81R18001 E

By: Eiland, et al. H.B. No. 6

Substitute the following for H.B. No. 6:

By: Pitts C.S.H.B. No. 6

A BILL TO BE ENTITLED

AN ACT

relating to appropriations for damages and disruptions suffered by state agencies and institutions of higher education caused by natural disasters and to an appropriation for disaster relief generally.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY NATURAL DISASTERS. The following amounts are appropriated out of the economic stabilization fund to the following agencies and institutions of higher education for the two-year period beginning on the effective date of this Act for the purpose of paying for, or reimbursing payments made for, costs incurred by the agencies or institutions associated with damages or disruptions caused by natural disasters that occurred before the effective date of this Act during the state fiscal biennium that began September 1, 2007:

(1) UT Medical Branch at Galveston: $300,000,000;

(2) Brazosport College: $120,111;

(3) Parks and Wildlife Department: $60,849,794;

(4) Health and Human Service Commission: $47,416,821;

(5) UT M.D. Anderson Cancer Center: $1,725,995;

(6) Alvin College: $12,043,688;

(7) Texas A&M Galveston: $7,458,118;

(8) Texas Forest Service: $385,091;

(9) Houston Community College: $6,030,680;

(10) Department of Criminal Justice: $32,387,608;

(11) Commission on Environmental Quality: $4,598,100;

(12) San Jacinto College: $3,700,000;

(13) Galveston College: $491,844;

(14) Texas A&M University: $979,000;

(15) Texas Engineering Extension Service: $1,190,794;

(16) Adjutant General's Department: $1,244,007;

(17) The University of Texas at Brownsville: $1,178,189;

(18) Lamar University: $2,803,561;

(19) Lamar Institute of Technology: $2,007,758;

(20) Lamar State College: Port Arthur: $1,082,754;

(21) Texas Southern University: $17,884,439;

(22) College of the Mainland: $704,945;

(23) The University of Texas Pan American: $102,258;

(24) Texas AgriLife Research: $281,428;

(25) General Land Office and Veterans' Land Board: $35,220,100;

(26) Angelina College: $142,245;

(27) Texas A&M Corpus Christi: $59,145;

(28) Texas AgriLife Extension Service: $143,378;

(29) The University of Texas Health Center at Tyler: $2,898,557;

(30) The University of Texas Health Science Center at Houston: $8,520,839;

(31) University of Houston System Administration: $7,339,000;

(32) Texas State Technical College: Harlingen: $904,558;

(33) Lamar State College: Orange: $693,691;

(34) Prairie View A&M University: $488,864;

(35) Stephen F. Austin State University: $434,075;

(36) Tyler Junior College: $215,688;

(37) Sam Houston State University: $118,841;

(38) The University of Texas Health Science Center at San Antonio: $89,436;

(39) Texas A&M University-Commerce: $39,694;

(40) Lee College: $137,554; and

(41) Department of Agriculture: $20,000,000.

SECTION 2. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY WILDFIRES. The amount of $9,384,231 is appropriated out of the economic stabilization fund to the Texas Forest Service for the two-year period beginning on the effective date of this Act for the purpose of paying for, or reimbursing payments made for, costs incurred by the Texas Forest Service associated with wildfires that occurred before the effective date of this Act during the state fiscal biennium that began September 1, 2007.

SECTION 3. APPROPRIATIONS FOR GENERAL COSTS CAUSED BY FLOODING. The following amounts are appropriated out of the economic stabilization fund to the following agencies and institutions of higher education for the two-year period beginning on the effective date of this Act for the purpose of paying for, or reimbursing payments made for, costs incurred by the agencies or institutions associated with flooding that occurred before the effective date of this Act during the state fiscal biennium that began September 1, 2007:

(1) Texas Forest Service: $69,339; and

(2) Texas Engineering Extension Service: $2,106,560.

SECTION 4. APPROPRIATIONS FOR DISASTER RELIEF GENERALLY. (a) The amount of $250 million is appropriated out of the economic stabilization fund as disaster funding for the two-year period beginning on the effective date of this Act for the purpose of providing disaster relief.

(b) The amounts appropriated by Subsection (a) of this section may be expended only serially as required to respond to past or future declared disasters. The Legislative Budget Board and the governor shall determine appropriate allocation of the amounts appropriated in Subsection (a).

(c) Out of the funds appropriated by this section, the amount of $100 million shall be provided to localities that are suffering financial hardship as a result of declared disasters, including wildfires, flooding, and other natural disasters, for the purpose of:

(1) providing local matching funds for FEMA qualifying projects; or

(2) preventing default on outstanding bonds or meeting other financial requirements.

SECTION 5. CERTAIN REIMBURSEMENTS FROM FEDERAL GOVERNMENT. If any state agency or institution of higher education receives reimbursement from the federal government for an expenditure paid for or reimbursed with money appropriated under Section 4 of this Act, the agency or institution shall reimburse the disaster funds strategy for appropriations to trusteed programs within the office of the governor for the amount paid for both by the Section 4 appropriation and the federal reimbursement.

SECTION 6. CONTINGENT APPROPRIATION: WEALTH PER STUDENT LIMITATION. Contingent on the enactment of legislation relating to an exception to the wealth per student limitation for school districts that, as a result of natural disasters, are suffering financial hardship and also contingent on a declaration of a state or national emergency, an amount not to exceed $18 million is appropriated out of the economic stabilization fund to the Texas Education Agency for the two-year period beginning on the effective date of this Act for the purpose of allowing certain school districts to retain recapture payments in order to respond to a disaster.

SECTION 7. REIMBURSEMENT TO ECONOMIC STABILIZATION FUND. Except as provided by Section 5 of this Act, if any state agency or institution of higher education receives reimbursement from the federal government for an expenditure paid for or reimbursed under this Act, the agency or institution shall reimburse the state for the amount paid for both by this Act and the federal reimbursement, and that amount is appropriated to the economic stabilization fund in accordance with Subsection (f), Section 49-g, Article III, Texas Constitution.

SECTION 8. TEXAS DEPARTMENT OF TRANSPORTATION: FM 170 REPAIRS. An amount not to exceed $1 million is appropriated out of the economic stabilization fund to the Texas Department of Transportation for the two-year period beginning on the effective date of this Act for the purpose of repairing the damage caused by flooding to Farm-to-Market Road 170 in Brewster and Presidio Counties. It is the intent of the legislature that this work be completed not later than December 31, 2009.

SECTION 9. APPROPRIATIONS ALLOCATED TO APPROPRIATE GENERAL APPROPRIATIONS ACT STRATEGIES. The agencies and institutions receiving appropriations made by this Act shall allocate the appropriations to the appropriate General Appropriations Act strategies.

SECTION 10. REQUIRED VOTE FOR ECONOMIC STABILIZATION FUND APPROPRIATIONS. This Act takes effect only if this Act receives a two-thirds vote of the members present in each house as required by Section 49-g, Article III, Texas Constitution.

SECTION 11. EFFECTIVE DATE. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, then except as otherwise provided by this Act, this Act takes effect on the 91st day after the last day of the legislative session.