83R5106 CJC-F
By: Pitts H.B. No. 1025
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: DEPARTMENT OF
ASSISTIVE AND REHABILITATIVE SERVICES. The unencumbered
appropriations from federal Temporary Assistance for Needy
Families (TANF) funds to the Department of Assistive and
Rehabilitative 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 A.1.1., ECI Services, are reduced
by the amount of $5,800,000.
SECTION 2. 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 $23,536,739.
SECTION 3. 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 4. 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 5. 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 6. 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 7. APPROPRIATION REDUCTION: COMMUNITY COLLEGES.
The unencumbered appropriations from the general revenue fund to
Public Community/Junior Colleges for use during the state fiscal
year 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, respectively, in the amounts
indicated by this section, for a total aggregate amount of
$86,654,557. The comptroller of public accounts shall apply the
reductions in general revenue appropriations to each community or
junior college in the following indicated amounts:
(1) Alamo Community College: $7,691,894;
(2) Alvin Community College: $1,058,325;
(3) Amarillo College: $1,708,432;
(4) Angelina College: $488,773;
(5) Austin Community College: $9,482,654;
(6) Blinn College: $1,613,073;
(7) Brazosport College: $1,038,621;
(8) Central Texas College: $2,203,642;
(9) Cisco Junior College: $275,082;
(10) Clarendon College: $108,855;
(11) Coastal Bend College: $611,377;
(12) College of the Mainland: $1,617,987;
(13) Collin County Community College: $2,569,386;
(14) Del Mar College: $2,066,957;
(15) El Paso Community College: $3,903,342;
(16) Frank Phillips College: $135,579;
(17) Galveston College: $511,170;
(18) Grayson County College: $416,429;
(19) Hill College: $269,502;
(20) Houston Community College: $8,062,476;
(21) Howard College: $315,577;
(22) Kilgore College: $731,448;
(23) Laredo Community College: $2,238,911;
(24) Lee College: $1,347,526;
(25) Lone Star College System: $7,119,282;
(26) McLennan Community College: $1,708,874;
(27) Midland College: $1,284,228;
(28) Navarro College: $338,086;
(29) North Central Texas College: $547,632;
(30) Northeast Texas Community College: $606,919;
(31) Odessa College: $1,097,994;
(32) Panola College: $420,021;
(33) San Jacinto College: $4,435,321;
(34) South Plains College: $844,175;
(35) South Texas College: $3,429,664;
(36) Southwest Texas Junior College: $909,179;
(37) Tarrant County College: $6,795,981;
(38) Temple College: $724,912;
(39) Texarkana College: $451,137;
(40) Trinity Valley Community College: $760,183;
(41) Tyler Junior College: $1,288,860;
(42) Vernon College: $398,878;
(43) Victoria College: $801,220;
(44) Weatherford College: $979,850;
(45) Western Texas College: $268,687; and
(46) Wharton County Junior College: $976,456.
SECTION 8. 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 9. 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 10. 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 11. 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 12. 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 13. 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 14. 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 15. 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 16. 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 17. 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 18. 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 19. 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 that occurred during the
state fiscal biennium beginning September 1, 2011, but before the
effective date of this Act.
SECTION 20. 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 that occurred
during the state fiscal biennium beginning September 1, 2011, but
before the effective date of this Act.
SECTION 21. 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
during the state fiscal biennium beginning September 1, 2011, but
before the effective date of this Act.
SECTION 22. 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 23. 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, the comptroller shall reimburse the
general revenue fund for any payment of employee benefit costs made
out of that 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 shall review each
state agency's or institution's compliance with this section at
least once 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 24. EFFECTIVE DATE. This Act takes effect
immediately as provided for a general appropriations act under
Section 39, Article III, Texas Constitution.