82(1) SB 2 - Enrolled version



	S.B. No. 2

______________________________ Comptroller of Public Accounts

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.

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. LECOS Retirement Fund. 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 estimated 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

$7,520,372

SECTION 3. Contingency: Expand Physician and Nurse Trauma

Care Fellowship Slots. Contingent on the passage by the 82nd

Legislature, 1st Called Session, 2011, and becoming law of

legislation to fund the expansion of the number of physician and

nurse trauma care fellowships by the Department of State Health

Services or similar legislation, $2,250,000 in fiscal year 2012 and

$2,250,000 in fiscal year 2013 is appropriated to the department

for the state fiscal biennium ending August 31, 2013, from General

Revenue-Dedicated Account No. 5111, Designated Trauma Facility and

EMS Account, for the purposes of the legislation. Any unexpended

balances remaining as of August 31, 2012, are hereby appropriated

for the same purpose for the fiscal year beginning September 1,

2012.

SECTION 4. Contingency for Senate Bill 1: Debt Service on

Cancer Prevention and Research Bonds. The appropriations listed in

Rider 2, Informational Listing of Appropriated Funds and in Bond

Debt Service Payments of Article I, General Government, 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 1, 82nd

Legislature, 1st Called Session, 2011, or similar legislation

related to the use of certain Tobacco Settlement Funds for debt

service on Cancer Prevention and Research Institute debt, by the

82nd Legislature, 1st Called Session, 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, FSP 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

Total, A.1.1

$18,620,413,934

$18,564,213,933

A.1.2, FSP Equalized Facilities

Foundation School Fund

$650,000,000

$716,100,000

(b) Foundation School Program Funding. Out of the funds

appropriated above in subsection (a) above and elsewhere in House

Bill 1, Acts of the 82nd Legislature, Regular Session, 2011, 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 of the Texas

Education Code 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

Section 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

Section 41.002(a)(2) and Section 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 Section 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 Texas Education Agency 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.

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 2012-2013 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 1: Foundation School

Program Deferral. Contingent on enactment of Senate Bill 1, 82nd

Legislature, 1st Called Session, 2011, 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 No. 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 in

subsection (b) above shall be decreased commensurately.

(e) Contingency for H.J.R. No. 109. Appropriations from the

Foundation School Fund (Fund No. 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 2012-2013 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 2012-2013 biennium, pursuant to all of the

following:

a. passage and enactment of H.J.R. No. 109 or S.J.R. No. 5,

82nd Legislature, Regular Session, 2011, 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 1: Foundation School

Program 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 Senate Bill 1, 82nd Legislature, 1st Called Session,

2011, or similar legislation by the 82nd 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 2012-2013 biennium, including the sum-certain

appropriation identified in subsection (b) above.

(g) The Legislative Budget Board is directed to make all

necessary adjustments to the Texas Education Agency's bill pattern

pursuant to the provisions above, including adjustments to

strategies, methods of finance, measures, and riders contained in

House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011.

SECTION 6. Contingency for Senate Bill 1: Legislation

Relating to Certain Office of Court Administration License Fees.

Contingent upon the enactment of Senate Bill 1, 82nd Legislature,

1st Called Session, 2011, relating to license fees and the

allowable use of such fees for process servers, guardians, and

court reporters by the 82nd 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

reduce the appropriation authority provided above to be within the

amount of revenue expected to be available.

SECTION 7. Contingency for Senate Bill 1: Railroad

Commission. Contingent on enactment of Senate Bill 1, or similar

legislation relating to the Railroad Commission by the 82nd

Legislature, 1st Called Session, 2011:

(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 Commission, and contingent on Senate

Bill 1, 82nd Legislature, 1st Called Session, 2011, or similar

legislation creating an account to cover costs of the agency's oil-

and gas-related activities, by the 82nd 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

Strategy C.1.1, Oil and Gas Monitoring and Inspections

$851,800

Strategy C.2.1, Oil and Gas Remediation

$3,786,565

Strategy C.2.2, Oil and Gas Well Plugging

$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 Senate Bill 1,

82nd Legislature, 1st Called Session, 2011, or similar legislation

allowing for the use of pipeline safety fees for gas utility

regulatory functions, by the 82nd Legislature, the Railroad

Commission is hereby appropriated in each fiscal year of the

2012-2013 biennium an amount not to exceed $233,000 in Strategy

A.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 2012-2013.

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 2012-2013 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 2012-2013, a finding of fact to

that effect shall be issued and the contingent appropriation shall

be made available for the intended purpose.

SECTION 8. Contingency for Senate Bill 1: Voter

Registration. Contingent on enactment of Senate Bill 1, 82nd

Legislature, 1st Called Session, 2011, or similar legislation

relating to transferring voter registration payments from the

Fiscal Programs - Comptroller of Public Accounts to the Secretary

of State, amounts appropriated elsewhere in House Bill 1, Acts of

the 82nd Legislature, Regular Session, 2011, to the Fiscal Programs

Comptroller of Public Accounts in Strategy A.1.1, Voter

Registration, shall be transferred to the Secretary of State.

SECTION 9. Contingency for Senate Bill 1: Back to Work and

Homeless Housing. (a) Contingent on enactment of Senate Bill 1,

82nd Legislature, 1st Called Session, 2011, or similar legislation

by the 82nd 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 may transfer $10,000,000 from the

General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to

the Texas Workforce Commission for the Texas Back to Work Program,

and $10,000,000 from the General Revenue-Dedicated Texas

Enterprise Fund Account No. 5107 to the Texas Department of Housing

and Community Affairs for the Homeless Housing Program.

(b) If Senate Bill 1, or similar legislation by the 82nd

Legislature, 1st Called Session, 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 grants totaling $20,000,000 in the

2012-2013 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 ($10,000,000), and to the Texas

Department of Housing and Community Affairs for the Homeless

Housing Program ($10,000,000).

may transfer appropriations from the Trusteed Programs within the

Office of the Governor to the Texas Workforce Commission for the

purposes of back to work programs, and to the Texas Department of

Housing and Community Affairs for programs for the homeless

authorized by legislation of the 82nd Legislature, Regular Session,

2011, or 1st Called Session, 2011. Further, notwithstanding other

provisions of this Act, it is expressly provided that the Governor,

to the extent permitted under federal law and regulations, may use

any unexpended federal American Recovery and Reinvestment Act,

State Fiscal Stabilization Fund - Government Services funds

(Section 14002(b) of the American Recovery and Reinvestment Act of

2009 (Public Law 111-5)), originally appropriated in Article XII,

Chapter 1424 (Senate Bill 1), Acts of the 81st Legislature, Regular

Session, 2009 (the General Appropriations Act) and reappropriated

in Section 8.02(a), Article IX, House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, for back to work programs or

the programs for the homeless identified in subsections (a) and (b)

above.

(d) Each state agency that received federal American

Recovery and Reinvestment Act, State Fiscal Stabilization Fund -

Government Services funds (Section 14002(b) of the American

Recovery and Reinvestment Act of 2009 (Public Law 111-5)) as

identified in subsection (c) above, and has an amount of these

federal funds unobligated and available for use, may direct the

Comptroller of Public Accounts to transfer an amount of these

federal funds to the Governor for the purpose of transferring

appropriations for back to work programs or programs for the

homeless.

(e) Rider 18, Transfer Prohibition, on page I-55 in the bill

pattern for the Trusteed Programs within the Office of the

Governor, House Bill 1, Acts of the 82nd Legislature, Regular

Session, 2011, is amended as follows:

18. Transfer Prohibition. Except as provided by other Acts

of the 82nd Legislature, 1st Called Session, 2011, and

notwithstanding [~~Notwithstanding~~] other provisions of this Act,

without the written permission of the Legislative Budget Board, the

Trusteed Programs within the Office of the Governor may not

transfer amounts appropriated to the Emerging Technology Fund

Account No. 5124 or appropriated to the Texas Enterprise Fund

Account No. 5107.

(f) Article IX, Section 18.112 on page IX-96 of House Bill

1, Acts of the 82nd Legislature, Regular Session, 2011, has no

effect.

SECTION 10. Contingency for Senate Bill 7: Managed Care

Expansion. Contingent on the enactment of Senate Bill 7 or similar

legislation by the 82nd Legislature, 1st Called Session, 2011,

authorizing the use of managed care in the South Texas counties of

Cameron, Hidalgo, and Maverick, the following actions shall take

place:

a. The Health and Human Services Commission (HHSC) is

appropriated $57,370,186 in General Revenue Funds and

$87,670,192 in Federal Funds in fiscal year 2012 and

$121,680,697 in General Revenue and $185,809,691 in

Federal Funds in fiscal year 2013 for Goal B, Medicaid (a

biennial total of $179,050,883 in General Revenue Funds

and $273,479,883 in Federal Funds); and

b. General Revenue appropriations to HHSC are increased by

$143,139,236 in fiscal year 2012 and $297,625,734 in

fiscal year 2013, and General Revenue appropriations to

the Department of Aging and Disability Services (DADS)

are reduced by $143,139,236 in fiscal year 2012 and

$297,625,734 in fiscal year 2013; therefore,

appropriations at HHSC and DADS for the expansion of the

managed care model for the provision of services is

assumed to be identical to the strategy funding levels of

both agencies in House Bill 1, 82nd Legislature, Regular

Session, 2011.

The Commission shall provide a report detailing the cost

savings in General Revenue Funds and All Funds realized by the

expansion of managed care in the biennium. The report shall be

submitted to the Legislative Budget Board and the Governor by

December 1, 2012.

SECTION 11. Contingency for Senate Bill 7: Institute of

Health Care Quality and Efficiency. Contingent on the enactment of

Senate Bill 7, 82nd Legislature, 1st Called Session, 2011, or

similar legislation relating to creation of an Institute of Health

Care Quality and Efficiency and repeal of the Texas Health Care

Policy Council, the Health and Human Services Commission is

appropriated $228,800 in fiscal year 2012 and $228,800 in fiscal

year 2013 in interagency contracts. The number of "Full-Time

Equivalents (FTE)" is increased by 2.0 FTEs in fiscal year 2012 and

2.0 FTEs in fiscal year 2013.

SECTION 12. Contingency for Senate Bill 7: Health Care

Collaborative. Contingent on enactment of Senate Bill 7, 82nd

Legislature, 1st Called Session, 2011, or similar legislation

relating to creation of health care collaboratives, out of the fees

and assessments collected by the Department of Insurance, the

Department is appropriated:

a. $169,408 for fiscal year 2012 and $461,901 for fiscal

year 2013 from General Revenue Insurance Companies

Maintenance Tax and Insurance Department Fees; and

b. $254,112 for fiscal year 2012 and $692,851 for fiscal

year 2013 from General Revenue-Dedicated Fund 36, the

Texas Department of Insurance operating account, to

implement the provisions of the legislation.

The number of "Full-Time Equivalents (FTE)" is increased by

8.0 FTEs in fiscal year 2012 and 16.0 FTEs in fiscal year 2013.

SECTION 13. Basic Civil Legal Services and Indigent

Defense. In addition to amounts appropriated in House Bill 1, Acts

of the 82nd Legislature, Regular Session, 2011:

(a) The Supreme Court of Texas in Strategy B.1.1, Basic

Civil Legal Services, is hereby appropriated $8,783,784 in fiscal

year 2012 and $8,783,783 in fiscal year 2013 in General Revenue for

Basic Civil Legal Services; and

(b) The Office of Court Administration in Strategy A.2.1,

Indigent Defense, is hereby appropriated $2,437,944 in fiscal year

2012 and $5,175,887 in fiscal year 2013 from the General

Revenue-Dedicated Fair Defense Account No. 5073 to restore grants

to counties ($2,350,894 in fiscal year 2012 and $5,088,837 in

fiscal year 2013) and grant administration ($87,050 each fiscal

year). The agency's FTE cap shall be increased by 1.0 FTE for grant

administration in each year of the biennium.

SECTION 14. Trusteed Programs within the Office of the

Governor: Disaster Funding. (a) In addition to amounts

appropriated in House Bill 1, Acts of the 82nd Legislature, Regular

Session, 2011, the Trusteed Programs within the Office of the

Governor is hereby appropriated $39,000,000 in General Revenue in

fiscal year 2012 in lapsed appropriations made in House Bill 4586,

81st Legislature, Regular Session, 2009, for the purpose of

providing disaster relief.

(b) If any state agency or institution of higher education

receives reimbursement from the federal government, an insurer, or

another source for an expenditure paid for or reimbursed under

subsection (a) above, the agency or institution shall reimburse the

state by depositing the amount of the reimbursement to the credit of

the Trusteed Programs within the Office of the Governor. Amounts

deposited under this subsection are reappropriated to the Trusteed

Programs within the Office of the Governor for disaster

preparedness and recovery costs for the two-year period beginning

on the effective date of this Act.

carried forward to the fiscal year starting September 1, 2012, for

the same purpose.

SECTION 15. Commission on State Emergency Communications.

(a) Rider 10 on page I-31 of House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, in the bill pattern of the

Commission on State Emergency Communications has no effect.

(b) Contingent on the collection of fees in the General

Revenue-Dedicated 9-1-1 Services Fees Account No. 5050 in excess of

$112,968,000 contained in the Comptroller of Public Accounts'

Biennial Revenue Estimate for the 2012-2013 biennium, the

Commission on State Emergency Communications is hereby

appropriated the excess revenue, not to exceed $11,722,424 for the

2012-2013 biennium, in Strategy A.1.1, 9-1-1 Network Operations and

Equipment Replacement for 9-1-1 Network Operations and for 9-1-1

equipment replacement per the established 10-year equipment

replacement schedule. If the Comptroller finds the information

sufficient to support the projection of increased revenues, a

finding of fact to that effect shall be issued and the contingent

appropriation shall be made available for the intended purposes.

SECTION 16. Texas State Technical College - Waco

Institutional Operations. Contingent on Section 13 of House Bill

4, Acts of the 82nd Legislature, Regular Session, 2011, not taking

effect, in addition to amounts appropriated to the Texas State

Technical College - Waco in House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, $2,000,000 is hereby

appropriated for the 2012-2013 biennium out of General Revenue Fund

0001 to the Texas State Technical College - Waco for institutional

operations.

SECTION 17. Lamar Institute of Technology Institutional

Operations. Contingent on Section 34 of House Bill 4, Acts of the

82nd Legislature, Regular Session, 2011, not taking effect, in

addition to amounts appropriated to the Lamar Institute of

Technology in House Bill 1, Acts of the 82nd Legislature, Regular

Session, 2011, $5,000,000 is hereby appropriated for the 2012-2013

biennium from General Revenue Fund 0001 to the Lamar Institute of

Technology for institutional operations.

SECTION 18. Health and Human Services Commission:

Umbilical Cord Blood Bank. If House Bill 4, Acts of the 82nd

Legislature, Regular Session, 2011, becomes law, Section 32 of that

Act is amended to read as follows:

Sec. 32. The amount of $2,000,000 is appropriated from

General Revenue Fund 0001 to the Health and Human Services

Commission for Strategy A.1.1, Enterprise Oversight and Policy, as

designated by page II-73, House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011 (the General Appropriations

Act), for the purpose of entering into a contract with a public cord

blood bank in this state for gathering from live births umbilical

cord blood and retaining the blood at an unrelated cord blood bank

for the primary purpose of making umbilical cord blood available

for transplantation purposes. The contracting blood bank must be

accredited by the American Association of Blood Banks and the

International Organization for Standardization [~~THE UNIVERSITY OF~~

~~TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO:~~ ~~UMBILICAL CORD BLOOD~~

~~BANK.~~ ~~The amount of $2,000,000 is appropriated from General~~

~~Revenue Fund 0001 to The University of Texas Health Science Center~~

~~at San Antonio for the state fiscal biennium ending August 31, 2013,~~

~~for the umbilical cord blood bank~~].

SECTION 19. Sul Ross State University Institutional

Operations. Contingent on Section 33, House Bill 4, Acts of the

82nd Legislature, Regular Session, 2011, not becoming law, in

addition to amounts appropriated to Sul Ross State University in

House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011,

$7,000,000 is appropriated for the 2012-13 biennium from General

Revenue Fund 0001 to Sul Ross State University for the purpose of

institutional operations.

SECTION 20. Contingency for House Bill 3. Contingent on

House Bill 3, Acts of the 82nd Legislature, 1st Called Session,

2011, or similar legislation relating to the operation of the Texas

Windstorm Insurance Association and to the resolution of certain

disputes concerning claims made to that association, becoming law:

(1) the Texas Department of Insurance is appropriated

$131,370 for the state fiscal year beginning September 1, 2011, and

$121,767 for the state fiscal year beginning September 1, 2012,

from General Revenue Insurance Companies Maintenance Tax and

Insurance Department Fees to implement the provisions of that

legislation;

(2) the Number of Full-Time Equivalents (FTE) in the

Texas Department of Insurance's bill pattern, as provided by page

VIII-16, House Bill 1, Acts of the 82nd Legislature, Regular

Session, 2011 (the General Appropriations Act), is increased by 2.0

FTEs for the state fiscal year beginning September 1, 2011, and 2.0

FTEs for the state fiscal year beginning September 1, 2012;

(3) the Texas Public Finance Authority is appropriated

$750,000 out of appropriated receipts from the Texas Windstorm

Insurance Association for the state fiscal year beginning September

1, 2011, to implement the provisions of that legislation; and

(4) the unexpended and unobligated balance of the

amount appropriated under Subdivision (3) of this section remaining

on August 31, 2012, is appropriated to the Texas Public Finance

Authority for the same purposes for the state fiscal year beginning

September 1, 2012.

SECTION 21. University of Texas at El Paso. It is the

intent of the legislature that any decrease in appropriations from

the Permanent Endowment Fund Account No. 817 to The University of

Texas at E1 Paso for the state fiscal biennium ending August 31,

2013, from the preceding state fiscal biennium not be replaced with

an increase in General Revenue appropriations.

SECTION 22. Contingency for House Bill 26: Inmate Fee for

Health Care. Contingent on the enactment of House Bill 26, 82nd

Legislature, 1st Called Session, 2011, or similar legislation

relating to the containment of costs incurred in the correctional

health care system, the Texas Department of Criminal Justice is

appropriated from the General Revenue Fund an amount not to exceed

$7,705,800 in the state fiscal year ending August 31, 2012, and

$5,779,350 in the state fiscal year ending August 31, 2013, out of

health care services fees deposited to the General Revenue Fund

from inmate trust funds not to exceed $100 per inmate per year for

the purpose of providing correctional managed health care to

inmates. Unexpended and unobligated balances of the appropriated

amounts as of August 31, 2012, and August 31, 2013, are transferred

to the undedicated portion of the General Revenue Fund.

SECTION 23. Texas Armed Services Scholarship Program.

Contingent on legislation of the 82nd Legislature, 1st Called

Session, 2011, becoming law that is substantively similar to

provisions of House Bill 2403, Acts of the 82nd Legislature,

Regular Session, 2011, relating to retailers engaged in business in

this state for purposes of sales and use taxes, in addition to the

amounts appropriated by House Bill 1, Acts of the 82nd Legislature,

Regular Session, 2011 (the General Appropriations Act), there is

appropriated to the Texas Higher Education Coordinating Board, the

amount of $2,685,000 in general revenue funds for each year of the

state fiscal biennium ending August 31, 2013, for the purpose of

providing additional funding for the biennium in the amount of

$5,370,000 for Strategy B.1.13, Texas Armed Services Scholarship

Program, as designated by House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, in the appropriations to the

coordinating board.

SECTION 24. Specialty License Plate Revenue. If Section

13.07, Article IX, House Bill 1, Acts of the 82nd Legislature,

Regular Session, 2011, becomes law, Section 13.07(a) of that

Article is amended to read as follows:

(a) Except as provided by Subsection (c) of this Section,

for the fiscal biennium beginning September 1, 2011, the amounts

appropriated to an agency under Articles I-VIII of this Act

include, regardless of whether or not the amounts may be shown under

or limited by the bill pattern or riders of the agency or the

special provisions applicable to the Article of this Act under

which the agency's appropriation might be located, [~~fifty percent~~

of] all revenue collected by an agency on or after September 1,

2011, that are associated with the sale of a Texas specialty license

plate, as authorized by Subchapter G, Chapter 504, Transportation

Code, or other applicable statute, during the 2012-13 biennium,

including any new license plates that may be authorized or issued

after September 1, 2011.

SECTION 25. Texas State University System: System

Operations Reimbursement. In addition to amounts appropriated to

the Texas State University System in House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, there is hereby appropriated

for the 2012-2013 biennium $1,600,000 in General Revenue to the

Texas State University System for one-time costs at the system

office. It is the intent of the legislature that this appropriation

is one-time for the 2012-2013 biennium and shall not be included in

the base funding for the 2014-2015 biennium.

SECTION 26. Appropriation: Jobs and Education for Texans.

There is hereby appropriated all remaining unexpended and

unobligated balances as of August 31, 2011 (estimated to be

$5,000,000), out of the General Revenue-Dedicated Jobs and

Education for Texans Account No. 5143 to the Comptroller of Public

Accounts - Fiscal Programs for the purposes of providing grants in

accordance with Government Code, Chapter 403, Subchapter O, and

Education Code, Chapter 134. Any unexpended and unobligated

balances remaining as of August 31, 2012, are hereby appropriated

for the same purpose for the fiscal year beginning September 1,

2012.

SECTION 27. Contingency for Senate Bill 1: Charter School

Bonds. Contingent on enactment of Senate Bill 1, 82nd Legislature,

1st Called Session, 2011, or similar legislation relating to the

guarantee of open-enrollment charter school bonds by the Permanent

School Fund, by the 82nd Legislature, 1st Called Session, 2011, the

Texas Education Agency is hereby appropriated from the General

Revenue Fund $550,000 in each fiscal year of the 2012-2013

biennium. These appropriations are contingent upon the Texas

Education Agency assessing fees sufficient to generate, during the

2012-2013 biennium, revenue to cover the appropriations for

implementation of the legislation as well as associated "other

direct and indirect costs" appropriated elsewhere in this Act. In

the event that actual and/or projected revenue collections are

insufficient to offset the costs identified by this provision, the

Comptroller of Public Accounts may reduce the appropriation

authority provided herein to be within the amount of revenue

expected to be available.

SECTION 28. University of Texas at Austin. Out of funds

appropriated to The University of Texas at Austin in Strategy

C.4.1, Institutional Enhancement, in House Bill 1, 82nd

Legislature, Regular Session, 2011, $500,000 in General Revenue in

fiscal year 2012 and $500,000 in General Revenue in fiscal year 2013

is for a program at the College of Fine Arts developed in

partnership with the Texas Cultural Trust to extend the fine arts

digital literacy curriculum to 10th grade fine arts instruction and

the development of teacher certification curriculum in digital

literacy for the fine arts.

SECTION 29. Texas Forest Service. In addition to amounts

appropriated to the Texas Forest Service in House Bill 1, Acts of

the 82nd Legislature, Regular Session, 2011, there is hereby

appropriated $40,000,000 in General Revenue in fiscal year 2012 to

the agency for combating wildfire. Any unexpended balances as of

August 31, 2012, are hereby appropriated to the Texas Forest

Service for the fiscal year beginning September 1, 2012, for the

same purpose.

SECTION 30. Department of Public Safety: Border Security.

In addition to amounts appropriated in House Bill 1, Acts of the

82nd Legislature, Regular Session, 2011, and in addition to capital

purchases authorized in Rider 2 of the bill pattern for the Texas

Department of Public Safety: The Texas Department of Public Safety

is hereby appropriated $1,200,000 in General Revenue for the

2012-2013 biennium to be allocated as follows:

(a) $1,066,667 shall be used to purchase the following:

(1) $800,000 for tactical vessels; and

(2) $266,667 for weaponry.

(b) $133,333 shall be used by the agency for operations

costs, not including training costs, associated with the equipment

identified above.

The Legislative Budget Board shall make all necessary and

corresponding adjustments to the bill pattern of the Texas

Department of Public Safety, including adjustments to Rider 2,

Capital Budget, as necessary to implement the appropriation

authority provided by this section.

SECTION 31. Parks and Wildlife Department: Border

Security. In addition to amounts appropriated in House Bill 1, Acts

of the 82nd Legislature, Regular Session, 2011, and in addition to

capital purchases authorized in Rider 2 of the bill pattern for the

Parks and Wildlife Department: The Texas Parks and Wildlife

Department is hereby appropriated $909,759 in General Revenue for

the 2012-2013 biennium to be allocated as follows:

(a) $578,959 shall be used to purchase the following:

(1) $501,359 for SAFEBOATS; and

(2) $77,600 for weaponry and ammunition.

(b) $330,800 shall be used by the agency for operations

costs, not including training costs, associated with the equipment

identified above.

The Legislative Budget Board shall make all necessary and

corresponding adjustments to the bill pattern of the Parks and

Wildlife Department, including adjustments to Rider 2, Capital

Budget, as necessary to implement the appropriation authority

provided by this section.

SECTION 32. Texas Department of Rural Affairs: Transfer of

Functions. Contingent on enactment of Senate Bill 1, 82nd

Legislature, 1st Called Session, 2011, or similar legislation

providing for the transfer of all functions of the Texas Department

of Rural Affairs:

(a) All appropriations, FTEs, riders and measures for the

Texas Department of Rural Affairs in House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, for all nondisaster relief

funding purposes, including Community Development Block Grant

planning grant funds, are hereby transferred and appropriated to

the Texas Department of Agriculture.

(b) The Legislative Budget Board shall work with the

affected agencies on an agreement for the proper amount and

allocation of appropriations, FTEs, measures and riders. The

Legislative Budget Board shall approve the allocation agreement by

August 31, 2011, and will resolve any allocation issues that arise

thereafter.

adjustments as a result of this section to the bill patterns of the

affected agencies.

SECTION 33. Community Development Block Grant: Disaster

Relief Funding. Pursuant to the Governor designating the General

Land Office as the state agency responsible for administration of

the Community Development Block Grant disaster recovery funding for

Texas, as allowed under the Consolidated Security, Disaster

Assistance, and Continuing Appropriations Act and other related

federal provisions:

(a) All appropriations, FTEs, riders, and measures for the

Texas Department of Housing and Community Affairs related to

Community Development Block Grant disaster recovery funding and

assistance in House Bill 1, Acts of the 82nd Legislature, Regular

Session, 2011, are hereby transferred and appropriated to the

General Land Office.

(b) All appropriations, FTEs, riders and measures for the

Texas Department of Rural Affairs, or its successor agency, related

to disaster recovery funding in House Bill 1, Acts of the 82nd

Legislature, Regular Session, 2011, are hereby transferred and

appropriated to the General Land Office.

affected agencies on an agreement for the proper amount and

allocation of appropriations, FTEs, measures and riders. The

Legislative Budget Board shall approve the allocation agreement by

August 31, 2011, and will resolve any allocation issues that arise

thereafter.

(d) The Legislative Budget Board shall make all necessary

adjustments as a result of this section to the bill patterns of the

affected agencies.

SECTION 34. SAVING 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 35. This Act takes effect immediately. Except as

otherwise provided by this Act, the appropriations made by this Act

are effective for the two-year period starting September 1, 2011.

______________________________

President of the Senate

Speaker of the House

______________________________

Secretary of the Senate

______________________________

Chief Clerk of the House

Approved:

I, Susan Combs, Comptroller of

______________________________ Public Accounts, do hereby

Date certify that the amounts

appropriated in the herein

S.B. No. 2, 1st Called Session,

______________________________ 82nd Legislature, are within the

Governor amount estimated to be available

in the affected fund.

Certified _____________, 2011.

______________________________

Comptroller of Public Accounts