By: Wilson H.B. No. 160
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations for education
initiatives, institutions, and related agencies and giving
direction regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. TEACHER RETIREMENT SYSTEM: TRS-CARE AND
TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to
the Teacher Retirement System from money received by this state
from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section
802) established under the American Rescue Plan Act of 2021 (Pub. L.
No. 117-2) and deposited to the credit of the Coronavirus Relief
Fund No. 325 for the purpose of providing funding for
coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred
before September 1, 2021, during the two-year period beginning on
the effective date of this Act.
(b) It is the intent of the legislature that premiums for
TRS-Care and TRS-ActiveCare insurance policies not increase as a
result of coronavirus-related claims incurred before September 1,
2021.
SECTION 2. HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD
MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is
appropriated to the Higher Education Coordinating Board from money
received by this state from the Coronavirus State Fiscal Recovery
Fund (42 U.S.C. Section 802) established under the American Rescue
Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
the Coronavirus Relief Fund No. 325 for the purpose of supporting
the operations and expansion of the Texas Child Mental Health Care
Consortium to expand mental health initiatives for children during
the two-year period beginning on the effective date of this Act. At
the direction of the Texas Child Mental Health Care Consortium, the
Higher Education Coordinating Board shall transfer appropriations
through interagency contracts with health-related institutions of
higher education for the following purposes:
(1) $20,578,442 for enhancements and expansion of the
Child Psychiatry Access Network;
(2) $56,218,976 for enhancements and expansion of the
Texas Child Access Through Telemedicine program;
(3) $32,991,791 for expansion of the child and
adolescent mental health workforce; and
(4) $3,293,676 for administrative expenses.
(b) Not later than December 1, 2021, out of money
appropriated by Subsection (a) of this section, the Higher
Education Coordinating Board shall transfer $3,293,676 to an
institution of higher education designated by the Texas Child
Mental Health Care Consortium for oversight and evaluation of the
outlined initiatives by means of interagency agreements or any
other necessary contracts.
(c) The Texas Child Mental Health Care Consortium may
transfer up to 10 percent of money appropriated for the purposes
described by Subsection (a)(1), (2), or (3) of this section to any
of the other purposes described by those provisions. The Texas
Child Mental Health Care Consortium may transfer more than 10
percent of funds for those purposes only with the prior approval for
the transfer and expenditure from the Legislative Budget Board. A
request for approval of the transfer and expenditure by the
consortium is considered approved unless the Legislative Budget
Board issues a written disapproval within 10 business days of the
receipt and review of the request by the Legislative Budget Board.
SECTION 3. TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE
OPERATIONS CENTER. (a) The amount of $300,000,000 is appropriated
to the Texas Division of Emergency Management from money received
by this state from the Coronavirus State Fiscal Recovery Fund (42
U.S.C. Section 802) established under the American Rescue Plan Act
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
Coronavirus Relief Fund No. 325 for the purpose of the acquisition
of land for, and construction of, a state operations center during
the two-year period beginning on the effective date of this Act.
(b) The capital budget authority of the Texas Division of
Emergency Management is increased by $300,000,000 for the
appropriation made under Subsection (a) of this section.
SECTION 4. HIGHER EDUCATION COORDINATING BOARD: UNIVERSITY
CONSTRUCTION. Contingent on legislation by the 87th Legislature,
3rd Called Session, 2021, relating to the issuance of tuition
revenue bonds, becoming law, the amount of $325,000,000 is
appropriated to the Higher Education Coordinating Board from money
received by this state from the Coronavirus State Fiscal Recovery
Fund (42 U.S.C. Section 802) established under the American Rescue
Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
the Coronavirus Relief Fund No. 325 for the purpose of university
construction during the two-year period beginning on the effective
date of this Act.
SECTION 5. NATIONAL RESEARCH UNIVERSITY FUND. The amount
of $1,000,000,000 is appropriated to the National Research
University Fund from the money received by this state from the
Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
established under the American Rescue Plan Act of 2021 (Pub. L.
No. 117-2) and deposited to the credit of the Coronavirus Relief
Fund No. 325 to be used to increase the corpus of the fund. It is the
intent of the Legislature that the methodology used to determine
the total distribution from the fund be reset to reflect this
additional appropriation.
SECTION 6. LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
(a) It is the intent of the legislature that the appropriations made
by this Act are one-time appropriations made for the purpose of
addressing the needs of this state for the two-year period
beginning on the effective date of this Act.
(b) It is the intent of the legislature that the
appropriations made by this Act be used only for purposes
authorized by state and federal law, including guidance issued by
the United States Department of the Treasury as part of the interim
final rules published in 86 Fed. Reg. 26786 (May 17, 2021).
(c) It is the intent of the legislature that the
appropriations made by this Act be used before all other methods of
finance if more than one method of finance has been appropriated by
this and a prior act of the legislature for use during a state
fiscal year.
(d) It is the intent of the legislature that if the purpose
of an appropriation, for any reason, is determined by the United
States Department of the Treasury or any other qualified state or
federal authority to have been made for an improper use, the
appropriated money not be spent and instead be retained in the
treasury and available for later legislative appropriation.
SECTION 7. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
appropriations made under Sections 2, 3, 4, and 5 of this Act using
money received by this state from the Coronavirus State Fiscal
Recovery Fund (42 U.S.C. Section 802) established under the
American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are made in
accordance with 42 U.S.C. Section 802(c)(1)(C), which allows money
from the Coronavirus State Fiscal Recovery Fund to be used to
provide government services to the extent of a reduction in the
revenue of a state government caused by the COVID-19 public health
emergency relative to revenues collected in the most recent full
fiscal year of the state government that ended before that
emergency.
SECTION 8. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), and the transfer provisions of Section
65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
Session, 2021 (the Supplemental Appropriations Act), apply to the
appropriations made by this Act to allow appropriate transfer of
appropriations made by this Act as if the appropriations made by the
General Appropriations Act, the Supplemental Appropriations Act,
and this Act were all a part of the same Act, to the extent permitted
by federal law.
SECTION 9. EFFECTIVE DATE. This Act takes effect
immediately.