By: Pitts (Senate Sponsor - Williams) H.B. No. 1025
(In the Senate - Received from the House April 29, 2013;
April 29, 2013, read first time and referred to Committee on
Finance; May 20, 2013, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 13, Nays 0,
1 present not voting; May 20, 2013, sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 1025 By: Williams
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and reductions in
appropriations and giving direction and adjustment authority
regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. APPROPRIATION REDUCTION: TEXAS PUBLIC FINANCE
AUTHORITY. The unencumbered appropriations from undedicated or
dedicated portions of the general revenue fund to the Texas Public
Finance Authority for use during the state fiscal biennium ending
August 31, 2013, for bond debt service payments made by Chapter 1355
(H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), including appropriations authorized
under Rider 2 to the bill pattern of the appropriations to the
authority, are reduced by a total aggregate reduction of
$22,601,012. The Texas Public Finance Authority shall identify the
strategies and objectives out of which the indicated reduction is
to be made.
SECTION 2. APPROPRIATION REDUCTION: TEXAS DEPARTMENT OF
TRANSPORTATION. The unencumbered appropriations from the general
revenue fund to the Texas Department of Transportation for use
during the state fiscal biennium ending August 31, 2013, made by
Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for Strategy G.1.1,
General Obligation Bonds, are reduced by the amount of $53,000,000.
SECTION 3. APPROPRIATION REDUCTION: DEBT SERVICE PAYMENTS
- NON-SELF SUPPORTING GENERAL OBLIGATION WATER BONDS. The
unencumbered appropriations from the general revenue fund to the
Water Development Board for Debt Service Payments for Non-Self
Supporting G.O. Water Bonds for use during the state fiscal
biennium ending August 31, 2013, made by Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), are reduced by the following amounts:
(1) $1,373,065 from Strategy A.1.1, EDAP Debt Service;
and
(2) $6,325,756 from Strategy A.1.3, WIF Debt Service.
SECTION 4. APPROPRIATION REDUCTION: DEPARTMENT OF FAMILY
AND PROTECTIVE SERVICES. The unencumbered appropriations from the
general revenue fund to the Department of Family and Protective
Services for use during the state fiscal biennium ending August 31,
2013, made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature,
Regular Session, 2011 (the General Appropriations Act), for
Strategy B.1.11, Foster Care Payments, are reduced by the amount of
$11,489,949.
SECTION 5. APPROPRIATION REDUCTION: HEALTH AND HUMAN
SERVICES COMMISSION. The unencumbered appropriations from the
general revenue fund to the Health and Human Services Commission
for use during the state fiscal biennium ending August 31, 2013,
made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for Strategy D.1.1,
TANF (Cash Assistance) Grants, are reduced by the amount of
$2,330,351.
SECTION 6. APPROPRIATION REDUCTION: HIGHER EDUCATION
EMPLOYEES GROUP INSURANCE CONTRIBUTIONS. The unencumbered
appropriations from the general revenue fund to the Higher
Education Employees Group Insurance Contributions for use during
the state fiscal biennium ending August 31, 2013, made by Chapter
1355 (H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011
(the General Appropriations Act), for Strategy A.1.11, UT
Medical - Galveston, are reduced by the amount of $1,400,437.
SECTION 7. APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT
AUSTIN. The unencumbered appropriations from the general revenue
fund to the University of Texas at Austin for use during the state
fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B.
1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), for Strategy C.4.1, Institutional
Enhancement, are reduced by the amount of $2,000,000.
SECTION 8. APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT
DALLAS. The unencumbered appropriations from the general revenue
fund to the University of Texas at Dallas for use during the state
fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B.
1), Acts of the 82nd Legislature, Regular Session, 2011 (the
General Appropriations Act), for Strategy A.1.1, Operations
Support, are reduced by the amount of $890,622.
SECTION 9. APPROPRIATION REDUCTION: TEXAS A&M AGRILIFE
RESEARCH. The unencumbered appropriations from general revenue
account number 151, Clean Air, to Texas A&M AgriLife Research for
use during the state fiscal biennium ending August 31, 2013, by
Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for Strategy A.1.1,
Agricultural/Life Sciences Research, are reduced by the amount of
$12,500.
SECTION 10. FACILITIES COMMISSION: UTILITY COSTS. (a) In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2013, the amount of $1,400,000 is
appropriated out of the general revenue fund to the Facilities
Commission for Strategy B.2.1, Facilities Operation, as listed in
Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for the two-year
period beginning on the effective date of this Act for the purpose
of providing for payment of increased utility costs as a result of
an increase in utility rates.
(b) Money appropriated by this section may not be used by
the commission for a purpose other than payment of utility expenses
without the prior written approval of the Legislative Budget Board.
SECTION 11. VETERANS COMMISSION: STRIKE FORCE TEAMS;
REPAYMENT OF DEFICIENCY. (a) In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
the amount of $1,546,003 is appropriated out of the general revenue
fund to the Veterans Commission for the state fiscal year ending
August 31, 2013, for the purpose of creating two state strike force
teams to address the backlog of claims in Houston and Waco and to
hire additional counselors to be located in hospitals and clinics
operated by the United States Department of Veterans Affairs.
(b) In addition to the number of full-time equivalent
employees (FTEs) the Veterans Commission is authorized by other law
to employ during the state fiscal year ending August 31, 2013, the
commission may employ an additional 16.0 FTEs during that state
fiscal year.
(c) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$500,000 is appropriated out of the general revenue fund to the
Veterans Commission for the state fiscal year ending August 31,
2013, for the purpose of repaying a deficiency grant made under
Section 403.075, Government Code.
SECTION 12. UNIVERSITY OF HOUSTON - CLEAR LAKE. In addition
to amounts previously appropriated for the state fiscal biennium
ending August 31, 2013, the amount of $200,000 is appropriated out
of the general revenue fund to the University of Houston - Clear
Lake for Strategy A.1.4, Workers' Compensation Insurance, as listed
in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
Session, 2011 (the General Appropriations Act), for the state
fiscal year ending August 31, 2013, for the purpose of current
operations.
SECTION 13. TEXAS A&M ENGINEERING EXTENSION SERVICE. In
addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2013, the amount of $1,678,703 is
appropriated out of the general revenue fund to the Texas A&M
Engineering Extension Service for the state fiscal year ending
August 31, 2013, for the purpose of reimbursing the agency for
state-directed deployments for natural disasters.
SECTION 14. TEXAS A&M AGRILIFE RESEARCH. In addition to
amounts previously appropriated for the state fiscal biennium
ending August 31, 2013, the amount of $162,500 is appropriated out
of the general revenue fund to Texas A&M AgriLife Research for the
state fiscal year ending August 31, 2013, for the purpose of current
operations.
SECTION 15. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2013, the amount of $475,000 is
appropriated out of the general revenue fund to the Judiciary
Section, Comptroller's Department, for Strategy D.1.8, Juror Pay,
as listed in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature,
Regular Session, 2011 (the General Appropriations Act), for the
state fiscal year ending August 31, 2013, for the purpose of
reimbursing the agency for a transfer to Strategy D.1.10, Indigent
Inmate Defense, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
Legislature, Regular Session, 2011 (the General Appropriations
Act), to cover costs of providing legal representation for an
inmate in a capital murder trial.
SECTION 16. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
MANAGED HEALTH CARE. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
the amount of $39,000,000 is appropriated out of the general
revenue fund to the Department of Criminal Justice for the state
fiscal year ending August 31, 2013, for the purpose of providing for
correctional managed health care.
SECTION 17. COMMISSION ON ENVIRONMENTAL QUALITY: ELEPHANT
BUTTE LITIGATION EXPENSES. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
the amount of $500,000 is appropriated out of general revenue
account number 153, Water Resource Management, to the Commission on
Environmental Quality for the two-year period beginning on the
effective date of this Act for the purpose of paying for Elephant
Butte litigation expenses.
SECTION 18. PARKS AND WILDLIFE DEPARTMENT: REVENUE
SHORTFALL. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2013, the amount of
$889,000 is appropriated out of the general revenue fund to the
Parks and Wildlife Department for the two-year period beginning on
the effective date of this Act for the purpose of providing for
state park operations as a result of a revenue shortfall.
SECTION 19. LIBRARY AND ARCHIVES COMMISSION:
DIRECTOR-LIBRARIAN SALARY. (a) In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
the amount of $35,500 is appropriated out of the general revenue
fund to the Library and Archives Commission for the fiscal year
ending August 31, 2013, for the purpose of providing a salary rate
increase for the Director-Librarian.
(b) Notwithstanding the rate of salary in the bill pattern
of the Library and Archives Commission in Chapter 1355 (H.B. 1),
Acts of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), the rate of salary for the Director-Librarian
is $140,000 for the state fiscal year ending August 31, 2013.
SECTION 20. TEXAS A&M FOREST SERVICE: APPROPRIATIONS FOR
GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2013, the amount of $161,065,711 is appropriated out of the
general revenue fund to the Texas A&M Forest Service for the state
fiscal year ending August 31, 2013, for the purpose of paying for,
or reimbursing payments made for, costs incurred by the Texas A&M
Forest Service associated with wildfires.
SECTION 21. DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR
GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2013, the amount of $2,700,000 is appropriated out of the
general revenue fund to the Department of Public Safety for the
state fiscal year ending August 31, 2013, for the purpose of paying
for, or reimbursing payments made for, costs incurred by the
Department of Public Safety associated with wildfires.
SECTION 22. PARKS AND WILDLIFE DEPARTMENT: APPROPRIATIONS
FOR COSTS CAUSED BY WILDFIRES AT THE BASTROP STATE PARK AND BASTROP
REGIONAL PARK OFFICE. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
the amount of $4,892,440 is appropriated out of the general revenue
fund to the Parks and Wildlife Department for the two-year period
beginning on the effective date of this Act for the purpose of
paying for, or reimbursing payments made for, costs incurred by the
Parks and Wildlife Department associated with wildfires that
occurred at the Bastrop State Park and Bastrop regional park
office.
SECTION 23. RAILROAD COMMISSION: INFORMATION TECHNOLOGY
MODERNIZATION. (a) In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2013, the amount of
$16,711,989 is appropriated out of general revenue dedicated
account number 5155, Oil and Gas Regulation and Cleanup Account, to
the Railroad Commission for the two-year period beginning on the
effective date of this Act for the purpose of modernization of
information technology.
(b) In addition to the number of full-time equivalent
employees (FTEs) the Railroad Commission is authorized by other law
to employ during the two-year period beginning on the effective
date of this Act, the commission may employ an additional 11.0 FTEs
in each of those years.
SECTION 24. DEPARTMENT OF STATE HEALTH SERVICES:
DISPROPORTIONATE SHARE HOSPITAL PROGRAM. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2013, the amount of $100,000,000 is appropriated out of general
revenue dedicated account number 5111, Trauma Facility and EMS
Account, to the Department of State Health Services for the state
fiscal year ending August 31, 2013, for the purpose of entering into
an interagency contract to transfer money from that account from
that department to the Health and Human Services Commission to
provide for the non-federal share for the Medicaid disproportionate
share hospital program.
SECTION 25. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
GOVERNOR: DISASTER RECOVERY. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2013, the following amounts are appropriated out of the general
revenue fund to the Trusteed Programs within the Office of the
Governor for the two-year period beginning on the effective date of
this Act for purposes of wildfire recovery, remediation, and
mitigation activities related to wildfires in Bastrop and Cass
Counties:
(1) $4,398,000 to address the needed repair and
rehabilitation of roads, bridges, culverts, and parks, and to
complete hazardous debris removal and fire risk-mitigation
activities in Bastrop County; and
(2) an amount not to exceed $1,000,000 for
reimbursements to local responders in Cass County for work
performed during the Bear Creek wildfires.
(b) Money appropriated by this section shall be allocated to
specific projects to maximize the receipt of federal money
available for similar purposes. Money appropriated by this section
may not be spent on activities conducted on private property.
SECTION 26. APPROPRIATIONS TO INSTITUTIONS OF HIGHER
EDUCATION: HAZLEWOOD EXEMPTION. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2013,
to the listed institutions of higher education, the following
amounts are appropriated out of the general revenue fund for the
two-year period beginning on the effective date of this Act for the
purpose of funding the proportionate share of the total cost to each
institution for the Hazlewood exemption, for a total aggregate
amount of $30,000,000:
(1) The University of Texas at Arlington: $1,406,701;
(2) The University of Texas at Austin: $1,736,342;
(3) The University of Texas at Dallas: $702,122;
(4) The University of Texas at El Paso: $696,939;
(5) The University of Texas--Pan American: $419,271;
(6) The University of Texas at Brownsville: $153,017;
(7) The University of Texas of the Permian Basin:
$66,965;
(8) The University of Texas at San Antonio:
$1,919,554;
(9) The University of Texas at Tyler: $300,676;
(10) Texas A&M University: $2,435,829;
(11) Texas A&M University at Galveston: $140,041;
(12) Prairie View A&M University: $361,931;
(13) Tarleton State University: $403,137;
(14) Texas A&M University--Central Texas: $139,830;
(15) Texas A&M University--Corpus Christi: $694,591;
(16) Texas A&M University--Kingsville: $326,371;
(17) Texas A&M University--San Antonio: $170,885;
(18) Texas A&M International University: $112,013;
(19) West Texas A&M University: $279,756;
(20) Texas A&M University--Commerce: $500,167;
(21) Texas A&M University--Texarkana: $31,056;
(22) University of Houston: $1,267,175;
(23) University of Houston--Clear Lake: $247,905;
(24) University of Houston--Downtown: $205,693;
(25) University of Houston--Victoria: $114,415;
(26) Midwestern State University: $266,493;
(27) University of North Texas: $1,450,907;
(28) University of North Texas at Dallas: $41,972;
(29) Stephen F. Austin State University: $507,780;
(30) Texas Southern University: $302,845;
(31) Texas Tech University: $1,902,362;
(32) Angelo State University: $333,676;
(33) Texas Woman's University: $315,905;
(34) Lamar University: $617,129;
(35) Lamar Institute of Technology: $58,752;
(36) Lamar State College--Orange: $23,384;
(37) Lamar State College--Port Arthur: $24,590;
(38) Sam Houston State University: $956,335;
(39) Texas State University--San Marcos: $2,513,969;
(40) Sul Ross State University: $60,784;
(41) The University of Texas Southwestern Medical
Center at Dallas: $30,812;
(42) The University of Texas Medical Branch at
Galveston: $86,039;
(43) The University of Texas Health Science Center at
Houston: $29,079;
(44) The University of Texas Health Science Center at
San Antonio: $177,640;
(45) The University of Texas M. D. Anderson Cancer
Center: $2,784;
(46) Texas A&M University System Health Science
Center: $112,525;
(47) University of North Texas Health Science Center
at Fort Worth: $51,072;
(48) Texas Tech University Health Sciences Center:
$201,985;
(49) Texas State Technical College--Harlingen:
$100,011;
(50) Texas State Technical College--West Texas:
$15,969;
(51) Texas State Technical College--Marshall:
$16,746;
(52) Texas State Technical College--Waco: $121,812;
(53) Alamo Community College District: $335,530;
(54) Alvin Community College: $40,839;
(55) Amarillo College: $129,144;
(56) Angelina College: $17,865;
(57) Austin Community College: $621,188;
(58) Blinn College: $158,713;
(59) Brazosport College: $26,463;
(60) Central Texas College: $80,575;
(61) Cisco Junior College: $34,473;
(62) Clarendon College: $8,088;
(63) Coastal Bend College: $32,958;
(64) College of the Mainland Community College
District: $21,115;
(65) Collin County Community College District:
$43,143;
(66) Dallas County Community College District:
$106,489;
(67) Del Mar College: $239,923;
(68) El Paso Community College District: $340,197;
(69) Frank Phillips College: $4,153;
(70) Galveston College: $9,593;
(71) Grayson County College: $28,976;
(72) Hill College: $26,577;
(73) Houston Community College: $235,719;
(74) Howard College: $24,419;
(75) Kilgore College: $60,438;
(76) Laredo Community College: $60,203;
(77) Lee College: $31,006;
(78) Lone Star College System District: $243,510;
(79) McLennan Community College: $92,399;
(80) Midland College: $32,895;
(81) Navarro College: $401,058;
(82) North Central Texas College: $41,066;
(83) Northeast Texas Community College: $23,887;
(84) Odessa College: $19,382;
(85) Panola College: $13,630;
(86) Paris Junior College: $27,678;
(87) Ranger College: $12,154;
(88) San Jacinto College: $120,361;
(89) South Plains College: $122,024;
(90) South Texas College: $115,340;
(91) Southwest Texas Junior College: $23,068;
(92) Tarrant County College District: $117,020;
(93) Temple College: $128,794;
(94) Texarkana College: $16,682;
(95) Texas Southmost College: $179,695;
(96) Trinity Valley Community College: $50,349;
(97) Tyler Junior College: $128,796;
(98) Vernon College: $46,291;
(99) Victoria College: $66,232;
(100) Weatherford College: $30,136;
(101) Western Texas College: $18,174; and
(102) Wharton County Junior College: $55,853.
SECTION 27. HEALTH AND HUMAN SERVICES COMMISSION: CERTAIN
RIDERS. Rider 26 to the bill pattern of the appropriations to the
Health and Human Services Commission in Chapter 1355 (H.B. 1), Acts
of the 82nd Legislature, Regular Session, 2011 (the General
Appropriations Act), is repealed, and the commission is not
required to comply with that rider on and after the effective date
of this Act.
SECTION 28. BENEFITS PAID PROPORTIONAL BY FUND. (a) This
section applies to each item of appropriation made by this Act.
(b) In order to maximize balances in the general revenue
fund, payment for benefits paid from funds appropriated by this
Act, including "local funds" and "educational and general funds,"
as those terms are defined by Sections 51.009(a) and (c), Education
Code, must be proportional to the source of the funds except for
payments for higher education employees group insurance
contributions for public community or junior colleges.
(c) Money appropriated by this Act out of the general
revenue fund may not be used to pay employee benefit costs or other
indirect costs associated with the payment of salaries or wages of
employees if the salaries or wages are paid from a source other than
the general revenue fund. A public community or junior college may
spend money appropriated by this Act for employee benefit costs for
any employee who is eligible to participate in an offered group
benefits program and is an instructional or administrative employee
whose entire salary may be paid from money appropriated by this Act,
regardless of whether the salary is actually paid by that money.
Payments for employee benefit costs associated with salaries and
wages paid from sources other than the general revenue fund,
including payments received under interagency agreement or as
contract receipts, must be made in proportion to the source of the
funds from which the salary or wage is paid. If the comptroller of
public accounts determines that achieving proportionality as
required by this section at the time a payment is made is
impractical or inefficient, then the general revenue fund shall be
reimbursed for any payment of employee benefit costs made out of the
general revenue fund.
(d) A state agency or institution of higher education that
receives an appropriation by this Act from the general revenue fund
or any other source of financing shall file with the comptroller of
public accounts and the state auditor a report demonstrating
proportionality. The report is due on November 20th of each year
and must cover the state fiscal year ending on August 31st of the
year in which the report is due. The report shall be in the format
prescribed by the comptroller, the Legislative Budget Board, and
the State Auditor's Office. The state auditor may audit a state
agency's or institution's compliance with this section if the
agency or institution is appropriated money by this Act. The state
auditor shall notify the comptroller of any amount
disproportionally paid from general revenue fund appropriations.
On receipt of that notice, the comptroller shall reduce the state
agency's or institution's current year general revenue fund
appropriations until the general revenue fund is reimbursed for the
amounts disproportionally paid out of that fund.
SECTION 29. EFFECTIVE DATE. This Act takes effect
immediately as provided for a general appropriations act under
Section 39, Article III, Texas Constitution.
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