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A BILL TO BE ENTITLED
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AN ACT
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relating to state budget execution authority for certain federal |
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funds. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 317, Government Code, is amended by |
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adding Subchapter A-1 to read as follows: |
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SUBCHAPTER A-1. CERTAIN FEDERAL FUNDS |
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Sec. 317.031. DEFINITIONS. In this subchapter: |
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(1) "Board" means the board on administration of |
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federal funds. |
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(2) "Federal funds" includes contract or grant funds |
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made available to the state under federal law or regulation. |
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Sec. 317.032. BOARD ON ADMINISTRATION OF FEDERAL FUNDS; |
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QUORUM; MEETINGS. (a) The board on administration of federal funds |
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consists of: |
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(1) the lieutenant governor; |
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(2) the speaker of the house of representatives; |
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(3) the chairman and vice-chairman of the senate |
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finance committee; and |
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(4) the chairman and vice-chairman of the house |
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appropriations committee. |
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(b) The lieutenant governor and the speaker are joint chairs |
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of the committee. |
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(c) A majority of the members of the board from each house |
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constitutes a quorum to transact business. If a quorum is present, |
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the board may act on any matter that is within its jurisdiction by a |
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majority vote. |
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(d) The board shall meet as often as necessary to perform |
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its duties. Meetings may be held at any time at the request of |
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either of the joint chairs of the board. |
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(e) The board shall meet in Austin, except that if a |
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majority of the members of the board from each house agree, the |
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board may meet in any location determined by the board. |
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Sec. 317.033. TYPES OF PROPOSALS RELATED TO CERTAIN FEDERAL |
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FUNDS. (a) The board may propose: |
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(1) the acceptance or rejection of federal funds made |
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available to state after the effective date of the general |
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appropriations bill the availability of which could not have been |
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reasonably anticipated or included in the act before its final |
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passage by the legislature; |
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(2) that the authority to spend, obligate the |
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expenditure of, or distribute part or all of an appropriation of |
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federal funds made to a state agency: |
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(A) be transferred to another state agency to be |
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used for a specified purpose; or |
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(B) be retained by the agency to which the |
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appropriation was made but used for a purpose different from or |
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additional to the purpose for which the appropriation was made; or |
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(3) allocation of accepted federal funds to a state |
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agency for a stated purpose that cannot otherwise be allocated to a |
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state agency and expended for an existing purpose, including a |
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grant or loan program or a funding formula. |
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(b) An acceptance or rejection of federal funds described by |
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Subdivision (a)(1) on behalf of the state is not effective unless a |
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proposal is ratified as provided under this subchapter. To the |
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extent of a conflict between this subsection and any other state |
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law, including Section 401.041, this subsection controls. |
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Sec. 317.034. TIME AND SCOPE OF PROPOSAL. (a) The board |
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may make a proposal at any time except during a regular or special |
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session of the legislature. A proposal may apply to an |
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appropriation that has been made for any specified fiscal year that |
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has not ended at the time the proposal is made. |
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Sec. 317.035. PUBLICATION OF PROPOSAL. A proposal under |
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Section 317.033 must specify the details of the proposal, |
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including, for a proposal made under Section 317.033(a)(1), a |
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statement explaining why the availability of federal funds could |
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not have been reasonably anticipated before final passage of the |
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general appropriations act. The board shall direct the secretary |
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of state to publish each proposal, including any accompanying |
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statements, in the Texas Register. |
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Sec. 317.036. ACTION ON PROPOSAL. (a) After a proposal |
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under this subchapter is published in the Texas Register, the board |
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shall conduct a public hearing on the proposal. The board shall |
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give notice of a hearing under this section in the manner provided |
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by law for notice of regular meetings of the board. The board also |
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shall provide notice by mail of its meetings to each member of the |
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Legislature. The notice of the meeting must include a description |
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of the nature of the proposal or order to be considered. If the |
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agenda includes a public hearing on a proposal, the notice must so |
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state. |
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(b) After a hearing and at a meeting held not less than 10 |
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days after the date notice of the meeting was given in the manner |
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provided for regular board meetings, the board, subject to the |
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restrictions provided by Subsection (d), may: |
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(1) ratify the proposal by adopting an order changing |
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the relevant appropriation in the manner specified in the proposal; |
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(2) amend and then ratify the proposal as under |
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Subdivision (1); or |
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(3) reject the proposal. |
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(c) An amendment to a proposal may change: |
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(1) the proposed amount of money accepted, rejected, |
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allocated, spent, obligated, distributed, or transferred; |
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(2) the proposed purpose for which the appropriation |
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may be used; |
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(3) the proposed period for which an appropriation may |
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be expended, obligated, or distributed; |
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(4) the source or recipient of a proposed transfer; or |
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(5) a proposed time of distribution or availability of |
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the appropriation that is the subject of the proposal. |
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(d) The board may not adopt an order under this section: |
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(1) expressly postponing the time, whether set by |
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appropriations act or general law, that an appropriation is |
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distributed or otherwise made available to a state agency, for a |
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period that exceeds 180 days; |
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(2) reducing or eliminating an appropriation for the |
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salary of an elected state official or a member of a board or |
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commission appointed by the governor; or |
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(3) reducing or eliminating an appropriation to a |
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state agency that receives appropriations under the article of the |
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General Appropriations Act that makes appropriations to the |
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legislative branch. |
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(e) The affirmative vote of a majority of the members of the |
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board from each house is necessary for the adoption of an order by |
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the board under this section. |
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(f) If the board adopts an order under this section, the |
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board shall notify the comptroller and the affected state agencies. |
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The board shall file a copy of the order with the secretary of state |
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for publication in the Texas Register. |
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Sec. 317.037. EXPIRATION OF PROPOSAL. A proposal made |
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under this subchapter expires if a regular or special session of the |
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legislature begins before the board has ratified the proposal. |
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Sec. 317.038. EFFECTIVE AND EXPIRATION DATES OF ORDER. (a) |
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An order adopted by the board under this chapter takes effect on the |
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date of adoption, unless the order specifies a later date. |
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(b) An order adopted under this subchapter expires at the |
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end of the fiscal year to which by its terms it applies, except that |
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an order may specify an earlier expiration date or a later date that |
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does not extend beyond the end of the biennium containing each |
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fiscal year to which the order applies. |
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Sec. 317.039. ENFORCEMENT OF ORDER. During the period for |
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which an order adopted under this chapter is effective, in regard to |
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affected appropriations the comptroller may approve vouchers and |
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may issue warrants only in accordance with the terms of the order. |
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Sec. 317.040. SUPERSESSION OF ORDER. An unexpired order |
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adopted under this subchapter may be superseded by subsequent |
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action of the board taken as provided by this subchapter, by |
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enactment of a law to the contrary by the legislature, or by |
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adoption of a constitutional amendment having contradictory |
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effect. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2021. |