75R12695 GCH-F By Ratliff S.B. No. 1898 Substitute the following for S.B. No. 1898: By Junell C.S.S.B. No. 1898 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to making emergency appropriations. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. TEXAS DEPARTMENT OF HUMAN SERVICES. In addition 1-5 to amounts previously appropriated for the current fiscal biennium, 1-6 the sum of $3,517,300, consisting of federal funds from the 1-7 Temporary Assistance for Needy Families block grant, is 1-8 appropriated to the Texas Department of Human Services for the 1-9 two-year period beginning on the effective date of this Act for the 1-10 purpose of making modifications to automation systems necessary to 1-11 administer the federal grants. 1-12 SECTION 2. TEXAS HIGHER EDUCATION COORDINATING BOARD. In 1-13 addition to amounts previously appropriated for the current fiscal 1-14 biennium, the sum of $275,000 is appropriated out of the general 1-15 revenue fund to the Texas Higher Education Coordinating Board for 1-16 the two-year period beginning on the effective date of this Act for 1-17 the purpose of providing additional funding for the Texas 1-18 Pre-freshman Engineering Program. 1-19 SECTION 3. TEXAS DEPARTMENT OF CRIMINAL JUSTICE. From the 1-20 amounts previously appropriated to the Texas Department of Criminal 1-21 Justice out of general obligation bond proceeds for the biennium 1-22 ending August 31, 1997, the sum of $653,211 is reappropriated to 1-23 the Texas Department of Criminal Justice for the purpose of paying 1-24 a settlement in the case of Lucia, Inc. v. Manhattan Construction 2-1 Company, Inc., et al. v. The State of Texas, et al., contingent on 2-2 the receipt by the State of Texas of a full and complete release 2-3 from all claims in causes of action related to the case by each 2-4 party to the case. 2-5 SECTION 4. TEXAS SOUTHERN UNIVERSITY. (a) In addition to 2-6 amounts previously appropriated for the current fiscal biennium, 2-7 the sum of $10,400,000 is appropriated out of the general revenue 2-8 fund to Texas Southern University for the two-year period beginning 2-9 on the effective date of this Act for the purpose of funding 2-10 existing financial obligations of the university. 2-11 (b) Funds appropriated by Subsection (a) of this section 2-12 may be released for expenditure by the university only in 2-13 conformance with guidelines requiring the documentation of any 2-14 prior events or occurrences that have contributed to the financial 2-15 deficit being addressed by the expenditure of funds appropriated by 2-16 Subsection (a). The guidelines shall be developed by the 2-17 comptroller in consultation with the office of the state auditor. 2-18 (c) None of the funds appropriated by Subsection (a) of this 2-19 section may be expended by the university unless the university 2-20 enters into an agreement with the comptroller to refund to the 2-21 general revenue fund any reimbursements or other payments received 2-22 from the federal government related to the financial deficit 2-23 addressed by the appropriation made by Subsection (a) of this 2-24 section. 2-25 SECTION 5. TEXAS A&M UNIVERSITY AT GALVESTON. In addition 2-26 to amounts previously appropriated for the current fiscal biennium, 2-27 the sum of $300,000 is appropriated out of the general revenue fund 3-1 to Texas A&M University at Galveston for the period beginning on 3-2 the effective date of this Act and ending December 31, 1997, for 3-3 the purpose of restoration and rehabilitation of the severe 3-4 shoreline erosion in the small boat basin at Texas A&M University 3-5 at Galveston. 3-6 SECTION 6. TEXAS NATURAL RESOURCE CONSERVATION COMMISSION: 3-7 CONTRACT PAYMENT. (a) In addition to amounts previously 3-8 appropriated for the current fiscal biennium, the sum of 3-9 $11,000,000 is appropriated out of the Clean Air Account No. 151 to 3-10 the Texas Natural Resource Conservation Commission for the two-year 3-11 period beginning on the effective date of this Act for the purpose 3-12 of making a payment to MARTA Technologies, Inc., in full and 3-13 complete satisfaction of a contract relating to the motor vehicle 3-14 inspection and maintenance program dated September 10, 1993, and 3-15 without requiring any further accounting of, or an offset for, the 3-16 sale of land, buildings, or equipment currently owned or held by 3-17 MARTA Technologies, Inc. 3-18 (b) Any payment out of the appropriation made by Subsection 3-19 (a) of this section to MARTA Technologies, Inc., is made 3-20 contingent on the prior execution of a release to the state by 3-21 MARTA Technologies, Inc., by which the party accepting the 3-22 appropriation agrees that the appropriation is full and final 3-23 satisfaction of all claims it has asserted, or that it may assert 3-24 in the future, relating to the emission control contract executed 3-25 under the emission control program authorized by Chapter 548, 3-26 Transportation Code, that is the basis of this appropriation and 3-27 agrees further to indemnify and hold harmless the State of Texas 4-1 and its agencies, institutions, and departments against all claims 4-2 that may be asserted against the State of Texas and its agencies, 4-3 institutions, and departments resulting from that emission control 4-4 contract. 4-5 (c) In appropriating money to the Texas Natural Resource 4-6 Conservation Commission for the purpose of payment to MARTA 4-7 Technologies, Inc., it is the intent of the legislature that the 4-8 act of appropriating this money in no way creates an obligation on 4-9 the part of the legislature or any state agency, institution, or 4-10 department to pay any amounts requested by any party to a contract 4-11 regarding the emission control program authorized by Chapter 548, 4-12 Transportation Code. It is also the intent of the legislature that 4-13 the maximum amount to be expended from the appropriation cannot 4-14 exceed the amount established by the independent Price-Waterhouse 4-15 report and recommended by the Texas Natural Resource Conservation 4-16 Commission. 4-17 (d) Notwithstanding Section 382.0622(c), Health and Safety 4-18 Code, the Texas Natural Resource Conservation Commission is 4-19 authorized to expend funds appropriated out of the Clean Air 4-20 Account No. 151 for the payment of judgments or the settlement of 4-21 claims to the extent that the expenditure is not prohibited by the 4-22 Act appropriating the funds. 4-23 SECTION 7. EMERGENCY. The importance of this legislation 4-24 and the crowded condition of the calendars in both houses create an 4-25 emergency and an imperative public necessity that the 4-26 constitutional rule requiring bills to be read on three several 4-27 days in each house be suspended, and this rule is hereby suspended, 5-1 and that this Act take effect and be in force from and after its 5-2 passage, and it is so enacted.