Bill Text: TX SB1579 | 2011-2012 | 82nd Legislature | Engrossed

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Bill Title: Relating to state fiscal matters related to general government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1579 Detail]

Download: Texas-2011-SB1579-Engrossed.html

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By: Ogden S.B. No. 1579

A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters related to general government.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. FISCAL MATTERS REGARDING LEASING CERTAIN STATE
FACILITIES
SECTION 1.01. The heading to Section 2165.2035, Government
Code, is amended to read as follows:
Sec. 2165.2035. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; USE AFTER HOURS.
SECTION 1.02. Subchapter E, Chapter 2165, Government Code,
is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
read as follows:
Sec. 2165.204. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES. (a) The commission
may lease to a private individual an individual parking space in a
state-owned parking lot or garage located in the city of Austin that
the commission determines is not needed to accommodate the regular
parking requirements of state employees who work near the lot or
garage and visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2045. LEASE OF SPACE IN STATE-OWNED PARKING LOTS
AND GARAGES; EXCESS BLOCKS OF PARKING SPACE. (a) The commission
may lease to an institution of higher education or a local
government all or a significant block of a state-owned parking lot
or garage located in the city of Austin that the commission
determines is not needed to accommodate the regular parking
requirements of state employees who work near the lot or garage and
visitors to nearby state government offices.
(b) Money received from a lease under this section shall be
deposited to the credit of the general revenue fund.
Sec. 2165.2046. REPORTS ON PARKING PROGRAMS. On or before
October 1 of each even-numbered year, the commission shall submit a
report to the Legislative Budget Board describing the effectiveness
of parking programs developed by the commission under this
subchapter. The report must, at a minimum, include:
(1) the yearly revenue generated by the programs;
(2) the yearly administrative and enforcement costs of
each program;
(3) yearly usage statistics for each program; and
(4) initiatives and suggestions by the commission to:
(A) modify administration of the programs; and
(B) increase revenue generated by the programs.
SECTION 1.03. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 2. FISCAL MATTERS RELATING TO SECRETARY OF STATE
SECTION 2.01. Section 405.014, Government Code, is amended
to read as follows:
Sec. 405.014. ACTS OF THE LEGISLATURE. (a) At each
session of the legislature the secretary of state shall obtain the
bills that have become law. Immediately after the closing of each
session of the legislature, the secretary of state shall bind all
enrolled bills and resolutions in volumes on which the date of the
session is placed.
(b) As soon as practicable after the closing of each session
of the legislature, the secretary of state shall publish and
maintain electronically the bills enacted at that session. The
electronic publication must be:
(1) indexed by bill number and assigned chapter number
for each bill; and
(2) made available by an electronic link on the
secretary of state's generally accessible Internet website.
SECTION 2.02. Subchapter B, Chapter 2158, Government Code,
is repealed.
SECTION 2.03. The change in law made by this article does
not apply to a contract for the publication of the laws of this
state entered into before the effective date of this article.
SECTION 2.04. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected
to each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary
for immediate effect, this article takes effect September 1,
2011.
ARTICLE 3. FISCAL MATTERS REGARDING ATTORNEY GENERAL
SECTION 3.01. Section 402.006, Government Code, is amended
by adding Subsection (e) to read as follows:
(e) The attorney general may charge a reasonable fee for the
electronic filing of a document.
SECTION 3.02. The heading to Section 402.0212, Government
Code, is amended to read as follows:
Sec. 402.0212. PROVISION OF LEGAL SERVICES--OUTSIDE
COUNSEL; FEES.
SECTION 3.03. Section 402.0212, Government Code, is amended
by amending Subsections (b) and (c) and adding Subsections (d),
(e), and (f) to read as follows:
(b) An invoice submitted to a state agency under a contract
for legal services as described by Subsection (a) must be reviewed
by the attorney general to determine whether the invoice is
eligible for payment.
(c) An attorney or law firm must pay an administrative fee
to the attorney general for the review described in Subsection (b)
when entering into a contract to provide legal services to a state
agency.
(d) For purposes of this section, the functions of a hearing
examiner, administrative law judge, or other quasi-judicial
officer are not considered legal services.
(e) [(c)] This section shall not apply to the Texas Turnpike
Authority division of the Texas Department of Transportation.
(f) The attorney general may adopt rules as necessary to
implement and administer this section.
SECTION 3.04. Section 371.051, Transportation Code, is
amended to read as follows:
Sec. 371.051. ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
(a) A toll project entity may not enter into a comprehensive
development agreement unless the attorney general reviews the
proposed agreement and determines that it is legally sufficient.
(b) A toll project entity shall pay a nonrefundable
examination fee to the attorney general on submitting a proposed
comprehensive development agreement for review. At the time the
examination fee is paid, the toll project entity shall also submit
for review a complete transcript of proceedings related to the
comprehensive development agreement.
(c) If the toll project entity submits multiple proposed
comprehensive development agreements relating to the same toll
project for review, the entity shall pay the examination fee under
Subsection (b) for each proposed comprehensive development
agreement.
(d) The attorney general shall provide a legal sufficiency
determination not later than the 60th business day after the date
the examination fee and transcript of the proceedings required
under Subsection (b) are received. If the attorney general cannot
provide a legal sufficiency determination within the
60-business-day period, the attorney general shall notify the toll
project entity in writing of the reason for the delay and may extend
the review period for not more than 30 business days.
(e) After the attorney general issues a legal sufficiency
determination, a toll project entity may supplement the transcript
of proceedings or amend the comprehensive development agreement to
facilitate a redetermination by the attorney general of the prior
legal sufficiency determination issued under this section.
(f) The toll project entity may collect or seek
reimbursement of the examination fee under Subsection (b) from the
private participant.
(g) The attorney general by rule shall set the examination
fee required under Subsection (b) in a reasonable amount and may
adopt other rules as necessary to implement this section. The fee
may not be set in an amount that is determined by a percentage of the
cost of the toll project. The amount of the fee may not exceed
reasonable attorney's fees charged for similar legal services in
the private sector.
SECTION 3.05. The fee prescribed by Section 402.006,
Government Code, as amended by this article, applies only to a
document electronically submitted to the office of the attorney
general on or after the effective date of this article.
SECTION 3.06. The fee prescribed by Section 402.0212,
Government Code, as amended by this article, applies only to
invoices for legal services submitted to the office of the attorney
general for review on or after the effective date of this article.
SECTION 3.07. The fee prescribed by Section 371.051,
Transportation Code, as amended by this article, applies only to a
comprehensive development agreement submitted to the office of the
attorney general on or after the effective date of this article.
SECTION 3.08. The changes in law made by this article apply
only to a contract for legal services between a state agency and a
private attorney or law firm entered into on or after the effective
date of this article. A contract for legal services between a state
agency and a private attorney or law firm entered into before the
effective date of this article is governed by the law in effect at
the time the contract was entered into, and the former law is
continued in effect for that purpose.
SECTION 3.09. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 4. TEXAS PRESERVATION TRUST FUND ACCOUNT
SECTION 4.01. Subsections (a), (b), and (f), Section
442.015, Government Code, are amended to read as follows:
(a) Notwithstanding Section [Sections 403.094 and] 403.095,
the Texas preservation trust fund account is a separate account in
the general revenue fund. The account consists of transfers made to
the account, loan repayments, grants and donations made for the
purposes of this program, proceeds of sales, income earned
[earnings] on money in the account, and any other money received
under this section. Money in [Distributions from] the account may
be used only for the purposes of this section and [may not be used]
to pay operating expenses of the commission. Money allocated to the
commission's historic preservation grant program shall be
deposited to the credit of the account. Income earned [Earnings] on
money in the account shall be deposited to the credit of the
account.
(b) The commission may use money in [distributions from] the
Texas preservation trust fund account to provide financial
assistance to public or private entities for the acquisition,
survey, restoration, or preservation, or for planning and
educational activities leading to the preservation, of historic
property in the state that is listed in the National Register of
Historic Places or designated as a State Archeological Landmark or
Recorded Texas Historic Landmark, or that the commission determines
is eligible for such listing or designation. The financial
assistance may be in the amount and form and according to the terms
that the commission by rule determines. The commission shall give
priority to property the commission determines to be endangered by
demolition, neglect, underuse, looting, vandalism, or other threat
to the property. Gifts and grants deposited to the credit of the
account specifically for any eligible projects may be used only for
the type of projects specified. If such a specification is not
made, the gift or grant shall be unencumbered and accrue to the
benefit of the Texas preservation trust fund account. If such a
specification is made, the entire amount of the gift or grant may be
used during any period for the project or type of project specified.
(f) The advisory board shall recommend to the commission
rules for administering this section [Subsections (a)-(e)].
SECTION 4.02. Subsections (h), (i), (j), (k), and (l),
Section 442.015, Government Code, are repealed.
SECTION 4.03. The comptroller of public accounts and the
Texas Historical Commission shall enter into a memorandum of
understanding to facilitate the conversion of assets of the Texas
preservation trust fund account into cash for deposit into the
state treasury using a method that provides for the lowest amount of
revenue loss to the state.
SECTION 4.04. This article takes effect November 1, 2011.
ARTICLE 5. FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
SECTION 5.01. Section 2054.380, Government Code, is amended
to read as follows:
Sec. 2054.380. FEES. (a) The department shall set and
charge a fee to each state agency that receives a service from a
statewide technology center in an amount sufficient to cover the
direct and indirect cost of providing the service.
(b) Revenue derived from the collection of fees imposed
under Subsection (a) may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under this chapter and Chapter
2059; and
(2) providing shared information resources technology
services under this chapter.
SECTION 5.02. Subsection (d), Section 2157.068, Government
Code, is amended to read as follows:
(d) The department may charge a reasonable administrative
fee to a state agency, political subdivision of this state, or
governmental entity of another state that purchases commodity items
through the department in an amount that is sufficient to recover
costs associated with the administration of this section. Revenue
derived from the collection of fees imposed under this subsection
may be appropriated to the department for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing shared information resources technology
services under Chapter 2054.
SECTION 5.03. Subsections (a) and (d), Section 2170.057,
Government Code, are amended to read as follows:
(a) The department shall develop a system of billings and
charges for services provided in operating and administering the
consolidated telecommunications system that allocates the total
state cost to each entity served by the system based on
proportionate usage. The department shall set and charge a fee to
each entity that receives services provided under this chapter in
an amount sufficient to cover the direct and indirect costs of
providing the service. Revenue derived from the collection of fees
imposed under this subsection may be appropriated to the department
for:
(1) developing statewide information resources
technology policies and planning under Chapters 2054 and 2059; and
(2) providing:
(A) shared information resources technology
services under Chapter 2054; and
(B) network security services under Chapter
2059.
(d) The department shall maintain in the revolving fund
account sufficient amounts to pay the bills of the consolidated
telecommunications system and the centralized capitol complex
telephone system. The department shall certify amounts that exceed
this amount to the comptroller, and the comptroller shall transfer
the excess amounts to the credit of the general revenue fund. The
amounts transferred under this subsection may be appropriated to
the department for the purposes described by Subsections (a)(1) and
(2) [statewide network applications account established by Section
2054.011].
SECTION 5.04. This article takes effect immediately if this
Act receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this article takes effect September 1, 2011.
ARTICLE 6. HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING
UNCLAIMED PROPERTY
SECTION 6.01. Section 74.509, Property Code, is amended to
read as follows:
Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED
PROPERTY. (a) The comptroller shall deduct from each approved
claim a handling fee of 10 percent of the amount of the claim and
retain the fee in the general revenue fund [A handling fee may be
deducted from the amount of the claim payment] if the approved claim
[payment] is at least $100. A fee assessed under this subsection
may not exceed a total amount of $1,000.
(b) Subject to legislative appropriation, the comptroller
may use the retained handling fees to pay the costs to process
unclaimed property claims.
ARTICLE 7. CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEY
EMPLOYED BY ATTORNEY GENERAL
SECTION 7.01. Section 81.113, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) The state bar shall credit an attorney licensed in
this state with meeting the minimum continuing legal education
requirements of the state bar for a reporting year if during the
reporting year the attorney is employed full-time as an attorney by
the office of the attorney general. An attorney credited for
continuing legal education under this subsection must meet the
continuing legal education requirements of the state bar in legal
ethics or professional responsibility. This subsection expires
January 1, 2014.
SECTION 7.02. Subchapter A, Chapter 402, Government Code,
is amended by adding Section 402.010 to read as follows:
Sec. 402.010. CONTINUING LEGAL EDUCATION PROGRAMS. The
office of the attorney general shall recognize, prepare, or
administer continuing legal education programs that meet
continuing legal education requirements imposed under Section
81.113(c) for the attorneys employed by the office. This section
expires January 1, 2014.
SECTION 7.03. Section 81.113, Government Code, as amended
by this article, applies only to the requirements for a continuing
legal education compliance year that ends on or after September 1,
2011. The requirements for continuing legal education for a
compliance year that ends before September 1, 2011, are covered by
the law and rules in effect when the compliance year ended, and that
law and those rules are continued in effect for that purpose.
ARTICLE 8. REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR
LOBBYISTS
SECTION 8.01. Subsection (c), Section 305.005, Government
Code, is amended to read as follows:
(c) The registration fee and registration renewal fee are:
(1) $150 [$100] for a registrant employed by an
organization exempt from federal income tax under Section 501(c)(3)
or 501(c)(4), Internal Revenue Code of 1986;
(2) $75 [$50] for any person required to register
solely because the person is required to register under Section
305.0041 [of this chapter]; or
(3) $750 [$500] for any other registrant.
ARTICLE 9. ASSESSMENT OF PREMIUM DIFFERENTIAL ON CERTAIN PUBLIC
EMPLOYEES WHO USE TOBACCO
SECTION 9.01. Subchapter G, Chapter 1551, Insurance Code,
is amended by adding Section 1551.3075 to read as follows:
Sec. 1551.3075. TOBACCO USER PREMIUM DIFFERENTIAL.
(a) The board of trustees shall assess each participant in a
health benefit plan provided under the group benefits program who
uses one or more tobacco products a tobacco user premium
differential, to be paid in monthly installments. Except as
provided by Subsection (b), the board of trustees shall determine
the amount of the monthly installments of the premium differential.
(b) If the General Appropriations Act for a state fiscal
biennium sets the amount of the monthly installments of the tobacco
user premium differential for that biennium, the board of trustees
shall assess the premium differential during that biennium in the
amount prescribed by the General Appropriations Act.
SECTION 9.02. Section 1551.314, Insurance Code, is amended
to read as follows:
Sec. 1551.314. CERTAIN STATE CONTRIBUTIONS PROHIBITED. A
state contribution may not be:
(1) made for coverages under this chapter selected by
an individual who receives a state contribution, other than as a
spouse, dependent, or beneficiary, for coverages under a group
benefits program provided by an institution of higher education, as
defined by Section 61.003, Education Code; or
(2) made for or used to pay a tobacco user premium
differential assessed under Section 1551.3075.
SECTION 9.03. The board of trustees of the Employees
Retirement System of Texas shall implement the tobacco user premium
differential required under Section 1551.3075, Insurance Code, as
added by this article, not later than January 1, 2012.
ARTICLE 10. REGIONAL POISON CONTROL CENTER MANAGEMENT CONTROLS
AND EFFICIENCY
SECTION 10.01. Section 777.001, Health and Safety Code, is
amended by amending Subsections (a) and (c) and adding Subsection
(d) to read as follows:
(a) The following medical facilities may be [Six regional
centers for poison control are] designated by the Commission on
State Emergency Communications as the regional poison control
centers for the state [as follows]:
(1) The University of Texas Medical Branch at
Galveston;
(2) the Dallas County Hospital District/North Texas
Poison Center;
(3) The University of Texas Health Science Center at
San Antonio;
(4) the University Medical Center of El Paso, El Paso
County Hospital District;
(5) the Texas Tech University Health Sciences Center
at Amarillo; and
(6) Scott and White Memorial Hospital, Temple, Texas.
(c) The Commission on State Emergency Communications may
standardize the operations of and implement management controls to
improve the efficiency of regional poison control centers [vote to
designate a seventh regional or satellite poison control center in
Harris County. That poison control center is subject to all
provisions of this chapter and other law relating to regional
poison control centers].
(d) If the Commission on State Emergency Communications
implements management controls under Subsection (c), the
commission shall submit to the governor and the Legislative Budget
Board a plan for implementing the controls not later than October
31, 2011. This subsection expires January 1, 2013.
SECTION 10.02. Subsection (b), Section 777.008, Health and
Safety Code, is amended to read as follows:
(b) The committee is composed of:
(1) one public member appointed by the Commission on
State Emergency Communications;
(2) one member [six members who represent the six
regional poison control centers, one] appointed by the chief
executive officer of each designated regional poison control center
to represent that center;
(3) one member appointed by the commissioner of the
Department of State Health Services; and
(4) one member who is a health care professional
designated as the poison control program coordinator appointed by
the Commission on State Emergency Communications.
ARTICLE 11. AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS
IN STATE TREASURY
SECTION 11.01. Section 403.105, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) Notwithstanding the limitations and requirements of
Section 403.1068, the legislature may appropriate money in the
fund, including the corpus and available earnings of the fund
determined under Section 403.1068, to pay the principal of or
interest on a bond issued for the purposes of Section 67, Article
III, Texas Constitution. This subsection does not authorize the
appropriation under this subsection of money subject to a
limitation or requirement as described by Subsection (e) that is
not consistent with the use of the money in accordance with this
subsection.
SECTION 11.02. Section 403.1055, Government Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) Notwithstanding the limitations and requirements of
Section 403.1068, the legislature may appropriate money in the
fund, including the corpus and available earnings of the fund
determined under Section 403.1068, to pay the principal of or
interest on a bond issued for the purposes of Section 67, Article
III, Texas Constitution. This subsection does not authorize the
appropriation under this subsection of money subject to a
limitation or requirement as described by Subsection (e) that is
not consistent with the use of the money in accordance with this
subsection.
SECTION 11.03. Section 403.106, Government Code, is amended
by amending Subsection (b) and adding Subsection (b-1) to read as
follows:
(b) Except as provided by Subsections (b-1), (c), (e), (f),
and (h), money in the fund may not be appropriated for any purpose.
(b-1) Notwithstanding the limitations and requirements of
Section 403.1068, the legislature may appropriate money in the
fund, including the corpus and available earnings of the fund
determined under Section 403.1068, to pay the principal of or
interest on a bond issued for the purposes of Section 67, Article
III, Texas Constitution. This subsection does not authorize the
appropriation under this subsection of money subject to a
limitation or requirement as described by Subsection (e) that is
not consistent with the use of the money in accordance with this
subsection.
SECTION 11.04. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 12. USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS
HOUSING AND SERVICES PROGRAM
SECTION 12.01. Section 481.078, Government Code, is amended
by amending Subsection (c) and adding Subsections (d-1) and (d-2)
to read as follows:
(c) Except as provided by Subsections [Subsection] (d) and
(d-1), the fund may be used only for economic development,
infrastructure development, community development, job training
programs, and business incentives.
(d-1) The fund may be used for the Texas homeless housing
and services program administered by the Texas Department of
Housing and Community Affairs. Subsections (e-1), (f), (g), (h),
(i), and (j) and Section 481.080 do not apply to a grant awarded for
a purpose specified by this subsection.
(d-2) The fund may be used for the Jobs and Education for
Texans Fund established under Chapter 403. Subsections (e-1), (f),
(g), (h), (i), and (j) and Section 481.080 do not apply to a grant
awarded for a purpose specified by this subsection.
SECTION 12.02. Section 481.079, Government Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) For grants awarded for a purpose specified by Section
481.078(d-1), the report must include only the amount and purpose
of each grant.
SECTION 12.03. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 13. DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER
PREVENTION AND RESEARCH INSTITUTE OF TEXAS
SECTION 13.01. Subchapter C, Chapter 1232, Government Code,
is amended by adding Section 1232.1221 to read as follows:
Sec. 1232.1221. COMMENCEMENT OF CERTAIN MULTIYEAR
CANCER-RELATED PROJECTS. (a) Funds may be distributed to a grant
recipient for a multiyear project for which an award is granted by
the Cancer Prevention and Research Institute of Texas Oversight
Committee as authorized by Section 102.257, Health and Safety Code,
after the authority has certified that obligations in an amount
sufficient to pay the money needed to fund the project have been
authorized for issuance by the authority and approved by the Bond
Review Board.
(b) After issuing the obligations, the board shall:
(1) pay the costs of the issuance and any related bond
administrative costs of the authority;
(2) certify to the Cancer Prevention and Research
Institute of Texas and to the comptroller that the proceeds from the
issuance are available; and
(3) deposit the proceeds into the state treasury to be
credited to the account of the Cancer Prevention and Research
Institute of Texas.
SECTION 13.02. Subsections (b) and (c), Section 102.201,
Health and Safety Code, are amended to read as follows:
(b) The cancer prevention and research fund consists of:
(1) patent, royalty, and license fees and other income
received under a contract entered into as provided by Section
102.255;
(2) appropriations of money to the fund by the
legislature, except that the appropriated money may not include the
proceeds from the issuance of bonds authorized by Section 67,
Article III, Texas Constitution;
(3) gifts, grants, including grants from the federal
government, and other donations received for the fund; and
(4) interest earned on the investment of money in the
fund.
(c) The fund may be used only to pay for:
(1) grants for cancer research and for cancer research
facilities in this state to realize therapies, protocols, and
medical procedures for the cure or substantial mitigation of all
types of cancer in humans;
(2) the purchase, subject to approval by the
institute, of laboratory facilities by or on behalf of a state
agency or grant recipient;
(3) grants to public or private persons to implement
the Texas Cancer Plan;
(4) the operation of the institute; [and]
(5) grants for cancer prevention and control programs
in this state to mitigate the incidence of all types of cancer in
humans; and
(6) debt service on bonds issued as authorized by
Section 67, Article III, Texas Constitution.
SECTION 13.03. Section 102.257, Health and Safety Code, is
amended to read as follows:
Sec. 102.257. MULTIYEAR PROJECTS. The oversight committee
may grant funds for a multiyear project. The oversight committee
must specify the total amount of [All the] money approved [needed]
to fund the [a] multiyear project. The total amount specified is
considered for purposes of Section 102.253 to have been [must be]
awarded in the state fiscal year that the project is approved by the
research and prevention programs committee. The institute shall
distribute only the money that will be expended during that fiscal
year. The institute may maintain the remaining money needed in each
subsequent fiscal year [shall be maintained] in an escrow account
to be distributed by the institute as the money is needed [in
subsequent years of the project].
SECTION 13.04. The changes in law made by this article apply
only to a grant of funds for a multiyear project by the Cancer
Prevention and Research Institute of Texas Oversight Committee as
authorized by Section 102.257, Health and Safety Code, as amended
by this article, made on or after June 1, 2011. A grant of funds for
a multiyear project made before that date is governed by the law in
effect on the date the grant was made, and the former law is
continued in effect for that purpose.
SECTION 13.05. This article takes effect immediately if
this Act receives a vote of two-thirds of all the members elected to
each house, as provided by Section 39, Article III, Texas
Constitution. If this Act does not receive the vote necessary for
immediate effect, this article takes effect September 1, 2011.
ARTICLE 14. EFFECTIVE DATE
SECTION 14.01. Except as otherwise provided by this Act,
this Act takes effect September 1, 2011.