulus money available, and provide
that the money is expended or granted, for the program as modified
by rule of the executive commissioner.
(d) When the commission determines that federal stimulus
money is available for a purpose within the general mission of the
commission or a health and human services agency but that there is
no program administered by the commission, a health and human
services agency, or another state governmental entity under which
the federal stimulus money may be spent even if program
modifications are made to conform to federal requirements, the
executive commissioner by rule shall create a program consistent
with the general mission of the commission or the appropriate
health and human services agency and consistent with federal
requirements and the commission shall apply for and receive the
money and provide that the money is expended or granted under the
program created by rule. Rules adopted under this subsection may be
initially adopted as emergency rules if necessary to receive the
maximum amount of federal stimulus money. In the notice proposing
the rule and in the order adopting the rule, the executive
commissioner must state the reasons why the executive commissioner
believes no program currently exists under which, even with
modifications, the commission, a health and human services agency,
or another state governmental entity could apply for, receive, and
expend federal stimulus money available for the particular purpose
of the new program under the applicable federal law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the commission or a
health and human services agency that detail, limit, or direct, in a
manner consistent with federal requirements, how the money may be
spent.
(f) Except as provided by Subsection (h), rules adopted
under this section expire September 1, 2011, together with any new
program created by the rules and any modification to existing
program requirements made by the rules. A rule adopted under this
section may be readopted by the executive commissioner after that
date only to the extent that the rule is consistent with and
authorized under then existing state law.
(g) Except as provided by Subsection (h), this section
expires September 1, 2011.
(h) A rule adopted under this section, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this section
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this section before that
date that was extended by proclamation of the governor.
SECTION 3. TEXAS EDUCATION AGENCY. Subchapter A, Chapter
7, Education Code, is amended by adding Section 7.0025 to read as
follows:
Sec. 7.0025. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) The agency shall take action in accordance
with this section to apply for and receive the maximum amount of
federal stimulus money available to this state for expenditure by
or through the agency. To that end the agency shall study
appropriate provisions of the American Recovery and Reinvestment
Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic
stimulus legislation that may make federal stimulus money available
to the agency and any federal regulations and executive orders
connected to the federal legislation to determine:
(1) the extent to which the agency has sufficient
authority under existing state law to apply for, receive, and
expend or grant federal stimulus money through existing state
programs;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the agency under
existing state programs provided that one or more requirements
applicable to the programs are modified in accordance with the
requirements of federal law; and
(3) the extent to which federal stimulus money is
available for programs connected to the agency's general mission
but for which there is not currently a program authorized under
state law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the agency, the agency shall whenever possible apply
for, receive, and expend or grant the money in accordance with an
existing state program for which no modifications to applicable
program requirements are necessary under federal law.
(c) When the agency determines that modifications to the
requirements applicable to an existing program are necessary under
federal law to receive and expend or grant the maximum amount of
federal stimulus money, the commissioner shall adopt rules that
modify the requirements applicable to the existing program to the
minimum extent necessary to comply with applicable federal
requirements. Rules adopted under this subsection may be initially
adopted as emergency rules if necessary to receive the maximum
amount of federal stimulus money. In the notice proposing the rule
and the order adopting the rule, the commissioner must state the
reasons why the commissioner believes modifications to program
requirements are necessary to receive the maximum amount of federal
stimulus money under the applicable federal law. The agency shall
apply for, receive, and expend or grant the maximum amount of
federal stimulus money available for the program as modified by
rule of the commissioner.
(d) When the agency determines that federal stimulus money
is available for a purpose within the agency's general mission but
that there is no program administered by the agency, another state
governmental entity, or directly by local school districts under
which the federal stimulus money may be spent even if program
modifications are made to conform to federal requirements, the
commissioner by rule shall create a program consistent with the
agency's general mission and federal requirements and the agency
shall apply for, receive, and expend the federal stimulus money
under the program created by rule. Rules adopted under this
subsection may be initially adopted as emergency rules if necessary
to receive the maximum amount of federal stimulus money. In the
notice proposing the rule and the order adopting the rule, the
commissioner must state the reasons why the commissioner believes
no program currently exists under which, even with modifications,
the agency, another state governmental entity, or local school
districts could apply for, receive, and expend federal stimulus
money available for the particular purpose of the new program under
the applicable federal law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the agency that
detail, limit, or direct, in a manner consistent with federal
requirements, how the money may be spent.
(f) Except as provided by Subsection (h), rules adopted
under this section expire September 1, 2011, together with any new
program created by the rules and any modification to existing
program requirements made by the rules. A rule adopted under this
section may be readopted by the commissioner after that date only to
the extent that the rule is consistent with and authorized under
then existing state law.
(g) Except as provided by Subsection (h), this section
expires September 1, 2011.
(h) A rule adopted under this section, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this section
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this section before that
date that was extended by proclamation of the governor.
SECTION 4. TEXAS HIGHER EDUCATION COORDINATING BOARD.
Subchapter B, Chapter 61, Education Code, is amended by adding
Section 61.0219 to read as follows:
Sec. 61.0219. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) The board shall take action in accordance
with this section to apply for and receive the maximum amount of
federal stimulus money available to this state for expenditure by
or through the board. As part of its activities under this section
the board may apply for, receive, and grant to institutions of
higher education federal stimulus money, but this section does not
prohibit an institution of higher education from directly applying
for, receiving, and expending federal stimulus money. The board,
for purposes of this section, shall study appropriate provisions of
the American Recovery and Reinvestment Act of 2009 (Pub. L. No.
111-5) and any subsequent federal economic stimulus legislation
that may make federal stimulus money available to the board and any
federal regulations and executive orders connected to the federal
legislation to determine:
(1) the extent to which the board has sufficient
authority under existing state law to apply for, receive, and
expend or grant federal stimulus money through existing state
programs;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the board under existing
state programs provided that one or more requirements applicable to
the programs are modified in accordance with the requirements of
federal law; and
(3) the extent to which federal stimulus money is
available for programs connected to the board's general mission but
for which there is not currently a program authorized under state
law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the board, the board shall whenever possible apply for,
receive, and expend or grant the money in accordance with an
existing state program for which no modifications to applicable
program requirements are necessary under federal law.
(c) When the board determines that modifications to the
requirements applicable to an existing program are necessary under
federal law to receive and expend or grant the maximum amount of
federal stimulus money, the board shall adopt rules that modify the
requirements applicable to the existing program to the minimum
extent necessary to comply with applicable federal requirements.
Rules adopted under this subsection may be initially adopted as
emergency rules if necessary to receive the maximum amount of
federal stimulus money. In its notice proposing the rule and its
order adopting the rule, the board must state the reasons why the
board believes modifications to program requirements are necessary
to receive the maximum amount of federal stimulus money under the
applicable federal law. The board shall apply for, receive, and
expend or grant the maximum amount of federal stimulus money
available for the program as modified by board rule.
(d) When the board determines that federal stimulus money is
available for a purpose within the board's general mission but that
there is no program administered by the board or another state
governmental entity under which the federal stimulus money may be
spent even if program modifications are made to conform to federal
requirements, the board by rule shall create a program consistent
with the board's general mission and federal requirements and shall
apply for, receive, and expend the federal stimulus money under the
program created by rule. Rules adopted under this subsection may be
initially adopted as emergency rules if necessary to receive the
maximum amount of federal stimulus money. In its notice proposing
the rule and its order adopting the rule, the board must state the
reasons why the board believes no program currently exists under
which, even with modifications, the board or another state
governmental entity could apply for, receive, and expend federal
stimulus money available for the particular purpose of the new
program under the applicable federal law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the board that
detail, limit, or direct, in a manner consistent with federal
requirements, how the money may be spent.
(f) Except as provided by Subsection (h), rules adopted
under this section expire September 1, 2011, together with any new
program created by the rules and any modification to existing
program requirements made by the rules. A rule adopted under this
section may be readopted by the board after that date only to the
extent that the rule is consistent with and authorized under then
existing state law.
(g) Except as provided by Subsection (h), this section
expires September 1, 2011.
(h) A rule adopted under this section, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this section
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this section before that
date that was extended by proclamation of the governor.
SECTION 5. TEXAS DEPARTMENT OF TRANSPORTATION. Subchapter
A, Chapter 201, Transportation Code, is amended by adding Section
201.004 to read as follows:
Sec. 201.004. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) The department shall take action in
accordance with this section to apply for and receive the maximum
amount of federal stimulus money available to this state for
expenditure by or through the department. To that end the
department shall study appropriate provisions of the American
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any
subsequent federal economic stimulus legislation that may make
federal stimulus money available to the department and any federal
regulations and executive orders connected to the federal
legislation to determine:
(1) the extent to which the department has sufficient
authority under existing state law to apply for, receive, and
expend or grant federal stimulus money through existing state
programs;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the department under
existing state programs provided that one or more requirements
applicable to the programs are modified in accordance with the
requirements of federal law; and
(3) the extent to which federal stimulus money is
available for programs connected to the department's general
mission but for which there is not currently a program authorized
under state law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the department, the department shall whenever possible
apply for, receive, and expend or grant the money in accordance with
an existing state program for which no modifications to applicable
program requirements are necessary under federal law.
(c) When the department determines that modifications to
the requirements applicable to an existing program are necessary
under federal law to receive and expend or grant the maximum amount
of federal stimulus money, the commission shall adopt rules that
modify the requirements applicable to the existing program to the
minimum extent necessary to comply with applicable federal
requirements. Rules adopted under this subsection may be initially
adopted as emergency rules if necessary to receive the maximum
amount of federal stimulus money. In its notice proposing the rule
and its order adopting the rule, the commission must state the
reasons why the commission believes modifications to program
requirements are necessary to receive the maximum amount of federal
stimulus money under the applicable federal law. The department
shall apply for, receive, and expend or grant the maximum amount of
federal stimulus money available for the program as modified by
commission rule.
(d) When the department determines that federal stimulus
money is available for a purpose within the department's general
mission but that there is no program administered by the department
or another state governmental entity under which the federal
stimulus money may be spent even if program modifications are made
to conform to federal requirements, the commission by rule shall
create a program consistent with the department's general mission
and federal requirements and the department shall apply for,
receive, and expend the federal stimulus money under the program
created by rule. Rules adopted under this subsection may be
initially adopted as emergency rules if necessary to receive the
maximum amount of federal stimulus money. In its notice proposing
the rule and its order adopting the rule, the commission must state
the reasons why the commission believes no program currently exists
under which, even with modifications, the department or another
state governmental entity could apply for, receive, and expend
federal stimulus money available for the particular purpose of the
new program under the applicable federal law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the department that
detail, limit, or direct, in a manner consistent with federal
requirements, how the money may be spent.
(f) Except as provided by Subsection (h), rules adopted
under this section expire September 1, 2011, together with any new
program created by the rules and any modification to existing
program requirements made by the rules. A rule adopted under this
section may be readopted by the commission after that date only to
the extent that the rule is consistent with and authorized under
then existing state law.
(g) Except as provided by Subsection (h), this section
expires September 1, 2011.
(h) A rule adopted under this section, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this section
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this section before that
date that was extended by proclamation of the governor.
SECTION 6. GENERAL PROVISION FOR OTHER STATE GOVERNMENTAL
ENTITIES. Subtitle G, Title 10, Government Code, is amended by
adding Chapter 2311 to read as follows:
CHAPTER 2311. FEDERAL ECONOMIC STIMULUS GRANTS
Sec. 2311.001. APPLICABILITY. (a) This chapter applies to
any state governmental entity that may be eligible to apply for,
receive, and expend or grant federal stimulus money under the
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
or any subsequent federal economic stimulus legislation.
(b) This chapter does not apply to the Department of Public
Safety, the Health and Human Services Commission or a health and
human services agency as defined by Section 531.001, the Texas
Education Agency, the Texas Higher Education Coordinating Board, or
the Texas Department of Transportation.
Sec. 2311.002. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS,
AND LIMITATIONS. (a) If it is cost-effective to do so, a state
governmental entity shall take action in accordance with this
chapter to apply for and receive the maximum amount of federal
stimulus money available to this state for expenditure by or
through the state governmental entity. To that end the state
governmental entity shall, if it is cost-effective to do so, study
appropriate provisions of the American Recovery and Reinvestment
Act of 2009 and any subsequent federal economic stimulus
legislation that may make federal stimulus money available to the
state governmental entity and any federal regulations and executive
orders connected to the federal legislation to determine:
(1) the extent to which the state governmental entity
has sufficient authority under existing state law to apply for,
receive, and expend or grant federal stimulus money through
existing state programs;
(2) the extent to which federal stimulus money would
be available for expenditure by or through the state governmental
entity under existing state programs provided that one or more
requirements applicable to the programs are modified in accordance
with the requirements of federal law; and
(3) the extent to which federal stimulus money is
available for programs connected to the state governmental entity's
general mission but for which there is not currently a program
authorized under state law.
(b) In applying for and receiving the maximum amount of
federal stimulus money available to this state for expenditure by
or through the state governmental entity, the state governmental
entity shall whenever possible apply for, receive, and expend or
grant the money in accordance with an existing state program for
which no modifications to applicable program requirements are
necessary under federal law.
(c) When the state governmental entity determines that
modifications to the requirements applicable to an existing program
are necessary under federal law to receive and expend or grant the
maximum amount of federal stimulus money, the state governmental
entity shall adopt rules that modify the requirements applicable to
the existing program to the minimum extent necessary to comply with
applicable federal requirements. Rules adopted under this
subsection may be initially adopted as emergency rules if necessary
to receive the maximum amount of federal stimulus money. In its
notice proposing the rule and its order adopting the rule, the state
governmental entity must state the reasons why it believes
modifications to program requirements are necessary to receive the
maximum amount of federal stimulus money under the applicable
federal law. The state governmental entity shall apply for,
receive, and expend or grant the maximum amount of federal stimulus
money available for the program as modified by its rule.
(d) When the state governmental entity determines that
federal stimulus money is available for a purpose within the
entity's general mission but that there is no program administered
by any state governmental entity under which the federal stimulus
money may be spent even if program modifications are made to conform
to federal requirements, the state governmental entity by rule
shall create a program consistent with its general mission and
federal requirements and shall apply for, receive, and expend the
federal stimulus money under the program created by rule. Rules
adopted under this subsection may be initially adopted as emergency
rules if necessary to receive the maximum amount of federal
stimulus money. In its notice proposing the rule and its order
adopting the rule, the state governmental entity must state the
reasons why it believes no program currently exists under which,
even with modifications, any state governmental entity could apply
for, receive, and expend federal stimulus money available for the
particular purpose of the new program under the applicable federal
law.
(e) Rules adopted under this section must be consistent with
any legislation enacted by the 81st Legislature that becomes law
that addresses an issue addressed by the rules. As the purpose of
the rules is to apply for, receive, and expend federal stimulus
money, rules adopted under this section must also be consistent
with any provisions prescribed by the legislature in an Act of the
legislature appropriating the federal funds to the state
governmental entity that detail, limit, or direct, in a manner
consistent with federal requirements, how the money may be spent.
Sec. 2311.003. EXPIRATION. (a) Except as provided by
Subsection (c), rules adopted under this chapter expire September
1, 2011, together with any new program created by the rules and any
modification to existing program requirements made by the rules. A
rule adopted under this chapter may be readopted by the state
governmental entity after that date only to the extent that the rule
is consistent with and authorized under then existing state law.
(b) Except as provided by Subsection (c), this chapter
expires September 1, 2011.
(c) A rule adopted under this chapter, together with any new
program created by the rule and any modification to existing
program requirements made by the rule, may be extended beyond the
September 1, 2011, expiration date if at any time before that date,
including during the time that the rule is being considered for
adoption, the governor finds that the rule must expire at a later
date under the requirements of federal law in order to receive the
federal stimulus money for the particular program addressed by the
rule and the governor by proclamation extends the effective date of
the rule to a date certain after September 1, 2011, for that
purpose. If the governor acts under this subsection, this chapter
is continued in effect after September 1, 2011, for the limited
purpose of governing a rule adopted under this chapter before that
date that was extended by proclamation of the governor.
SECTION 7. EFFECTIVE DATE. This Act takes effect
immediately if it receives a vote of two-thirds of all the members
elected to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this Act takes effect on the 91st day after the
last day of the legislative session.