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.