By: Bonnen H.B. No. 2
A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and giving
direction regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT
COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to
the comptroller of public accounts 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 use during the state fiscal
year beginning September 1, 2021, for the purpose of immediately
depositing that amount to the credit of the unemployment
compensation fund under Section 203.021, Labor Code, to pay back
outstanding advances received by this state under Section 1201,
Social Security Act (42 U.S.C. Section 1321), and to return the
unemployment compensation fund to the statutory floor computed
under Section 204.061, Labor Code, on October 1, 2021, as
reimbursement for payments made as a result of the coronavirus
disease pandemic.
SECTION 2. DEPARTMENT OF STATE HEALTH SERVICES: COVID-19
SERVICES. (a) The amount of $3,000,000,000 is appropriated to the
Department of State Health Services 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 following purposes related
to the coronavirus disease pandemic during the period beginning on
the effective date of this Act and ending December 31, 2021:
(1) providing funding for state and local hospital
surge staffing;
(2) purchasing therapeutic drugs; and
(3) providing funding for the operation of regional
infusion centers.
(b) It is the intent of the legislature that any
reimbursement received by the Department of State Health Services
from the Federal Emergency Management Agency related to
expenditures paid from money appropriated under Subsection (a) of
this section be deposited to the general revenue fund and not
expended until appropriated by the 88th Legislature.
Appropriations made under Subsection (a) of this section that
remain unobligated on January 1, 2022, lapse to the general revenue
fund.
SECTION 3. COMPTROLLER OF PUBLIC ACCOUNTS: BROADBAND
INFRASTRUCTURE. (a) The amount of $500,475,163 is appropriated to
the comptroller of public accounts from money received by this
state from the Coronavirus Capital Projects Fund (42 U.S.C. Section
804) 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
broadband infrastructure in accordance with Section 490I.0108,
Government Code, and other applicable state or federal law during
the two-year period beginning on the effective date of this Act.
(b) Out of money appropriated by Subsection (a) of this
section, $75,000,000 may be used only for the Texas broadband pole
replacement program.
SECTION 4. OFFICE OF THE GOVERNOR: VICTIMS OF CRIME. The
amount of $160,000,000 is appropriated to the Office of the
Governor 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 grants for victims of crime
during the two-year period beginning on the effective date of this
Act.
SECTION 5. PUBLIC SAFETY AGENCY SALARY COMPENSATION. (a)
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, the following
agencies are appropriated the following amounts for the purpose of
providing compensation for agency employees for the state fiscal
biennium beginning September 1, 2021:
(1) Department of Criminal Justice: $2,729,912,000;
and
(2) Department of Public Safety: $582,369,271.
(b) The agencies listed in Subsection (a) of this section
shall:
(1) in consultation with the comptroller of public
accounts and the Legislative Budget Board, determine the proper
allocation of benefits included in the appropriations made under
Subsection (a) of this section; and
(2) identify the strategies and objectives for which
the appropriations made under Subsection (a) of this section are
directed.
(c) It is the intent of the legislature that the agencies
receiving appropriations under Subsection (a) of this section
consider the appropriations as a change in the method of finance of
the compensation to be paid to agency employees and not as an
increase in total appropriations to the agencies.
SECTION 6. 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 7. DEPARTMENT OF AGRICULTURE: FOOD BANKS. The
amount of $100,000,000 is appropriated to the Department of
Agriculture 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 supplemental funding to food banks in
response to the coronavirus pandemic during the two-year period
beginning on the effective date of this Act.
SECTION 8. 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 9. TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE
OPERATIONS CENTER. 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.
SECTION 10. DEPARTMENT OF INFORMATION RESOURCES:
CYBERSECURITY PROJECTS. The amount of $200,000,000 is appropriated
to the Department of Information Resources for deposit into the
Technology Improvement and Modernization Fund No. 187 and for use
during the two-year period beginning on the effective date of this
Act for the purpose of cybersecurity projects 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.
SECTION 11. HIGHER EDUCATION COORDINATING BOARD:
UNIVERSITY CONSTRUCTION. Contingent on H.B. __ or similar
legislation by the 87th Legislature, 3rd Called Session, 2021,
relating to the issuance of tuition revenue bonds, becoming law,
the amount of $500,000,000 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 12. HEALTH AND HUMAN SERVICES COMMISSION: DALLAS
STATE HOSPITAL. The amount of $237,800,000 is appropriated to the
Health and Human Services Commission 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 completing
construction of a state hospital in Dallas during the two-year
period beginning on the effective date of this Act.
SECTION 13. TEXAS UNIVERSITY FUND. Contingent on
H.J.R. 13, or similar legislation by the 87th Legislature, 3rd
Called Session, 2021, relating to establishing the Texas University
Fund to provide funding for research activities conducted by public
institutions of higher education in this state being approved by
the voters, the amount of $2 billion is appropriated from the
economic stabilization fund to the Texas University Fund for use
consistent with H.J.R. 13 during the two-year period beginning on
the effective date of this Act.
SECTION 14. OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT
FUND. The amount of $52,277,114 is appropriated 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 the Office of the Attorney
General for deposit to the General Revenue Dedicated Sexual Assault
Fund Account No. 5010 for use during the two-year period beginning
on the effective date of this Act.
SECTION 15. OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS
COMPENSATION. The amount of $54,756,000 is appropriated 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 the Office
of the Attorney General for deposit to General Revenue Dedicated
Crime Victims Compensation Account No. 469 to be used during the
two-year period beginning on the effective date of this Act for
crime victims compensation.
SECTION 16. COURT FEE SHORTFALL. 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, the following entities are
appropriated the following amounts for the indicated purposes to be
used immediately during the two-year period beginning on the
effective date of this Act to address matters that have not been
addressed because of court fee collections shortfalls:
(1) Comptroller of Public Accounts - Judiciary
Section: $14,854,228 for court case backlog including for visiting
judges and support staff;
(2) Office of Court Administration: $10,338,158 for
court case backlog including authorization of eight additional full
time equivalent employees (FTEs) and information technology
support;
(3) Office of Court Administration - Texas Indigent
Defense Commission (TIDC): $63,698,784 for court case backlog for
public defenders and two additional full time equivalent employees
(FTEs);
(4) Office of Court Administration - Texas Indigent
Defense Commission (TIDC): $13,942,466 for court case backlog for
deposit to the General Revenue Dedicated Fair Defense Account
No. 5073;
(5) Office Of Capital And Forensic Writs: $200,000 for
court case backlog, COVID costs, and one additional full time
equivalent employee (FTE); and
(6) Texas Commission on Law Enforcement: $9,400,000
for deposit to General Revenue Dedicated Texas Commission on Law
Enforcement Account No. 116.
SECTION 17. DEPARTMENT OF STATE HEALTH SERVICES: MONOCLONAL
ANTIBODY TREATMENTS. The amount of $140 million is appropriated to
the Department of State Health Services 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 the purchase of monoclonal antibody treatments for the
coronavirus disease during the two-year period beginning on the
effective date of this Act.
SECTION 18. LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
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.
SECTION 19. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
appropriations made under Sections 4, 7, 8, 9, 10, 11, 12, 14, 15,
and 16 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 20. 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 21. EFFECTIVE DATE. This Act takes effect
immediately.