By:  Ogden                                                        S.B. No. 6  
	(In the Senate - Filed July 6, 2005; July 6, 2005, read 
first time and referred to Committee on Finance; July 7, 2005, 
reported adversely, with favorable Committee Substitute by the 
following vote:  Yeas 14, Nays 0; July 7, 2005, sent to printer.)


COMMITTEE SUBSTITUTE FOR S.B. No. 6                                      By:  Ogden

A BILL TO BE ENTITLED
AN ACT
appropriating money for the support of state government. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) The several sums of money herein specified, or so much thereby as may be necessary, are appropriated out of any funds in the State Treasury not otherwise appropriated, or out of special funds as indicated, for the support, maintenance, or improvement of the designated agencies and institutions of education. (b) Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations and to the extent necessary, by giving all riders under the bill pattern of the agency full force and effect:
TEXAS EDUCATION AGENCY
For the Years Ending August 31, 2006 August 31, 2007 Method of Financing: General Revenue Fund General Revenue Fund $365,640,734 $366,318,466 Available School Fund No. 002, estimated 1,271,000,000 1,622,000,000 State Textbook Fund No. 003, estimated 19,457,832 1,971,597 Foundation School Fund No. 193, estimated 8,556,398,505 7,979,015,981 Certification and Assessment Fees (General Revenue Fund) 18,359,121 18,378,121 GR MOE for Temporary Assistance for Needy Families 2,000,000 2,000,000 Lottery Proceeds, estimated 1,045,000,000 1,046,000,000 Subtotal, General Revenue Fund $11,277,856,192 $11,035,684,165 General Revenue Fund - Dedicated Telecommunications Infrastructure Fund No. 345 115,000,000 115,000,000 Read to Succeed Account No. 5027 42,960 42,960 Subtotal, General Revenue Fund - Dedicated $115,042,960 $115,042,960 Federal Funds Federal Funds 13,153,500 13,153,500 Federal Health, Education and Welfare Fund No. 148 2,939,024,866 2,938,215,169 Federal School Lunch Fund No. 171 1,058,000,000 1,104,000,000 Subtotal, Federal Funds $4,010,178,366 $4,055,368,669 Other Funds Appropriated Receipts (Redistributed Local Revenue), estimated 1,133,000,000 1,284,000,000 State Highway Fund No. 006 50,000,000 50,000,000 Permanent School Fund 6,851,389 6,914,804 Interagency Contracts 451,636 448,905 Subtotal, Other Funds $1,190,303,025 $1,341,363,709 Total, Method of Financing $16,593,380,543 $16,547,459,503 Other Direct and Indirect Costs Appropriated Elsewhere in this Act $1,340,119 $1,319,693 This bill pattern represents an estimated 100% of this agency's estimated total available funds for the biennium. Number of Full-Time-Equivalents (FTE): 797.0 797.0 Schedule of Exempt Positions: Commissioner, Group 6 $164,748 $164,748 Executive Director, State Board for Educator Certification, Group 3 78,000 78,000 Items of Appropriation: A. Goal: PROGRAM LEADERSHIP A.1.1. Strategy: FSP - EQUALIZED OPERATIONS $11,323,400,000 $11,224,000,000 Foundation School Program - Equalized Operations. A.1.2. Strategy: FSP - EQUALIZED FACILITIES $765,000,000 $774,000,000 Foundation School Program - Equalized Facilities. A.2.1. Strategy: STUDENT SUCCESS $253,452,833 $253,463,111 Statewide Initiatives to Further Student Achievement. A.2.2. Strategy: ACHIEVEMENT OF STUDENTS AT RISK $ 1,317,068,251 $ 1,317,121,454 Resources for Low-income and Other At-risk Students. A.2.3. Strategy: STUDENTS WITH DISABILITIES $961,715,519 $961,715,519 Resources for Mentally/Physically Disabled Students A.2.4. Strategy: SCHOOL IMPROVEMENT & SUPPORT PGMS $159,084,132 $159,085,478 Grants for School and Program Improvement and Innovation. A.2.5. Strategy: ADULT EDUCATION & FAMILY LITERACY $74,894,091 $74,894,091 Total, Goal A: PROGRAM LEADERSHIP $14,854,614,826 $14,764,279,653 B. Goal: OPERATIONAL EXCELLENCE B.1.1. Strategy: ASSESSMENT & ACCOUNTABILITY SYSTEM $61,207,441 $61,207,441 B.2.1. Strategy: EDUCATIONAL TECHNOLOGY $42,220,916 $42,245,510 B.2.2. Strategy: SAFE SCHOOLS $56,696,728 $57,460,542 School Safety Programs and Education in Disciplinary Programs. B.2.3. Strategy: CHILD NUTRITION PROGRAMS $ 1,072,400,000 $ 1,118,400,000 B.2.4. Strategy: WINDHAM SCHOOL DISTRICT $57,569,745 $57,569,745 Educational Resources for Prison Inmates. B.3.1. Strategy: IMPROVING TEACHER QUALITY $372,311,979 $372,396,121 Funds for Teacher Training and Education Service Centers. B.3.2. Strategy: AGENCY OPERATIONS $31,552,314 $31,653,501 B.3.3. Strategy: CENTRAL ADMINISTRATION $10,337,833 $10,338,027 B.3.4. Strategy: INFORMATION SYSTEMS - TECHNOLOGY $16,025,761 $13,446,963 Total, Goal B: OPERATIONAL EXCELLENCE $ 1,720,322,717 $ 1,764,717,850 C. Goal: EDUCATOR CERTIFICATION State Board for Educator Certification. C.1.1. Strategy: EDUCATOR QUALITY AND CREDENTIALING $4,165,093 $4,165,093 Educator Credentialing and Educator Preparation Program Review. C.1.2. Strategy: CERTIFICATION EXAM ADMINISTRATION $10,381,994 $10,400,994 Educator Certification Exam Services. Estimatedand nontransferable. C.1.3. Strategy: RETENTION, RECRUITMENT $83,879 $83,879 Retention, Recruitment, and Continuing Professional Development. C.1.4. Strategy: EDUCATOR PROFESSIONAL CONDUCT $3,812,034 $3,812,034 Total, Goal C: EDUCATOR CERTIFICATION $18,443,000 $18,462,000 Grand Total, TEXAS EDUCATION AGENCY $16,593,380,543 $16,547,459,503 Rider 95. Learning Through Listening Educational Outreach Program. Out of the funds appropriated above in Strategy A.2.3, Students with Disabilities, the Commissioner of Education shall expend $1,000,000 in fiscal year 2006 and $1,000,000 in fiscal year 2007 for the purpose of implementing an educational outreach program tied to digital audio textbooks which assists individuals with print disabilities affording reading accommodation by providing instruction and training using digitally recorded audiobooks, playback equipment, and other resources. The program shall target economically disadvantaged students in kindergarten through 12th grade with learning disabilities, dyslexia, vision impairment, and physical disabilities. Rider 96. Contingency Appropriation: Senate Bill 8. Contingent on passage and enactment of Senate Bill 8 or similar legislation relating to certain retired and retirement-eligible education employees, or House Bill 2 or similar legislation relating to public education and public school finance matters, and Senate Bill 5 or similar legislation relating to certain fiscal matters affecting governmental entities by the 79th Legislature, First Called Session, 2005, the following appropriations are hereby made: (1) $35,000,000 for fiscal year 2007 to the Texas Education Agency out of the General Revenue Fund to implement a longevity incentive program as provided for in Senate Bill 8; and (2) $26,700,000 in fiscal year 2006 and $27,800,000 in fiscal year 2007 out of the General Revenue Fund; $1,200,000 in fiscal year 2006 and $1,300,000 in fiscal year 2007 out of General-Revenue Dedicated, Other Educational and General Income; $28,000 in fiscal year 2006 and $29,000 in fiscal year 2007 from the Teacher Retirement System pension trust fund to the Teacher Retirement System to increase the state contribution rate to 6.12 percent of payroll or an amount sufficient to support that contribution rate. Rider 97. Contingency Appropriation: House Bill 2. Contingent on passage and enactment of House Bill 2 or similar legislation relating to public school finance and Senate Bill 5 or similar legislation by the 79th Legislature, First Called Session, 2005, General Revenue funds in the amount of $2,650,000,000 for the 2006-07 biennium shall be used to provide a teacher pay increase of $3,500 per certified teacher by FY 2007, and to implement the provisions of the bill increasing total revenue for the operation of local school districts. Also contingent upon passage of House Bill 2 or similar legislation and Senate Bill 5 or similar legislation by the 79th Legislature, First Called Session, 2005, out of funds appropriated above, the Texas Education Agency shall fund Proclamation 2002 in the amount of $295,000,000. The Legislative Budget Board is directed to make all necessary adjustments to public education agencies, strategies, methods of finance, measures and riders necessary to implement the legislation. The Texas Education Agency shall develop and promulgate rules, subject to prior approval by the Legislative Budget Board and the Governor, as needed to implement the bill. Rider 98. Additional Appropriation. In addition to funds appropriated above in Strategy A.1.2. FSP - Equalized Facilities, an additional $25,000,000 in General Revenue is appropriated in each year of the 2006-07 biennium for the Instructional Facilities Allotment. Rider 99. Contingency Appropriation: House Bill 3. Contingent on passage and enactment of House Bill 3 or similar legislation relating to the reduction of local school district property taxes and increasing state revenues by the 79th Legislature, First Called Session, 2005, General Revenue appropriations to the Texas Education Agency for the Foundation School Program for the 2006-07 biennium shall be increased by the amounts necessary to provide state aid to school districts in an amount commensurate, as determined by the Legislative Budget Board, with the loss in local revenue associated with the tax rate reduction. The Legislative Budget Board is directed to make all necessary adjustments to strategies, methods of finance, measures and riders necessary to implement the legislation. Rider 100. For the purposes of delineating the appropriation authority and expenditure requirements for the Texas Education Agency for the 2006-07 biennium, the Legislative Budget Board is hereby directed to make necessary adjustments to the provisions above and to rider provisions contained in Senate Bill 1, 79th Legislature, Regular Session, 2005. (c) Texas Education Agency Rider 48 in Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended to read as follows: Rider 48. Student Success Initiative. Out of the funds appropriated above in Strategy A.2.1, Student Success, $158,005,369 in General Revenue in fiscal year 2006 and $158,005,369 in General Revenue in fiscal year 2007 are allocated for the Student Success Initiative. The Commissioner shall expend these funds for allocations to schools for the purpose of implementation of scientific, research-based programs for students who have been identified as unlikely to achieve the third grade TAKS reading standard by the end of the third grade, including those students with dyslexia and related disorders, students unlikely to achieve the TAKS reading or math standards by the end of the fifth grade, and/or students unlikely to achieve TAKS reading or math standards in the eighth grade assessments administered in 2008. a. From funds appropriated for the Student Success Initiative, the Commissioner may set aside $15 million for intensive reading instruction programs for schools that have failed to improve student performance in reading and $5 million for intensive [or] math instruction programs for schools that have failed to improve student performance in [reading or] math. The Commissioner shall determine which schools have achieved the least gains in reading or math performance, and shall require those schools to submit a reading or math improvement plan detailing proposed efforts to improve reading or math performance as a condition of receiving funding. The reading or math improvement plan must establish the performance outcome of literacy or numeracy among its student population and outline specific steps that will be taken to achieve that goal. The plan may include the use of technology to achieve reading or math goals. A school identified as in need of improvement in reading or math instruction shall implement only those assessments, progress monitoring instruments, reading or math strategies and programs approved by the Commissioner. Programs must demonstrate a record of proven success in improving student reading or math achievement. b. Adolescent Literacy Initiative. Out of any funds appropriated to the agency, the Commissioner shall set aside $2 million for each year of the 2006-2007 biennium for the development of a supplemental diagnostic screening instrument and intensive reading instruction programs for students determined at risk to not perform at proficient levels on the 8th grade TAKS reading assessment. It is the intent of the legislature that the Texas Education Agency pursue federal funds to provide training in the use of the diagnostic instrument and distribution of the instrument to school districts and charter schools. Any balances as of August 31, 2006 are appropriated for fiscal year 2007 for the same purpose. c. Any balances as of August 31, 2006, are appropriated for fiscal year 2007 for the same purposes. (d) Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations:
TEACHER RETIREMENT SYSTEM
For the Years Ending August 31, 2006 August 31, 2007 Method of Financing: General Revenue Fund $37,536,348 $66,871,003 Total, Method of Financing $37,536,348 $66,871,003 Items of Appropriation: A. Goal: TEACHER RETIREMENT SYSTEM To administer the System as an Employee Benefit Trust. A.1.1. Strategy: TRS-PUBLIC EDUCATION RETIREMENT $37,536,348 $66,871,003 Retirement Contributions for Public Education Employees. Estimated. Grand Total, TEACHER RETIREMENT SYSTEM $37,536,348 $66,871,003 (e) Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations:
TEXAS A&M UNIVERSITY - KINGSVILLE
For the Years Ending August 31, 2006 August 31, 2007 Method of Financing: General Revenue Fund $5,000,000 $5,000,000 Total, Method of Financing $5,000,000 $5,000,000 Items of Appropriation: 1. Educational and General State Support $5,000,000 $5,000,000 Grand Total, TEXAS A&M UNIVERSITY - KINGSVILLE $5,000,000 $5,000,000 1. Informational Listing of Additional Appropriated Funds. C. Goal:PROVIDE SPECIAL ITEM SUPPORT C.1.2. STRATEGY:IRMA RANGEL COLLEGE OF PHARMACY $5,000,000 $5,000,000 (f) Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations:
TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER
For the Years Ending August 31, 2006 August 31, 2007 Method of Financing: General Revenue Fund $22,500,000 $22,500,000 Total, Method of Financing $22,500,000 $22,500,000 Items of Appropriation: 1. Educational and General State Support $22,500,000 $22,500,000 Grand Total, TEXAS TECH UNIVERSITY HEALTH SCIENCES CENTER $22,500,000 $22,500,000 1. Informational Listing of Additional Appropriated Funds. D. Goal:PROVIDE SPECIAL ITEM SUPPORT D.1.6. STRATEGY:EL PASO - MEDICAL $22,500,000 $22,500,000 (g) Article III, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations:
SPECIAL PROVISIONS RELATING ONLY TO
STATE AGENCIES OF HIGHER EDUCATION
Sec. 62. Contingency Appropriation. Contingent upon enactment of House Bill 6 or similar legislation relating to authorization for issuance of tuition revenue bonds, there is hereby appropriated $110,000,000 in General Revenue for the 2006-07 biennium for the purpose of paying debt service on the bonds authorized in the legislation. The debt service appropriations shall be transferred to affected institutions of higher education based on a plan developed by the Texas Higher Education Coordinating Board and approved by the Legislative Budget Board. SECTION 2. (a) The several sums of money herein specified, or so much thereby as may be necessary, are appropriated out of any funds in the State Treasury not otherwise appropriated, or out of special funds as indicated, for the support, maintenance, or improvement of the judiciary and other judicial service units of the state. (b) Article IV, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations:
SPECIAL PROVISIONS - JUDICIARY
Sec. 16. (a) Contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges, and the Comptroller of Public Accounts issuing a finding of fact certifying additional revenue collections from fees, fines, and court costs during the 2006-07 biennium that exceed the Comptroller of Public Accounts Biennial Revenue Estimate for these items by at least $17,808,761 in fiscal year 2006 and $23,461,314 in fiscal year 2007, the Comptroller of Public Accounts is hereby appropriated an amount estimated to be $34,551,075 out of the Judicial Fund No. 573 and $6,719,000 out of the General Revenue Fund to fund a salary increase described in Subsection (b) of this Section and related benefits costs for state judges and other court personnel linked to the salary of state judges in the Government Code, and to fund the creation of new district courts as described in Subsection (k) of this Section. (b) As used in this section, 'salary increase' shall mean an increase in annual salary for state judges to begin on November 1, 2005, and September 1, 2006, or on another date, contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges. (c) Any increase in employee benefits costs associated with the salary increase as described above shall be paid only out of the appropriations made above in Subsection (a), including $6,679,000 out of the General Revenue Fund for the purposes of funding the increased costs to the Judicial Retirement System - Plan I. (d) Provisions requiring salaries and benefits to be proportional to the source of funds shall apply to all sums allocated under this section, except as otherwise provided. Each court or agency shall pay the increase in compensation from funds held in the state treasury and from local funds in the same proportion as the employee's regular compensation. (e) The Comptroller of Public Accounts shall promulgate rules and regulations as necessary to administer this section. Funds appropriated in this section shall be allocated to each court or agency, and to the appropriate employee benefit appropriation items, in accordance with such rules and regulations and may be used only for the purpose of providing a salary increase and paying associated employee benefit costs. (f) This section does not authorize an increase of exempt salary rates above the rates provided in House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges. (g) Contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges, the Comptroller of Public Accounts shall increase appropriations out of the Judicial Fund No. 573 and decrease appropriations out of the General Revenue Fund by $3,054,000 in fiscal year 2006 and by $3,665,000 for Strategy D.1.1, District Judges made in Senate Bill 1 by the Seventy-ninth Legislature, Regular Session, 2005, to the Judiciary Section, Comptroller's Department. (h) Contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges that redirects payments for salary supplements for local administrative judges from Government Code § 659.0125 to Government Code § 659.012(d), the description for Strategy A.1.4, Local Administrative Judge Supplement in the bill pattern for the Judiciary Section, Comptroller's Department in Senate Bill 1 by the Seventy-ninth Legislature, Regular Session, 2005, is replaced with the following description: Per Government Code § 659.012(d). (i) Included in amounts appropriated above in Subsection (a) is $20,000 out of the General Revenue Fund for each fiscal year for the purposes of funding $5,000 salary supplements to additional judges eligible for such supplements under Government Code § 659.012(d). (j) Contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges that increases the state salary supplement paid to certain constitutional county judges under Government Code § 26.006(a) the name and description for Strategy C.1.1, Constitutional County Judge General Revenue Supplement in the bill pattern for the Judiciary Section, Comptroller's Department in Senate Bill 1 by the Seventy-ninth Legislature, Regular Session, 2005, is replaced with the following name and description: Constitutional County Judge General Revenue and Judicial Fund No. 573 Supplement: Salary supplement per Government Code § 26.006. Estimated. (k) Contingent on passage of House Bill 11 or similar legislation by the Seventy-ninth Legislature, First Called Session, 2005, relating to compensation of state judges, included in amounts appropriated above in Subsection (a) is an amount estimated to be $469,125 in fiscal year 2006 and estimated to be $748,800 in fiscal year 2007 out of the Judicial Fund No. 573 to the Judiciary Section, Comptrollers Department for additional district courts created on or after September 1, 2005, by Senate Bill 1189, Seventy-ninth Legislature, Regular Session, 2005. SECTION 3. (a) The several sums of money herein specified, or so much thereby as may be necessary, are appropriated out of any funds in the State Treasury not otherwise appropriated, or out of special funds as indicated, for the support, maintenance, or improvement of the designated public safety and criminal justice agencies. (b) Article V, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following appropriations and to the extent necessary, by giving all riders under the bill pattern of the agency full force and effect:
TEXAS MILITARY FACILITIES COMMISSION
For the Years Ending August 31, 2006 August 31, 2007 Method of Financing: General Revenue Fund General Revenue Fund $1,337,808 $1,651,690 Federal Funds 662,362 1,895,528 Other Funds Current Fund Balance 949,788 971,939 Interagency Contracts 4,052,409 4,120,411 Bond Proceeds - Revenue Bonds 0 9,206,545 Subtotal, Other Funds $5,002,197 $14,298,895 Total, Method of Financing $7,002,367 $17,846,113 This bill pattern represents an estimated 100% of this agency's estimated total available funds for the biennium. Number of Full-Time-Equivalents (FTE): 40.0 40.0 Schedule of Exempt Positions: Executive Director, Group 2 $67,000 $67,000 Per Diem of Board Members 5,700 5,700 Items of Appropriation: A. Goal:MAINTAIN PROPERTIES A.1.1. Strategy:BUILDING MAINTENANCE $3,486,846 $12,807,288 Evaluate and Maintain Buildings and Facilities. A.1.2. Strategy:DEBT SERVICE $2,872,333 $3,156,691 Debt Service - Rent from Adjutant General. Total, Goal A:MAINTAIN PROPERTIES $6,359,179 $15,963,979 B. Goal:CONSTRUCT AND RENOVATE FACILITIES Construct And Renovate Facilities To Achieve Energy Efficiency/Safety. B.1.1. Strategy:NEW FACILITY CONSTRUCTION $0 $1,245,937 B.1.2. Strategy:RENOVATION OF EXISTING FACILITIES $210,089 $196,451 Total, Goal B:CONSTRUCT AND RENOVATE FACILITIES $210,089 $1,442,388 C. Goal:INDIRECT ADMINISTRATION C.1.1. Strategy:INDIRECT ADMINISTRATION $433,099 $439,746 Grand Total,TEXAS MILITARY FACILITIES COMMISSION $7,002,367 $17,846,113 Rider 16. For the purposes of delineating the appropriation authority and expenditure requirements for the Texas Military Facilities Commission for the 2006-07 biennium, the Legislative Budget Board is hereby directed to make necessary adjustments to the provisions above and to rider provisions contained in Senate Bill 1, 79th Legislature, Regular Session, 2005. SECTION 4. The amount of general revenue funds appropriated by the 79th Legislature, Regular Session, 2005, for the state fiscal biennium beginning September 1, 2005, for the Texas Higher Education Coordinating Board is increased by $200,000 (estimated) for the biennium to implement the provisions of the legislation establishing the "College for Texans" specialty license plate. The funds provided to the "College for Texans" campaign are appropriated in accordance with Section 504.657, Transportation Code, for the purposes of the "College for Texans" campaign. All receipts received during the biennium, estimated to be $200,000, in the general-revenue-dedicated "College for Texans" campaign account are hereby appropriated to the coordinating board for the biennium ending August 31, 2007. Any balances on hand at the end of fiscal year 2006 may be carried over to fiscal year 2007 and such funds are appropriated for fiscal year 2007 for the same purpose. SECTION 5. Article II, Senate Bill 1, Acts of the 79th Legislature, Regular Session, 2005 (the General Appropriations Act), is amended by adding the following rider to the Department of Assistive and Rehabilitative Services bill pattern: Rider 31. Contingency for House Bill 2. Contingent upon enactment of House Bill 2 or similar legislation relating to public education and public school finance matters by the 79th Legislature, First Called Session, 2005, $1,657,877 in fiscal year 2006 and $3,267,736 in fiscal year 2007 shall be set aside from the special education allotment out of funds appropriated to the Texas Education Agency and transferred to the Department of Assistive and Rehabilitative Services via interagency contract for the purpose of providing transition services to students with disabilities through the Vocational Rehabilitation Program. Those funds shall be classified as Interagency Contracts - Transfer from Foundation School Fund No. 193. The matching vocational rehabilitation federal funds are estimated to be $6,125,524 in fiscal year 2006 and $12,073,631 in fiscal year 2007. Funds shall be transferred by October 1 of each fiscal year. In addition to the Texas Education Agency special education funds, it is the intent of the legislature that vocational rehabilitation federal funds be used to fund this program in the amount of $1,657,877 in fiscal year 2006 and $3,267,736 in fiscal year 2007. Before expenditure of other funds received through interagency contract with the Texas Education Agency, the Department of Assistive and Rehabilitative Services shall report in writing to the Legislative Budget Board and the Governor the amount of state and federal funds the agency will allocate to transition services in Strategies B.1.3 and B.3.1 in the appropriation to the Department of Assistive and Rehabilitative Services made by Senate Bill 1, 79th Legislature, Regular Session, 2005, in each fiscal year of the biennium. The report shall include the number of students with disabilities expected to be served, services to be provided with the funds, and any other details of the transition services requested by the Legislative Budget Board or the Governor. Contingent upon enactment of House Bill 2 or similar legislation by the 79th Legislature, First Called Session, 2005, the Department of Assistive and Rehabilitative Services shall enter into a Memorandum of Understanding (MOU) with the Texas Education Agency for the purpose of providing transition services to students with disabilities through the Vocational Rehabilitation Program. The MOU may include provisions the agencies consider necessary. The Department of Assistive and Rehabilitative Services shall provide a signed copy of the MOU to the Legislative Budget Board and the Governor not later than September 1, 2005, and September 1, 2006. The Department of Assistive and Rehabilitative Services shall submit quarterly reports to the Legislative Budget Board and the Governor that provide information about the number of students with disabilities served in Strategies B.1.3 and B.3.1 and details of funded services. The format of the reports and details of information included shall be specified by the Legislative Budget Board. On enactment of House Bill 2 or similar legislation by the 79th Legislature, First Called Session, 2005, performance measure targets will be adjusted for Strategy B.1.3 (Number of Consumers Served) and Strategy B.3.1 (Number of Consumers Served) to reflect the contingency appropriation. SECTION 6. The Health and Human Services Commission is hereby authorized to use funds appropriated for Fiscal Year 2006 to reimburse the University of Houston for contract services provided during Fiscal Years 2001 and 2002 under the Tobacco Prevention and Control Program in the amount of $551,504.14. SECTION 7. Appropriations made in Article IX, Section 13.18 of Senate Bill 1, 79th Legislature, Regular Session, 2005, from the General Revenue Fund, General Revenue-Dedicated Accounts, and General Revenue related funds are reduced by: (1) the amount of appropriation made in Section 1 of this Act to the Texas Education Agency from the General Revenue Fund for the fiscal year ending August 31, 2006 ($11,277,856,192); (2) the amount of the appropriation made in Section 1 of this Act to the Texas Education Agency from the General Revenue Fund for the fiscal year ending August 31, 2007 ($11,035,684,165); (3) the amount of the appropriation made in Section 1 of this Act to the Texas Education Agency from the General Revenue Fund - Dedicated for the fiscal year ending August 31, 2006 ($115,042,960); (4) the amount of the appropriation made in Section 1 of this Act to the Texas Education Agency from the General Revenue Fund - Dedicated for the fiscal year ending August 31, 2007 ($115,042,960); and (5) the amount of appropriation made in Section 3 of this Act from the same sources. SECTION 8. This Act takes effect immediately.
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