TX
Texas House Bill HB2021

Texas 2021 - 87th Regular

Texas House Bill HB2021 Compare Versions

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1-87R19577 KJE-F
2- By: Bonnen, González of El Paso, Capriglione, H.B. No. 2021
3- Wilson, Walle, et al.
4- Substitute the following for H.B. No. 2021:
5- By: Walle C.S.H.B. No. 2021
1+By: Bonnen H.B. No. 2021
62
73
84 A BILL TO BE ENTITLED
95 AN ACT
10- relating to the acceptance, rejection, and uses of certain money
11- provided by the federal government to this state.
6+ relating to state budget execution authority for certain federal
7+ funds.
128 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
139 SECTION 1. Chapter 317, Government Code, is amended by
14- adding Subchapter C to read as follows:
15- SUBCHAPTER C. DISPOSITION OF CERTAIN FEDERAL MONEY
16- Sec. 317.101. PURPOSE. The purpose of this subchapter is to
17- exercise the legislature's constitutional authority under Section
18- 69, Article XVI, Texas Constitution, to safeguard the power of the
19- purse and protect public money by providing a mechanism for the
20- appropriate allocation and transfer of certain federal money.
21- Sec. 317.102. DEFINITION. In this subchapter, "board"
22- means the board on administration of federal funds established by
23- this subchapter.
24- Sec. 317.103. APPLICABILITY. (a) Except as provided by
25- Subsection (b), this subchapter applies only to:
26- (1) federal contract or grant money made available to
27- the state as a result of the public health emergency declared by the
28- United States secretary of health and human services under Section
29- 319, Public Health Service Act (42 U.S.C. Section 247d), on January
30- 31, 2020, including money made available under:
31- (A) Section 5001, Coronavirus Aid, Relief, and
32- Economic Security Act (CARES Act) (42 U.S.C. Section 801);
33- (B) Section 313, Coronavirus Response and Relief
34- Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260,
35- 134 Stat. 1182 (2020), reprinted in note, 20 U.S.C. Section 3401);
36- (C) Section 2001, American Rescue Plan Act of
37- 2021 (Pub. L. No. 117-2, 135 Stat. 4 (2021), reprinted in note, 20
38- U.S.C. Section 3401); or
39- (D) 42 U.S.C. Sections 602 and 604;
40- (2) any additional federal funding appropriated to the
41- state for federal fiscal years 2022 and 2023 that is designated as
42- being an emergency requirement pursuant to Section 251(b)(2)(A),
43- Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C.
44- Section 901(b)(2)(A)); and
45- (3) federal money made available under federal
46- legislation enacted after the 87th Legislature, Regular Session,
47- 2021, adjourns that addresses investments in infrastructure,
48- capital projects, and economic and workforce development.
49- (b) This subchapter does not apply to:
50- (1) current and future allocations made to the state
51- under Section 302(b), Congressional Budget and Impoundment Control
52- Act of 1974 (2 U.S.C. Section 633(b)); or
53- (2) a federal grant of $10 million or less in total
54- allocation from a single grant source in a single award.
55- Sec. 317.104. BOARD ON ADMINISTRATION OF FEDERAL FUNDS.
56- (a) The board on administration of federal funds consists of:
10+ adding Subchapter A-1 to read as follows:
11+ SUBCHAPTER A-1. CERTAIN FEDERAL FUNDS
12+ Sec. 317.031. DEFINITIONS. In this subchapter:
13+ (1) "Board" means the board on administration of
14+ federal funds.
15+ (2) "Federal funds" includes contract or grant funds
16+ made available to the state under federal law or regulation.
17+ Sec. 317.032. BOARD ON ADMINISTRATION OF FEDERAL FUNDS;
18+ QUORUM; MEETINGS. (a) The board on administration of federal funds
19+ consists of:
5720 (1) the lieutenant governor;
5821 (2) the speaker of the house of representatives;
59- (3) the chair and vice chair of the standing committee
60- of the senate with jurisdiction over appropriations;
61- (4) the chair and vice chair of the standing committee
62- of the house of representatives with jurisdiction over
63- appropriations;
64- (5) two members of the senate, appointed by the
65- lieutenant governor; and
66- (6) two members of the house of representatives,
67- appointed by the speaker of the house of representatives.
68- (b) The lieutenant governor and the speaker of the house of
69- representatives are joint chairs of the board.
70- (c) A majority of the board members described by Subsections
71- (a)(2), (4), and (6), plus a majority of the board members described
72- by Subsections (a)(3) and (5), constitutes a quorum to transact
73- business. Except as provided by this subchapter, if a quorum is
74- present, the board may act by a majority vote on any matter that is
75- within the board's jurisdiction.
76- (d) A board member appointed under Subsection (a)(5) serves
77- at the pleasure of the lieutenant governor. A board member
78- appointed under Subsection (a)(6) serves at the pleasure of the
79- speaker of the house of representatives.
80- Sec. 317.105. VACANCY. A vacancy on the board is filled in
81- the same manner as the original appointment.
82- Sec. 317.106. BOARD MEETINGS. (a) The board shall meet as
83- often as necessary to perform the board's duties.
84- (b) A meeting may be held at any time at the request of
22+ (3) the chairman and vice-chairman of the senate
23+ finance committee; and
24+ (4) the chairman and vice-chairman of the house
25+ appropriations committee.
26+ (b) The lieutenant governor and the speaker are joint chairs
27+ of the committee.
28+ (c) A majority of the members of the board from each house
29+ constitutes a quorum to transact business. If a quorum is present,
30+ the board may act on any matter that is within its jurisdiction by a
31+ majority vote.
32+ (d) The board shall meet as often as necessary to perform
33+ its duties. Meetings may be held at any time at the request of
8534 either of the joint chairs of the board.
86- (c) For any meeting held in person, the board must meet in
87- Austin, except that if a majority of the board members described by
88- Sections 317.104(a)(2), (4), and (6), plus a majority of the board
89- members described by Sections 317.104(a)(3) and (5), agree, the
90- board may meet in any location determined by the board. The board
91- may hold any meeting by videoconference.
92- (d) The board shall provide notice of each meeting:
93- (1) in the manner provided by the rules of both the
94- house of representatives and the senate for providing notice of a
95- legislative committee hearing; and
96- (2) by mail to each member of the legislature not later
97- than the seventh day before the date of the meeting.
98- (e) The notice provided under Subsection (d) must include:
99- (1) the date and time of the meeting;
100- (2) the location of the meeting or, if the meeting is
101- to be held by videoconference, the means by which the meeting may be
102- accessed;
103- (3) a description of any proposal under Section
104- 317.107 that will be considered at the meeting; and
105- (4) if applicable, an indication that the board
106- intends to hold a public hearing on a proposal at the meeting.
107- Sec. 317.107. PROPOSALS RELATED TO CERTAIN FEDERAL MONEY.
108- (a) Subject to Subsection (b), the board may propose to:
109- (1) accept or reject, allocate to one or more state
110- agencies, and establish uses for money provided by the federal
111- government and appropriated by the legislature; or
112- (2) reject money provided by the federal government
113- that has been appropriated to a state agency contingent on the
114- receipt of the money from the federal government, or accept that
115- money and:
116- (A) transfer the authority to spend, obligate the
117- expenditure of, or distribute the money to a different state
118- agency; or
119- (B) instruct the state agency to use the money
120- for a purpose different from or in addition to the purpose for which
121- the appropriation to the state agency was made.
122- (b) The board may not make a proposal under this section:
123- (1) during a regular or special session of the
124- legislature; or
125- (2) with respect to an appropriation made for a period
126- during a state fiscal year that ended before the date the proposal
127- is made.
128- (c) To the extent of a conflict between the provisions of
129- this subchapter relating to a proposal to accept or reject federal
130- money under Subsection (a) and any other state law, including
131- Sections 401.041, 403.012, and 403.0121, the provisions of this
132- subchapter prevail.
133- Sec. 317.108. CONTENTS OF PROPOSAL. A proposal made under
134- Section 317.107 must provide sufficient detail to allow for a
135- public hearing on the proposal.
136- Sec. 317.109. REQUIRED PUBLICATION AND HEARING. (a) The
137- board shall direct the secretary of state to publish in the Texas
138- Register:
139- (1) each proposal the board makes, including any
140- accompanying statements; and
141- (2) the methods and opportunities for submitting
142- public comment on the proposal.
143- (b) The board shall hold a public hearing on each proposal
144- after the proposal is published in the Texas Register.
145- Sec. 317.110. ADOPTION, AMENDMENT, OR REJECTION OF
146- PROPOSAL. (a) Not later than the 10th day after the date the board
147- holds a public hearing on a proposal, the board may:
148- (1) adopt the proposal;
149- (2) amend the proposal;
150- (3) amend and adopt the proposal; or
151- (4) reject the proposal.
152- (b) An amendment to a proposal may change:
35+ (e) The board shall meet in Austin, except that if a
36+ majority of the members of the board from each house agree, the
37+ board may meet in any location determined by the board.
38+ Sec. 317.033. TYPES OF PROPOSALS RELATED TO CERTAIN FEDERAL
39+ FUNDS. (a) The board may propose:
40+ (1) the acceptance or rejection of federal funds made
41+ available to state after the effective date of the general
42+ appropriations bill the availability of which could not have been
43+ reasonably anticipated or included in the act before its final
44+ passage by the legislature;
45+ (2) that the authority to spend, obligate the
46+ expenditure of, or distribute part or all of an appropriation of
47+ federal funds made to a state agency:
48+ (A) be transferred to another state agency to be
49+ used for a specified purpose; or
50+ (B) be retained by the agency to which the
51+ appropriation was made but used for a purpose different from or
52+ additional to the purpose for which the appropriation was made; or
53+ (3) allocation of accepted federal funds to a state
54+ agency for a stated purpose that cannot otherwise be allocated to a
55+ state agency and expended for an existing purpose, including a
56+ grant or loan program or a funding formula.
57+ (b) An acceptance or rejection of federal funds described by
58+ Subdivision (a)(1) on behalf of the state is not effective unless a
59+ proposal is ratified as provided under this subchapter. To the
60+ extent of a conflict between this subsection and any other state
61+ law, including Section 401.041, this subsection controls.
62+ Sec. 317.034. TIME AND SCOPE OF PROPOSAL. (a) The board
63+ may make a proposal at any time except during a regular or special
64+ session of the legislature. A proposal may apply to an
65+ appropriation that has been made for any specified fiscal year that
66+ has not ended at the time the proposal is made.
67+ Sec. 317.035. PUBLICATION OF PROPOSAL. A proposal under
68+ Section 317.033 must specify the details of the proposal,
69+ including, for a proposal made under Section 317.033(a)(1), a
70+ statement explaining why the availability of federal funds could
71+ not have been reasonably anticipated before final passage of the
72+ general appropriations act. The board shall direct the secretary
73+ of state to publish each proposal, including any accompanying
74+ statements, in the Texas Register.
75+ Sec. 317.036. ACTION ON PROPOSAL. (a) After a proposal
76+ under this subchapter is published in the Texas Register, the board
77+ shall conduct a public hearing on the proposal. The board shall
78+ give notice of a hearing under this section in the manner provided
79+ by law for notice of regular meetings of the board. The board also
80+ shall provide notice by mail of its meetings to each member of the
81+ Legislature. The notice of the meeting must include a description
82+ of the nature of the proposal or order to be considered. If the
83+ agenda includes a public hearing on a proposal, the notice must so
84+ state.
85+ (b) After a hearing and at a meeting held not less than 10
86+ days after the date notice of the meeting was given in the manner
87+ provided for regular board meetings, the board, subject to the
88+ restrictions provided by Subsection (d), may:
89+ (1) ratify the proposal by adopting an order changing
90+ the relevant appropriation in the manner specified in the proposal;
91+ (2) amend and then ratify the proposal as under
92+ Subdivision (1); or
93+ (3) reject the proposal.
94+ (c) An amendment to a proposal may change:
15395 (1) the proposed amount of money accepted, rejected,
154- allocated, transferred, or used for a specific purpose;
155- (2) the proposed purpose for which money may be used;
156- (3) the proposed period for which money may be
157- expended, obligated, or distributed;
158- (4) the source or recipient of a proposed transfer or
159- allocation; or
96+ allocated, spent, obligated, distributed, or transferred;
97+ (2) the proposed purpose for which the appropriation
98+ may be used;
99+ (3) the proposed period for which an appropriation may
100+ be expended, obligated, or distributed;
101+ (4) the source or recipient of a proposed transfer; or
160102 (5) a proposed time of distribution or availability of
161- the money that is the subject of the proposal.
162- (c) The board may not adopt a proposal:
163- (1) expressly postponing the time set by law that an
164- appropriation is distributed or otherwise made available to a state
165- agency for a period that exceeds 180 days;
103+ the appropriation that is the subject of the proposal.
104+ (d) The board may not adopt an order under this section:
105+ (1) expressly postponing the time, whether set by
106+ appropriations act or general law, that an appropriation is
107+ distributed or otherwise made available to a state agency, for a
108+ period that exceeds 180 days;
166109 (2) reducing or eliminating an appropriation for the
167110 salary of an elected state official or a member of a board or
168111 commission appointed by the governor; or
169112 (3) reducing or eliminating an appropriation to a
170- state agency that receives appropriations under a provision of a
171- General Appropriations Act that makes an appropriation to the
113+ state agency that receives appropriations under the article of the
114+ General Appropriations Act that makes appropriations to the
172115 legislative branch.
173- (d) The board may adopt a proposal under this section only
174- if the proposal receives an affirmative vote of the majority of the
175- board members described by Sections 317.104(a)(2), (4), and (6),
176- plus a majority of the board members described by Sections
177- 317.104(a)(3) and (5).
178- Sec. 317.111. APPROVAL OF PROPOSAL BY GOVERNOR. (a) Upon
179- adoption of a proposal under Section 317.110, the board shall
180- submit the proposal to the governor.
181- (b) Not later than the 10th day after the date the board
182- submits an adopted proposal to the governor, the governor shall
183- approve or reject the proposal.
184- (c) If the governor does not approve or reject an adopted
185- proposal during the period described by Subsection (b), the
186- proposal is considered approved.
187- (d) A proposal adopted by the board takes effect only if
188- approved by the governor under this section. A proposal approved by
189- the governor takes effect on the date of approval, unless the
190- proposal specifies a later effective date.
191- (e) If the governor approves a proposal adopted by the
192- board, the board shall:
193- (1) notify the comptroller and the affected state
194- agencies of the proposal; and
195- (2) file a copy of the approved proposal with the
196- secretary of state for publication in the Texas Register.
197- Sec. 317.112. EXPIRATION OF APPROVED PROPOSAL. A proposal
198- approved by the governor under Section 317.111 expires on the
199- earlier of:
200- (1) the date the next regular or special session of the
201- legislature begins; or
202- (2) the last day of the state fiscal year to which the
203- proposal applies, except that a proposal may specify an earlier or
204- later expiration date so long as the expiration date is not later
205- than the last day of the state fiscal biennium that includes each
206- state fiscal year to which the proposal applies.
207- Sec. 317.113. ENFORCEMENT OF APPROVED PROPOSAL. During the
208- period in which a proposal approved under this subchapter is in
209- effect, the comptroller may approve vouchers and issue warrants
210- regarding any affected appropriations only in accordance with the
211- terms of the proposal.
212- Sec. 317.114. SUPERSESSION OF APPROVED PROPOSAL. An
213- unexpired proposal approved under Section 317.111 may be superseded
214- by subsequent action of the board, law, or adoption of a
215- constitutional amendment.
216- SECTION 2. As soon as practicable after the effective date
217- of this Act, the lieutenant governor and the speaker of the house of
218- representatives shall make the appointments to the board on
219- administration of federal funds as required by Section 317.104(a),
220- Government Code, as added by this Act.
221- SECTION 3. This Act takes effect immediately if it receives
116+ (e) The affirmative vote of a majority of the members of the
117+ board from each house is necessary for the adoption of an order by
118+ the board under this section.
119+ (f) If the board adopts an order under this section, the
120+ board shall notify the comptroller and the affected state agencies.
121+ The board shall file a copy of the order with the secretary of state
122+ for publication in the Texas Register.
123+ Sec. 317.037. EXPIRATION OF PROPOSAL. A proposal made
124+ under this subchapter expires if a regular or special session of the
125+ legislature begins before the board has ratified the proposal.
126+ Sec. 317.038. EFFECTIVE AND EXPIRATION DATES OF ORDER. (a)
127+ An order adopted by the board under this chapter takes effect on the
128+ date of adoption, unless the order specifies a later date.
129+ (b) An order adopted under this subchapter expires at the
130+ end of the fiscal year to which by its terms it applies, except that
131+ an order may specify an earlier expiration date or a later date that
132+ does not extend beyond the end of the biennium containing each
133+ fiscal year to which the order applies.
134+ Sec. 317.039. ENFORCEMENT OF ORDER. During the period for
135+ which an order adopted under this chapter is effective, in regard to
136+ affected appropriations the comptroller may approve vouchers and
137+ may issue warrants only in accordance with the terms of the order.
138+ Sec. 317.040. SUPERSESSION OF ORDER. An unexpired order
139+ adopted under this subchapter may be superseded by subsequent
140+ action of the board taken as provided by this subchapter, by
141+ enactment of a law to the contrary by the legislature, or by
142+ adoption of a constitutional amendment having contradictory
143+ effect.
144+ SECTION 2. This Act takes effect immediately if it receives
222145 a vote of two-thirds of all the members elected to each house, as
223146 provided by Section 39, Article III, Texas Constitution. If this
224147 Act does not receive the vote necessary for immediate effect, this
225148 Act takes effect September 1, 2021.