S.B. No. 2
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.
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. LECOS Retirement Fund. 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. Contingency: Expand Physician and Nurse Trauma
Care Fellowship Slots. Contingent on the passage by the 82nd
Legislature, 1st Called Session, 2011, and becoming law of
legislation to fund the expansion of the number of physician and
nurse trauma care fellowships by the Department of State Health
Services or similar legislation, $2,250,000 in fiscal year 2012 and
$2,250,000 in fiscal year 2013 is appropriated to the department
for the state fiscal biennium ending August 31, 2013, from General
Revenue-Dedicated Account No. 5111, Designated Trauma Facility and
EMS Account, for the purposes of the legislation. Any unexpended
balances remaining as of August 31, 2012, are hereby appropriated
for the same purpose for the fiscal year beginning September 1,
2012.
SECTION 4. Contingency for Senate Bill 1: Debt Service on
Cancer Prevention and Research Bonds. The appropriations listed in
Rider 2, Informational Listing of Appropriated Funds and in Bond
Debt Service Payments of Article I, General Government, 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) above and elsewhere in House
Bill 1, Acts of the 82nd Legislature, Regular 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 2012-2013 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 Senate Bill 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 No. 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 in
subsection (b) above shall be decreased commensurately.
(e) Contingency for H.J.R. No. 109. Appropriations from the
Foundation School Fund (Fund No. 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 2012-2013 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 2012-2013 biennium, pursuant to all of the
following:
a. passage and enactment of H.J.R. No. 109 or 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 Senate Bill 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 2012-2013 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, Acts of the 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
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
2012-2013 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 2012-2013.
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 2012-2013 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 2012-2013, 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, Acts of
the 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. (a) 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 $10,000,000 from the
General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to
the Texas Workforce Commission for the Texas Back to Work Program,
and $10,000,000 from the General Revenue-Dedicated Texas
Enterprise Fund Account No. 5107 to the Texas Department of Housing
and Community Affairs for the Homeless Housing Program.
(b) 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 grants totaling $20,000,000 in the
2012-2013 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 ($10,000,000), and to the Texas
Department of Housing and Community Affairs for the Homeless
Housing Program ($10,000,000).
(c) It is the intent of the legislature that the Governor
may transfer appropriations from the Trusteed Programs within the
Office of the Governor to the Texas Workforce Commission for the
purposes of back to work programs, and to the Texas Department of
Housing and Community Affairs for programs for the homeless
authorized by legislation of the 82nd Legislature, Regular Session,
2011, or 1st Called Session, 2011. Further, notwithstanding other
provisions of this Act, it is expressly provided that the Governor,
to the extent permitted under federal law and regulations, may use
any unexpended federal American Recovery and Reinvestment Act,
State Fiscal Stabilization Fund - Government Services funds
(Section 14002(b) of the American Recovery and Reinvestment Act of
2009 (Public Law 111-5)), originally appropriated in Article XII,
Chapter 1424 (Senate Bill 1), Acts of the 81st Legislature, Regular
Session, 2009 (the General Appropriations Act) and reappropriated
in Section 8.02(a), Article IX, House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, for back to work programs or
the programs for the homeless identified in subsections (a) and (b)
above.
(d) Each state agency that received federal American
Recovery and Reinvestment Act, State Fiscal Stabilization Fund -
Government Services funds (Section 14002(b) of the American
Recovery and Reinvestment Act of 2009 (Public Law 111-5)) as
identified in subsection (c) above, and has an amount of these
federal funds unobligated and available for use, may direct the
Comptroller of Public Accounts to transfer an amount of these
federal funds to the Governor for the purpose of transferring
appropriations for back to work programs or programs for the
homeless.
(e) Rider 18, Transfer Prohibition, on page I-55 in the bill
pattern for the Trusteed Programs within the Office of the
Governor, House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011, is amended as follows:
18. Transfer Prohibition. Except as provided by other Acts
of the 82nd Legislature, 1st Called Session, 2011, and
notwithstanding [Notwithstanding] other provisions of this Act,
without the written permission of the Legislative Budget Board, the
Trusteed Programs within the Office of the Governor may not
transfer amounts appropriated to the Emerging Technology Fund
Account No. 5124 or appropriated to the Texas Enterprise Fund
Account No. 5107.
(f) Article IX, Section 18.112 on page IX-96 of House Bill
1, Acts of the 82nd Legislature, Regular Session, 2011, has no
effect.
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. Basic Civil Legal Services and Indigent
Defense. In addition to amounts appropriated in House Bill 1, Acts
of the 82nd Legislature, Regular Session, 2011:
(a) The Supreme Court of Texas in Strategy B.1.1, Basic
Civil Legal Services, is hereby appropriated $8,783,784 in fiscal
year 2012 and $8,783,783 in fiscal year 2013 in General Revenue for
Basic Civil Legal Services; and
(b) The Office of Court Administration in Strategy A.2.1,
Indigent Defense, is hereby appropriated $2,437,944 in fiscal year
2012 and $5,175,887 in fiscal year 2013 from the General
Revenue-Dedicated Fair Defense Account No. 5073 to restore grants
to counties ($2,350,894 in fiscal year 2012 and $5,088,837 in
fiscal year 2013) and grant administration ($87,050 each fiscal
year). The agency's FTE cap shall be increased by 1.0 FTE for grant
administration in each year of the biennium.
SECTION 14. Trusteed Programs within the Office of the
Governor: Disaster Funding. (a) In addition to amounts
appropriated in House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011, the Trusteed Programs within the Office of the
Governor is hereby appropriated $39,000,000 in General Revenue in
fiscal year 2012 in lapsed appropriations made in House Bill 4586,
81st Legislature, Regular Session, 2009, for the purpose of
providing disaster relief.
(b) If any state agency or institution of higher education
receives reimbursement from the federal government, an insurer, or
another source for an expenditure paid for or reimbursed under
subsection (a) above, the agency or institution shall reimburse the
state by depositing the amount of the reimbursement to the credit of
the Trusteed Programs within the Office of the Governor. Amounts
deposited under this subsection are reappropriated to the Trusteed
Programs within the Office of the Governor for disaster
preparedness and recovery costs for the two-year period beginning
on the effective date of this Act.
(c) Any unexpended balance as of August 31, 2012, may be
carried forward to the fiscal year starting September 1, 2012, for
the same purpose.
SECTION 15. Commission on State Emergency Communications.
(a) Rider 10 on page I-31 of House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, in the bill pattern of the
Commission on State Emergency Communications has no effect.
(b) Contingent on the collection of fees in the General
Revenue-Dedicated 9-1-1 Services Fees Account No. 5050 in excess of
$112,968,000 contained in the Comptroller of Public Accounts'
Biennial Revenue Estimate for the 2012-2013 biennium, the
Commission on State Emergency Communications is hereby
appropriated the excess revenue, not to exceed $11,722,424 for the
2012-2013 biennium, in Strategy A.1.1, 9-1-1 Network Operations and
Equipment Replacement for 9-1-1 Network Operations and for 9-1-1
equipment replacement per the established 10-year equipment
replacement schedule. If the Comptroller finds the information
sufficient to support the projection of increased revenues, a
finding of fact to that effect shall be issued and the contingent
appropriation shall be made available for the intended purposes.
SECTION 16. Texas State Technical College - Waco
Institutional Operations. Contingent on Section 13 of House Bill
4, Acts of the 82nd Legislature, Regular Session, 2011, not taking
effect, in addition to amounts appropriated to the Texas State
Technical College - Waco in House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, $2,000,000 is hereby
appropriated for the 2012-2013 biennium out of General Revenue Fund
0001 to the Texas State Technical College - Waco for institutional
operations.
SECTION 17. Lamar Institute of Technology Institutional
Operations. Contingent on Section 34 of House Bill 4, Acts of the
82nd Legislature, Regular Session, 2011, not taking effect, in
addition to amounts appropriated to the Lamar Institute of
Technology in House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011, $5,000,000 is hereby appropriated for the 2012-2013
biennium from General Revenue Fund 0001 to the Lamar Institute of
Technology for institutional operations.
SECTION 18. Health and Human Services Commission:
Umbilical Cord Blood Bank. If House Bill 4, Acts of the 82nd
Legislature, Regular Session, 2011, becomes law, Section 32 of that
Act is amended to read as follows:
Sec. 32. The amount of $2,000,000 is appropriated from
General Revenue Fund 0001 to the Health and Human Services
Commission for Strategy A.1.1, Enterprise Oversight and Policy, as
designated by page II-73, House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), for the purpose of entering into a contract with a public cord
blood bank in this state for gathering from live births umbilical
cord blood and retaining the blood at an unrelated cord blood bank
for the primary purpose of making umbilical cord blood available
for transplantation purposes. The contracting blood bank must be
accredited by the American Association of Blood Banks and the
International Organization for Standardization [THE UNIVERSITY OF
TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO: UMBILICAL CORD BLOOD
BANK. The amount of $2,000,000 is appropriated from General
Revenue Fund 0001 to The University of Texas Health Science Center
at San Antonio for the state fiscal biennium ending August 31, 2013,
for the umbilical cord blood bank].
SECTION 19. Sul Ross State University Institutional
Operations. Contingent on Section 33, House Bill 4, Acts of the
82nd Legislature, Regular Session, 2011, not becoming law, in
addition to amounts appropriated to Sul Ross State University in
House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011,
$7,000,000 is appropriated for the 2012-13 biennium from General
Revenue Fund 0001 to Sul Ross State University for the purpose of
institutional operations.
SECTION 20. Contingency for House Bill 3. Contingent on
House Bill 3, Acts of the 82nd Legislature, 1st Called Session,
2011, or similar legislation relating to the operation of the Texas
Windstorm Insurance Association and to the resolution of certain
disputes concerning claims made to that association, becoming law:
(1) the Texas Department of Insurance is appropriated
$131,370 for the state fiscal year beginning September 1, 2011, and
$121,767 for the state fiscal year beginning September 1, 2012,
from General Revenue Insurance Companies Maintenance Tax and
Insurance Department Fees to implement the provisions of that
legislation;
(2) the Number of Full-Time Equivalents (FTE) in the
Texas Department of Insurance's bill pattern, as provided by page
VIII-16, House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), is increased by 2.0
FTEs for the state fiscal year beginning September 1, 2011, and 2.0
FTEs for the state fiscal year beginning September 1, 2012;
(3) the Texas Public Finance Authority is appropriated
$750,000 out of appropriated receipts from the Texas Windstorm
Insurance Association for the state fiscal year beginning September
1, 2011, to implement the provisions of that legislation; and
(4) the unexpended and unobligated balance of the
amount appropriated under Subdivision (3) of this section remaining
on August 31, 2012, is appropriated to the Texas Public Finance
Authority for the same purposes for the state fiscal year beginning
September 1, 2012.
SECTION 21. University of Texas at El Paso. It is the
intent of the legislature that any decrease in appropriations from
the Permanent Endowment Fund Account No. 817 to The University of
Texas at E1 Paso for the state fiscal biennium ending August 31,
2013, from the preceding state fiscal biennium not be replaced with
an increase in General Revenue appropriations.
SECTION 22. Contingency for House Bill 26: Inmate Fee for
Health Care. Contingent on the enactment of House Bill 26, 82nd
Legislature, 1st Called Session, 2011, or similar legislation
relating to the containment of costs incurred in the correctional
health care system, the Texas Department of Criminal Justice is
appropriated from the General Revenue Fund an amount not to exceed
$7,705,800 in the state fiscal year ending August 31, 2012, and
$5,779,350 in the state fiscal year ending August 31, 2013, out of
health care services fees deposited to the General Revenue Fund
from inmate trust funds not to exceed $100 per inmate per year for
the purpose of providing correctional managed health care to
inmates. Unexpended and unobligated balances of the appropriated
amounts as of August 31, 2012, and August 31, 2013, are transferred
to the undedicated portion of the General Revenue Fund.
SECTION 23. Texas Armed Services Scholarship Program.
Contingent on legislation of the 82nd Legislature, 1st Called
Session, 2011, becoming law that is substantively similar to
provisions of House Bill 2403, Acts of the 82nd Legislature,
Regular Session, 2011, relating to retailers engaged in business in
this state for purposes of sales and use taxes, in addition to the
amounts appropriated by House Bill 1, Acts of the 82nd Legislature,
Regular Session, 2011 (the General Appropriations Act), there is
appropriated to the Texas Higher Education Coordinating Board, the
amount of $2,685,000 in general revenue funds for each year of the
state fiscal biennium ending August 31, 2013, for the purpose of
providing additional funding for the biennium in the amount of
$5,370,000 for Strategy B.1.13, Texas Armed Services Scholarship
Program, as designated by House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, in the appropriations to the
coordinating board.
SECTION 24. Specialty License Plate Revenue. If Section
13.07, Article IX, House Bill 1, Acts of the 82nd Legislature,
Regular Session, 2011, becomes law, Section 13.07(a) of that
Article is amended to read as follows:
(a) Except as provided by Subsection (c) of this Section,
for the fiscal biennium beginning September 1, 2011, the amounts
appropriated to an agency under Articles I-VIII of this Act
include, regardless of whether or not the amounts may be shown under
or limited by the bill pattern or riders of the agency or the
special provisions applicable to the Article of this Act under
which the agency's appropriation might be located, [fifty percent
of] all revenue collected by an agency on or after September 1,
2011, that are associated with the sale of a Texas specialty license
plate, as authorized by Subchapter G, Chapter 504, Transportation
Code, or other applicable statute, during the 2012-13 biennium,
including any new license plates that may be authorized or issued
after September 1, 2011.
SECTION 25. Texas State University System: System
Operations Reimbursement. In addition to amounts appropriated to
the Texas State University System in House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, there is hereby appropriated
for the 2012-2013 biennium $1,600,000 in General Revenue to the
Texas State University System for one-time costs at the system
office. It is the intent of the legislature that this appropriation
is one-time for the 2012-2013 biennium and shall not be included in
the base funding for the 2014-2015 biennium.
SECTION 26. Appropriation: Jobs and Education for Texans.
There is hereby appropriated all remaining unexpended and
unobligated balances as of August 31, 2011 (estimated to be
$5,000,000), out of the General Revenue-Dedicated Jobs and
Education for Texans Account No. 5143 to the Comptroller of Public
Accounts - Fiscal Programs for the purposes of providing grants in
accordance with Government Code, Chapter 403, Subchapter O, and
Education Code, Chapter 134. Any unexpended and unobligated
balances remaining as of August 31, 2012, are hereby appropriated
for the same purpose for the fiscal year beginning September 1,
2012.
SECTION 27. Contingency for Senate Bill 1: Charter School
Bonds. Contingent on enactment of Senate Bill 1, 82nd Legislature,
1st Called Session, 2011, or similar legislation relating to the
guarantee of open-enrollment charter school bonds by the Permanent
School Fund, by the 82nd Legislature, 1st Called Session, 2011, the
Texas Education Agency is hereby appropriated from the General
Revenue Fund $550,000 in each fiscal year of the 2012-2013
biennium. These appropriations are contingent upon the Texas
Education Agency assessing fees sufficient to generate, during the
2012-2013 biennium, revenue to cover the appropriations for
implementation of the legislation as well as associated "other
direct and indirect costs" appropriated elsewhere in this Act. In
the event that actual and/or projected revenue collections are
insufficient to offset the costs identified by this provision, the
Comptroller of Public Accounts may reduce the appropriation
authority provided herein to be within the amount of revenue
expected to be available.
SECTION 28. University of Texas at Austin. Out of funds
appropriated to The University of Texas at Austin in Strategy
C.4.1, Institutional Enhancement, in House Bill 1, 82nd
Legislature, Regular Session, 2011, $500,000 in General Revenue in
fiscal year 2012 and $500,000 in General Revenue in fiscal year 2013
is for a program at the College of Fine Arts developed in
partnership with the Texas Cultural Trust to extend the fine arts
digital literacy curriculum to 10th grade fine arts instruction and
the development of teacher certification curriculum in digital
literacy for the fine arts.
SECTION 29. Texas Forest Service. In addition to amounts
appropriated to the Texas Forest Service in House Bill 1, Acts of
the 82nd Legislature, Regular Session, 2011, there is hereby
appropriated $40,000,000 in General Revenue in fiscal year 2012 to
the agency for combating wildfire. Any unexpended balances as of
August 31, 2012, are hereby appropriated to the Texas Forest
Service for the fiscal year beginning September 1, 2012, for the
same purpose.
SECTION 30. Department of Public Safety: Border Security.
In addition to amounts appropriated in House Bill 1, Acts of the
82nd Legislature, Regular Session, 2011, and in addition to capital
purchases authorized in Rider 2 of the bill pattern for the Texas
Department of Public Safety: The Texas Department of Public Safety
is hereby appropriated $1,200,000 in General Revenue for the
2012-2013 biennium to be allocated as follows:
(a) $1,066,667 shall be used to purchase the following:
(1) $800,000 for tactical vessels; and
(2) $266,667 for weaponry.
(b) $133,333 shall be used by the agency for operations
costs, not including training costs, associated with the equipment
identified above.
The Legislative Budget Board shall make all necessary and
corresponding adjustments to the bill pattern of the Texas
Department of Public Safety, including adjustments to Rider 2,
Capital Budget, as necessary to implement the appropriation
authority provided by this section.
SECTION 31. Parks and Wildlife Department: Border
Security. In addition to amounts appropriated in House Bill 1, Acts
of the 82nd Legislature, Regular Session, 2011, and in addition to
capital purchases authorized in Rider 2 of the bill pattern for the
Parks and Wildlife Department: The Texas Parks and Wildlife
Department is hereby appropriated $909,759 in General Revenue for
the 2012-2013 biennium to be allocated as follows:
(a) $578,959 shall be used to purchase the following:
(1) $501,359 for SAFEBOATS; and
(2) $77,600 for weaponry and ammunition.
(b) $330,800 shall be used by the agency for operations
costs, not including training costs, associated with the equipment
identified above.
The Legislative Budget Board shall make all necessary and
corresponding adjustments to the bill pattern of the Parks and
Wildlife Department, including adjustments to Rider 2, Capital
Budget, as necessary to implement the appropriation authority
provided by this section.
SECTION 32. Texas Department of Rural Affairs: Transfer of
Functions. Contingent on enactment of Senate Bill 1, 82nd
Legislature, 1st Called Session, 2011, or similar legislation
providing for the transfer of all functions of the Texas Department
of Rural Affairs:
(a) All appropriations, FTEs, riders and measures for the
Texas Department of Rural Affairs in House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, for all nondisaster relief
funding purposes, including Community Development Block Grant
planning grant funds, are hereby transferred and appropriated to
the Texas Department of Agriculture.
(b) The Legislative Budget Board shall work with the
affected agencies on an agreement for the proper amount and
allocation of appropriations, FTEs, measures and riders. The
Legislative Budget Board shall approve the allocation agreement by
August 31, 2011, and will resolve any allocation issues that arise
thereafter.
(c) The Legislative Budget Board shall make all necessary
adjustments as a result of this section to the bill patterns of the
affected agencies.
SECTION 33. Community Development Block Grant: Disaster
Relief Funding. Pursuant to the Governor designating the General
Land Office as the state agency responsible for administration of
the Community Development Block Grant disaster recovery funding for
Texas, as allowed under the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act and other related
federal provisions:
(a) All appropriations, FTEs, riders, and measures for the
Texas Department of Housing and Community Affairs related to
Community Development Block Grant disaster recovery funding and
assistance in House Bill 1, Acts of the 82nd Legislature, Regular
Session, 2011, are hereby transferred and appropriated to the
General Land Office.
(b) All appropriations, FTEs, riders and measures for the
Texas Department of Rural Affairs, or its successor agency, related
to disaster recovery funding in House Bill 1, Acts of the 82nd
Legislature, Regular Session, 2011, are hereby transferred and
appropriated to the General Land Office.
(c) The Legislative Budget Board shall work with the
affected agencies on an agreement for the proper amount and
allocation of appropriations, FTEs, measures and riders. The
Legislative Budget Board shall approve the allocation agreement by
August 31, 2011, and will resolve any allocation issues that arise
thereafter.
(d) The Legislative Budget Board shall make all necessary
adjustments as a result of this section to the bill patterns of the
affected agencies.
SECTION 34. SAVING 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 35. This Act takes effect immediately. Except as
otherwise provided by this Act, the appropriations made by this Act
are effective for the two-year period starting September 1, 2011.
______________________________ ______________________________
President of the Senate Speaker of the House
______________________________
Secretary of the Senate
______________________________
Chief Clerk of the House
Approved:
I, Susan Combs, Comptroller of
______________________________ Public Accounts, do hereby
Date certify that the amounts
appropriated in the herein
S.B. No. 2, 1st Called Session,
______________________________ 82nd Legislature, are within the
Governor amount estimated to be available
in the affected fund.
Certified _____________, 2011.
______________________________
Comptroller of Public Accounts
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