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.