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A BILL TO BE ENTITLED
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AN ACT
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relating to making supplemental appropriations and reductions in |
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appropriations and giving direction and adjustment authority |
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regarding appropriations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. APPROPRIATION REDUCTION: DEPARTMENT OF |
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ASSISTIVE AND REHABILITATIVE SERVICES. The unencumbered |
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appropriations from federal Temporary Assistance for Needy |
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Families (TANF) funds to the Department of Assistive and |
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Rehabilitative Services for use during the state fiscal biennium |
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ending August 31, 2013, made by Chapter 1355 (H.B. 1), Acts of the |
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82nd Legislature, Regular Session, 2011 (the General |
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Appropriations Act), for Strategy A.1.1., ECI Services, are reduced |
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by the amount of $5,800,000. |
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SECTION 2. APPROPRIATION REDUCTION: DEPARTMENT OF FAMILY |
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AND PROTECTIVE SERVICES. The unencumbered appropriations from the |
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general revenue fund to the Department of Family and Protective |
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Services for use during the state fiscal biennium ending August 31, |
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2013, made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, |
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Regular Session, 2011 (the General Appropriations Act), for |
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Strategy B.1.11., Foster Care Payments, are reduced by the amount |
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of $23,536,739. |
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SECTION 3. APPROPRIATION REDUCTION: HEALTH AND HUMAN |
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SERVICES COMMISSION. The unencumbered appropriations from the |
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general revenue fund to the Health and Human Services Commission |
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for use during the state fiscal biennium ending August 31, 2013, |
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made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular |
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Session, 2011 (the General Appropriations Act), for Strategy |
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D.1.1., TANF (Cash Assistance) Grants, are reduced by the amount of |
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$2,330,351. |
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SECTION 4. APPROPRIATION REDUCTION: HIGHER EDUCATION |
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EMPLOYEES GROUP INSURANCE CONTRIBUTIONS. The unencumbered |
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appropriations from the general revenue fund to the Higher |
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Education Employees Group Insurance Contributions for use during |
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the state fiscal biennium ending August 31, 2013, made by Chapter |
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1355 (H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011 |
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(the General Appropriations Act), for Strategy A.1.11., UT |
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Medical - Galveston, are reduced by the amount of $1,400,437. |
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SECTION 5. APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT |
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AUSTIN. The unencumbered appropriations from the general revenue |
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fund to the University of Texas at Austin for use during the state |
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fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B. |
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1), Acts of the 82nd Legislature, Regular Session, 2011 (the |
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General Appropriations Act), for Strategy C.4.1., Institutional |
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Enhancement, are reduced by the amount of $2,000,000. |
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SECTION 6. APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT |
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DALLAS. The unencumbered appropriations from the general revenue |
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fund to the University of Texas at Dallas for use during the state |
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fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B. |
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1), Acts of the 82nd Legislature, Regular Session, 2011 (the |
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General Appropriations Act), for Strategy A.1.1., Operations |
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Support, are reduced by the amount of $890,622. |
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SECTION 7. APPROPRIATION REDUCTION: COMMUNITY COLLEGES. |
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The unencumbered appropriations from the general revenue fund to |
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Public Community/Junior Colleges for use during the state fiscal |
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year ending August 31, 2013, made by Chapter 1355 (H.B. 1), Acts of |
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the 82nd Legislature, Regular Session, 2011 (the General |
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Appropriations Act), are reduced, respectively, in the amounts |
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indicated by this section, for a total aggregate amount of |
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$86,654,557. The comptroller of public accounts shall apply the |
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reductions in general revenue appropriations to each community or |
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junior college in the following indicated amounts: |
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(1) Alamo Community College: $7,691,894; |
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(2) Alvin Community College: $1,058,325; |
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(3) Amarillo College: $1,708,432; |
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(4) Angelina College: $488,773; |
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(5) Austin Community College: $9,482,654; |
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(6) Blinn College: $1,613,073; |
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(7) Brazosport College: $1,038,621; |
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(8) Central Texas College: $2,203,642; |
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(9) Cisco Junior College: $275,082; |
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(10) Clarendon College: $108,855; |
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(11) Coastal Bend College: $611,377; |
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(12) College of the Mainland: $1,617,987; |
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(13) Collin County Community College: $2,569,386; |
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(14) Del Mar College: $2,066,957; |
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(15) El Paso Community College: $3,903,342; |
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(16) Frank Phillips College: $135,579; |
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(17) Galveston College: $511,170; |
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(18) Grayson County College: $416,429; |
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(19) Hill College: $269,502; |
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(20) Houston Community College: $8,062,476; |
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(21) Howard College: $315,577; |
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(22) Kilgore College: $731,448; |
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(23) Laredo Community College: $2,238,911; |
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(24) Lee College: $1,347,526; |
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(25) Lone Star College System: $7,119,282; |
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(26) McLennan Community College: $1,708,874; |
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(27) Midland College: $1,284,228; |
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(28) Navarro College: $338,086; |
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(29) North Central Texas College: $547,632; |
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(30) Northeast Texas Community College: $606,919; |
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(31) Odessa College: $1,097,994; |
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(32) Panola College: $420,021; |
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(33) San Jacinto College: $4,435,321; |
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(34) South Plains College: $844,175; |
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(35) South Texas College: $3,429,664; |
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(36) Southwest Texas Junior College: $909,179; |
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(37) Tarrant County College: $6,795,981; |
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(38) Temple College: $724,912; |
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(39) Texarkana College: $451,137; |
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(40) Trinity Valley Community College: $760,183; |
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(41) Tyler Junior College: $1,288,860; |
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(42) Vernon College: $398,878; |
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(43) Victoria College: $801,220; |
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(44) Weatherford College: $979,850; |
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(45) Western Texas College: $268,687; and |
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(46) Wharton County Junior College: $976,456. |
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SECTION 8. APPROPRIATION REDUCTION: TEXAS A&M AGRILIFE |
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RESEARCH. The unencumbered appropriations from general revenue |
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account number 151, Clean Air, to Texas A&M AgriLife Research for |
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use during the state fiscal biennium ending August 31, 2013, by |
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Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular |
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Session, 2011 (the General Appropriations Act), for Strategy |
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A.1.1., Agricultural/Life Sciences Research, are reduced by the |
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amount of $12,500. |
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SECTION 9. FACILITIES COMMISSION: UTILITY COSTS. (a) In |
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addition to amounts previously appropriated for the state fiscal |
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biennium ending August 31, 2013, the amount of $1,400,000 is |
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appropriated out of the general revenue fund to the Facilities |
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Commission for Strategy B.2.1., Facilities Operation, as listed in |
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Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular |
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Session, 2011 (the General Appropriations Act), for the two-year |
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period beginning on the effective date of this Act for the purpose |
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of providing for payment of increased utility costs as a result of |
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an increase in utility rates. |
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(b) Money appropriated by this section may not be used by |
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the commission for a purpose other than payment of utility expenses |
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without the prior written approval of the Legislative Budget Board. |
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SECTION 10. VETERANS COMMISSION: STRIKE FORCE TEAMS; |
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REPAYMENT OF DEFICIENCY. (a) In addition to amounts previously |
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appropriated for the state fiscal biennium ending August 31, 2013, |
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the amount of $1,546,003 is appropriated out of the general revenue |
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fund to the Veterans Commission for the state fiscal year ending |
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August 31, 2013, for the purpose of creating two state strike force |
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teams to address the backlog of claims in Houston and Waco and to |
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hire additional counselors to be located in hospitals and clinics |
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operated by the United States Department of Veterans Affairs. |
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(b) In addition to the number of full-time equivalent |
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employees (FTEs) the Veterans Commission is authorized by other law |
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to employ during the state fiscal year ending August 31, 2013, the |
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commission may employ an additional 16.0 FTEs during that state |
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fiscal year. |
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(c) In addition to amounts previously appropriated for the |
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state fiscal biennium ending August 31, 2013, the amount of |
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$500,000 is appropriated out of the general revenue fund to the |
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Veterans Commission for the state fiscal year ending August 31, |
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2013, for the purpose of repaying a deficiency grant made under |
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Section 403.075, Government Code. |
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SECTION 11. UNIVERSITY OF HOUSTON - CLEAR LAKE. In addition |
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to amounts previously appropriated for the state fiscal biennium |
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ending August 31, 2013, the amount of $200,000 is appropriated out |
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of the general revenue fund to the University of Houston - Clear |
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Lake for Strategy A.1.4., Workers' Compensation Insurance, as |
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listed in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, |
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Regular Session, 2011 (the General Appropriations Act), for the |
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state fiscal year ending August 31, 2013, for the purpose of current |
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operations. |
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SECTION 12. TEXAS A&M ENGINEERING EXTENSION SERVICE. In |
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addition to amounts previously appropriated for the state fiscal |
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biennium ending August 31, 2013, the amount of $1,678,703 is |
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appropriated out of the general revenue fund to the Texas A&M |
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Engineering Extension Service for the state fiscal year ending |
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August 31, 2013, for the purpose of reimbursing the agency for |
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state-directed deployments for natural disasters. |
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SECTION 13. TEXAS A&M AGRILIFE RESEARCH. In addition to |
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amounts previously appropriated for the state fiscal biennium |
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ending August 31, 2013, the amount of $162,500 is appropriated out |
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of the general revenue fund to Texas A&M AgriLife Research for the |
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state fiscal year ending August 31, 2013, for the purpose of current |
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operations. |
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SECTION 14. JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT. |
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In addition to amounts previously appropriated for the state fiscal |
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biennium ending August 31, 2013, the amount of $475,000 is |
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appropriated out of the general revenue fund to the Judiciary |
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Section, Comptroller's Department, for Strategy D.1.8., Juror Pay, |
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as listed in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, |
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Regular Session, 2011 (the General Appropriations Act), for the |
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state fiscal year ending August 31, 2013, for the purpose of |
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reimbursing the agency for a transfer to Strategy D.1.10., Indigent |
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Inmate Defense, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd |
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Legislature, Regular Session, 2011 (the General Appropriations |
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Act), to cover costs of providing legal representation for an |
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inmate in a capital murder trial. |
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SECTION 15. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL |
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MANAGED HEALTH CARE. In addition to amounts previously |
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appropriated for the state fiscal biennium ending August 31, 2013, |
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the amount of $39,000,000 is appropriated out of the general |
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revenue fund to the Department of Criminal Justice for the state |
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fiscal year ending August 31, 2013, for the purpose of providing for |
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correctional managed health care. |
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SECTION 16. COMMISSION ON ENVIRONMENTAL QUALITY: ELEPHANT |
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BUTTE LITIGATION EXPENSES. In addition to amounts previously |
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appropriated for the state fiscal biennium ending August 31, 2013, |
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the amount of $500,000 is appropriated out of general revenue |
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account number 153, Water Resource Management, to the Commission on |
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Environmental Quality for the two-year period beginning on the |
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effective date of this Act for the purpose of paying for Elephant |
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Butte litigation expenses. |
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SECTION 17. PARKS AND WILDLIFE DEPARTMENT: REVENUE |
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SHORTFALL. In addition to amounts previously appropriated for the |
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state fiscal biennium ending August 31, 2013, the amount of |
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$889,000 is appropriated out of the general revenue fund to the |
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Parks and Wildlife Department for the two-year period beginning on |
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the effective date of this Act for the purpose of providing for |
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state park operations as a result of a revenue shortfall. |
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SECTION 18. LIBRARY AND ARCHIVES COMMISSION: |
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DIRECTOR-LIBRARIAN SALARY. (a) In addition to amounts previously |
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appropriated for the state fiscal biennium ending August 31, 2013, |
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the amount of $35,500 is appropriated out of the general revenue |
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fund to the Library and Archives Commission for the fiscal year |
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ending August 31, 2013, for the purpose of providing a salary rate |
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increase for the Director-Librarian. |
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(b) Notwithstanding the rate of salary in the bill pattern |
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of the Library and Archives Commission in Chapter 1355 (H.B. 1), |
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Acts of the 82nd Legislature, Regular Session, 2011 (the General |
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Appropriations Act), the rate of salary for the Director-Librarian |
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is $140,000 for the state fiscal year ending August 31, 2013. |
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SECTION 19. TEXAS A&M FOREST SERVICE: APPROPRIATIONS FOR |
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GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts |
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previously appropriated for the state fiscal biennium ending August |
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31, 2013, the amount of $161,065,711 is appropriated out of the |
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general revenue fund to the Texas A&M Forest Service for the state |
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fiscal year ending August 31, 2013, for the purpose of paying for, |
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or reimbursing payments made for, costs incurred by the Texas A&M |
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Forest Service associated with wildfires that occurred during the |
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state fiscal biennium beginning September 1, 2011, but before the |
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effective date of this Act. |
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SECTION 20. DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR |
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GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts |
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previously appropriated for the state fiscal biennium ending August |
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31, 2013, the amount of $2,700,000 is appropriated out of the |
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general revenue fund to the Department of Public Safety for the |
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state fiscal year ending August 31, 2013, for the purpose of paying |
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for, or reimbursing payments made for, costs incurred by the |
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Department of Public Safety associated with wildfires that occurred |
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during the state fiscal biennium beginning September 1, 2011, but |
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before the effective date of this Act. |
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SECTION 21. PARKS AND WILDLIFE DEPARTMENT: APPROPRIATIONS |
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FOR COSTS CAUSED BY WILDFIRES AT THE BASTROP STATE PARK AND BASTROP |
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REGIONAL PARK OFFICE. In addition to amounts previously |
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appropriated for the state fiscal biennium ending August 31, 2013, |
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the amount of $4,892,440 is appropriated out of the general revenue |
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fund to the Parks and Wildlife Department for the two-year period |
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beginning on the effective date of this Act for the purpose of |
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paying for, or reimbursing payments made for, costs incurred by the |
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Parks and Wildlife Department associated with wildfires that |
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occurred at the Bastrop State Park and Bastrop regional park office |
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during the state fiscal biennium beginning September 1, 2011, but |
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before the effective date of this Act. |
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SECTION 22. HEALTH AND HUMAN SERVICES COMMISSION: CERTAIN |
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RIDERS. Rider 26 to the bill pattern of the appropriations to the |
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Health and Human Services Commission in Chapter 1355 (H.B. 1), Acts |
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of the 82nd Legislature, Regular Session, 2011 (the General |
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Appropriations Act), is repealed, and the commission is not |
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required to comply with that rider on and after the effective date |
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of this Act. |
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SECTION 23. BENEFITS PAID PROPORTIONAL BY FUND. (a) This |
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section applies to each item of appropriation made by this Act. |
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(b) In order to maximize balances in the general revenue |
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fund, payment for benefits paid from funds appropriated by this |
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Act, including "local funds" and "educational and general funds," |
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as those terms are defined by Sections 51.009(a) and (c), Education |
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Code, must be proportional to the source of the funds except for |
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payments for higher education employees group insurance |
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contributions for public community or junior colleges. |
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(c) Money appropriated by this Act out of the general |
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revenue fund may not be used to pay employee benefit costs or other |
|
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indirect costs associated with the payment of salaries or wages of |
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employees if the salaries or wages are paid from a source other than |
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the general revenue fund. A public community or junior college may |
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spend money appropriated by this Act for employee benefit costs for |
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any employee who is eligible to participate in an offered group |
|
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benefits program and is an instructional or administrative employee |
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whose entire salary may be paid from money appropriated by this Act, |
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regardless of whether the salary is actually paid by that money. |
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Payments for employee benefit costs associated with salaries and |
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wages paid from sources other than the general revenue fund, |
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including payments received under interagency agreement or as |
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contract receipts, must be made in proportion to the source of the |
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funds from which the salary or wage is paid. If the comptroller of |
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public accounts determines that achieving proportionality as |
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required by this section at the time a payment is made is |
|
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impractical or inefficient, the comptroller shall reimburse the |
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general revenue fund for any payment of employee benefit costs made |
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out of that fund. |
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(d) A state agency or institution of higher education that |
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receives an appropriation by this Act from the general revenue fund |
|
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or any other source of financing shall file with the comptroller of |
|
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public accounts and the state auditor a report demonstrating |
|
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proportionality. The report is due on November 20th of each year |
|
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and must cover the state fiscal year ending on August 31st of the |
|
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year in which the report is due. The report shall be in the format |
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prescribed by the comptroller, the Legislative Budget Board, and |
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the State Auditor's Office. The state auditor shall review each |
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state agency's or institution's compliance with this section at |
|
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least once if the agency or institution is appropriated money by |
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this Act. The state auditor shall notify the comptroller of any |
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amount disproportionally paid from general revenue fund |
|
|
appropriations. On receipt of that notice, the comptroller shall |
|
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reduce the state agency's or institution's current year general |
|
|
revenue fund appropriations until the general revenue fund is |
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reimbursed for the amounts disproportionally paid out of that fund. |
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SECTION 24. EFFECTIVE DATE. This Act takes effect |
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immediately as provided for a general appropriations act under |
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Section 39, Article III, Texas Constitution. |