By: Nelson S.R. No. 94
SENATE RESOLUTION
BE IT RESOLVED, BY THE Senate of the State of Texas, That
Senate Rule 12.03 and 12.04, be suspended in part as provided by
Senate Rule 12.08 to enable consideration of, and action on, the
following specific matters which may be contained in the
Conference Committee Report on Senate Bill 8.
A. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 4. DEPARTMENT OF STATE HEALTH SERVICES:
COVID-19 SERVICES. (a) The amount of $2,000,000,000 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
during the period beginning on the effective date of this Act and
ending January 1, 2023, for the following purposes related to
costs incurred during the period beginning March 3, 2021, and
ending January 1, 2023, due to the coronavirus disease pandemic:
(1) providing funding for surge staffing at state
and local hospitals, long-term care facilities, psychiatric
hospitals, and nursing facilities;
(2) purchasing therapeutic drugs, including drugs
for monoclonal antibody treatments; and
(3) providing funding for the operation of regional
infusion centers.
(b) Notwithstanding Section 13.05, page IX-64, Chapter
1053 (S.B. 1), Acts of the 87th Legislature, Regular Session,
2021 (the General Appropriations Act), the Department of State
Health Services shall expend any Coronavirus State Fiscal
Recovery Funds freed-up as a result of reimbursements 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 only
after prior approval of the Legislative Budget Board.
B. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 6. DEPARTMENT OF CRIMINAL JUSTICE:
COMPENSATION. (a) The amount of $359,673,191 is appropriated to
the Department of Criminal Justice 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
compensation for agency employees for the state fiscal year
beginning September 1, 2021.
(b) The Department of Criminal Justice 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
Department of Criminal Justice 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 agency.
C. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
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, pregnant women,
and women who are up to one year postpartum 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.
(d) Out of money appropriated by Subsection (a) of this
section, the Texas Child Mental Health Care Consortium may
enhance the Child Psychiatry Access Network to improve perinatal
mental health services.
D. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 10. HIGHER EDUCATION COORDINATING BOARD:
UNIVERSITY CONSTRUCTION. (a) 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.
(b) If an appropriation made under Subsection (a) of this
section 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:
(1) the appropriated money may not be spent and
shall be retained in the treasury and available for later
legislative appropriation; and
(2) an amount equal to the amount of the
appropriation that was determined to have been made for an
improper use is appropriated from the general revenue fund to the
Higher Education Coordinating Board for the purpose and period
described by Subsection (a) of this section.
E. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 16. DEPARTMENT OF STATE HEALTH SERVICES: RIO
GRANDE VALLEY. The amount of $16,700,000 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 purpose of upgrading
existing laboratory facilities associated with a level 1 trauma
facility in Hidalgo County and new laboratory infrastructure in
Starr County during the two-year period beginning on the
effective date of this Act.
F. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 25. DEPARTMENT OF INFORMATION RESOURCES:
CYBERSECURITY PROJECTS. (a) 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. Before spending money appropriated under this
subsection, the department must receive approval for the
proposed cybersecurity projects from the Joint Oversight
Committee on Investment in Information Technology Improvement
and Modernization Projects established under Section 2054.578,
Government Code.
(b) The capital budget authority of the Department of
Information Resources in Chapter 1053 (S.B. 1), Acts of the 87th
Legislature, Regular Session, 2021 (the General Appropriations
Act), is increased by $200,000,000 for the appropriation made
under Subsection (a) of this section.
G. Suspend Senate Rule 12.04 (4) to allow the Conference
Committee to exceed the amount of an item of appropriation
contained in one version of the bill to read as follows:
SECTION 31. DEPARTMENT OF TRANSPORTATION: PRESIDIO
CUSTOMS INSPECTION STATION. The amount of $15,500,000 is
appropriated to the Department of Transportation 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 a customs inspection station on the South
Orient Rail Line in Presidio, Texas, during the two-year period
beginning on the effective date of this Act.
H. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 32. 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 during the two-year period beginning on the effective
date of this Act for coronavirus-related claims in TRS-Care and
TRS-ActiveCare.
(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.
(c) Notwithstanding Subsection (b) of this section, it is
the intent of the legislature that the premiums for TRS-Care and
TRS-ActiveCare programs be calculated and adjusted taking into
consideration the money appropriated under this section.
I. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 33. HEALTH AND HUMAN SERVICES COMMISSION:
STAFFING NEEDS. (a) The amount of $378,300,000 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 providing
funding during the two-year period beginning on the effective
date of this Act for the Health and Human Services Commission to
administer one-time grants related to providing critical
staffing needs resulting from frontline health care workers
affected by COVID-19, including recruitment and retention
bonuses for staff:
(1) of nursing facilities, assisted living
facilities, home health agencies, and facilities that serve
persons with intellectual or developmental disabilities in an
intermediate care facility for individuals with intellectual
disabilities or related conditions (ICF/IID); or
(2) who provide community attendant services.
(b) It is the intent of the legislature that the Health
and Human Services Commission prioritize grants to grantees that
comply with the reporting requirements prescribed by Rider 143
(Health and Human Services Commission), Chapter 1053 (S.B. 1),
Acts of the 87th Legislature, Regular Session, 2021 (the General
Appropriations Act), the reporting requirements established by
Chapter 588 (S.B. 809), Acts of the 87th Legislature, Regular
Session, 2021, or equivalent reporting requirements established
by the Health and Human Services Commission.
(c) Annually, the Health and Human Services Commission
shall report to the Legislative Budget Board the grants awarded
under this section. The report must include, for the year
covered by the report, the amount of grants awarded, the award
recipients, and the total amount of each grant used by the
recipient. The report must be submitted to the Legislative
Budget Board not later than December 1 of the year in which the
report is due.
(d) Of the amount appropriated under Subsection (a) of
this section:
(1) $200,000,000 shall be used only for grants for
nursing facilities; and
(2) $178,300,000 shall be used only for grants for
assisted living facilities, home health agencies, community
attendants, and facilities that serve persons with intellectual
or developmental disabilities in an intermediate care facility
for individuals with intellectual disabilities or related
conditions (ICF/IID).
(e) It is the intent of the legislature that the Health
and Human Services Commission consider federal COVID-19 relief
money received by providers when allocating the money described
by Subsection (d)(2) of this section.
J. Suspend Senate Rule 12.04 (4) to allow the Conference
Committee to exceed the amount of an item of appropriation
contained in one version of the bill to read as follows:
SECTION 34. DEPARTMENT OF STATE HEALTH SERVICES:
FEDERALLY QUALIFIED HEALTH CENTER INCUBATOR PROGRAM. The amount
of $20,000,000 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 use during the two-year period beginning on the
effective date of this Act for the Federally Qualified Health
Center Incubator Program.
K. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 35. DEPARTMENT OF STATE HEALTH SERVICES:
EMERGENCY MEDICAL SERVICES. (a) The amount of $21,700,000 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 purpose of providing funding for emergency medical
response service staffing, including:
(1) funding for programs to incentivize and
increase the number of Emergency Medical Technicians (EMTs) and
paramedics that provide care on an ambulance, including funding
for emergency medical services workforce development initiatives
at regional advisory councils; and
(2) funding for Emergency Medical Services (EMS)
education programs, including distance learning programs, to
increase the number of EMTs and paramedics graduating from EMS
education programs.
(b) It is the intent of the legislature that, consistent
with state law, the Department of State Health Services
prioritize funding appropriated under Subsection (a) of this
section for rural and underserved areas.
L. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 36. PARKS AND WILDLIFE DEPARTMENT: EDUCATION AND
OUTREACH GRANTS. The amount of $40,000,000 is appropriated to
the Parks and Wildlife Department 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 to be used during the two-year
period beginning on the effective date of this Act for the
purpose of providing funding for grants throughout this state as
authorized by other law and consistent with Strategy C.2.1.,
Outreach and Education, as listed in Chapter 1053 (S.B. 1), Acts
of the 87th Legislature, Regular Session, 2021 (the General
Appropriations Act).
M. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 39. TEXAS A&M UNIVERSITY: INSTITUTE FOR A
DISASTER RESILIENT TEXAS. (a) The amount of $1,150,000 is
appropriated to Texas A&M University - Galveston 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 to the Institute for a Disaster Resilient
Texas.
(b) Out of amounts appropriated by Subsection (a) of this
section:
(1) $1,000,000 may be used only for Digital Flood
Risk Infrastructure for Underserved Communities; and
(2) $150,000 may be used only for office space in
Houston.
N. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 40. TEXAS TECH UNIVERSITY AND UNIVERSITY OF
HOUSTON: INSTITUTIONAL ENHANCEMENTS. The amount of $100,000,000
is appropriated 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 institutional enhancement during the two-year
period beginning on the effective date of this Act to the
following entities and in the following amounts:
(1) $50,000,000 to Texas Tech University; and
(2) $50,000,000 to the University of Houston.
O. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 41. COMPTROLLER OF PUBLIC ACCOUNTS: TEXAS SAFE
KEEPING TRUST FUND. (a) The amount of $100,000,000 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 immediate
deposit to an account or fund to be managed by the Texas Treasury
Safekeeping Trust Company as trustee for the benefit of the State
Preservation Board to maintain the Bob Bullock State History
Museum.
(b) If an appropriation made under Subsection (a) of this
section 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:
(1) the appropriated money may not be spent and
shall be retained in the treasury and available for later
legislative appropriation; and
(2) an amount equal to the amount of the
appropriation that was determined to have been made for an
improper use is appropriated from the general revenue fund to the
comptroller of public accounts for the purpose described by
Subsection (a) of this section.
P. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 42. PARKS AND WILDLIFE DEPARTMENT: TEXAS STATE
AQUARIUM CENTER. The amount of $3,000,000 is appropriated to the
Parks and Wildlife Department 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 to the Texas State Aquarium Center for wildlife research
during the two-year period beginning on the effective date of
this Act.
Q. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 43. UNIVERSITY OF TEXAS AT AUSTIN: MARINE
SCIENCE INSTITUTE HOUSING REPLACEMENT. The amount of $3,000,000
is appropriated to the University of Texas at Austin 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 Marine Science Institute student
housing replacement for the two-year period beginning on the
effective date of this Act.
R. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 44. TEXAS EDUCATION AGENCY: PROGRAM
ENHANCEMENTS. The amount of $3,000,000 is appropriated to the
Texas Education Agency 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 big
brothers and big sisters program technological staff
enhancements for the two-year period beginning on the effective
date of this Act.
S. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 45. UNIVERSITY OF TEXAS AT AUSTIN: BRISCOE
GARNER MUSEUM. The amount of $235,000 is appropriated to the
University of Texas at Austin 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 to the University of Texas at
Austin for the Briscoe Garner Museum for the two-year period
beginning on the effective date of this Act.
T. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 46. HIGHER EDUCATION COORDINATING BOARD: RURAL
VETERINARIANS GRANT PROGRAM. The amount of $1,000,000 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 providing funding for the rural veterinarians
grant program for the two-year period beginning on the effective
date of this Act.
U. Suspend Senate Rule 12.04 (5) to allow the Conference
Committee to add an item of appropriation that is not in either
version of the bill to read as follows; Suspend Senate Rule 12.03
(4) to allow the Conference Committee to add text on any matter
which is not included in either the House or Senate version of the
bill to read as follows:
SECTION 47. STATE PRESERVATION BOARD: MAINTENANCE AND
CAPITAL IMPROVEMENT PROJECTS. (a) The amount of $25,000,000 is
appropriated to the State Preservation 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 maintenance
and capital improvement projects during the state fiscal
biennium beginning September 1, 2021.
(b) The capital budget authority of the State
Preservation Board in Chapter 1053 (S.B. 1), Acts of the 87th
Legislature, Regular Session, 2021 (the General Appropriations
Act), is increased by $25,000,000 for the appropriation made
under Subsection (a) of this section.
V. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 48. DEPARTMENT OF STATE HEALTH SERVICES AND
HEALTH AND HUMAN SERVICES COMMISSION: FEDERAL FUNDS FOR
HOSPITALS. It is the intent of the Legislature that the
Department of State Health Services and the Health and Human
Services Commission, in distributing any money received 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 distribute the money appropriated by this Act to
entities that are subject to the hospital price transparency
public disclosure requirements required by 45 C.F.R. Sections
180.10 - 180.60 and, on implementation of rules adopted under the
chapter, by Chapter 327, Health and Safety Code.
W. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 49. REPORT ON FEDERAL FUNDS BY LEGISLATIVE
BUDGET BOARD. (a) The Legislative Budget Board, in consultation
with the comptroller of public accounts, shall report on the
board's Internet website:
(1) for each political subdivision in this state, an
informational listing of any money appropriated by this Act and
received by the subdivision; and
(2) for each state agency and each institution of
higher education that receives money appropriated by this Act, an
informational listing of the following:
(A) the amount of money received by the agency
or institution;
(B) the federal legislation that authorized
distribution of the money to the state, agency, or institution
and the state legislation, if applicable, that appropriated the
money to the agency or institution;
(C) the amount of money spent by the agency or
institution;
(D) the allowable uses for which the agency or
institution may spend money received by the agency or institution
and the purposes for which the agency or institution has spent
the money;
(E) the amount of money received by the agency
or institution:
(i) that the agency or institution has
not spent; and
(ii) that the agency or institution may
spend without further appropriation; and
(F) the time during which money received by
the agency or institution was spent by the agency or institution,
including the remaining time in which the agency or institution
may spend the money without further appropriation.
(b) This section does not apply to a hospital licensed
under Chapter 241, Health and Safety Code, or a hospital owned
and operated by this state.
(c) It is the intent of the legislature that information
required to be provided in a report on the Legislative Budget
Board's Internet website under Subsection (a) of this section
must be updated not less than once during each fiscal quarter and
once on the first day of each fiscal quarter that occurs on or
after December 1, 2021, until at least December 1, 2028.
X. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 50. LEGISLATIVE INTENT REGARDING
APPROPRIATIONS. (a) It is the intent of the legislature that the
appropriations made by this Act:
(1) 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; and
(2) be used:
(A) only for purposes authorized by state and
federal law, including guidance issued by the United States
Department of the Treasury in 86 Fed. Reg. 26786 (May 17, 2021);
and
(B) before all other methods of finance, if
more than one method of finance is available for the applicable
purpose.
(b) Except as specifically provided otherwise by this
Act, it is the intent of the legislature that, if the United
States Department of the Treasury or any other qualified state or
federal authority determines that an appropriation made by this
Act has been made for an improper use, the appropriated money not
be spent and shall be retained in the treasury and available for
later legislative appropriation.
Y. Suspend Senate Rule 12.03 (4) to allow the Conference
Committee to add text on any matter which is not included in
either the House or Senate version of the bill to read as follows:
SECTION 51. APPROPRIATION AUTHORITY UNDER FEDERAL LAW.
The appropriations made under Sections 2, 3, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28,
29, 30, 31, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, and
47 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.
_______________________________
President of the Senate
I hereby certify that the
above Resolution was adopted by
the Senate on October 18, 2021,
by the following vote: Yeas 31,
Nays 0.
_______________________________
Secretary of the Senate