Texas 2021 - 87th 3rd C.S.

Texas House Bill HB2 Compare Versions

Only one version of the bill is available at this time.

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1	1	By: Bonnen H.B. No. 2
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to making supplemental appropriations and giving
7	7	direction regarding appropriations.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT
10	10	COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to
11	11	the comptroller of public accounts from money received by this
12	12	state from the Coronavirus State Fiscal Recovery Fund (42
13	13	U.S.C. Section 802) established under the American Rescue Plan Act
14	14	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
15	15	Coronavirus Relief Fund No. 325 for use during the state fiscal
16	16	year beginning September 1, 2021, for the purpose of immediately
17	17	depositing that amount to the credit of the unemployment
18	18	compensation fund under Section 203.021, Labor Code, to pay back
19	19	outstanding advances received by this state under Section 1201,
20	20	Social Security Act (42 U.S.C. Section 1321), and to return the
21	21	unemployment compensation fund to the statutory floor computed
22	22	under Section 204.061, Labor Code, on October 1, 2021, as
23	23	reimbursement for payments made as a result of the coronavirus
24	24	disease pandemic.
25	25	SECTION 2. DEPARTMENT OF STATE HEALTH SERVICES: COVID-19
26	26	SERVICES. (a) The amount of $3,000,000,000 is appropriated to the
27	27	Department of State Health Services from money received by this
28	28	state from the Coronavirus State Fiscal Recovery Fund (42
29	29	U.S.C. Section 802) established under the American Rescue Plan Act
30	30	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
31	31	Coronavirus Relief Fund No. 325 for the following purposes related
32	32	to the coronavirus disease pandemic during the period beginning on
33	33	the effective date of this Act and ending December 31, 2021:
34	34	(1) providing funding for state and local hospital
35	35	surge staffing;
36	36	(2) purchasing therapeutic drugs; and
37	37	(3) providing funding for the operation of regional
38	38	infusion centers.
39	39	(b) It is the intent of the legislature that any
40	40	reimbursement received by the Department of State Health Services
41	41	from the Federal Emergency Management Agency related to
42	42	expenditures paid from money appropriated under Subsection (a) of
43	43	this section be deposited to the general revenue fund and not
44	44	expended until appropriated by the 88th Legislature.
45	45	Appropriations made under Subsection (a) of this section that
46	46	remain unobligated on January 1, 2022, lapse to the general revenue
47	47	fund.
48	48	SECTION 3. COMPTROLLER OF PUBLIC ACCOUNTS: BROADBAND
49	49	INFRASTRUCTURE. (a) The amount of $500,475,163 is appropriated to
50	50	the comptroller of public accounts from money received by this
51	51	state from the Coronavirus Capital Projects Fund (42 U.S.C. Section
52	52	804) established under the American Rescue Plan Act of 2021
53	53	(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
54	54	Relief Fund No. 325 for the purpose of providing funding for
55	55	broadband infrastructure in accordance with Section 490I.0108,
56	56	Government Code, and other applicable state or federal law during
57	57	the two-year period beginning on the effective date of this Act.
58	58	(b) Out of money appropriated by Subsection (a) of this
59	59	section, $75,000,000 may be used only for the Texas broadband pole
60	60	replacement program.
61	61	SECTION 4. OFFICE OF THE GOVERNOR: VICTIMS OF CRIME. The
62	62	amount of $160,000,000 is appropriated to the Office of the
63	63	Governor from money received by this state from the Coronavirus
64	64	State Fiscal Recovery Fund (42 U.S.C. Section 802) established
65	65	under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
66	66	deposited to the credit of the Coronavirus Relief Fund No. 325 for
67	67	the purpose of providing funding for grants for victims of crime
68	68	during the two-year period beginning on the effective date of this
69	69	Act.
70	70	SECTION 5. PUBLIC SAFETY AGENCY SALARY COMPENSATION. (a)
71	71	From money received by this state from the Coronavirus State Fiscal
72	72	Recovery Fund (42 U.S.C. Section 802) established under the
73	73	American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
74	74	to the credit of the Coronavirus Relief Fund No. 325, the following
75	75	agencies are appropriated the following amounts for the purpose of
76	76	providing compensation for agency employees for the state fiscal
77	77	biennium beginning September 1, 2021:
78	78	(1) Department of Criminal Justice: $2,729,912,000;
79	79	and
80	80	(2) Department of Public Safety: $582,369,271.
81	81	(b) The agencies listed in Subsection (a) of this section
82	82	shall:
83	83	(1) in consultation with the comptroller of public
84	84	accounts and the Legislative Budget Board, determine the proper
85	85	allocation of benefits included in the appropriations made under
86	86	Subsection (a) of this section; and
87	87	(2) identify the strategies and objectives for which
88	88	the appropriations made under Subsection (a) of this section are
89	89	directed.
90	90	(c) It is the intent of the legislature that the agencies
91	91	receiving appropriations under Subsection (a) of this section
92	92	consider the appropriations as a change in the method of finance of
93	93	the compensation to be paid to agency employees and not as an
94	94	increase in total appropriations to the agencies.
95	95	SECTION 6. TEACHER RETIREMENT SYSTEM: TRS-CARE AND
96	96	TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to
97	97	the Teacher Retirement System from money received by this state
98	98	from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section
99	99	802) established under the American Rescue Plan Act of 2021
100	100	(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
101	101	Relief Fund No. 325 for the purpose of providing funding for
102	102	coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred
103	103	before September 1, 2021, during the two-year period beginning on
104	104	the effective date of this Act.
105	105	(b) It is the intent of the legislature that premiums for
106	106	TRS-Care and TRS-ActiveCare insurance policies not increase as a
107	107	result of coronavirus-related claims incurred before September 1,
108	108	2021.
109	109	SECTION 7. DEPARTMENT OF AGRICULTURE: FOOD BANKS. The
110	110	amount of $100,000,000 is appropriated to the Department of
111	111	Agriculture from money received by this state from the Coronavirus
112	112	State Fiscal Recovery Fund (42 U.S.C. Section 802) established
113	113	under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
114	114	deposited to the credit of the Coronavirus Relief Fund No. 325 for
115	115	the purpose of providing supplemental funding to food banks in
116	116	response to the coronavirus pandemic during the two-year period
117	117	beginning on the effective date of this Act.
118	118	SECTION 8. HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD
119	119	MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is
120	120	appropriated to the Higher Education Coordinating Board from money
121	121	received by this state from the Coronavirus State Fiscal Recovery
122	122	Fund (42 U.S.C. Section 802) established under the American Rescue
123	123	Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
124	124	the Coronavirus Relief Fund No. 325 for the purpose of supporting
125	125	the operations and expansion of the Texas Child Mental Health Care
126	126	Consortium to expand mental health initiatives for children during
127	127	the two-year period beginning on the effective date of this Act. At
128	128	the direction of the Texas Child Mental Health Care Consortium, the
129	129	Higher Education Coordinating Board shall transfer appropriations
130	130	through interagency contracts with health-related institutions of
131	131	higher education for the following purposes:
132	132	(1) $20,578,442 for enhancements and expansion of the
133	133	Child Psychiatry Access Network;
134	134	(2) $56,218,976 for enhancements and expansion of the
135	135	Texas Child Access Through Telemedicine program;
136	136	(3) $32,991,791 for expansion of the child and
137	137	adolescent mental health workforce; and
138	138	(4) $3,293,676 for administrative expenses.
139	139	(b) Not later than December 1, 2021, out of money
140	140	appropriated by Subsection (a) of this section, the Higher
141	141	Education Coordinating Board shall transfer $3,293,676 to an
142	142	institution of higher education designated by the Texas Child
143	143	Mental Health Care Consortium for oversight and evaluation of the
144	144	outlined initiatives by means of interagency agreements or any
145	145	other necessary contracts.
146	146	(c) The Texas Child Mental Health Care Consortium may
147	147	transfer up to 10 percent of money appropriated for the purposes
148	148	described by Subsection (a)(1), (2), or (3) of this section to any
149	149	of the other purposes described by those provisions. The Texas
150	150	Child Mental Health Care Consortium may transfer more than 10
151	151	percent of funds for those purposes only with the prior approval for
152	152	the transfer and expenditure from the Legislative Budget Board. A
153	153	request for approval of the transfer and expenditure by the
154	154	consortium is considered approved unless the Legislative Budget
155	155	Board issues a written disapproval within 10 business days of the
156	156	receipt and review of the request by the Legislative Budget Board.
157	157	SECTION 9. TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE
158	158	OPERATIONS CENTER. The amount of $300,000,000 is appropriated to
159	159	the Texas Division of Emergency Management from money received by
160	160	this state from the Coronavirus State Fiscal Recovery Fund (42
161	161	U.S.C. Section 802) established under the American Rescue Plan Act
162	162	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
163	163	Coronavirus Relief Fund No. 325 for the purpose of the acquisition
164	164	of land for, and construction of, a state operations center during
165	165	the two-year period beginning on the effective date of this Act.
166	166	SECTION 10. DEPARTMENT OF INFORMATION RESOURCES:
167	167	CYBERSECURITY PROJECTS. The amount of $200,000,000 is appropriated
168	168	to the Department of Information Resources for deposit into the
169	169	Technology Improvement and Modernization Fund No. 187 and for use
170	170	during the two-year period beginning on the effective date of this
171	171	Act for the purpose of cybersecurity projects from money received
172	172	by this state from the Coronavirus State Fiscal Recovery Fund (42
173	173	U.S.C. Section 802) established under the American Rescue Plan Act
174	174	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
175	175	Coronavirus Relief Fund No. 325.
176	176	SECTION 11. HIGHER EDUCATION COORDINATING BOARD:
177	177	UNIVERSITY CONSTRUCTION. Contingent on H.B. __ or similar
178	178	legislation by the 87th Legislature, 3rd Called Session, 2021,
179	179	relating to the issuance of tuition revenue bonds, becoming law,
180	180	the amount of $500,000,000 is appropriated to the Higher Education
181	181	Coordinating Board from money received by this state from the
182	182	Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
183	183	established under the American Rescue Plan Act of 2021
184	184	(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
185	185	Relief Fund No. 325 for the purpose of university construction
186	186	during the two-year period beginning on the effective date of this
187	187	Act.
188	188	SECTION 12. HEALTH AND HUMAN SERVICES COMMISSION: DALLAS
189	189	STATE HOSPITAL. The amount of $237,800,000 is appropriated to the
190	190	Health and Human Services Commission from money received by this
191	191	state from the Coronavirus State Fiscal Recovery Fund (42
192	192	U.S.C. Section 802) established under the American Rescue Plan Act
193	193	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
194	194	Coronavirus Relief Fund No. 325 for the purpose of completing
195	195	construction of a state hospital in Dallas during the two-year
196	196	period beginning on the effective date of this Act.
197	197	SECTION 13. TEXAS UNIVERSITY FUND. Contingent on
198	198	H.J.R. 13, or similar legislation by the 87th Legislature, 3rd
199	199	Called Session, 2021, relating to establishing the Texas University
200	200	Fund to provide funding for research activities conducted by public
201	201	institutions of higher education in this state being approved by
202	202	the voters, the amount of $2 billion is appropriated from the
203	203	economic stabilization fund to the Texas University Fund for use
204	204	consistent with H.J.R. 13 during the two-year period beginning on
205	205	the effective date of this Act.
206	206	SECTION 14. OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT
207	207	FUND. The amount of $52,277,114 is appropriated from the money
208	208	received by this state from the Coronavirus State Fiscal Recovery
209	209	Fund (42 U.S.C. Section 802) established under the American Rescue
210	210	Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
211	211	the Coronavirus Relief Fund No. 325 to the Office of the Attorney
212	212	General for deposit to the General Revenue Dedicated Sexual Assault
213	213	Fund Account No. 5010 for use during the two-year period beginning
214	214	on the effective date of this Act.
215	215	SECTION 15. OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS
216	216	COMPENSATION. The amount of $54,756,000 is appropriated from the
217	217	money received by this state from the Coronavirus State Fiscal
218	218	Recovery Fund (42 U.S.C. Section 802) established under the
219	219	American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
220	220	to the credit of the Coronavirus Relief Fund No. 325 to the Office
221	221	of the Attorney General for deposit to General Revenue Dedicated
222	222	Crime Victims Compensation Account No. 469 to be used during the
223	223	two-year period beginning on the effective date of this Act for
224	224	crime victims compensation.
225	225	SECTION 16. COURT FEE SHORTFALL. From the money received by
226	226	this state from the Coronavirus State Fiscal Recovery Fund (42
227	227	U.S.C. Section 802) established under the American Rescue Plan Act
228	228	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
229	229	Coronavirus Relief Fund No. 325, the following entities are
230	230	appropriated the following amounts for the indicated purposes to be
231	231	used immediately during the two-year period beginning on the
232	232	effective date of this Act to address matters that have not been
233	233	addressed because of court fee collections shortfalls:
234	234	(1) Comptroller of Public Accounts - Judiciary
235	235	Section: $14,854,228 for court case backlog including for visiting
236	236	judges and support staff;
237	237	(2) Office of Court Administration: $10,338,158 for
238	238	court case backlog including authorization of eight additional full
239	239	time equivalent employees (FTEs) and information technology
240	240	support;
241	241	(3) Office of Court Administration - Texas Indigent
242	242	Defense Commission (TIDC): $63,698,784 for court case backlog for
243	243	public defenders and two additional full time equivalent employees
244	244	(FTEs);
245	245	(4) Office of Court Administration - Texas Indigent
246	246	Defense Commission (TIDC): $13,942,466 for court case backlog for
247	247	deposit to the General Revenue Dedicated Fair Defense Account
248	248	No. 5073;
249	249	(5) Office Of Capital And Forensic Writs: $200,000 for
250	250	court case backlog, COVID costs, and one additional full time
251	251	equivalent employee (FTE); and
252	252	(6) Texas Commission on Law Enforcement: $9,400,000
253	253	for deposit to General Revenue Dedicated Texas Commission on Law
254	254	Enforcement Account No. 116.
255	255	SECTION 17. DEPARTMENT OF STATE HEALTH SERVICES: MONOCLONAL
256	256	ANTIBODY TREATMENTS. The amount of $140 million is appropriated to
257	257	the Department of State Health Services from money received by this
258	258	state from the Coronavirus State Fiscal Recovery Fund (42
259	259	U.S.C. Section 802) established under the American Rescue Plan Act
260	260	of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
261	261	Coronavirus Relief Fund No. 325 for the purpose of providing
262	262	funding for the purchase of monoclonal antibody treatments for the
263	263	coronavirus disease during the two-year period beginning on the
264	264	effective date of this Act.
265	265	SECTION 18. LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
266	266	It is the intent of the legislature that the appropriations made by
267	267	this Act are one-time appropriations made for the purpose of
268	268	addressing the needs of this state for the two-year period
269	269	beginning on the effective date of this Act.
270	270	SECTION 19. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
271	271	appropriations made under Sections 4, 7, 8, 9, 10, 11, 12, 14, 15,
272	272	and 16 of this Act using money received by this state from the
273	273	Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
274	274	established under the American Rescue Plan Act of 2021
275	275	(Pub. L. No. 117-2) are made in accordance with 42 U.S.C. Section
276	276	802(c)(1)(C), which allows money from the Coronavirus State Fiscal
277	277	Recovery Fund to be used to provide government services to the
278	278	extent of a reduction in the revenue of a state government caused by
279	279	the COVID-19 public health emergency relative to revenues collected
280	280	in the most recent full fiscal year of the state government that
281	281	ended before that emergency.
282	282	SECTION 20. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
283	283	LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
284	284	(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
285	285	General Appropriations Act), and the transfer provisions of Section
286	286	65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
287	287	Session, 2021 (the Supplemental Appropriations Act), apply to the
288	288	appropriations made by this Act to allow appropriate transfer of
289	289	appropriations made by this Act as if the appropriations made by the
290	290	General Appropriations Act, the Supplemental Appropriations Act,
291	291	and this Act were all a part of the same Act, to the extent permitted
292	292	by federal law.
293	293	SECTION 21. EFFECTIVE DATE. This Act takes effect
294	294	immediately.