By: Ogden S.B. No. 2
(In the Senate - Filed May 31, 2011; May 31, 2011, read
first time and referred to Committee on Finance; June 2, 2011,
reported adversely, with favorable Committee Substitute by the
following vote: Yeas 12, Nays 2; June 2, 2011, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 2 By: Ogden
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 1: LECOS Retirement
Fund. Contingent on enactment of Senate Bill 1, 82nd Legislature,
1st Called Session, 2011, or similar legislation relating to state
contributions to the Law Enforcement and Custodial Officer
Supplemental Retirement Program, 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 estimated 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 $7,520,372 All Funds $7,520,372
All Funds $7,520,372
SECTION 3. Tobacco User Monthly Premium Fee. Contingent
upon enactment of Senate Bill 1, 82nd Legislature, 1st Called
Session, 2011, or similar legislation relating to the creation of a
tobacco user monthly premium differential, by the 82nd Legislature,
2011, the Employees Retirement System shall apply a $30 monthly
tobacco premium differential 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 premium differential (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 1: 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 1, 82nd Legislature, 1st Called Session, 2011, or
similar legislation related to the use of certain Tobacco
Settlement Funds for debt service on Cancer Prevention and Research
Institute debt, by the 82nd Legislature, 1st Called Session, 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., FSP Equalized Operations 2012 2013 A.1.1., FSP Equalized Operations 2012 2013
A.1.1., FSP 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
Total, A.1.1 $18,620,413,934 $18,564,213,933 Total, A.1.1 $18,620,413,934 $18,564,213,933
Total, A.1.1 $18,620,413,934 $18,564,213,933
A.1.2, FSP Equalized Facilities A.1.2, FSP Equalized Facilities
A.1.2, FSP 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 in Subsection (a) and elsewhere in HB 1, 82nd
Legislature, 1st Called Session, 2011, 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 of the Texas
Education Code 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
Section 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
Section 41.002(a)(2) and Section 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 Section 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 Texas Education Agency 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 1: Foundation School
Program Deferral. Contingent on enactment of SB 1, 82nd
Legislature, 1st Called Session, 2011, 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 H.J.R. No. 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 H.J.R. No. 109, S.J.R. No. 5,
82nd Legislature, Regular Session, 2011, 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 1: Foundation School
Program 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 1, 82nd Legislature, 1st Called Session, 2011, or
similar legislation by the 82nd 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.
(g) The Legislative Budget Board is directed to make all
necessary adjustments to the Texas Education Agency's bill pattern
pursuant to the provisions above, including adjustments to
strategies, methods of finance, measures and riders contained in
House Bill 1, 82nd Legislature, Regular Session, 2011.
SECTION 6. Contingency for Senate Bill 1: Legislation
Relating to Certain Office of Court Administration License Fees.
Contingent upon the enactment of Senate Bill 1, 82nd Legislature,
1st Called Session, 2011, relating to license fees and the
allowable use of such fees for process servers, guardians, and
court reporters by the 82nd 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 1: Railroad
Commission. Contingent on enactment of Senate Bill 1, or similar
legislation relating to the Railroad Commission by the 82nd
Legislature, 1st Called Session, 2011:
(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 Commission, and contingent on Senate
Bill 1, 82nd Legislature, 1st Called Session, 2011, or similar
legislation creating an account to cover costs of the agency's oil-
and gas-related activities, by the 82nd 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 Senate Bill 1,
82nd Legislature, 1st Called Session, 2011, or similar legislation
allowing for the use of pipeline safety fees for gas utility
regulatory functions, by the 82nd 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
A.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 8. Contingency for Senate Bill 1: Voter
Registration. Contingent on enactment of Senate Bill 1, 82nd
Legislature, 1st Called Session, 2011, or similar legislation
relating to transferring voter registration payments from the
Fiscal Programs - Comptroller of Public Accounts to the Secretary
of State, amounts appropriated elsewhere in House Bill 1, 82nd
Legislature, Regular Session, 2011, to the Fiscal Programs
Comptroller of Public Accounts in Strategy A.1.1, Voter
Registration, shall be transferred to the Secretary of State.
SECTION 9. Contingency for Senate Bill 1: Back to Work and
Homeless Housing. Contingent on enactment of Senate Bill 1, 82nd
Legislature, 1st Called Session, 2011, or similar legislation by
the 82nd 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 may 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,
and to the Texas Department of Housing and Community Affairs for the
Homeless Housing Program.
If Senate Bill 1, or similar legislation by the 82nd
Legislature, 1st Called Session, 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, and to the Texas Department of
Housing and Community Affairs for the Homeless Housing Program.
SECTION 10. Contingency for Senate Bill 7: Managed Care
Expansion. Contingent on the enactment of Senate Bill 7 or similar
legislation by the 82nd Legislature, 1st Called Session, 2011,
authorizing the use of managed care in the South Texas counties of
Cameron, Hidalgo, and Maverick, the following actions shall take
place:
a. The Health and Human Services Commission (HHSC) is
appropriated $57,370,186 in General Revenue Funds and
$87,670,192 in Federal Funds in fiscal year 2012 and
$121,680,697 in General Revenue and $185,809,691 in
Federal Funds in fiscal year 2013 for Goal B, Medicaid (a
biennial total of $179,050,883 in General Revenue Funds
and $273,479,883 in Federal Funds); and
b. General Revenue appropriations to HHSC are increased by
$143,139,236 in fiscal year 2012 and $297,625,734 in
fiscal year 2013 and General Revenue appropriations to
the Department of Aging and Disability Services (DADS)
are reduced by $143,139,236 in fiscal year 2012 and
$297,625,734 in fiscal year 2013; therefore,
appropriations at HHSC and DADS for the expansion of the
managed care model for the provision of services is
assumed to be identical to the strategy funding levels of
both agencies in House Bill 1, 82nd Legislature, Regular
Session, 2011.
The Commission shall provide a report detailing the cost
savings in General Revenue Funds and All Funds realized by the
expansion of managed care in the biennium. The report shall be
submitted to the Legislative Budget Board and the Governor by
December 1, 2012.
SECTION 11. Contingency for Senate Bill 7: Institute of
Health Care Quality and Efficiency. Contingent on the enactment of
Senate Bill 7, 82nd Legislature, 1st Called Session, 2011, or
similar legislation relating to creation of an Institute of Health
Care Quality and Efficiency and repeal of the Texas Health Care
Policy Council, the Health and Human Services Commission is
appropriated $228,800 in fiscal year 2012 and $228,800 in fiscal
year 2013 in interagency contracts. The number of "Full-Time
Equivalents (FTE)" is increased by 2.0 FTEs in fiscal year 2012 and
2.0 FTEs in fiscal year 2013.
SECTION 12. Contingency for Senate Bill 7; Health Care
Collaborative. Contingent on enactment of Senate Bill 7, 82nd
Legislature, 1st Called Session, 2011, or similar legislation
relating to creation of health care collaboratives, out of the fees
and assessments collected by the Department of Insurance, the
Department is appropriated:
a. $169,408 for fiscal year 2012 and $461,901 for fiscal
year 2013 from General Revenue Insurance Companies
Maintenance Tax and Insurance Department Fees, and
b. $254,112 for fiscal year 2012 and $692,851 for fiscal
year 2013 from General Revenue Dedicated Fund 36, the
Texas Department of Insurance operating account, to
implement the provisions of the legislation.
The number of "Full-Time Equivalents (FTE)" is increased by
8.0 FTEs in fiscal year 2012 and 16.0 FTEs in fiscal year 2013.
SECTION 13. 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 14. 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 $7,520,372
A.1.1., FSP 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
Total, A.1.1 $18,620,413,934 $18,564,213,933
A.1.2, FSP 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