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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring that Texas state government has sufficient |
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general law authority to apply for and receive the maximum amount of |
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|
federal funds available under the American Recovery and |
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|
Reinvestment Act of 2009 and any subsequent federal economic |
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|
stimulus legislation that may make funds available to this state |
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|
during the current or during the next state fiscal biennium. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEPARTMENT OF PUBLIC SAFETY. Subchapter A, |
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Chapter 411, Government Code, is amended by adding Section 411.0139 |
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to read as follows: |
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Sec. 411.0139. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
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|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
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|
AND LIMITATIONS. (a) The department shall take action in |
|
|
accordance with this section to apply for and receive the maximum |
|
|
amount of federal stimulus money available to this state for |
|
|
expenditure by or through the department. To that end the |
|
|
department shall study appropriate provisions of the American |
|
|
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any |
|
|
subsequent federal economic stimulus legislation that may make |
|
|
federal stimulus money available to the department and any federal |
|
|
regulations and executive orders connected to the federal |
|
|
legislation to determine: |
|
|
(1) the extent to which the department has sufficient |
|
|
authority under existing state law to apply for, receive, and |
|
|
expend or grant federal stimulus money through existing state |
|
|
programs; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the department under |
|
|
existing state programs provided that one or more requirements |
|
|
applicable to the programs are modified in accordance with the |
|
|
requirements of federal law; and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the department's general |
|
|
mission but for which there is not currently a program authorized |
|
|
under state law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the department, the department shall whenever possible |
|
|
apply for, receive, and expend or grant the money in accordance with |
|
|
an existing state program for which no modifications to applicable |
|
|
program requirements are necessary under federal law. |
|
|
(c) When the department determines that modifications to |
|
|
the requirements applicable to an existing program are necessary |
|
|
under federal law to receive and expend or grant the maximum amount |
|
|
of federal stimulus money, the commission shall adopt rules that |
|
|
modify the requirements applicable to the existing program to the |
|
|
minimum extent necessary to comply with applicable federal |
|
|
requirements. Rules adopted under this subsection may be initially |
|
|
adopted as emergency rules if necessary to receive the maximum |
|
|
amount of federal stimulus money. In its notice proposing the rule |
|
|
and its order adopting the rule, the commission must state the |
|
|
reasons why the commission believes modifications to program |
|
|
requirements are necessary to receive the maximum amount of federal |
|
|
stimulus money under the applicable federal law. The department |
|
|
shall apply for, receive, and expend or grant the maximum amount of |
|
|
federal stimulus money available for the program as modified by |
|
|
commission rule. |
|
|
(d) When the department determines that federal stimulus |
|
|
money is available for a purpose within the department's general |
|
|
mission but that there is no program administered by the department |
|
|
or another state governmental entity under which the federal |
|
|
stimulus money may be spent even if program modifications are made |
|
|
to conform to federal requirements, the commission by rule shall |
|
|
create a program consistent with the department's general mission |
|
|
and federal requirements and the department shall apply for, |
|
|
receive, and expend the federal stimulus money under the program |
|
|
created by rule. Rules adopted under this subsection may be |
|
|
initially adopted as emergency rules if necessary to receive the |
|
|
maximum amount of federal stimulus money. In its notice proposing |
|
|
the rule and its order adopting the rule, the commission must state |
|
|
the reasons why the commission believes no program currently exists |
|
|
under which, even with modifications, the department or another |
|
|
state governmental entity could apply for, receive, and expend |
|
|
federal stimulus money available for the particular purpose of the |
|
|
new program under the applicable federal law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the department that |
|
|
detail, limit, or direct, in a manner consistent with federal |
|
|
requirements, how the money may be spent. |
|
|
(f) Except as provided by Subsection (h), rules adopted |
|
|
under this section expire September 1, 2011, together with any new |
|
|
program created by the rules and any modification to existing |
|
|
program requirements made by the rules. A rule adopted under this |
|
|
section may be readopted by the commission after that date only to |
|
|
the extent that the rule is consistent with and authorized under |
|
|
then existing state law. |
|
|
(g) Except as provided by Subsection (h), this section |
|
|
expires September 1, 2011. |
|
|
(h) A rule adopted under this section, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this section |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this section before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 2. HEALTH AND HUMAN SERVICES COMMISSION. |
|
|
Subchapter A, Chapter 531, Government Code, is amended by adding |
|
|
Section 531.0029 to read as follows: |
|
|
Sec. 531.0029. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
|
|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
|
|
AND LIMITATIONS. (a) The commission shall take action in |
|
|
accordance with this section to apply for and receive the maximum |
|
|
amount of federal stimulus money available to this state for |
|
|
expenditure by or through the commission or a health and human |
|
|
services agency. To that end the commission shall study |
|
|
appropriate provisions of the American Recovery and Reinvestment |
|
|
Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic |
|
|
stimulus legislation that may make federal stimulus money available |
|
|
to the commission or a health and human services agency and any |
|
|
federal regulations and executive orders connected to the federal |
|
|
legislation to determine: |
|
|
(1) the extent to which the commission has sufficient |
|
|
authority under existing state law to apply for, receive, and |
|
|
expend or grant federal stimulus money through existing state |
|
|
programs administered by the commission or a health and human |
|
|
services agency; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the commission or a |
|
|
health and human services agency under existing state programs |
|
|
provided that one or more requirements applicable to the programs |
|
|
are modified in accordance with the requirements of federal law; |
|
|
and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the general mission of the |
|
|
commission or a health and human services agency but for which there |
|
|
is not currently a program authorized under state law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the commission or a health and human services agency, the |
|
|
commission shall whenever possible apply for and receive the money |
|
|
and provide that the money is expended or granted in accordance with |
|
|
an existing state program for which no modifications to applicable |
|
|
program requirements are necessary under federal law. |
|
|
(c) When the commission determines that modifications to |
|
|
the requirements applicable to an existing program are necessary |
|
|
under federal law to receive and expend or grant the maximum amount |
|
|
of federal stimulus money, the executive commissioner shall adopt |
|
|
rules that modify the requirements applicable to the existing |
|
|
program to the minimum extent necessary to comply with applicable |
|
|
federal requirements. Rules adopted under this subsection may be |
|
|
initially adopted as emergency rules if necessary to receive the |
|
|
maximum amount of federal stimulus money. In the notice proposing |
|
|
the rule and in the order adopting the rule, the executive |
|
|
commissioner must state the reasons why the executive commissioner |
|
|
believes modifications to program requirements are necessary to |
|
|
receive the maximum amount of federal stimulus money under the |
|
|
applicable federal law. The commission shall apply for and receive |
|
|
the maximum amount of federal stimulus money available, and provide |
|
|
that the money is expended or granted, for the program as modified |
|
|
by rule of the executive commissioner. |
|
|
(d) When the commission determines that federal stimulus |
|
|
money is available for a purpose within the general mission of the |
|
|
commission or a health and human services agency but that there is |
|
|
no program administered by the commission, a health and human |
|
|
services agency, or another state governmental entity under which |
|
|
the federal stimulus money may be spent even if program |
|
|
modifications are made to conform to federal requirements, the |
|
|
executive commissioner by rule shall create a program consistent |
|
|
with the general mission of the commission or the appropriate |
|
|
health and human services agency and consistent with federal |
|
|
requirements and the commission shall apply for and receive the |
|
|
money and provide that the money is expended or granted under the |
|
|
program created by rule. Rules adopted under this subsection may be |
|
|
initially adopted as emergency rules if necessary to receive the |
|
|
maximum amount of federal stimulus money. In the notice proposing |
|
|
the rule and in the order adopting the rule, the executive |
|
|
commissioner must state the reasons why the executive commissioner |
|
|
believes no program currently exists under which, even with |
|
|
modifications, the commission, a health and human services agency, |
|
|
or another state governmental entity could apply for, receive, and |
|
|
expend federal stimulus money available for the particular purpose |
|
|
of the new program under the applicable federal law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the commission or a |
|
|
health and human services agency that detail, limit, or direct, in a |
|
|
manner consistent with federal requirements, how the money may be |
|
|
spent. |
|
|
(f) Except as provided by Subsection (h), rules adopted |
|
|
under this section expire September 1, 2011, together with any new |
|
|
program created by the rules and any modification to existing |
|
|
program requirements made by the rules. A rule adopted under this |
|
|
section may be readopted by the executive commissioner after that |
|
|
date only to the extent that the rule is consistent with and |
|
|
authorized under then existing state law. |
|
|
(g) Except as provided by Subsection (h), this section |
|
|
expires September 1, 2011. |
|
|
(h) A rule adopted under this section, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this section |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this section before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 3. TEXAS EDUCATION AGENCY. Subchapter A, Chapter |
|
|
7, Education Code, is amended by adding Section 7.0025 to read as |
|
|
follows: |
|
|
Sec. 7.0025. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
|
|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
|
|
AND LIMITATIONS. (a) The agency shall take action in accordance |
|
|
with this section to apply for and receive the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the agency. To that end the agency shall study |
|
|
appropriate provisions of the American Recovery and Reinvestment |
|
|
Act of 2009 (Pub. L. No. 111-5) and any subsequent federal economic |
|
|
stimulus legislation that may make federal stimulus money available |
|
|
to the agency and any federal regulations and executive orders |
|
|
connected to the federal legislation to determine: |
|
|
(1) the extent to which the agency has sufficient |
|
|
authority under existing state law to apply for, receive, and |
|
|
expend or grant federal stimulus money through existing state |
|
|
programs; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the agency under |
|
|
existing state programs provided that one or more requirements |
|
|
applicable to the programs are modified in accordance with the |
|
|
requirements of federal law; and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the agency's general mission |
|
|
but for which there is not currently a program authorized under |
|
|
state law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the agency, the agency shall whenever possible apply |
|
|
for, receive, and expend or grant the money in accordance with an |
|
|
existing state program for which no modifications to applicable |
|
|
program requirements are necessary under federal law. |
|
|
(c) When the agency determines that modifications to the |
|
|
requirements applicable to an existing program are necessary under |
|
|
federal law to receive and expend or grant the maximum amount of |
|
|
federal stimulus money, the commissioner shall adopt rules that |
|
|
modify the requirements applicable to the existing program to the |
|
|
minimum extent necessary to comply with applicable federal |
|
|
requirements. Rules adopted under this subsection may be initially |
|
|
adopted as emergency rules if necessary to receive the maximum |
|
|
amount of federal stimulus money. In the notice proposing the rule |
|
|
and the order adopting the rule, the commissioner must state the |
|
|
reasons why the commissioner believes modifications to program |
|
|
requirements are necessary to receive the maximum amount of federal |
|
|
stimulus money under the applicable federal law. The agency shall |
|
|
apply for, receive, and expend or grant the maximum amount of |
|
|
federal stimulus money available for the program as modified by |
|
|
rule of the commissioner. |
|
|
(d) When the agency determines that federal stimulus money |
|
|
is available for a purpose within the agency's general mission but |
|
|
that there is no program administered by the agency, another state |
|
|
governmental entity, or directly by local school districts under |
|
|
which the federal stimulus money may be spent even if program |
|
|
modifications are made to conform to federal requirements, the |
|
|
commissioner by rule shall create a program consistent with the |
|
|
agency's general mission and federal requirements and the agency |
|
|
shall apply for, receive, and expend the federal stimulus money |
|
|
under the program created by rule. Rules adopted under this |
|
|
subsection may be initially adopted as emergency rules if necessary |
|
|
to receive the maximum amount of federal stimulus money. In the |
|
|
notice proposing the rule and the order adopting the rule, the |
|
|
commissioner must state the reasons why the commissioner believes |
|
|
no program currently exists under which, even with modifications, |
|
|
the agency, another state governmental entity, or local school |
|
|
districts could apply for, receive, and expend federal stimulus |
|
|
money available for the particular purpose of the new program under |
|
|
the applicable federal law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the agency that |
|
|
detail, limit, or direct, in a manner consistent with federal |
|
|
requirements, how the money may be spent. |
|
|
(f) Except as provided by Subsection (h), rules adopted |
|
|
under this section expire September 1, 2011, together with any new |
|
|
program created by the rules and any modification to existing |
|
|
program requirements made by the rules. A rule adopted under this |
|
|
section may be readopted by the commissioner after that date only to |
|
|
the extent that the rule is consistent with and authorized under |
|
|
then existing state law. |
|
|
(g) Except as provided by Subsection (h), this section |
|
|
expires September 1, 2011. |
|
|
(h) A rule adopted under this section, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this section |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this section before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 4. TEXAS HIGHER EDUCATION COORDINATING BOARD. |
|
|
Subchapter B, Chapter 61, Education Code, is amended by adding |
|
|
Section 61.0219 to read as follows: |
|
|
Sec. 61.0219. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
|
|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
|
|
AND LIMITATIONS. (a) The board shall take action in accordance |
|
|
with this section to apply for and receive the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the board. As part of its activities under this section |
|
|
the board may apply for, receive, and grant to institutions of |
|
|
higher education federal stimulus money, but this section does not |
|
|
prohibit an institution of higher education from directly applying |
|
|
for, receiving, and expending federal stimulus money. The board, |
|
|
for purposes of this section, shall study appropriate provisions of |
|
|
the American Recovery and Reinvestment Act of 2009 (Pub. L. No. |
|
|
111-5) and any subsequent federal economic stimulus legislation |
|
|
that may make federal stimulus money available to the board and any |
|
|
federal regulations and executive orders connected to the federal |
|
|
legislation to determine: |
|
|
(1) the extent to which the board has sufficient |
|
|
authority under existing state law to apply for, receive, and |
|
|
expend or grant federal stimulus money through existing state |
|
|
programs; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the board under existing |
|
|
state programs provided that one or more requirements applicable to |
|
|
the programs are modified in accordance with the requirements of |
|
|
federal law; and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the board's general mission but |
|
|
for which there is not currently a program authorized under state |
|
|
law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the board, the board shall whenever possible apply for, |
|
|
receive, and expend or grant the money in accordance with an |
|
|
existing state program for which no modifications to applicable |
|
|
program requirements are necessary under federal law. |
|
|
(c) When the board determines that modifications to the |
|
|
requirements applicable to an existing program are necessary under |
|
|
federal law to receive and expend or grant the maximum amount of |
|
|
federal stimulus money, the board shall adopt rules that modify the |
|
|
requirements applicable to the existing program to the minimum |
|
|
extent necessary to comply with applicable federal requirements. |
|
|
Rules adopted under this subsection may be initially adopted as |
|
|
emergency rules if necessary to receive the maximum amount of |
|
|
federal stimulus money. In its notice proposing the rule and its |
|
|
order adopting the rule, the board must state the reasons why the |
|
|
board believes modifications to program requirements are necessary |
|
|
to receive the maximum amount of federal stimulus money under the |
|
|
applicable federal law. The board shall apply for, receive, and |
|
|
expend or grant the maximum amount of federal stimulus money |
|
|
available for the program as modified by board rule. |
|
|
(d) When the board determines that federal stimulus money is |
|
|
available for a purpose within the board's general mission but that |
|
|
there is no program administered by the board or another state |
|
|
governmental entity under which the federal stimulus money may be |
|
|
spent even if program modifications are made to conform to federal |
|
|
requirements, the board by rule shall create a program consistent |
|
|
with the board's general mission and federal requirements and shall |
|
|
apply for, receive, and expend the federal stimulus money under the |
|
|
program created by rule. Rules adopted under this subsection may be |
|
|
initially adopted as emergency rules if necessary to receive the |
|
|
maximum amount of federal stimulus money. In its notice proposing |
|
|
the rule and its order adopting the rule, the board must state the |
|
|
reasons why the board believes no program currently exists under |
|
|
which, even with modifications, the board or another state |
|
|
governmental entity could apply for, receive, and expend federal |
|
|
stimulus money available for the particular purpose of the new |
|
|
program under the applicable federal law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the board that |
|
|
detail, limit, or direct, in a manner consistent with federal |
|
|
requirements, how the money may be spent. |
|
|
(f) Except as provided by Subsection (h), rules adopted |
|
|
under this section expire September 1, 2011, together with any new |
|
|
program created by the rules and any modification to existing |
|
|
program requirements made by the rules. A rule adopted under this |
|
|
section may be readopted by the board after that date only to the |
|
|
extent that the rule is consistent with and authorized under then |
|
|
existing state law. |
|
|
(g) Except as provided by Subsection (h), this section |
|
|
expires September 1, 2011. |
|
|
(h) A rule adopted under this section, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this section |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this section before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 5. TEXAS DEPARTMENT OF TRANSPORTATION. Subchapter |
|
|
A, Chapter 201, Transportation Code, is amended by adding Section |
|
|
201.004 to read as follows: |
|
|
Sec. 201.004. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
|
|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
|
|
AND LIMITATIONS. (a) The department shall take action in |
|
|
accordance with this section to apply for and receive the maximum |
|
|
amount of federal stimulus money available to this state for |
|
|
expenditure by or through the department. To that end the |
|
|
department shall study appropriate provisions of the American |
|
|
Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) and any |
|
|
subsequent federal economic stimulus legislation that may make |
|
|
federal stimulus money available to the department and any federal |
|
|
regulations and executive orders connected to the federal |
|
|
legislation to determine: |
|
|
(1) the extent to which the department has sufficient |
|
|
authority under existing state law to apply for, receive, and |
|
|
expend or grant federal stimulus money through existing state |
|
|
programs; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the department under |
|
|
existing state programs provided that one or more requirements |
|
|
applicable to the programs are modified in accordance with the |
|
|
requirements of federal law; and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the department's general |
|
|
mission but for which there is not currently a program authorized |
|
|
under state law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the department, the department shall whenever possible |
|
|
apply for, receive, and expend or grant the money in accordance with |
|
|
an existing state program for which no modifications to applicable |
|
|
program requirements are necessary under federal law. |
|
|
(c) When the department determines that modifications to |
|
|
the requirements applicable to an existing program are necessary |
|
|
under federal law to receive and expend or grant the maximum amount |
|
|
of federal stimulus money, the commission shall adopt rules that |
|
|
modify the requirements applicable to the existing program to the |
|
|
minimum extent necessary to comply with applicable federal |
|
|
requirements. Rules adopted under this subsection may be initially |
|
|
adopted as emergency rules if necessary to receive the maximum |
|
|
amount of federal stimulus money. In its notice proposing the rule |
|
|
and its order adopting the rule, the commission must state the |
|
|
reasons why the commission believes modifications to program |
|
|
requirements are necessary to receive the maximum amount of federal |
|
|
stimulus money under the applicable federal law. The department |
|
|
shall apply for, receive, and expend or grant the maximum amount of |
|
|
federal stimulus money available for the program as modified by |
|
|
commission rule. |
|
|
(d) When the department determines that federal stimulus |
|
|
money is available for a purpose within the department's general |
|
|
mission but that there is no program administered by the department |
|
|
or another state governmental entity under which the federal |
|
|
stimulus money may be spent even if program modifications are made |
|
|
to conform to federal requirements, the commission by rule shall |
|
|
create a program consistent with the department's general mission |
|
|
and federal requirements and the department shall apply for, |
|
|
receive, and expend the federal stimulus money under the program |
|
|
created by rule. Rules adopted under this subsection may be |
|
|
initially adopted as emergency rules if necessary to receive the |
|
|
maximum amount of federal stimulus money. In its notice proposing |
|
|
the rule and its order adopting the rule, the commission must state |
|
|
the reasons why the commission believes no program currently exists |
|
|
under which, even with modifications, the department or another |
|
|
state governmental entity could apply for, receive, and expend |
|
|
federal stimulus money available for the particular purpose of the |
|
|
new program under the applicable federal law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the department that |
|
|
detail, limit, or direct, in a manner consistent with federal |
|
|
requirements, how the money may be spent. |
|
|
(f) Except as provided by Subsection (h), rules adopted |
|
|
under this section expire September 1, 2011, together with any new |
|
|
program created by the rules and any modification to existing |
|
|
program requirements made by the rules. A rule adopted under this |
|
|
section may be readopted by the commission after that date only to |
|
|
the extent that the rule is consistent with and authorized under |
|
|
then existing state law. |
|
|
(g) Except as provided by Subsection (h), this section |
|
|
expires September 1, 2011. |
|
|
(h) A rule adopted under this section, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this section |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this section before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 6. GENERAL PROVISION FOR OTHER STATE GOVERNMENTAL |
|
|
ENTITIES. Subtitle G, Title 10, Government Code, is amended by |
|
|
adding Chapter 2311 to read as follows: |
|
|
CHAPTER 2311. FEDERAL ECONOMIC STIMULUS GRANTS |
|
|
Sec. 2311.001. APPLICABILITY. (a) This chapter applies to |
|
|
any state governmental entity that may be eligible to apply for, |
|
|
receive, and expend or grant federal stimulus money under the |
|
|
American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) |
|
|
or any subsequent federal economic stimulus legislation. |
|
|
(b) This chapter does not apply to the Department of Public |
|
|
Safety, the Health and Human Services Commission or a health and |
|
|
human services agency as defined by Section 531.001, the Texas |
|
|
Education Agency, the Texas Higher Education Coordinating Board, or |
|
|
the Texas Department of Transportation. |
|
|
Sec. 2311.002. AUTHORITY TO APPLY FOR AND RECEIVE MAXIMUM |
|
|
AMOUNT OF FEDERAL ECONOMIC STIMULUS MONEY; DUTIES, RESTRICTIONS, |
|
|
AND LIMITATIONS. (a) If it is cost-effective to do so, a state |
|
|
governmental entity shall take action in accordance with this |
|
|
chapter to apply for and receive the maximum amount of federal |
|
|
stimulus money available to this state for expenditure by or |
|
|
through the state governmental entity. To that end the state |
|
|
governmental entity shall, if it is cost-effective to do so, study |
|
|
appropriate provisions of the American Recovery and Reinvestment |
|
|
Act of 2009 and any subsequent federal economic stimulus |
|
|
legislation that may make federal stimulus money available to the |
|
|
state governmental entity and any federal regulations and executive |
|
|
orders connected to the federal legislation to determine: |
|
|
(1) the extent to which the state governmental entity |
|
|
has sufficient authority under existing state law to apply for, |
|
|
receive, and expend or grant federal stimulus money through |
|
|
existing state programs; |
|
|
(2) the extent to which federal stimulus money would |
|
|
be available for expenditure by or through the state governmental |
|
|
entity under existing state programs provided that one or more |
|
|
requirements applicable to the programs are modified in accordance |
|
|
with the requirements of federal law; and |
|
|
(3) the extent to which federal stimulus money is |
|
|
available for programs connected to the state governmental entity's |
|
|
general mission but for which there is not currently a program |
|
|
authorized under state law. |
|
|
(b) In applying for and receiving the maximum amount of |
|
|
federal stimulus money available to this state for expenditure by |
|
|
or through the state governmental entity, the state governmental |
|
|
entity shall whenever possible apply for, receive, and expend or |
|
|
grant the money in accordance with an existing state program for |
|
|
which no modifications to applicable program requirements are |
|
|
necessary under federal law. |
|
|
(c) When the state governmental entity determines that |
|
|
modifications to the requirements applicable to an existing program |
|
|
are necessary under federal law to receive and expend or grant the |
|
|
maximum amount of federal stimulus money, the state governmental |
|
|
entity shall adopt rules that modify the requirements applicable to |
|
|
the existing program to the minimum extent necessary to comply with |
|
|
applicable federal requirements. Rules adopted under this |
|
|
subsection may be initially adopted as emergency rules if necessary |
|
|
to receive the maximum amount of federal stimulus money. In its |
|
|
notice proposing the rule and its order adopting the rule, the state |
|
|
governmental entity must state the reasons why it believes |
|
|
modifications to program requirements are necessary to receive the |
|
|
maximum amount of federal stimulus money under the applicable |
|
|
federal law. The state governmental entity shall apply for, |
|
|
receive, and expend or grant the maximum amount of federal stimulus |
|
|
money available for the program as modified by its rule. |
|
|
(d) When the state governmental entity determines that |
|
|
federal stimulus money is available for a purpose within the |
|
|
entity's general mission but that there is no program administered |
|
|
by any state governmental entity under which the federal stimulus |
|
|
money may be spent even if program modifications are made to conform |
|
|
to federal requirements, the state governmental entity by rule |
|
|
shall create a program consistent with its general mission and |
|
|
federal requirements and shall apply for, receive, and expend the |
|
|
federal stimulus money under the program created by rule. Rules |
|
|
adopted under this subsection may be initially adopted as emergency |
|
|
rules if necessary to receive the maximum amount of federal |
|
|
stimulus money. In its notice proposing the rule and its order |
|
|
adopting the rule, the state governmental entity must state the |
|
|
reasons why it believes no program currently exists under which, |
|
|
even with modifications, any state governmental entity could apply |
|
|
for, receive, and expend federal stimulus money available for the |
|
|
particular purpose of the new program under the applicable federal |
|
|
law. |
|
|
(e) Rules adopted under this section must be consistent with |
|
|
any legislation enacted by the 81st Legislature that becomes law |
|
|
that addresses an issue addressed by the rules. As the purpose of |
|
|
the rules is to apply for, receive, and expend federal stimulus |
|
|
money, rules adopted under this section must also be consistent |
|
|
with any provisions prescribed by the legislature in an Act of the |
|
|
legislature appropriating the federal funds to the state |
|
|
governmental entity that detail, limit, or direct, in a manner |
|
|
consistent with federal requirements, how the money may be spent. |
|
|
Sec. 2311.003. EXPIRATION. (a) Except as provided by |
|
|
Subsection (c), rules adopted under this chapter expire September |
|
|
1, 2011, together with any new program created by the rules and any |
|
|
modification to existing program requirements made by the rules. A |
|
|
rule adopted under this chapter may be readopted by the state |
|
|
governmental entity after that date only to the extent that the rule |
|
|
is consistent with and authorized under then existing state law. |
|
|
(b) Except as provided by Subsection (c), this chapter |
|
|
expires September 1, 2011. |
|
|
(c) A rule adopted under this chapter, together with any new |
|
|
program created by the rule and any modification to existing |
|
|
program requirements made by the rule, may be extended beyond the |
|
|
September 1, 2011, expiration date if at any time before that date, |
|
|
including during the time that the rule is being considered for |
|
|
adoption, the governor finds that the rule must expire at a later |
|
|
date under the requirements of federal law in order to receive the |
|
|
federal stimulus money for the particular program addressed by the |
|
|
rule and the governor by proclamation extends the effective date of |
|
|
the rule to a date certain after September 1, 2011, for that |
|
|
purpose. If the governor acts under this subsection, this chapter |
|
|
is continued in effect after September 1, 2011, for the limited |
|
|
purpose of governing a rule adopted under this chapter before that |
|
|
date that was extended by proclamation of the governor. |
|
|
SECTION 7. 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, this Act takes effect on the 91st day after the |
|
|
last day of the legislative session. |