1 | 1 | | By: Wilson H.B. No. 160 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to making supplemental appropriations for education |
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7 | 7 | | initiatives, institutions, and related agencies and giving |
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8 | 8 | | direction regarding appropriations. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. TEACHER RETIREMENT SYSTEM: TRS-CARE AND |
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11 | 11 | | TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to |
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12 | 12 | | the Teacher Retirement System from money received by this state |
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13 | 13 | | from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section |
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14 | 14 | | 802) established under the American Rescue Plan Act of 2021 (Pub. L. |
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15 | 15 | | No. 117-2) and deposited to the credit of the Coronavirus Relief |
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16 | 16 | | Fund No. 325 for the purpose of providing funding for |
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17 | 17 | | coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred |
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18 | 18 | | before September 1, 2021, during the two-year period beginning on |
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19 | 19 | | the effective date of this Act. |
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20 | 20 | | (b) It is the intent of the legislature that premiums for |
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21 | 21 | | TRS-Care and TRS-ActiveCare insurance policies not increase as a |
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22 | 22 | | result of coronavirus-related claims incurred before September 1, |
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23 | 23 | | 2021. |
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24 | 24 | | SECTION 2. HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD |
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25 | 25 | | MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is |
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26 | 26 | | appropriated to the Higher Education Coordinating Board from money |
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27 | 27 | | received by this state from the Coronavirus State Fiscal Recovery |
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28 | 28 | | Fund (42 U.S.C. Section 802) established under the American Rescue |
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29 | 29 | | Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of |
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30 | 30 | | the Coronavirus Relief Fund No. 325 for the purpose of supporting |
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31 | 31 | | the operations and expansion of the Texas Child Mental Health Care |
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32 | 32 | | Consortium to expand mental health initiatives for children during |
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33 | 33 | | the two-year period beginning on the effective date of this Act. At |
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34 | 34 | | the direction of the Texas Child Mental Health Care Consortium, the |
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35 | 35 | | Higher Education Coordinating Board shall transfer appropriations |
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36 | 36 | | through interagency contracts with health-related institutions of |
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37 | 37 | | higher education for the following purposes: |
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38 | 38 | | (1) $20,578,442 for enhancements and expansion of the |
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39 | 39 | | Child Psychiatry Access Network; |
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40 | 40 | | (2) $56,218,976 for enhancements and expansion of the |
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41 | 41 | | Texas Child Access Through Telemedicine program; |
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42 | 42 | | (3) $32,991,791 for expansion of the child and |
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43 | 43 | | adolescent mental health workforce; and |
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44 | 44 | | (4) $3,293,676 for administrative expenses. |
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45 | 45 | | (b) Not later than December 1, 2021, out of money |
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46 | 46 | | appropriated by Subsection (a) of this section, the Higher |
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47 | 47 | | Education Coordinating Board shall transfer $3,293,676 to an |
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48 | 48 | | institution of higher education designated by the Texas Child |
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49 | 49 | | Mental Health Care Consortium for oversight and evaluation of the |
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50 | 50 | | outlined initiatives by means of interagency agreements or any |
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51 | 51 | | other necessary contracts. |
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52 | 52 | | (c) The Texas Child Mental Health Care Consortium may |
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53 | 53 | | transfer up to 10 percent of money appropriated for the purposes |
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54 | 54 | | described by Subsection (a)(1), (2), or (3) of this section to any |
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55 | 55 | | of the other purposes described by those provisions. The Texas |
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56 | 56 | | Child Mental Health Care Consortium may transfer more than 10 |
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57 | 57 | | percent of funds for those purposes only with the prior approval for |
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58 | 58 | | the transfer and expenditure from the Legislative Budget Board. A |
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59 | 59 | | request for approval of the transfer and expenditure by the |
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60 | 60 | | consortium is considered approved unless the Legislative Budget |
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61 | 61 | | Board issues a written disapproval within 10 business days of the |
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62 | 62 | | receipt and review of the request by the Legislative Budget Board. |
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63 | 63 | | SECTION 3. TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE |
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64 | 64 | | OPERATIONS CENTER. (a) The amount of $300,000,000 is appropriated |
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65 | 65 | | to the Texas Division of Emergency Management from money received |
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66 | 66 | | by this state from the Coronavirus State Fiscal Recovery Fund (42 |
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67 | 67 | | U.S.C. Section 802) established under the American Rescue Plan Act |
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68 | 68 | | of 2021 (Pub. L. No. 117-2) and deposited to the credit of the |
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69 | 69 | | Coronavirus Relief Fund No. 325 for the purpose of the acquisition |
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70 | 70 | | of land for, and construction of, a state operations center during |
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71 | 71 | | the two-year period beginning on the effective date of this Act. |
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72 | 72 | | (b) The capital budget authority of the Texas Division of |
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73 | 73 | | Emergency Management is increased by $300,000,000 for the |
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74 | 74 | | appropriation made under Subsection (a) of this section. |
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75 | 75 | | SECTION 4. HIGHER EDUCATION COORDINATING BOARD: UNIVERSITY |
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76 | 76 | | CONSTRUCTION. Contingent on legislation by the 87th Legislature, |
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77 | 77 | | 3rd Called Session, 2021, relating to the issuance of tuition |
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78 | 78 | | revenue bonds, becoming law, the amount of $325,000,000 is |
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79 | 79 | | appropriated to the Higher Education Coordinating Board from money |
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80 | 80 | | received by this state from the Coronavirus State Fiscal Recovery |
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81 | 81 | | Fund (42 U.S.C. Section 802) established under the American Rescue |
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82 | 82 | | Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of |
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83 | 83 | | the Coronavirus Relief Fund No. 325 for the purpose of university |
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84 | 84 | | construction during the two-year period beginning on the effective |
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85 | 85 | | date of this Act. |
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86 | 86 | | SECTION 5. NATIONAL RESEARCH UNIVERSITY FUND. The amount |
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87 | 87 | | of $1,000,000,000 is appropriated to the National Research |
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88 | 88 | | University Fund from the money received by this state from the |
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89 | 89 | | Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802) |
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90 | 90 | | established under the American Rescue Plan Act of 2021 (Pub. L. |
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91 | 91 | | No. 117-2) and deposited to the credit of the Coronavirus Relief |
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92 | 92 | | Fund No. 325 to be used to increase the corpus of the fund. It is the |
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93 | 93 | | intent of the Legislature that the methodology used to determine |
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94 | 94 | | the total distribution from the fund be reset to reflect this |
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95 | 95 | | additional appropriation. |
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96 | 96 | | SECTION 6. LEGISLATIVE INTENT REGARDING APPROPRIATIONS. |
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97 | 97 | | (a) It is the intent of the legislature that the appropriations made |
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98 | 98 | | by this Act are one-time appropriations made for the purpose of |
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99 | 99 | | addressing the needs of this state for the two-year period |
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100 | 100 | | beginning on the effective date of this Act. |
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101 | 101 | | (b) It is the intent of the legislature that the |
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102 | 102 | | appropriations made by this Act be used only for purposes |
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103 | 103 | | authorized by state and federal law, including guidance issued by |
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104 | 104 | | the United States Department of the Treasury as part of the interim |
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105 | 105 | | final rules published in 86 Fed. Reg. 26786 (May 17, 2021). |
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106 | 106 | | (c) It is the intent of the legislature that the |
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107 | 107 | | appropriations made by this Act be used before all other methods of |
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108 | 108 | | finance if more than one method of finance has been appropriated by |
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109 | 109 | | this and a prior act of the legislature for use during a state |
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110 | 110 | | fiscal year. |
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111 | 111 | | (d) It is the intent of the legislature that if the purpose |
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112 | 112 | | of an appropriation, for any reason, is determined by the United |
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113 | 113 | | States Department of the Treasury or any other qualified state or |
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114 | 114 | | federal authority to have been made for an improper use, the |
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115 | 115 | | appropriated money not be spent and instead be retained in the |
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116 | 116 | | treasury and available for later legislative appropriation. |
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117 | 117 | | SECTION 7. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The |
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118 | 118 | | appropriations made under Sections 2, 3, 4, and 5 of this Act using |
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119 | 119 | | money received by this state from the Coronavirus State Fiscal |
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120 | 120 | | Recovery Fund (42 U.S.C. Section 802) established under the |
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121 | 121 | | American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are made in |
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122 | 122 | | accordance with 42 U.S.C. Section 802(c)(1)(C), which allows money |
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123 | 123 | | from the Coronavirus State Fiscal Recovery Fund to be used to |
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124 | 124 | | provide government services to the extent of a reduction in the |
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125 | 125 | | revenue of a state government caused by the COVID-19 public health |
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126 | 126 | | emergency relative to revenues collected in the most recent full |
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127 | 127 | | fiscal year of the state government that ended before that |
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128 | 128 | | emergency. |
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129 | 129 | | SECTION 8. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER |
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130 | 130 | | LAW. The transfer provisions of Part 14, Article IX, Chapter 1053 |
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131 | 131 | | (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the |
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132 | 132 | | General Appropriations Act), and the transfer provisions of Section |
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133 | 133 | | 65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular |
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134 | 134 | | Session, 2021 (the Supplemental Appropriations Act), apply to the |
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135 | 135 | | appropriations made by this Act to allow appropriate transfer of |
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136 | 136 | | appropriations made by this Act as if the appropriations made by the |
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137 | 137 | | General Appropriations Act, the Supplemental Appropriations Act, |
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138 | 138 | | and this Act were all a part of the same Act, to the extent permitted |
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139 | 139 | | by federal law. |
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140 | 140 | | SECTION 9. EFFECTIVE DATE. This Act takes effect |
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141 | 141 | | immediately. |
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