By: Pitts	H.B. No. 2

	A BILL TO BE ENTITLED
	AN ACT
	appropriating money for the support of state government for the
	period beginning September 1, 2011 and ending August 31, 2013; and
	authorizing and prescribing conditions, limitations, rules, and
	procedures for allocating and expending the appropriated funds; and
	declaring an emergency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  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.
	SECTION 2.  Contingency for Senate Bill ___. Contingent on
	enactment of Senate Bill ___, or similar legislation relating to
	state contributions to the Law Enforcement and Custodial Officer
	Supplemental Retirement, in addition to amounts appropriated in
	House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 in
	Strategy A.1.2, Law Enforcement and Custodial Officer Supplemental
	Retirement Fund, the Employees Retirement System is hereby
	appropriated the following amounts in fiscal year 2013 for a state
	contribution of 0.5 percent to the Law Enforcement and Custodial
	Officer Supplemental Retirement Program in fiscal year 2013:
	General Revenue $6,698,395
	General Revenue-Dedicated 96,261
	Federal Funds 29,330
	Fund 006 696,386
	All Funds $7,520,472
	SECTION 3.  Tobacco User Monthly Premium Fee. Contingent
	upon enactment of Senate Bill ___ or similar legislation relating
	to the creation of a tobacco user monthly premium fee, by the
	Eighty-Second Legislature, 2011 the Employees Retirement System
	shall apply a $30 monthly tobacco user fee to any tobacco user
	covered under the state health plan. Also contingent upon the
	enactment of this legislation, the Comptroller of Public Accounts
	shall deposit revenue from the fee (estimated to be $16,720,343 in
	fiscal year 2012 and $25,080,514 in fiscal year 2013) into the
	Employees Life, Accident, Health Insurance and Benefits Trust
	Account
	SECTION 4.  Contingency for Senate Bill ___:  Debt Service on
	Cancer Prevention and Research Bonds. The appropriations made in
	House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to
	the Texas Public Finance Authority for General Obligation Bond Debt
	Service are subject to the following provision. Appropriations out
	of the Permanent Fund for Health & Tobacco Education & Enforcement
	Account No. 5044; Permanent Fund for Children & Public Health
	Account No. 5045; and Permanent Fund for EMS & Trauma Care Account
	No. 5046, are contingent on the enactment of Senate Bill ___, or
	similar legislation related to the use of certain Tobacco
	Settlement Funds for debt service on Cancer Prevention and Research
	Institute debt, by the Eighty-second Legislature, 2011. The
	Legislative Budget Board shall adjust the informational listing of
	bond debt service pursuant to this provision.
	SECTION 5.  Appropriations to the Foundation School Program.
	(a)  Texas Education Agency, Article III, House Bill 1, Acts of the
	82nd Legislature, Regular Session, 2011 (the General
	Appropriations Act), is amended by adding the following
	appropriations and riders, and to the extent necessary, by giving
	all riders under the bill pattern of the agency full force and
	effect:
	A.1.1., Equalized Operations    2012    2013
	Available School Fund 1,099,948,815 1,726,989,252
	Foundation School Fund 13,412,514,119 12,656,939,681
	Property Tax Relief Fund 2,198,994,000 2,338,574,000
	Appropriated Receipts 906,500,000 835,600,000
	Lottery Proceeds 1,002,457,000 1,006,111,000
	A.1.2, Equalized Facilities
	Foundation School Fund 650,000,000 716,100,000
	(b)  Foundation School Program Funding. Out of the funds
	appropriated above, a total of $19,287,500,000 in fiscal year 2012
	and $19,297,400,000 in fiscal year 2013 shall represent the
	sum-certain appropriation to the Foundation School Program. The
	total appropriation may not exceed the sum-certain amount. This
	appropriation includes allocations under Chapters 41, 42 and 46 of
	the Texas Education Code.
	Formula Funding: The Commissioner shall make allocations to
	local school districts under Chapters 41, 42 and 46 based on the
	March 2011 estimates of average daily attendance and local district
	tax rates as determined by the Legislative Budget Board and the
	final tax year 2010 property values.
	For purposes of distributing the Foundation School Program
	basic tier state aid appropriated above and in accordance with Sec.
	42.101 of the Texas Education Code, the Basic Allotment is
	projected to be $4,765 in fiscal year 2012 and $4,765 in fiscal year
	2013.
	For purposes of distributing the Foundation School Program
	enrichment tier state aid appropriated above and in accordance with
	Sec. 41.002(a)(2) and Sec. 42.302(a-1)(1) of the Texas Education
	Code, the Guaranteed Yield is $59.97 in fiscal year 2012 and $59.97
	in fiscal year 2013.
	Out of amounts appropriated above and allocated by this rider
	to the Foundation School Program, no funds are appropriated for the
	New Instructional Facilities Allotment under Sec. 42.158 of the
	Texas Education Code.
	Notwithstanding any other provision of this Act, the Texas
	Education Agency may make transfers as appropriate between Strategy
	A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP Equalized
	Facilities. The TEA shall notify the Legislative Budget Board and
	the Governor of any such transfers at least 45 days prior to the
	transfer.
	The Texas Education Agency shall submit reports on the prior
	month's expenditures on programs described by this rider no later
	than the 20th day of each month to the Legislative Budget Board and
	the Governor's Office in a format determined by the Legislative
	Budget Board in cooperation with the agency.
	(c)  Foundation School Program Adjustments. Appropriations
	from the Foundation School Fund No. 193 identified in subsection
	(a) above are hereby reduced by $438,900,000 in fiscal year 2012 and
	$361,100,000 in fiscal year 2013. These adjustments reflect a lower
	estimate of the state cost of the Foundation School Program in the
	2012-13 biennium due to updated pupil projections and projections
	of district property values.
	Property values, and the estimates of local tax collections
	on which they are based, shall be decreased by 0.97 percent for tax
	year 2011, then increased by 0.52 percent for tax year 2012.
	The sum-certain appropriation for the Foundation School
	Program as identified in subsection (b) above shall be decreased
	commensurately to reflect these adjustments.
	(d)  Contingency for Senate Bill ___: Foundation School
	Program Deferral. Contingent on enactment of SB ___ or similar
	legislation providing the legal basis for deferring the August 2013
	Foundation School Program payment to school districts,
	appropriations made in subsection (a) above from the Foundation
	School Fund 193 to the Texas Education Agency for the Foundation
	School Program are hereby reduced by $2,300,000,000 in fiscal year
	2013. It is the intent of the legislature that this payment be made
	in September 2013 pursuant to the provisions of the bill. The
	sum-certain appropriation for the Foundation School Program as
	identified subsection (b) above shall be decreased commensurately.
	(e)  Contingency for HJR 109. Appropriations from the
	Foundation School Fund (Fund 193) made in subsection (a) above,
	Texas Education Agency Strategy A.1.1, FSP - Operations, for the
	Foundation School Program, are hereby reduced by 150,000,000 in
	each fiscal year of the 2012-13 biennium. The Texas Education
	Agency is hereby appropriated from the Available School Fund
	(General Revenue) to the Foundation School Program in Strategy
	A.1.1, FSP - Operations an amount estimated to be $150,000,000 in
	each fiscal year of the 2012-13 biennium, pursuant to all of the
	following:
	a.  passage and enactment of HJR 109, SJR 5 or similar
	legislation relating to proposing a constitutional amendment
	to clarify references to the Permanent School Fund and to
	allow the General Land Office or other entity to distribute
	revenue derived from Permanent School Fund land or other
	properties to the Available School Fund;
	b.  voter approval of the associated constitutional
	amendment; and
	c.  the distribution of funds from the General Land
	Office to the Available School Fund pursuant to the
	provisions of the legislation.
	(f)  Contingency for Senate Bill ___: Funding Contingency.
	The All Funds appropriations made for the Foundation School Program
	(FSP), Texas Education Agency Strategies A.1.1 and A.1.2, in
	subsection (a) above, and as adjusted by other subsections in this
	section, are contingent on enactment of SB ___ or similar
	legislation by the Eighty-second Legislature, 2011, relating to
	certain state fiscal matters and that amends Chapter 42 of the Texas
	Education Code to adjust state aid payments to the level of FSP
	appropriations made in subsection (a) above as adjusted for other
	subsections in this section. Should this legislation fail to pass
	and be enacted, the All Funds appropriations for the FSP made herein
	are hereby reduced to zero for each year of the 2012-13 biennium,
	including the sum-certain appropriation identified in subsection
	(b) above.
	(f)  The Legislative Budget Board is directed to make all
	necessary adjustments to the Texas Education Agency pursuant to the
	provisions above, including adjustments to strategies, methods of
	finance, measures and riders contained in House Bill 1, 82nd
	Legislature, 2011.
	SECTION 6.  Contingency for Senate Bill ___: Legislation
	Relating to Certain Office of Court Administration License Fees.
	Contingent upon the enactment of SB ___ relating to license fees and
	the allowable use of such fees for process servers, guardians, and
	court reporters by the Eighty-second Legislature, the Office of
	Court Administration is appropriated $119,603 in fiscal year 2012
	and $119,714 in fiscal year 2013 to implement the provisions of the
	legislation. The number of "Full-Time-Equivalent Positions"
	indicated in the agency's bill pattern is increased by 2.0 each
	fiscal year. Fees, fines and other miscellaneous revenues as
	authorized by the Process Servers Review Board, the Guardianship
	Certification Board, and the Court Reporters Certification Board
	shall cover, at a minimum, the cost of appropriations made in this
	provision, as well as an amount sufficient to cover "Other Direct
	and Indirect Costs Appropriated Elsewhere in this Act" (estimated
	to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013).
	In the event that actual and/or projected revenues are insufficient
	to offset the costs identified by this provision, the Legislative
	Budget Board may direct that the Comptroller of Public Accounts to
	reduce the appropriation authority provided above to be within the
	amount of revenue expected to be available.
	SECTION 7.  Contingency for Senate Bill ___: Office of Court
	Administration Collection and Improvement Audits.  Contingent on
	enactment of Senate Bill ___ or similar legislation relating to
	state fiscal matters and collection improvement audits, by the
	Eighty-second Legislature, the Office of Court Administration is
	appropriated $550,448 in fiscal year 2012 and $529,824 in fiscal
	year 2013 from General Revenue Funds to implement the provisions of
	the legislation. In addition, the "Number of Full-Time Equivalents
	(FTE)" indicated in the Office of Court Administration's bill
	pattern is increased by 8.0 FTEs in fiscal year 2012 and 8.0 FTEs in
	fiscal year 2013.
	SECTION 8.  Contingency for Senate Bill ___: Railroad
	Commission.  Contingent on enactment of SB ___, or similar
	legislation relating to the Railroad Commission by the
	Eighty-second Legislature:
	a.  Oil and Gas Related Fees.  In addition to amounts
	appropriated in House Bill 1, Acts of the 82nd Legislature, Regular
	Session, 2011 to the Railroad Commision, and contingent on SB ___ or
	similar legislation creating an account to cover costs of the
	agency's oil- and gas-related activities, by the Eighty-second
	Legislature, appropriations out of the General Revenue Fund are
	hereby reduced by $16,766,209 in fiscal year 2012 and by
	$16,716,472 in fiscal year 2013, and, to replace these
	appropriations, there is hereby appropriated $16,766,209 in fiscal
	year 2012 and $16,716,472 in fiscal year 2013 out of the Oil and Gas
	Regulation and Cleanup (OGRC) Fund created by the bill.
	The following amounts of General Revenue funding would be
	replaced with funding out of the OGRC Fund in the following
	strategies:
	2012       2013
	Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349
	Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753
	Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550
	Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808
	Strategy D.1.2, Public Information and Services $921,107 $914,012
	TOTAL $16,766,209 $16,716,472
	In addition, appropriations out of the Oil Field Cleanup
	Account No. 145 are hereby reduced by $20,581,780 in fiscal year
	2012 and by $20,581,779 in fiscal year 2013, and, to replace these
	appropriations, there is hereby appropriated $20,581,780 in fiscal
	year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund
	created by the bill.  The following amounts out of the General
	Revenue-Dedicated Oil Field Cleanup Account No. 145 would be
	replaced with funding out of the OGRC Fund in the following
	strategies:
	2012       2013
	Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744
	Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800
	Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565
	Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620
	Strategy D.1.2, Public Information and Services $138,051 $138,050
	TOTAL $20,581,780 $20,581,779
	(b)  Expansion of Pipeline Safety Fee Use to Include Gas
	Utility Regulation.  Contingent upon enactment of SB ___, or
	similar legislation allowing for the use of pipeline safety fees
	for gas utility regulatory functions, by the Eighty-second
	Legislature, the Railroad Commission is hereby appropriated in each
	fiscal year of the 2012-13 biennium an amount not to exceed $233,000
	in Strategy C.2.1, Gas Utility Compliance.  This appropriation is
	contingent upon the Railroad Commission increasing Pipeline Safety
	Fees and shall be limited to revenues deposited to the credit of
	Revenue Object Code 3553 in excess of the Comptroller's Biennial
	Revenue Estimate for 2012-13.
	The Railroad Commission, upon completion of necessary
	actions to assess or increase the Pipeline Safety Fee, shall
	furnish copies of the minutes and other information supporting the
	estimated revenues to be generated for the 2012-13 biennium under
	the revised fee structure to the Comptroller of Public Accounts.  If
	the Comptroller finds the information sufficient to support the
	projection of increased revenues in excess of those estimated in
	the Biennial Revenue Estimate for 2012-13, a finding of fact to that
	effect shall be issued and the contingent appropriation shall be
	made available for the intended purpose.
	SECTION 9.  Contingency for Senate Bill ___: Department of
	State Health Services.  Contingent upon the enactment of SB ___ or
	similar legislation allowing for the increase of certain licensing
	and public health service fees assessed by the Department of State
	Health Services (DSHS), by the Eighty-second Legislature, any
	additional revenues generated as a result of the fee increases
	certified by the Comptroller to be in excess of Comptroller of
	Public Accounts' January 2011 Biennial Revenue Estimate are
	appropriated to DSHS for the 2012-13 biennium for use in Strategy
	A.4.1, Laboratory Services, and Goal D, Consumer Protection
	Services.
	SECTION 10.  Contingency for Senate Bill ___: Voter
	Registration.  Contingent on enactment of SB ___, or similar
	legislation relating to transferring voter registration payments
	from the Fiscal Programs - Comptroller of Public Accounts to the
	Secretary of State, by the Eighty-second Legislature, 2011, amounts
	appropriated elsewhere in this Act to the Fiscal Programs
	Comptroller of Public Accounts in Strategy A.1.1, Voter
	Registration, shall be transferred to the Secretary of State.
	SECTION 11.  Contingency for Senate Bill ___: Back to Work.
	Contingent on enactment of Senate Bill ___ or similar legislation
	by the Eighty-second Legislature, relating to the transfer of
	General Revenue-Dedicated Texas Enterprise Fund Account No. 5107
	appropriations to other state agencies, the Trusteed Programs
	within the Office of the Governor shall transfer $20,000,000 from
	the General Revenue-Dedicated Texas Enterprise Fund Account No.
	5107 to the Texas Workforce Commission for the Texas Back to Work
	Program.
	If SB ___, or similar legislation by the Eighty-second
	Legislature, 2011, relating to the transfer of General
	Revenue-Dedicated Texas Enterprise Fund Account No. 5107
	appropriations to other state agencies is not enacted, it is the
	intent of the Legislature that the Trusteed Programs within the
	Office of the Governor award a grant in the amount of $20,000,000 in
	the 2012-13 biennium out of the General Revenue-Dedicated Texas
	Enterprise Fund Account No. 5107 to the Texas Workforce Commission
	for the Texas Back to Work Program.
	SECTION 12.  SAVINGS CLAUSE. If any section, sentence,
	clause or part of this Act shall for any reason be held to be
	invalid, such decision shall not affect the remaining portions of
	this Act; and it is hereby declared to be the intention of the
	Legislature to have passed each sentence, section, clause, or part
	thereof irrespective of the fact that any other sentence, section,
	clause or part thereof may be declared invalid.
	SECTION 13.  EMERGENCY CLAUSE. The importance of the
	legislation to the people of the State of Texas and the crowded
	condition of the calendars in both Houses of the Legislature create
	an emergency and an imperative public necessity that the
	Constitutional Rule requiring bills to be read on three separate
	days in each House be suspended, and said Rule is hereby suspended;
	and this Act shall take effect and be in force from and after its
	passage, and it is so enacted.