By: Pitts H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
appropriating money for the support of state government for the
period beginning September 1, 2011 and ending August 31, 2013; and
authorizing and prescribing conditions, limitations, rules, and
procedures for allocating and expending the appropriated funds; and
declaring an emergency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The several sums of money herein specified, or so
much thereby as may be necessary, are appropriated out of any funds
in the State Treasury not otherwise appropriated, or out of special
funds as indicated, for the support, maintenance, or improvement of
the designated agencies.
SECTION 2. Contingency for Senate Bill ___. Contingent on
enactment of Senate Bill ___, or similar legislation relating to
state contributions to the Law Enforcement and Custodial Officer
Supplemental Retirement, in addition to amounts appropriated in
House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 in
Strategy A.1.2, Law Enforcement and Custodial Officer Supplemental
Retirement Fund, the Employees Retirement System is hereby
appropriated the following amounts in fiscal year 2013 for a state
contribution of 0.5 percent to the Law Enforcement and Custodial
Officer Supplemental Retirement Program in fiscal year 2013:
General Revenue $6,698,395 General Revenue $6,698,395
General Revenue $6,698,395
General Revenue-Dedicated 96,261 General Revenue-Dedicated 96,261
General Revenue-Dedicated 96,261
Federal Funds 29,330 Federal Funds 29,330
Federal Funds 29,330
Fund 006 696,386 Fund 006 696,386
Fund 006 696,386
All Funds $7,520,472 All Funds $7,520,472
All Funds $7,520,472
SECTION 3. Tobacco User Monthly Premium Fee. Contingent
upon enactment of Senate Bill ___ or similar legislation relating
to the creation of a tobacco user monthly premium fee, by the
Eighty-Second Legislature, 2011 the Employees Retirement System
shall apply a $30 monthly tobacco user fee to any tobacco user
covered under the state health plan. Also contingent upon the
enactment of this legislation, the Comptroller of Public Accounts
shall deposit revenue from the fee (estimated to be $16,720,343 in
fiscal year 2012 and $25,080,514 in fiscal year 2013) into the
Employees Life, Accident, Health Insurance and Benefits Trust
Account
SECTION 4. Contingency for Senate Bill ___: Debt Service on
Cancer Prevention and Research Bonds. The appropriations made in
House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to
the Texas Public Finance Authority for General Obligation Bond Debt
Service are subject to the following provision. Appropriations out
of the Permanent Fund for Health & Tobacco Education & Enforcement
Account No. 5044; Permanent Fund for Children & Public Health
Account No. 5045; and Permanent Fund for EMS & Trauma Care Account
No. 5046, are contingent on the enactment of Senate Bill ___, or
similar legislation related to the use of certain Tobacco
Settlement Funds for debt service on Cancer Prevention and Research
Institute debt, by the Eighty-second Legislature, 2011. The
Legislative Budget Board shall adjust the informational listing of
bond debt service pursuant to this provision.
SECTION 5. Appropriations to the Foundation School Program.
(a) Texas Education Agency, Article III, House Bill 1, Acts of the
82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), is amended by adding the following
appropriations and riders, and to the extent necessary, by giving
all riders under the bill pattern of the agency full force and
effect:
A.1.1., Equalized Operations 2012 2013 A.1.1., Equalized Operations 2012 2013
A.1.1., Equalized Operations 2012 2013
Available School Fund 1,099,948,815 1,726,989,252 Available School Fund 1,099,948,815 1,726,989,252
Available School Fund 1,099,948,815 1,726,989,252
Foundation School Fund 13,412,514,119 12,656,939,681 Foundation School Fund 13,412,514,119 12,656,939,681
Foundation School Fund 13,412,514,119 12,656,939,681
Property Tax Relief Fund 2,198,994,000 2,338,574,000 Property Tax Relief Fund 2,198,994,000 2,338,574,000
Property Tax Relief Fund 2,198,994,000 2,338,574,000
Appropriated Receipts 906,500,000 835,600,000 Appropriated Receipts 906,500,000 835,600,000
Appropriated Receipts 906,500,000 835,600,000
Lottery Proceeds 1,002,457,000 1,006,111,000 Lottery Proceeds 1,002,457,000 1,006,111,000
Lottery Proceeds 1,002,457,000 1,006,111,000
A.1.2, Equalized Facilities A.1.2, Equalized Facilities
A.1.2, Equalized Facilities
Foundation School Fund 650,000,000 716,100,000 Foundation School Fund 650,000,000 716,100,000
Foundation School Fund 650,000,000 716,100,000
(b) Foundation School Program Funding. Out of the funds
appropriated above, a total of $19,287,500,000 in fiscal year 2012
and $19,297,400,000 in fiscal year 2013 shall represent the
sum-certain appropriation to the Foundation School Program. The
total appropriation may not exceed the sum-certain amount. This
appropriation includes allocations under Chapters 41, 42 and 46 of
the Texas Education Code.
Formula Funding: The Commissioner shall make allocations to
local school districts under Chapters 41, 42 and 46 based on the
March 2011 estimates of average daily attendance and local district
tax rates as determined by the Legislative Budget Board and the
final tax year 2010 property values.
For purposes of distributing the Foundation School Program
basic tier state aid appropriated above and in accordance with Sec.
42.101 of the Texas Education Code, the Basic Allotment is
projected to be $4,765 in fiscal year 2012 and $4,765 in fiscal year
2013.
For purposes of distributing the Foundation School Program
enrichment tier state aid appropriated above and in accordance with
Sec. 41.002(a)(2) and Sec. 42.302(a-1)(1) of the Texas Education
Code, the Guaranteed Yield is $59.97 in fiscal year 2012 and $59.97
in fiscal year 2013.
Out of amounts appropriated above and allocated by this rider
to the Foundation School Program, no funds are appropriated for the
New Instructional Facilities Allotment under Sec. 42.158 of the
Texas Education Code.
Notwithstanding any other provision of this Act, the Texas
Education Agency may make transfers as appropriate between Strategy
A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP Equalized
Facilities. The TEA shall notify the Legislative Budget Board and
the Governor of any such transfers at least 45 days prior to the
transfer.
The Texas Education Agency shall submit reports on the prior
month's expenditures on programs described by this rider no later
than the 20th day of each month to the Legislative Budget Board and
the Governor's Office in a format determined by the Legislative
Budget Board in cooperation with the agency.
(c) Foundation School Program Adjustments. Appropriations
from the Foundation School Fund No. 193 identified in subsection
(a) above are hereby reduced by $438,900,000 in fiscal year 2012 and
$361,100,000 in fiscal year 2013. These adjustments reflect a lower
estimate of the state cost of the Foundation School Program in the
2012-13 biennium due to updated pupil projections and projections
of district property values.
Property values, and the estimates of local tax collections
on which they are based, shall be decreased by 0.97 percent for tax
year 2011, then increased by 0.52 percent for tax year 2012.
The sum-certain appropriation for the Foundation School
Program as identified in subsection (b) above shall be decreased
commensurately to reflect these adjustments.
(d) Contingency for Senate Bill ___: Foundation School
Program Deferral. Contingent on enactment of SB ___ or similar
legislation providing the legal basis for deferring the August 2013
Foundation School Program payment to school districts,
appropriations made in subsection (a) above from the Foundation
School Fund 193 to the Texas Education Agency for the Foundation
School Program are hereby reduced by $2,300,000,000 in fiscal year
2013. It is the intent of the legislature that this payment be made
in September 2013 pursuant to the provisions of the bill. The
sum-certain appropriation for the Foundation School Program as
identified subsection (b) above shall be decreased commensurately.
(e) Contingency for HJR 109. Appropriations from the
Foundation School Fund (Fund 193) made in subsection (a) above,
Texas Education Agency Strategy A.1.1, FSP - Operations, for the
Foundation School Program, are hereby reduced by 150,000,000 in
each fiscal year of the 2012-13 biennium. The Texas Education
Agency is hereby appropriated from the Available School Fund
(General Revenue) to the Foundation School Program in Strategy
A.1.1, FSP - Operations an amount estimated to be $150,000,000 in
each fiscal year of the 2012-13 biennium, pursuant to all of the
following:
a. passage and enactment of HJR 109, SJR 5 or similar
legislation relating to proposing a constitutional amendment
to clarify references to the Permanent School Fund and to
allow the General Land Office or other entity to distribute
revenue derived from Permanent School Fund land or other
properties to the Available School Fund;
b. voter approval of the associated constitutional
amendment; and
c. the distribution of funds from the General Land
Office to the Available School Fund pursuant to the
provisions of the legislation.
(f) Contingency for Senate Bill ___: Funding Contingency.
The All Funds appropriations made for the Foundation School Program
(FSP), Texas Education Agency Strategies A.1.1 and A.1.2, in
subsection (a) above, and as adjusted by other subsections in this
section, are contingent on enactment of SB ___ or similar
legislation by the Eighty-second Legislature, 2011, relating to
certain state fiscal matters and that amends Chapter 42 of the Texas
Education Code to adjust state aid payments to the level of FSP
appropriations made in subsection (a) above as adjusted for other
subsections in this section. Should this legislation fail to pass
and be enacted, the All Funds appropriations for the FSP made herein
are hereby reduced to zero for each year of the 2012-13 biennium,
including the sum-certain appropriation identified in subsection
(b) above.
(f) The Legislative Budget Board is directed to make all
necessary adjustments to the Texas Education Agency pursuant to the
provisions above, including adjustments to strategies, methods of
finance, measures and riders contained in House Bill 1, 82nd
Legislature, 2011.
SECTION 6. Contingency for Senate Bill ___: Legislation
Relating to Certain Office of Court Administration License Fees.
Contingent upon the enactment of SB ___ relating to license fees and
the allowable use of such fees for process servers, guardians, and
court reporters by the Eighty-second Legislature, the Office of
Court Administration is appropriated $119,603 in fiscal year 2012
and $119,714 in fiscal year 2013 to implement the provisions of the
legislation. The number of "Full-Time-Equivalent Positions"
indicated in the agency's bill pattern is increased by 2.0 each
fiscal year. Fees, fines and other miscellaneous revenues as
authorized by the Process Servers Review Board, the Guardianship
Certification Board, and the Court Reporters Certification Board
shall cover, at a minimum, the cost of appropriations made in this
provision, as well as an amount sufficient to cover "Other Direct
and Indirect Costs Appropriated Elsewhere in this Act" (estimated
to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013).
In the event that actual and/or projected revenues are insufficient
to offset the costs identified by this provision, the Legislative
Budget Board may direct that the Comptroller of Public Accounts to
reduce the appropriation authority provided above to be within the
amount of revenue expected to be available.
SECTION 7. Contingency for Senate Bill ___: Office of Court
Administration Collection and Improvement Audits. Contingent on
enactment of Senate Bill ___ or similar legislation relating to
state fiscal matters and collection improvement audits, by the
Eighty-second Legislature, the Office of Court Administration is
appropriated $550,448 in fiscal year 2012 and $529,824 in fiscal
year 2013 from General Revenue Funds to implement the provisions of
the legislation. In addition, the "Number of Full-Time Equivalents
(FTE)" indicated in the Office of Court Administration's bill
pattern is increased by 8.0 FTEs in fiscal year 2012 and 8.0 FTEs in
fiscal year 2013.
SECTION 8. Contingency for Senate Bill ___: Railroad
Commission. Contingent on enactment of SB ___, or similar
legislation relating to the Railroad Commission by the
Eighty-second Legislature:
a. Oil and Gas Related Fees. In addition to amounts
appropriated in House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011 to the Railroad Commision, and contingent on SB ___ or
similar legislation creating an account to cover costs of the
agency's oil- and gas-related activities, by the Eighty-second
Legislature, appropriations out of the General Revenue Fund are
hereby reduced by $16,766,209 in fiscal year 2012 and by
$16,716,472 in fiscal year 2013, and, to replace these
appropriations, there is hereby appropriated $16,766,209 in fiscal
year 2012 and $16,716,472 in fiscal year 2013 out of the Oil and Gas
Regulation and Cleanup (OGRC) Fund created by the bill.
The following amounts of General Revenue funding would be
replaced with funding out of the OGRC Fund in the following
strategies:
2012 2013 2012 2013
2012 2013
Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349 Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349
Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349
Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753 Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753
Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753
Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550 Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550
Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550
Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808 Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808
Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808
Strategy D.1.2, Public Information and Services $921,107 $914,012 Strategy D.1.2, Public Information and Services $921,107 $914,012
Strategy D.1.2, Public Information and Services $921,107 $914,012
TOTAL $16,766,209 $16,716,472 TOTAL $16,766,209 $16,716,472
TOTAL $16,766,209 $16,716,472
In addition, appropriations out of the Oil Field Cleanup
Account No. 145 are hereby reduced by $20,581,780 in fiscal year
2012 and by $20,581,779 in fiscal year 2013, and, to replace these
appropriations, there is hereby appropriated $20,581,780 in fiscal
year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund
created by the bill. The following amounts out of the General
Revenue-Dedicated Oil Field Cleanup Account No. 145 would be
replaced with funding out of the OGRC Fund in the following
strategies:
2012 2013 2012 2013
2012 2013
Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744 Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744
Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744
Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800 Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800
Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800
Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565 Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565
Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565
Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620 Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620
Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620
Strategy D.1.2, Public Information and Services $138,051 $138,050 Strategy D.1.2, Public Information and Services $138,051 $138,050
Strategy D.1.2, Public Information and Services $138,051 $138,050
TOTAL $20,581,780 $20,581,779 TOTAL $20,581,780 $20,581,779
TOTAL $20,581,780 $20,581,779
(b) Expansion of Pipeline Safety Fee Use to Include Gas
Utility Regulation. Contingent upon enactment of SB ___, or
similar legislation allowing for the use of pipeline safety fees
for gas utility regulatory functions, by the Eighty-second
Legislature, the Railroad Commission is hereby appropriated in each
fiscal year of the 2012-13 biennium an amount not to exceed $233,000
in Strategy C.2.1, Gas Utility Compliance. This appropriation is
contingent upon the Railroad Commission increasing Pipeline Safety
Fees and shall be limited to revenues deposited to the credit of
Revenue Object Code 3553 in excess of the Comptroller's Biennial
Revenue Estimate for 2012-13.
The Railroad Commission, upon completion of necessary
actions to assess or increase the Pipeline Safety Fee, shall
furnish copies of the minutes and other information supporting the
estimated revenues to be generated for the 2012-13 biennium under
the revised fee structure to the Comptroller of Public Accounts. If
the Comptroller finds the information sufficient to support the
projection of increased revenues in excess of those estimated in
the Biennial Revenue Estimate for 2012-13, a finding of fact to that
effect shall be issued and the contingent appropriation shall be
made available for the intended purpose.
SECTION 9. Contingency for Senate Bill ___: Department of
State Health Services. Contingent upon the enactment of SB ___ or
similar legislation allowing for the increase of certain licensing
and public health service fees assessed by the Department of State
Health Services (DSHS), by the Eighty-second Legislature, any
additional revenues generated as a result of the fee increases
certified by the Comptroller to be in excess of Comptroller of
Public Accounts' January 2011 Biennial Revenue Estimate are
appropriated to DSHS for the 2012-13 biennium for use in Strategy
A.4.1, Laboratory Services, and Goal D, Consumer Protection
Services.
SECTION 10. Contingency for Senate Bill ___: Voter
Registration. Contingent on enactment of SB ___, or similar
legislation relating to transferring voter registration payments
from the Fiscal Programs - Comptroller of Public Accounts to the
Secretary of State, by the Eighty-second Legislature, 2011, amounts
appropriated elsewhere in this Act to the Fiscal Programs
Comptroller of Public Accounts in Strategy A.1.1, Voter
Registration, shall be transferred to the Secretary of State.
SECTION 11. Contingency for Senate Bill ___: Back to Work.
Contingent on enactment of Senate Bill ___ or similar legislation
by the Eighty-second Legislature, relating to the transfer of
General Revenue-Dedicated Texas Enterprise Fund Account No. 5107
appropriations to other state agencies, the Trusteed Programs
within the Office of the Governor shall transfer $20,000,000 from
the General Revenue-Dedicated Texas Enterprise Fund Account No.
5107 to the Texas Workforce Commission for the Texas Back to Work
Program.
If SB ___, or similar legislation by the Eighty-second
Legislature, 2011, relating to the transfer of General
Revenue-Dedicated Texas Enterprise Fund Account No. 5107
appropriations to other state agencies is not enacted, it is the
intent of the Legislature that the Trusteed Programs within the
Office of the Governor award a grant in the amount of $20,000,000 in
the 2012-13 biennium out of the General Revenue-Dedicated Texas
Enterprise Fund Account No. 5107 to the Texas Workforce Commission
for the Texas Back to Work Program.
SECTION 12. SAVINGS CLAUSE. If any section, sentence,
clause or part of this Act shall for any reason be held to be
invalid, such decision shall not affect the remaining portions of
this Act; and it is hereby declared to be the intention of the
Legislature to have passed each sentence, section, clause, or part
thereof irrespective of the fact that any other sentence, section,
clause or part thereof may be declared invalid.
SECTION 13. EMERGENCY CLAUSE. The importance of the
legislation to the people of the State of Texas and the crowded
condition of the calendars in both Houses of the Legislature create
an emergency and an imperative public necessity that the
Constitutional Rule requiring bills to be read on three separate
days in each House be suspended, and said Rule is hereby suspended;
and this Act shall take effect and be in force from and after its
passage, and it is so enacted.
General Revenue $6,698,395
General Revenue-Dedicated 96,261
Federal Funds 29,330
Fund 006 696,386
All Funds $7,520,472
A.1.1., Equalized Operations 2012 2013
Available School Fund 1,099,948,815 1,726,989,252
Foundation School Fund 13,412,514,119 12,656,939,681
Property Tax Relief Fund 2,198,994,000 2,338,574,000
Appropriated Receipts 906,500,000 835,600,000
Lottery Proceeds 1,002,457,000 1,006,111,000
A.1.2, Equalized Facilities
Foundation School Fund 650,000,000 716,100,000
2012 2013
Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349
Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753
Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550
Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808
Strategy D.1.2, Public Information and Services $921,107 $914,012
TOTAL $16,766,209 $16,716,472
2012 2013
Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744
Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800
Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565
Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620
Strategy D.1.2, Public Information and Services $138,051 $138,050
TOTAL $20,581,780 $20,581,779