Bill Text: TX SB8 | 2021 | 87th Legislature 3rd Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to making supplemental appropriations and giving direction regarding appropriations.

Spectrum: Slight Partisan Bill (Republican 24-12)

Status: (Passed) 2021-11-08 - Effective immediately [SB8 Detail]

Download: Texas-2021-SB8-Comm_Sub.html

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By: Nelson, et al. S.B. No. 8
(Bonnen)
Substitute the following for S.B. No. 8: No.

A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and giving
direction regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT
COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to
the comptroller of public accounts from money received by this
state from the Coronavirus State Fiscal Recovery Fund (42
U.S.C. Section 802) established under the American Rescue Plan Act
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
Coronavirus Relief Fund No. 325 for use during the state fiscal
year beginning September 1, 2021, for the purpose of immediately
depositing that amount to the credit of the unemployment
compensation fund under Section 203.021, Labor Code, to pay back
outstanding advances received by this state under Section 1201,
Social Security Act (42 U.S.C. Section 1321), and to return the
unemployment compensation fund to the statutory floor computed
under Section 204.061, Labor Code, on October 1, 2021, as
reimbursement for payments made as a result of the coronavirus
disease pandemic.
SECTION 2. FISCAL PROGRAMS-COMPTROLLER OF PUBLIC ACCOUNTS:
BROADBAND INFRASTRUCTURE. (a) The amount of $500,475,163 is
appropriated to Fiscal Programs-Comptroller of Public Accounts
from money received by this state from the Coronavirus Capital
Projects Fund (42 U.S.C. Section 804) established under the
American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
to the credit of the Coronavirus Relief Fund No. 325 for the purpose
of providing funding for broadband infrastructure in accordance
with Section 490I.0108, Government Code, and other applicable state
or federal law during the two-year period beginning on the
effective date of this Act.
(b) Out of money appropriated by Subsection (a) of this
section, $75,000,000 may be used only for the Texas broadband pole
replacement program.
SECTION 3. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
GOVERNOR: VICTIMS OF CRIME. (a) The amount of $160,000,000 is
appropriated to the Trusteed Programs within the Office of the
Governor from money received by this state from the Coronavirus
State Fiscal Recovery Fund (42 U.S.C. Section 802) established
under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
deposited to the credit of the Coronavirus Relief Fund No. 325 for
the purpose of providing funding for grants for victims of crime
during the two-year period beginning on the effective date of this
Act.
(b) It is the intent of the legislature that grants made for
victims of crime during the state fiscal year beginning September
1, 2021, and the state fiscal year beginning September 1, 2022,
equal grants made for victims of crime during the state fiscal year
beginning September 1, 2020.
SECTION 4. DEPARTMENT OF AGRICULTURE: FOOD BANKS. The
amount of $100,000,000 is appropriated to the Department of
Agriculture from money received by this state from the Coronavirus
State Fiscal Recovery Fund (42 U.S.C. Section 802) established
under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
deposited to the credit of the Coronavirus Relief Fund No. 325 for
the purpose of providing supplemental funding to food banks in
response to the coronavirus pandemic during the two-year period
beginning on the effective date of this Act.
SECTION 5. 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.
SECTION 6. TEXAS FACILITIES COMMISSION: PERMIAN BASIN
BEHAVIORAL HEALTH CENTER. (a) The amount of $40,000,000 is
appropriated to the Texas Facilities 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 constructing a
100-bed comprehensive behavioral health center to serve the Permian
Basin region during the two-year period beginning on the effective
date of this Act.
(b) Upon completion of the construction described by
Subsection (a) of this section, ownership of the building shall
transfer to the Permian Basin Behavioral Health Center controlled
by the Ector County Hospital District and the Midland County
Hospital District.
(c) The appropriation under Subsection (a) of this section
is contingent on the completion of a signed agreement between the
Texas Facilities Commission and the Ector County Hospital District
and the Midland County Hospital District guaranteeing the ongoing
operations of the comprehensive behavioral health center described
by Subsection (a) of this section by the Permian Basin Behavioral
Health Center to ensure the continuing benefit to the residents of
this state.
SECTION 7. OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT
PROGRAM ACCOUNT. The amount of $52,277,114 is appropriated to the
Office of the Attorney General for deposit into the Sexual Assault
Program Account No. 5010 and for use by the office as authorized by
other law during the two-year period beginning on the effective
date of this Act from money received by this state from the
Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
established under the American Rescue Plan Act of 2021
(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
Relief Fund No. 325.
SECTION 8. OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS
COMPENSATION. The amount of $54,756,000 is appropriated to the
Office of the Attorney General for deposit into the Compensation to
Victims of Crime Account No. 469 and for use by the office during
the two-year period beginning on the effective date of this Act for
the purpose of compensating crime victims from money received by
this state from the Coronavirus State Fiscal Recovery Fund (42
U.S.C. Section 802) established under the American Rescue Plan Act
of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
Coronavirus Relief Fund No. 325.
SECTION 9. APPROPRIATIONS FOR SHORTFALL IN COURT FEES. (a)
To address matters related to shortfalls in court fee collections,
the following amounts are appropriated to the following entities
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
indicated purposes for the two-year period beginning on the
effective date of this Act:
(1) Comptroller of Public Accounts, Judiciary
Section: $14,854,228 for the purpose of addressing the backlog in
court cases, including to pay for visiting judges and support
staff;
(2) Office of Court Administration, Texas Judicial
Council:
(A) $10,338,158 for the purpose of addressing the
backlog in court cases, including information technology support;
and
(B) for Strategy D.1.1., Texas Indigent Defense
Commission, as listed in Chapter 1053 (S.B. 1), Acts of the 87th
Legislature, Regular Session, 2021 (the General Appropriations
Act):
(i) $63,698,784 for the purpose of
addressing the backlog in court cases, including to pay for public
defenders; and
(ii) $13,942,466 for deposit into the Fair
Defense Account No. 5073 and for use by the office for the purpose
of addressing the backlog in court cases, as authorized by other
law;
(3) Office of Capital and Forensic Writs: $200,000 for
the purpose of addressing the backlog in court cases and paying
costs related to the coronavirus disease pandemic; and
(4) Texas Commission on Law Enforcement: $9,400,000
for deposit into the Texas Commission on Law Enforcement Account
No. 116 and for use by the commission as authorized by other law.
(b) During the two-year period beginning on the effective
date of this Act, in addition to the number of full-time equivalent
(FTE) employees other law authorizes the office to employ during
that period, the Office of Court Administration, Texas Judicial
Council may employ:
(1) out of money appropriated by Subsection (a)(2)(A)
of this section, eight full-time equivalent (FTE) employees; and
(2) out of money appropriated by Subsection
(a)(2)(B)(i) of this section, two full-time equivalent (FTE)
employees.
(c) During the two-year period beginning on the effective
date of this Act, in addition to the number of full-time equivalent
(FTE) employees other law authorizes the office to employ during
that period, the Office of Capital and Forensic Writs may employ out
of money appropriated by Subsection (a)(3) of this section one
full-time equivalent (FTE) employee.
(d) The capital budget authority of the Office of Court
Administration, Texas Judicial Council, in Chapter 1053 (S.B. 1),
Acts of the 87th Legislature, Regular Session, 2021 (the General
Appropriations Act), is increased by $1,330,680 for the
appropriation made under Subsection (a)(2)(A) of this section.
SECTION 10. COMMISSION ON STATE EMERGENCY COMMUNICATIONS:
NEXT GENERATION 9-1-1 SERVICE FUND. (a) The amount of $150,000,000
is appropriated to the Commission on State Emergency Communications
for deposit into the Next Generation 9-1-1 Service Fund No. 0195
and for use by the commission as authorized by other law for the
deployment and reliable operation of next generation 9-1-1 service,
including equipment and administration costs, during the two-year
period beginning on the effective date of this Act 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.
(b) In accordance with Section 771.0713(f), Health and
Safety Code, it is the intent of the legislature that all money
appropriated under Subsection (a) of this section be distributed
not later than December 31, 2022, and all money distributed under
this subsection be spent not later than December 31, 2024, for the
purpose described by Subsection (a) of this section.
SECTION 11. DEPARTMENT OF TRANSPORTATION: PRESIDIO CUSTOMS
INSPECTION STATION. The amount of $15,000,000 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.
SECTION 12. 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) 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 a purpose for which money is
appropriated under this Act is an improper use of that money, the
appropriated money not be spent and instead be retained in the
treasury for later legislative appropriation.
SECTION 13. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
appropriations made under Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 of
this Act using money received by this state from the Coronavirus
State Fiscal Recovery Fund (42 U.S.C. Section 802) established
under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are
made in accordance with 42 U.S.C. Section 802(c)(1)(C), which
allows money from the Coronavirus State Fiscal Recovery Fund to be
used to provide government services to the extent of a reduction in
the revenue of a state government caused by the COVID-19 public
health emergency relative to revenues collected in the most recent
full fiscal year of the state government that ended before that
emergency.
SECTION 14. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), and the transfer provisions of Section
65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
Session, 2021 (the Supplemental Appropriations Act), apply to the
appropriations made by this Act to allow appropriate transfer of
appropriations made by this Act as if the appropriations made by the
General Appropriations Act, the Supplemental Appropriations Act,
and this Act were all a part of the same Act, to the extent permitted
by federal law.
SECTION 15. EFFECTIVE DATE. This Act takes effect
immediately.