By: Zerwas (Senate Sponsor - Nelson) H.B. No. 2
(In the Senate - Received from the House April 10, 2017;
April 19, 2017, read first time and referred to Committee on
Finance; May 19, 2017, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 15, Nays 0;
May 19, 2017, sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR H.B. No. 2 By: Nelson
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 REDUCTIONS: PUBLIC FINANCE
AUTHORITY. (a) The unencumbered appropriations from the general
revenue fund to the Public Finance Authority made by Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2017, for bond debt service payments,
including appropriations subject to Rider 2, page I-47, Chapter
1281 (H.B. 1), Acts of the 84th Legislature, Regular Session, 2015
(the General Appropriations Act), to the bill pattern of the
appropriations to the authority, are reduced by a total aggregate
of $51,566,581.
(b) In addition to the reductions made by Subsection (a) of
this section, the unencumbered appropriations from the general
revenue fund to the Public Finance Authority made by Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2017, are reduced by $217,487.
(c) The Public Finance Authority shall identify the
strategies and objectives to which the reductions made by
Subsections (a) and (b) of this section are to be allocated and the
amount of the reduction for each of those strategies and
objectives.
SECTION 2. APPROPRIATION REDUCTIONS: FACILITIES
COMMISSION. (a) The unencumbered appropriations from the general
revenue fund to the Facilities Commission made by Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2017, for lease payments are reduced by
$13,780,014.
(b) In addition to the reductions made by Subsection (a) of
this section, the unencumbered appropriations from the general
revenue fund to the Facilities Commission made by Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2017, are reduced by $220,000.
(c) The Facilities Commission shall identify the strategies
and objectives to which the reductions made by Subsections (a) and
(b) of this section are to be allocated and the amount of the
reduction for each of those strategies and objectives.
SECTION 3. APPROPRIATION REDUCTION: DEPARTMENT OF
TRANSPORTATION. The unencumbered appropriations from the general
revenue fund made by Chapter 1281 (H.B. 1), Acts of the 84th
Legislature, Regular Session, 2015 (the General Appropriations
Act), to the Department of Transportation for Strategy G.1.1.,
General Obligation Bonds, as listed in that Act, for general
obligation bond debt service payments for the state fiscal biennium
ending August 31, 2017, are reduced by $14,191,000.
SECTION 4. APPROPRIATION REDUCTION: COMMISSION ON
ENVIRONMENTAL QUALITY. The unencumbered appropriations from the
Texas Emissions Reduction Plan Account No. 5071 made by Chapter
1281 (H.B. 1), Acts of the 84th Legislature, Regular Session, 2015
(the General Appropriations Act), to the Commission on
Environmental Quality for use during the state fiscal biennium
ending August 31, 2017, are reduced by $31,000,000. The commission
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 5. APPROPRIATION REDUCTION: PUBLIC UTILITY
COMMISSION OF TEXAS. The unencumbered appropriations from the
System Benefit Account No. 5100 made by Chapter 1281 (H.B. 1), Acts
of the 84th Legislature, Regular Session, 2015 (the General
Appropriations Act), to the Public Utility Commission of Texas for
use during the state fiscal biennium ending August 31, 2017, are
reduced by $1,209,355. The commission 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 6. APPROPRIATION REDUCTION: TEXAS EDUCATION
AGENCY. The unencumbered appropriations from the general revenue
fund made by Chapter 1281 (H.B. 1), Acts of the 84th Legislature,
Regular Session, 2015 (the General Appropriations Act), to the
Texas Education Agency for use during the state fiscal biennium
ending August 31, 2017, are reduced by $492,589. The agency 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 7. HEALTH AND HUMAN SERVICES COMMISSION: MEDICAID
SHORTFALL. (a) In addition to amounts previously appropriated for
the state fiscal biennium ending August 31, 2017, $793,586,397 is
appropriated from the general revenue fund, and $1,599,849,506 is
appropriated from federal funds, to the Health and Human Services
Commission for the state fiscal year ending August 31, 2017, for
Medicaid services under Goal B, Medicaid, as listed in Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act).
(b) The expenditure or emergency transfer of money
appropriated under Subsection (a) of this section is subject to the
prior written approval of the Legislative Budget Board in
accordance with Section 69, Article XVI, Texas Constitution. A
request by the Health and Human Services Commission to expend or
transfer an amount of that money is considered approved unless the
Legislative Budget Board issues a written disapproval not later
than the 10th business day after the date on which the staff of the
Legislative Budget Board concludes its review of the request and
forwards its review to the chair of the House Appropriations
Committee, the chair of the Senate Finance Committee, the speaker
of the house of representatives, and the lieutenant governor.
SECTION 8. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
ADDITIONAL APPROPRIATIONS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2017,
the following amounts are appropriated from the general revenue
fund to the Department of Family and Protective Services for the
state fiscal year ending August 31, 2017, for the following
purposes as listed in Chapter 1281 (H.B. 1), Acts of the 84th
Legislature, Regular Session, 2015 (the General Appropriations
Act):
(1) $16,279,099 for Strategy B.1.3., TWC Contracted
Day Care;
(2) $39,665,526 for Strategy B.1.9., Foster Care
Payments; and
(3) $694,681 for Strategy B.1.10., Adoption/PCA
Payments.
SECTION 9. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
CERTAIN TRANSFERS. The Department of Family and Protective
Services shall transfer $4,355,118 from Strategy G.1.1.,
Agency-Wide Automated Systems, to Strategy B.1.9., Foster Care
Payments, as listed in Chapter 1281 (H.B. 1), Acts of the 84th
Legislature, Regular Session, 2015 (the General Appropriations
Act).
SECTION 10. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
ADDITIONAL APPROPRIATIONS FOR AGENCY CRITICAL NEEDS. In addition
to amounts previously appropriated for the state fiscal biennium
ending August 31, 2017, the Department of Family and Protective
Services is appropriated for the state fiscal year ending August
31, 2017, the following amounts from the general revenue fund for
the following strategies as listed in Chapter 1281 (H.B. 1), Acts of
the 84th Legislature, Regular Session, 2015 (the General
Appropriations Act), to address critical needs of the agency with
respect to those strategies:
(1) $75,521,204 for Strategy B.1.1., CPS Direct
Delivery Staff;
(2) $613,174 for Strategy B.1.2., CPS Program Support;
(3) $21,000,000 for Strategy B.1.9., Foster Care
Payments;
(4) $138,854 for Strategy D.1.1., APS Direct Delivery
Staff;
(5) $6,703 for Strategy D.1.2., APS Program Support;
(6) $376,259 for Strategy F.1.1., Central
Administration;
(7) $33,546 for Strategy F.1.2., Other Support
Services;
(8) $3,067,626 for Strategy F.1.4., IT Program
Support; and
(9) $940,108 for Strategy G.1.1., Agency-Wide
Automated Systems.
SECTION 11. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
CERTAIN TRANSFERS. (a) Notwithstanding any transfer limitation
specified in Chapter 1281 (H.B. 1), Acts of the 84th Legislature,
Regular Session, 2015 (the General Appropriations Act), the
Department of Family and Protective Services shall transfer to the
Health and Human Services Commission the following amounts:
(1) $29,247,213 of general revenue funds; and
(2) $72,450,261 of Temporary Assistance for Needy
Families (TANF) program federal funds.
(b) The Health and Human Services Commission may spend
Temporary Assistance for Needy Families (TANF) program federal
funds transferred under Subsection (a)(2) of this section during
the state fiscal year ending August 31, 2017, only with the prior
written approval of the Legislative Budget Board in accordance with
Section 69, Article XVI, Texas Constitution.
SECTION 12. TEXAS A&M FOREST SERVICE: APPROPRIATION FOR
GENERAL COSTS CAUSED BY VARIOUS EMERGENCY WEATHER-RELATED
RESPONSES. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2017, $7,450,427 is
appropriated from the general revenue fund to the Texas A&M Forest
Service for the state fiscal year ending August 31, 2017, for the
purpose of paying for, or reimbursing payments made for, costs
incurred by the forest service associated with responding to
various weather-related emergencies.
SECTION 13. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
MANAGED HEALTH CARE SHORTFALL. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2017,
$80,000,000 is appropriated from the general revenue fund to the
Department of Criminal Justice for the state fiscal year ending
August 31, 2017, for correctional managed health care under
Strategy C.1.9., Hospital and Clinical Care, as listed in Chapter
1281 (H.B. 1), Acts of the 84th Legislature, Regular Session, 2015
(the General Appropriations Act).
SECTION 14. JUVENILE JUSTICE DEPARTMENT: OPERATIONAL
SHORTFALL. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2017, $4,469,257 is
appropriated from the general revenue fund to the Juvenile Justice
Department for the state fiscal year ending August 31, 2017, for an
operational shortfall.
SECTION 15. ANIMAL HEALTH COMMISSION: CATTLE FEVER TICKS.
In addition to amounts previously appropriated for the state fiscal
biennium ending August 31, 2017, $649,987 is appropriated from the
general revenue fund to the Animal Health Commission for the state
fiscal year ending August 31, 2017, for preparedness for, response
to, and mitigation of cattle fever ticks under Strategy A.1.1.,
Field Operations, as listed in Chapter 1281 (H.B. 1), Acts of the
84th Legislature, Regular Session, 2015 (the General
Appropriations Act).
SECTION 16. TEXAS ALCOHOLIC BEVERAGE COMMISSION. (a) The
Texas Alcoholic Beverage Commission may not spend money
appropriated to the agency by Chapter 1281 (H.B. 1), Acts of the
84th Legislature, Regular Session, 2015 (the General
Appropriations Act), for use during the state fiscal biennium
ending August 31, 2017:
(1) for travel outside the state, other than for bona
fide and documented law enforcement or investigative activities; or
(2) to attend or participate in an event, training,
conference, class, or similar activity outside the state.
(b) The Texas Alcoholic Beverage Commission and employees
of the commission may not accept payments from or spending
authority on behalf of any trade, professional, or industry
organization for any purpose or in any form, including a travel
subsidy, payment of travel or other expenses for conference
presenters, prepaid meals, or lodging.
SECTION 17. DEPARTMENT OF STATE HEALTH SERVICES: STATE
HOSPITALS. In addition to amounts previously appropriated for the
state fiscal biennium ending August 31, 2017, $15,100,000 is
appropriated from the general revenue fund to the Department of
State Health Services for the state fiscal year ending August 31,
2017, for staffing costs, maintenance, and repair at state
hospitals.
SECTION 18. HEALTH AND HUMAN SERVICES COMMISSION: EARLY
CHILDHOOD INTERVENTION PROGRAM. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2017,
$4,500,000 is appropriated from the general revenue fund to the
Health and Human Services Commission for the state fiscal year
ending August 31, 2017, to provide funding for early childhood
intervention program providers.
SECTION 19. HEALTH AND HUMAN SERVICES COMMISSION:
COMPREHENSIVE REHABILITATION SERVICES. In addition to amounts
previously appropriated for the state fiscal biennium ending August
31, 2017, $2,400,000 is appropriated from the general revenue fund
to the Health and Human Services Commission for the state fiscal
year ending August 31, 2017, to provide comprehensive
rehabilitation services.
SECTION 20. DEPARTMENT OF AGING AND DISABILITY SERVICES:
STATE SUPPORTED LIVING CENTERS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2017,
$11,300,000 is appropriated from the general revenue fund to the
Department of Aging and Disability Services for the state fiscal
year ending August 31, 2017, to provide additional funding for
state supported living centers.
SECTION 21. DEPARTMENT OF AGING AND DISABILITY SERVICES:
MEXIA STATE SUPPORTED LIVING CENTER TORNADO REPAIR. In addition to
amounts previously appropriated for the state fiscal biennium
ending August 31, 2017, $2,400,000 is appropriated from the general
revenue fund to the Department of Aging and Disability Services for
the state fiscal year ending August 31, 2017, to repair tornado
damage at the Mexia State Supported Living Center.
SECTION 22. KILGORE COLLEGE: HIGHER EDUCATION GROUP
INSURANCE CONTRIBUTIONS. In addition to amounts previously
appropriated for the state fiscal biennium ending August 31, 2017,
$1,073,998 is appropriated from the general revenue fund to Kilgore
College for the state fiscal year ending August 31, 2017, to provide
for state contributions for health benefits.
SECTION 23. DEPARTMENT OF TRANSPORTATION: ADJUSTMENT TO
CAPITAL BUDGET ITEM EXPENDITURES. Notwithstanding Item d, Rider 2,
page VII-19, Chapter 1281 (H.B. 1), Acts of the 84th Legislature,
Regular Session, 2015 (the General Appropriations Act), to the bill
pattern appropriations to the Department of Transportation, the
department's maximum capital expenditure for fiscal year 2017 for
transportation items is increased by $3,500,000, for a total amount
of $8,500,000 for that fiscal year. Notwithstanding Item e of that
rider, the department's maximum capital expenditure for fiscal year
2017 for acquisition of capital equipment and items is
correspondingly decreased by $3,500,000, for a total amount of
$44,400,000 for that fiscal year.
SECTION 24. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
IMPACT PROJECT. Chapter 1281 (H.B. 1), Acts of the 84th
Legislature, Regular Session, 2015 (the General Appropriations
Act), is amended by adding the following rider at the end of the
riders to the appropriations made to the Department of Family and
Protective Services in that Act (page II-46):
43. IMPACT Project. (a) The Department of Family and
Protective Services shall report to the Legislative Budget Board
any anticipated cost overruns and project delays for the IMPACT
project that, before June 1, 2017, have not been identified and
reported.
(b) Notwithstanding any other provision of this Act, all
cost overruns must be paid from amounts appropriated above out of
Appropriated Receipts. The Department of Family and Protective
Services may not expend on IMPACT project cost overruns any other
appropriations made from another method of financing without prior
written approval from the Legislative Budget Board. The department
shall request the approval and shall provide any additional
information the Legislative Budget Board requests related to the
request for approval in a timely manner and in a format specified by
the Legislative Budget Board. The request for approval is
considered approved unless the Legislative Budget Board issues a
written disapproval not later than the 30th business day after the
date on which the staff of the Legislative Budget Board concludes
its review of the request and forwards its review to the chair of
the House Appropriations Committee, the chair of the Senate Finance
Committee, the speaker of the house of representatives, and the
lieutenant governor.
SECTION 25. DEPARTMENT OF PUBLIC SAFETY: DRIVER LICENSE
IMPROVEMENT PLAN. In making expenditures of amounts appropriated to
the Department of Public Safety for Strategy E.2.1., Driver License
Services, and for Strategy E.2.2., Driving and Motor Vehicle
Safety, as listed in Chapter 1281 (H.B. 1), Acts of the 84th
Legislature, Regular Session, 2015 (the General Appropriations
Act), for use during the state fiscal biennium ending August 31,
2017, the department shall endeavor to use those amounts in a manner
that ensures completion of all outstanding driver license
improvement plan projects, including the installation of driver
license kiosks, not later than August 31, 2017.
SECTION 26. GOVERNOR'S HIRING FREEZE. (a) This section
applies only to a state agency, institution of higher education, or
other state entity in the executive branch of state government that
is under the direction of the governor. This section does not apply
to an agency that is under the direction of a statewide elected
official other than the governor.
(b) Notwithstanding the appropriations made by Chapter 1281
(H.B. 1), Acts of the 84th Legislature, Regular Session, 2015 (the
General Appropriations Act), for use during the state fiscal
biennium ending August 31, 2017, each agency, institution, or other
entity to which this section applies is directed to adhere to the
memorandum issued to heads of state agencies by Steven Albright,
Budget Director for Governor Greg Abbott, on January 31, 2017,
regarding the governor's directive that the agencies,
institutions, and entities impose an immediate hiring freeze and
maintain that hiring freeze through the end of the state fiscal year
ending August 31, 2017. At the end of the state fiscal biennium
ending on that date, all amounts appropriated to those agencies,
institutions, and entities that are unexpended, because of the
hiring freeze, lapse, and the comptroller of public accounts shall
credit those amounts to the funds and accounts from which the
appropriations were made.
SECTION 27. EFFECTIVE DATE. This Act takes effect
immediately.
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