84R18291 KLA-F
By: Otto, Keffer, Darby, Ashby, Aycock H.B. No. 2
Substitute the following for H.B. No. 2:
By: Otto C.S.H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and giving
direction and adjustment authority regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. APPROPRIATION REDUCTION: PUBLIC FINANCE
AUTHORITY. The unencumbered appropriations from the general
revenue fund to the Public Finance Authority made by Chapter 1411
(S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2015, for bond debt service payments,
including appropriations subject to Rider 2, page I-45, Chapter
1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013
(the General Appropriations Act), to the bill pattern of the
appropriations to the authority, are reduced by a total aggregate
of $21,000,000. The Public Finance Authority shall identify the
strategies and objectives to which the reduction is to be allocated
and the amount of the reduction for each of those strategies and
objectives.
SECTION 2. APPROPRIATION REDUCTION: TEXAS EDUCATION
AGENCY. The unencumbered appropriations from the general revenue
fund to the Texas Education Agency made by Chapter 1411 (S.B. 1),
Acts of the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for use during the state fiscal biennium
ending August 31, 2015, for Strategy A.1.1., FSP-Equalized
Operations, are reduced by $710,000,000.
SECTION 3. APPROPRIATION REDUCTION: DEPARTMENT OF
TRANSPORTATION. The unencumbered appropriations from the general
revenue fund to the Department of Transportation made by Chapter
1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013
(the General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2015, for Strategy G.1.1., General
Obligation Bonds, are reduced by $22,100,000.
SECTION 4. APPROPRIATION REDUCTION: HEALTH AND HUMAN
SERVICES COMMISSION. The unencumbered appropriations from federal
funds to the Health and Human Services Commission made by Chapter
1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013
(the General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2015, for Strategy D.1.1., TANF (Cash
Assistance) Grants, are reduced by $35,083,683.
SECTION 5. APPROPRIATION REDUCTION: DEBT SERVICE PAYMENTS -
NON-SELF SUPPORTING G.O. WATER BONDS. (a) The unencumbered
appropriations from the general revenue fund to the Debt Service
Payments - Non-Self Supporting G.O. Water Bonds made by Chapter
1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013
(the General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2015, for Strategy A.1.1., EDAP Debt
Service, are reduced by $362,107.
(b) The unencumbered appropriations from the general
revenue fund to the Debt Service Payments - Non-Self Supporting
G.O. Water Bonds made by Chapter 1411 (S.B. 1), Acts of the 83rd
Legislature, Regular Session, 2013 (the General Appropriations
Act), for use during the state fiscal biennium ending August 31,
2015, for Strategy A.1.3., WIF Debt Service, are reduced by
$5,570,411.
SECTION 6. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
FOSTER CARE SHORTFALL. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2015,
$17,729,316 is appropriated out of the general revenue fund to the
Department of Family and Protective Services for Strategy B.1.11.,
Foster Care Payments, as listed in Chapter 1411 (S.B. 1), Acts of
the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for the state fiscal year ending August 31,
2015, for the purpose of providing foster care.
SECTION 7. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
TITLE IV-E WAIVER. In addition to amounts previously appropriated
for the state fiscal biennium ending August 31, 2015, $800,000 is
appropriated out of the general revenue fund, and $800,000 is
appropriated out of federal funds, to the Department of Family and
Protective Services for Strategy B.1.11., Foster Care Payments, as
listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature,
Regular Session, 2013 (the General Appropriations Act), for the
state fiscal year ending August 31, 2015, for the purpose of
matching funds for information technology costs and pre-evaluation
costs associated with the Title IV-E waiver.
SECTION 8. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID
SHORTFALL. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2015, $85,543,166 is
appropriated out of the general revenue fund, and $118,373,797 is
appropriated out of federal funds, to the Health and Human Services
Commission for Goal B, Medicaid, as listed in Chapter 1411 (S.B. 1),
Acts of the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for the state fiscal year ending August 31,
2015, for Medicaid acute care services.
SECTION 9. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID
HEALTH INSURANCE PROVIDERS FEE AND ASSOCIATED FEDERAL INCOME TAX.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2015, $79,685,024 is appropriated out of
the general revenue fund, and $113,570,204 is appropriated out of
federal funds, to the Health and Human Services Commission for Goal
B, Medicaid, as listed in Chapter 1411 (S.B. 1), Acts of the 83rd
Legislature, Regular Session, 2013 (the General Appropriations
Act), for the state fiscal year ending August 31, 2015, for the
purpose of adjusting Medicaid capitation payments made to managed
care organizations providing health care services through managed
care plans under the Medicaid program to account for the health
insurance providers fee imposed under Section 9010 of the federal
Patient Protection and Affordable Care Act (Pub. L. No. 111-148),
as amended by the Health Care and Education Reconciliation Act of
2010 (Pub. L. No. 111-152), and the associated effects of that fee
on federal income taxes.
SECTION 10. HEALTH AND HUMAN SERVICES COMMISSION: CHIP
HEALTH INSURANCE PROVIDERS FEE AND ASSOCIATED FEDERAL INCOME TAX.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2015, $4,516,607 is appropriated out of
the general revenue fund, and $15,404,526 is appropriated out of
federal funds, to the Health and Human Services Commission for Goal
C, CHIP Services, as listed in Chapter 1411 (S.B. 1), Acts of the
83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for the state fiscal year ending August 31,
2015, for the purpose of adjusting child health plan program
capitation payments made to managed care organizations providing
health care services through managed care plans under the child
health plan program to account for the health insurance providers
fee imposed under Section 9010 of the federal Patient Protection
and Affordable Care Act (Pub. L. No. 111-148), as amended by the
Health Care and Education Reconciliation Act of 2010 (Pub. L.
No. 111-152), and the associated effects of that fee on federal
income taxes.
SECTION 11. TEACHER RETIREMENT SYSTEM: TRS CARE SHORTFALL.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2015, $768,100,754 is appropriated out
of the general revenue fund to the Teacher Retirement System for the
state fiscal year ending August 31, 2015, for Strategy A.2.1.,
Retiree Health-Statutory Funds, as listed in Chapter 1411 (S.B. 1),
Acts of the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for TRS Care.
SECTION 12. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
MANAGED HEALTH CARE SHORTFALL. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2015,
$50,500,000 is appropriated out of the general revenue fund to the
Department of Criminal Justice for the state fiscal year ending
August 31, 2015, for Strategy C.1.8., Hospital and Clinical Care,
as listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature,
Regular Session, 2013 (the General Appropriations Act), for
correctional managed health care.
SECTION 13. DEPARTMENT OF TRANSPORTATION: UNEXPENDED
BALANCE AUTHORITY FOR ENERGY SECTOR ROAD APPROPRIATIONS. Any
money appropriated by Section 40, Chapter 836 (H.B. 1025), Acts of
the 83rd Legislature, Regular Session, 2013, from the general
revenue fund to the Department of Transportation for transfer to
the Transportation Infrastructure Fund or State Highway Fund 6 and
use during the two-year period beginning on the effective date of
that Act for road repairs in energy sectors as specified by that Act
that, immediately preceding the expiration of that two-year period,
is unexpended and unencumbered, is appropriated to the department
for the same purpose for the two-year period beginning on the
effective date of this Act.
SECTION 14. TEXAS DEPARTMENT OF INSURANCE: HEALTHY TEXAS
PROGRAM. (a) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2015, $708,000 is
transferred from the general revenue fund to general revenue
account number 0036, Texas Department of Insurance Operating Fund
Account, and is appropriated from that account to the Texas
Department of Insurance for the state fiscal year ending August 31,
2015, for Strategy A.1.1., Consumer Education and Outreach, as
listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature,
Regular Session, 2013 (the General Appropriations Act), for agency
operations.
(b) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2015, $1,000,000 is
transferred from the general revenue fund to general revenue
account number 0036, Texas Department of Insurance Operating Fund
Account, and is appropriated from that account to the Texas
Department of Insurance for the state fiscal year ending August 31,
2015, for Strategy A.3.1., Process Rates, Forms & Licenses, as
listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature,
Regular Session, 2013 (the General Appropriations Act), for agency
operations.
(c) In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2015, $3,592,000 is
transferred from the general revenue fund to general revenue
account number 0036, Texas Department of Insurance Operating Fund
Account, and is appropriated from that account to the Texas
Department of Insurance for the state fiscal year ending August 31,
2015, for Strategy A.4.3., Healthy Texas, as listed in Chapter 1411
(S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013 (the
General Appropriations Act), for agency operations.
SECTION 15. FACILITIES COMMISSION: HEALTH AND SAFETY
REPAIRS AT THE TEXAS SCHOOL FOR THE DEAF. (a) In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2015, the amount of $10,952,024 is appropriated out of the
general revenue fund to the Facilities Commission for Strategy
B.2.1., Facilities Operation, as listed in Chapter 1411 (S.B. 1),
Acts of the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act), for the period beginning on the effective date
of this Act and ending on August 31, 2016, for critical operations,
deferred maintenance, and health and safety projects at the Texas
School for the Deaf.
(b) The Facilities Commission shall report monthly to the
Legislative Budget Board, in a manner prescribed by the board,
regarding the use of the money appropriated in Subsection (a) of
this section. Each report must provide information on project
milestones, target completion dates, and money spent as of the date
of the report.
SECTION 16. FACILITIES COMMISSION: CRITICAL OPERATIONS,
DEFERRED MAINTENANCE, AND HEALTH AND SAFETY MAINTENANCE AT
STATE-OWNED BUILDINGS. (a) In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2015,
the amount of $9,633,658 is appropriated out of the general revenue
fund to the Facilities Commission for Strategy B.2.1., Facilities
Operation, as listed in Chapter 1411 (S.B. 1), Acts of the 83rd
Legislature, Regular Session, 2013 (the General Appropriations
Act), for the two-year period beginning on the effective date of
this Act for critical operations, deferred maintenance, and health
and safety maintenance at state-owned buildings.
(b) The Facilities Commission shall report monthly to the
Legislative Budget Board, in a manner prescribed by the board,
regarding the use of the money appropriated in Subsection (a) of
this section. Each report must provide information on project
milestones, target completion dates, and money spent as of the date
of the report.
SECTION 17. OFFICE OF COURT ADMINISTRATION, TEXAS JUDICIAL
COUNCIL: E-FILING SYSTEM. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2015,
$6,400,000 is appropriated out of the general revenue fund to the
Office of Court Administration, Texas Judicial Council, for
Strategy A.1.2., Information Technology, as listed in Chapter 1411
(S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013 (the
General Appropriations Act), for the state fiscal year ending
August 31, 2015, for management of the statewide e-filing system.
SECTION 18. PARKS AND WILDLIFE DEPARTMENT: SAN JACINTO
LAWSUIT SETTLEMENT. In addition to the amounts previously
appropriated for the state fiscal biennium ending August 31, 2015,
if money is recovered under an agreed final judgment in Harris
County v. Waste Management of Texas, Inc., No. 2011-76724-A (295th
Dist. Ct., Harris County, Tex. ____ 2014), and deposited to the
credit of the general revenue fund, the amount of that recovered
money that is deposited to the credit of the general revenue fund,
but not to exceed $10 million, is appropriated from that fund to the
Parks and Wildlife Department for the two-year period beginning on
the effective date of this Act for the purpose of transferring the
money to Harris County. Funds may be transferred to Harris County
under this section only in accordance with an agreement between the
Parks and Wildlife Department and Harris County for use along the
San Jacinto River and in its watershed to mitigate the effects of
environmental contamination and the effects of that contamination
on natural resources and the public use of natural resources. Funds
transferred under this section may be used only for one or more of
the following:
(1) dissemination of information pertaining to marine
life, wild animal life, wildlife values, and wildlife management;
(2) scientific investigation and survey of marine life
for the better protection and conservation of marine life;
(3) propagation and distribution of marine life, game
animals, and wild birds;
(4) protection of wild birds, fish, and game;
(5) research, management, and protection of the fish
and wildlife resources of this state;
(6) expansion and development of additional
opportunities of hunting and fishing in state-owned land and water;
(7) purchase, construction, and maintenance of boat
ramps on or near public waters; and
(8) resource protection activities.
SECTION 19. DEPARTMENT OF PUBLIC SAFETY: LIMITATION ON
APPROPRIATIONS FOR RECRUIT SCHOOLS. (a) In this section:
(1) "New trooper" means a trooper employed by the
Department of Public Safety for less than 52 weeks.
(2) "Recruit school" and "training school" include any
school or other training program operated by or for the benefit of
the Department of Public Safety for a purpose that may include
training a new trooper.
(b) This section applies only to:
(1) the unexpended and unencumbered appropriations
from the general revenue fund to the Department of Public Safety
made by Chapter 1411 (S.B. 1), Acts of the 83rd Legislature, Regular
Session, 2013 (the General Appropriations Act), for use during the
state fiscal biennium ending August 31, 2015; and
(2) any appropriated money transferred to the
Department of Public Safety pursuant to Chapter 317, Government
Code, during the state fiscal biennium ending August 31, 2015, for
use by the department during that biennium.
(c) Money to which this section applies may not be used to
pay:
(1) any cost or expense that may be directly or
indirectly related to the operation of a training school or recruit
school that provides a new trooper with less than 23 weeks of
training; or
(2) compensation to a trooper who completes the
23-week recruit school in an amount that exceeds the entry-level
trooper compensation.
SECTION 20. DEPARTMENT OF PUBLIC SAFETY: CERTAIN TRANSFER
AUTHORITY. Notwithstanding the transfer authority provided in
Section 14.01, page IX-52, Chapter 1411 (S.B. 1), Acts of the 83rd
Legislature, Regular Session, 2013 (the General Appropriations
Act), money appropriated to the Department of Public Safety by that
Act or any appropriated money transferred to the Department of
Public Safety pursuant to Chapter 317, Government Code, during the
state fiscal biennium ending August 31, 2015, for a purpose may not
be transferred to another appropriation item or purpose without the
prior written approval of the Legislative Budget Board.
SECTION 21. HEALTH AND HUMAN SERVICES COMMISSION: CERTAIN
TRANSFERS. The following amounts of general revenue funds
appropriated for the state fiscal biennium ending August 31, 2015,
are transferred to the Health and Human Services Commission for the
state fiscal year ending August 31, 2015, for Goal B, Medicaid, as
listed in Chapter 1411 (S.B. 1), Acts of the 83rd Legislature,
Regular Session, 2013 (the General Appropriations Act), for
Medicaid acute care services:
(1) $98,762,408 from the appropriations made to the
Department of Aging and Disability Services for Strategy A.2.4.,
Habilitation Services, as listed in Chapter 1411 (S.B. 1), Acts of
the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act);
(2) $43,527,524 from the appropriations made to the
Department of Aging and Disability Services for Goal A, Long-Term
Services and Supports, as listed in Chapter 1411 (S.B. 1), Acts of
the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act);
(3) $5,900,000 from the appropriations made to the
Department of State Health Services for Strategy B.1.4., Community
Primary Care Services, as listed in Chapter 1411 (S.B. 1), Acts of
the 83rd Legislature, Regular Session, 2013 (the General
Appropriations Act);
(4) $101,900,000 from the appropriations made to the
Health and Human Services Commission for Strategy A.1.2.,
Integrated Eligibility and Enrollment (IEE), as listed in Chapter
1411 (S.B. 1), Acts of the 83rd Legislature, Regular Session, 2013
(the General Appropriations Act);
(5) $2,700,000 from the appropriations made to the
Health and Human Services Commission for Strategy G.1.1., Office of
Inspector General, as listed in Chapter 1411 (S.B. 1), Acts of the
83rd Legislature, Regular Session, 2013 (the General
Appropriations Act); and
(6) $43,303 from the appropriations made to the Health
and Human Services Commission for Strategy D.1.1., TANF (Cash
Assistance) Grants, as listed in Chapter 1411 (S.B. 1), Acts of the
83rd Legislature, Regular Session, 2013 (the General
Appropriations Act).
SECTION 22. MIDLAND COLLEGE: AMERICAN AIRPOWER HERITAGE
MUSEUM. Unexpended and unencumbered amounts appropriated from the
general revenue fund to Midland College for Strategy AB.1.1.,
American Airpower Heritage Museum, as listed in Chapter 1411 (S.B.
1), Acts of the 83rd Legislature, Regular Session, 2013 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2015, shall be distributed to the
Permian Basin Petroleum Museum. Before disbursing any state money,
Midland College must enter into a grant agreement with the Permian
Basin Petroleum Museum that specifies the use of the money and
requires that the money be spent in accordance with state law and
the General Appropriations Act.
SECTION 23. EFFECTIVE DATE. This Act takes effect
immediately.