By: Pitts, et al. (Senate Sponsor - Ogden) H.B. No. 4

(In the Senate - Received from the House April 4, 2011; April 4, 2011, read first time and referred to Committee on Finance; May 2, 2011, reported adversely, with favorable Committee Substitute by the following vote: Yeas 13, Nays 0, 1 present not voting; May 2, 2011, sent to printer.)

COMMITTEE SUBSTITUTE FOR H.B. No. 4 By: Ogden

A BILL TO BE ENTITLED

AN ACT

relating to making supplemental appropriations and giving direction and adjustment authority regarding appropriations.

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

SECTION 1. CERTAIN REDUCTIONS IN APPROPRIATIONS FOR THE STATE FISCAL YEAR ENDING AUGUST 31, 2011. (a) The appropriations from the general revenue fund for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the agencies listed in this subsection are reduced respectively for each agency, in the unencumbered amounts indicated by this subsection, for a total aggregate reduction of $1,059,070,326. Each of the following agencies shall identify the strategies and objectives out of which the indicated reductions in unencumbered amounts appropriated to the agency from the general revenue fund are made except to the extent a strategy or objective is specified by this subsection:

(1) Office of the Attorney General: $17,484,078 from General Revenue Fund 0001;

(2) Bond Review Board: $52,066 from General Revenue Fund 0001;

(3) Comptroller of Public Accounts: $13,732,608 from General Revenue Fund 0001;

(4) Texas Ethics Commission: $163,972 from General Revenue Fund 0001;

(5) Facilities Commission: $1,291,970 from General Revenue Fund 0001;

(6) Public Finance Authority: $56,892,135 from General Revenue Fund 0001;

(7) Fire Fighters' Pension Commissioner: $16,889 from General Revenue Fund 0001;

(8) Office of the Governor: $271,118 from General Revenue Fund 0001;

(9) Trusteed Programs within the Office of the Governor: $2,541,907 from General Revenue Fund 0001;

(10) Historical Commission: $919,769 from General Revenue Fund 0001;

(11) Department of Information Resources: $59,451 from General Revenue Fund 0001;

(12) Library & Archives Commission: $2,393,317 from General Revenue Fund 0001;

(13) Pension Review Board: $42,189 from General Revenue Fund 0001;

(14) Preservation Board: $295,823 from General Revenue Fund 0001;

(15) Secretary of State: $789,485 from General Revenue Fund 0001;

(16) Veterans Commission: $359,819 from General Revenue Fund 0001;

(17) Department of Aging and Disability Services: $57,486,512 from General Revenue Fund 0001;

(18) Department of Assistive and Rehabilitative Services: $7,271,451 from General Revenue Fund 0001;

(19) Department of Family and Protective Services: $16,465,070 from General Revenue Fund 0001;

(20) Department of State Health Services: $30,888,622 from General Revenue Fund 0001;

(21) Health and Human Services Commission: $114,214,139 from General Revenue Fund 0001;

(22) Texas Education Agency: $90,277,640 from General Revenue Fund 0001;

(23) School for the Blind and Visually Impaired: $1,397,421 from General Revenue Fund 0001;

(24) School for the Deaf: $781,956 from General Revenue Fund 0001;

(25) Teacher Retirement System: $3,700,000 from General Revenue Fund 0001;

(26) Higher Education Employees Group Insurance Contributions: $56,153,317 from General Revenue Fund 0001;

(27) Higher Education Coordinating Board: $17,683,061 from General Revenue Fund 0001;

(28) The University of Texas System Administration: $250,000 from General Revenue Fund 0001;

(29) The University of Texas at Arlington: $7,979,094 from General Revenue Fund 0001;

(30) The University of Texas at Austin: $34,802,552 from General Revenue Fund 0001;

(31) The University of Texas at Dallas: $9,601,643 from General Revenue Fund 0001;

(32) The University of Texas at El Paso: $11,976,764 from General Revenue Fund 0001;

(33) The University of Texas - Pan American: $7,344,515 from General Revenue Fund 0001;

(34) The University of Texas at Brownsville: $3,581,390 from General Revenue Fund 0001;

(35) The University of Texas of the Permian Basin: $5,918,190 from General Revenue Fund 0001;

(36) The University of Texas at San Antonio: $12,397,011 from General Revenue Fund 0001;

(37) The University of Texas at Tyler: $4,365,466 from General Revenue Fund 0001;

(38) Texas A&M University System Administrative and General Offices: $250,000 from General Revenue Fund 0001;

(39) Texas A&M University: $18,065,118 from General Revenue Fund 0001;

(40) Texas A&M University at Galveston: $1,240,706 from General Revenue Fund 0001;

(41) Prairie View A&M University: $3,632,323 from General Revenue Fund 0001;

(42) Tarleton State University: $2,377,562 from General Revenue Fund 0001;

(43) Texas A&M University - Corpus Christi: $4,151,741 from General Revenue Fund 0001;

(44) Texas A&M University - Kingsville: $3,383,777 from General Revenue Fund 0001;

(45) Texas A&M International University: $2,096,339 from General Revenue Fund 0001;

(46) West Texas A&M University: $2,798,970 from General Revenue Fund 0001;

(47) Texas A&M University - Commerce: $2,861,747 from General Revenue Fund 0001;

(48) Texas A&M University - Texarkana: $671,472 from General Revenue Fund 0001;

(49) University of Houston System Administration: $257,077 from General Revenue Fund 0001;

(50) University of Houston: $15,995,397 from General Revenue Fund 0001;

(51) University of Houston - Clear Lake: $2,780,479 from General Revenue Fund 0001;

(52) University of Houston - Downtown: $1,849,987 from General Revenue Fund 0001;

(53) University of Houston - Victoria: $1,099,229 from General Revenue Fund 0001;

(54) Midwestern State University: $1,702,745 from General Revenue Fund 0001;

(55) University of North Texas System Administration: $713,628 from General Revenue Fund 0001;

(56) University of North Texas: $7,759,219 from General Revenue Fund 0001;

(57) Stephen F. Austin State University: $5,043,398 from General Revenue Fund 0001;

(58) Texas Southern University: $3,876,116 from General Revenue Fund 0001;

(59) Texas Tech University System Administration: $200,000 from General Revenue Fund 0001;

(60) Texas Tech University: $11,692,679 from General Revenue Fund 0001;

(61) Angelo State University: $2,328,579 from General Revenue Fund 0001;

(62) Texas Woman's University: $1,924,726 from General Revenue Fund 0001;

(63) Texas State University System: $85,294 from General Revenue Fund 0001;

(64) Lamar University: $5,140,684 from General Revenue Fund 0001;

(65) Lamar Institute of Technology: $732,715 from General Revenue Fund 0001;

(66) Lamar State College - Orange: $540,586 from General Revenue Fund 0001;

(67) Lamar State College - Port Arthur: $863,307 from General Revenue Fund 0001;

(68) Sam Houston State University: $3,448,892 from General Revenue Fund 0001;

(69) Texas State University - San Marcos: $6,857,731 from General Revenue Fund 0001;

(70) Sul Ross State University: $1,149,935 from General Revenue Fund 0001;

(71) Sul Ross State University Rio Grande College: $451,287 from General Revenue Fund 0001;

(72) The University of Texas Southwestern Medical Center at Dallas: $17,126,319 from General Revenue Fund 0001;

(73) The University of Texas Medical Branch at Galveston: $33,083,291 from General Revenue Fund 0001;

(74) The University of Texas Health Science Center at Houston: $19,408,079 from General Revenue Fund 0001;

(75) The University of Texas Health Science Center at San Antonio: $20,364,412 from General Revenue Fund 0001;

(76) The University of Texas M. D. Anderson Cancer Center: $20,446,441 from General Revenue Fund 0001;

(77) The University of Texas Health Center at Tyler: $5,349,891 from General Revenue Fund 0001;

(78) Texas A&M University System Health Science Center: $10,672,046 from General Revenue Fund 0001;

(79) University of North Texas Health Science Center at Fort Worth: $4,957,588 from General Revenue Fund 0001;

(80) Texas Tech University Health Sciences Center: $14,283,190 from General Revenue Fund 0001;

(81) Texas State Technical College System Administration: $314,674 from General Revenue Fund 0001;

(82) Texas State Technical College - Harlingen: $1,707,490 from General Revenue Fund 0001;

(83) Texas State Technical College - West Texas: $1,111,674 from General Revenue Fund 0001;

(84) Texas State Technical College - Marshall: $433,962 from General Revenue Fund 0001;

(85) Texas State Technical College - Waco: $2,416,071 from General Revenue Fund 0001;

(86) Texas AgriLife Research: $4,506,706 from General Revenue Fund 0001;

(87) Texas AgriLife Extension Service: $4,932,005 from General Revenue Fund 0001;

(88) Texas Engineering Experiment Station: $1,145,627 from General Revenue Fund 0001;

(89) Texas Transportation Institute: $56,250 from General Revenue Fund 0001;

(90) Texas Engineering Extension Service: $596,416 from General Revenue Fund 0001;

(91) Texas Forest Service: $1,032,378 from General Revenue Fund 0001;

(92) Texas Veterinary Medical Diagnostic Laboratory: $617,294 from General Revenue Fund 0001;

(93) Supreme Court of Texas: $559,922 from General Revenue Fund 0001;

(94) Court of Criminal Appeals: $269,433 from General Revenue Fund 0001;

(95) First Court of Appeals District, Houston: $233,239 from General Revenue Fund 0001;

(96) Second Court of Appeals District, Fort Worth: $175,606 from General Revenue Fund 0001;

(97) Third Court of Appeals District, Austin: $154,183 from General Revenue Fund 0001;

(98) Fourth Court of Appeals District, San Antonio: $177,249 from General Revenue Fund 0001;

(99) Fifth Court of Appeals District, Dallas: $319,965 from General Revenue Fund 0001;

(100) Sixth Court of Appeals District, Texarkana: $85,715 from General Revenue Fund 0001;

(101) Seventh Court of Appeals District, Amarillo: $105,089 from General Revenue Fund 0001;

(102) Eighth Court of Appeals District, El Paso: $85,864 from General Revenue Fund 0001;

(103) Ninth Court of Appeals District, Beaumont: $104,734 from General Revenue Fund 0001;

(104) Tenth Court of Appeals District, Waco: $84,894 from General Revenue Fund 0001;

(105) Eleventh Court of Appeals District, Eastland: $85,548 from General Revenue Fund 0001;

(106) Twelfth Court of Appeals District, Tyler: $86,576 from General Revenue Fund 0001;

(107) Thirteenth Court of Appeals District, Corpus Christi-Edinburg: $154,821 from General Revenue Fund 0001;

(108) Fourteenth Court of Appeals District, Houston: $234,047 from General Revenue Fund 0001;

(109) Office of Court Administration, Texas Judicial Council: $521,168 from General Revenue Fund 0001;

(110) Office of Capital Writs: $37,089 from General Revenue Fund 0001;

(111) Office of State Prosecuting Attorney: $53,188 from General Revenue Fund 0001;

(112) State Law Library: $27,077 from General Revenue Fund 0001;

(113) Judiciary Section, Comptroller's Department: $862,018 from General Revenue Fund 0001;

(114) State Commission on Judicial Conduct: $62,772 from General Revenue Fund 0001;

(115) Adjutant General's Department: $1,362,009 from General Revenue Fund 0001;

(116) Alcoholic Beverage Commission: $2,793,890 from General Revenue Fund 0001;

(117) Department of Criminal Justice: $65,874,494 from General Revenue Fund 0001;

(118) Commission on Jail Standards: $78,513 from General Revenue Fund 0001;

(119) Juvenile Probation Commission: $7,015,504 from General Revenue Fund 0001;

(120) Commission on Law Enforcement Officer Standards and Education: $74,940 from General Revenue Fund 0001;

(121) Department of Public Safety: $6,045,065 from General Revenue Fund 0001;

(122) Youth Commission: $13,245,121 from General Revenue Fund 0001;

(123) Department of Agriculture: $4,342,526 from General Revenue Fund 0001;

(124) Animal Health Commission: $973,114 from General Revenue Fund 0001;

(125) Commission on Environmental Quality: $298,050 from General Revenue Fund 0001;

(126) General Land Office and Veterans' Land Board: $903,431 from General Revenue Fund 0001;

(127) Parks and Wildlife Department: $227,845 from General Revenue Fund 0001;

(128) Railroad Commission: $2,322,377 from General Revenue Fund 0001;

(129) Soil and Water Conservation Board: $1,690,749 from General Revenue Fund 0001;

(130) Debt Service Payments - Non-Self Supporting G.O. Water Bonds: $27,398,762 from General Revenue Fund 0001;

(131) Water Development Board: $823,997 from General Revenue Fund 0001;

(132) Department of Housing and Community Affairs: $1,203,967 from General Revenue Fund 0001;

(133) Texas Lottery Commission: $388,007 from General Revenue Fund 0001;

(134) Department of Motor Vehicles: $1,138,428 from General Revenue Fund 0001;

(135) Department of Rural Affairs: $732,117 from General Revenue Fund 0001;

(136) Department of Transportation: $20,000,000 from General Revenue Fund 0001;

(137) Texas Workforce Commission: $3,754,693 from General Revenue Fund 0001;

(138) State Office of Administrative Hearings: $252,505 from General Revenue Fund 0001;

(139) Board of Chiropractic Examiners: $14,816 from General Revenue Fund 0001;

(140) Texas State Board of Dental Examiners: $114,118 from General Revenue Fund 0001;

(141) Funeral Service Commission: $18,444 from General Revenue Fund 0001;

(142) Board of Professional Geoscientists: $40,349 from General Revenue Fund 0001;

(143) Office of Public Insurance Counsel: $80,533 from General Revenue Fund 0001;

(144) Board of Professional Land Surveying: $32,463 from General Revenue Fund 0001;

(145) Department of Licensing and Regulation: $1,779,282 from General Revenue Fund 0001;

(146) Texas Medical Board: $227,469 from General Revenue Fund 0001;

(147) Texas Board of Nursing: $269,638 from General Revenue Fund 0001;

(148) Optometry Board: $11,010 from General Revenue Fund 0001;

(149) Board of Pharmacy: $212,929 from General Revenue Fund 0001;

(150) Executive Council of Physical Therapy & Occupational Therapy Examiners: $76,090 from General Revenue Fund 0001;

(151) Board of Plumbing Examiners: $169,609 from General Revenue Fund 0001;

(152) Board of Podiatric Medical Examiners: $5,959 from General Revenue Fund 0001;

(153) Board of Examiners of Psychologists: $49,005 from General Revenue Fund 0001;

(154) Real Estate Commission: $503,762 from General Revenue Fund 0001;

(155) Securities Board: $982,946 from General Revenue Fund 0001;

(156) Public Utility Commission of Texas: $808,890 from General Revenue Fund 0001;

(157) Office of Public Utility Counsel: $131,904 from General Revenue Fund 0001;

(158) Board of Veterinary Medical Examiners: $4,419 from General Revenue Fund 0001; and

(159) agencies and entities appropriated general revenue funds by Article X, Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act): $11,688,731 from General Revenue Fund 0001, subject to Section 2 of this Act.

(b)(i) The unencumbered appropriation from the sporting good sales tax transfers to the general revenue fund (State Parks Account No. 64), pursuant to Section 11.035, Parks and Wildlife Code, and Section 151.801, Tax Code, for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Parks and Wildlife Department is reduced by $1,259,680.

(ii) The unencumbered appropriation from the sporting good sales tax transfers to the general revenue fund (Texas Recreation and Parks Account No. 467), pursuant to Section 24.003, Parks and Wildlife Code, and Section 151.801, Tax Code, for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Parks and Wildlife Department is reduced by $3,150,000.

(iii) The unencumbered appropriation from the sporting good sales tax transfers to the general revenue fund (Large County and Municipality Recreation and Parks Account No. 5150), pursuant to Section 24.053, Parks and Wildlife Code, and Section 151.801, Tax Code, for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Parks and Wildlife Department is reduced by $2,100,000.

(iv) The unencumbered appropriation from the sporting good sales tax transfers to the general revenue fund (State Parks Account No. 64), pursuant to Section 11.035, Parks and Wildlife Code, and Section 151.801, Tax Code, for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Public Finance Authority is reduced by $5,847,851.

(c) The amounts of the unencumbered appropriations listed below that were appropriated from the general revenue fund by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), for Public Junior/Community Colleges, are reduced for the state fiscal year ending August 31, 2011, in the aggregate amount of $76,111,610 as indicated by this subsection. Pursuant to Section 130.0031, Education Code, the Texas Higher Education Coordinating Board and the comptroller of public accounts shall apply the reductions in general revenue appropriations to each community or junior college in the amounts indicated:

(1) Alamo Community College: $6,811,203;

(2) Alvin Community College: $630,970;

(3) Amarillo College: $1,286,495;

(4) Angelina College: $630,541;

(5) Austin Community College: $3,507,989;

(6) Blinn College: $2,047,679;

(7) Brazosport College: $438,799;

(8) Central Texas College: $1,588,719;

(9) Cisco Junior College: $522,994;

(10) Clarendon College: $199,528;

(11) Coastal Bend College: $487,469;

(12) College of the Mainland: $476,780;

(13) Collin County Community College: $2,387,580;

(14) Dallas County Community College: $8,912,016;

(15) Del Mar College: $1,391,753;

(16) El Paso Community College: $2,523,687;

(17) Frank Phillips College: $212,352;

(18) Galveston College: $354,701;

(19) Grayson County College: $558,045;

(20) Hill College: $793,644;

(21) Houston Community College: $5,275,284;

(22) Howard College: $822,395;

(23) Kilgore College: $937,550;

(24) Laredo Community College: $963,810;

(25) Lee College: $767,122;

(26) Lone Star College System: $4,621,188;

(27) McLennan Community College: $1,050,779;

(28) Midland College: $952,683;

(29) Navarro College: $1,136,872;

(30) North Central Texas College: $958,088;

(31) Northeast Texas Community College: $317,400;

(32) Odessa College: $635,532;

(33) Panola College: $397,491;

(34) Paris Junior College: $695,431;

(35) Ranger College: $156,117;

(36) San Jacinto College: $2,916,262;

(37) South Plains College: $1,127,037;

(38) South Texas College: $2,292,651;

(39) Southwest Texas Junior College: $574,796;

(40) Tarrant County College: $4,739,004;

(41) Temple College: $620,631;

(42) Texarkana College: $697,627;

(43) Texas Southmost College: $1,737,231;

(44) Trinity Valley Community College: $1,482,408;

(45) Tyler Junior College: $1,969,699;

(46) Vernon College: $442,264;

(47) Victoria College: $508,508;

(48) Weatherford College: $617,559;

(49) Western Texas College: $300,881; and

(50) Wharton County Junior College: $634,366.

(d) The appropriations from dedicated accounts in the general revenue fund for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the agencies listed in this subsection are reduced respectively for each agency, in the unencumbered amounts indicated by this subsection from the dedicated accounts indicated by this subsection, for a total aggregate reduction of $137,092,585. Each of the following agencies shall identify the strategies and objectives out of which the indicated reductions in unencumbered amounts appropriated to the agency from the indicated account in the general revenue fund are made:

(1) Commission on the Arts: $230,069 from general revenue dedicated account number 334, Commission on the Arts Operating Account;

(2) Office of the Attorney General: $5,510 from general revenue dedicated account number 5006, AG Law Enforcement Account;

(3) Office of the Attorney General: $5,236 from general revenue dedicated account number 5010, Sexual Assault Program Account;

(4) Commission on State Emergency Communications: $1,864,589 from general revenue dedicated account number 5007, Commission on State Emergency Communications Account;

(5) Commission on State Emergency Communications: $2,039,808 from general revenue dedicated account number 5050, 9-1-1 Service Fees Account;

(6) Facilities Commission: $120,900 from general revenue dedicated account number 570, Federal Surplus Property Service Charge Account;

(7) Historical Commission: $234,600 from general revenue dedicated account number 664, Texas Preservation Trust Account;

(8) Department of Assistive and Rehabilitative Services: $24,159 from general revenue dedicated account number 492, Business Enterprise Program Account;

(9) Department of State Health Services: $774,607 from general revenue dedicated account number 19, Vital Statistics Account;

(10) Department of State Health Services: $10,530 from general revenue dedicated account number 129, Hospital Licensing Account;

(11) Department of State Health Services: $26,190 from general revenue dedicated account number 341, Food and Drug Retail Fee Account;

(12) Department of State Health Services: $29,022 from general revenue dedicated account number 512, Bureau of Emergency Management Account;

(13) Department of State Health Services: $195,168 from general revenue dedicated account number 524, Public Health Services Fee Account;

(14) Department of State Health Services: $16,283 from general revenue dedicated account number 5017, Asbestos Removal Licensure Account;

(15) Department of State Health Services: $4,590 from general revenue dedicated account number 5020, Workplace Chemicals List Account;

(16) Department of State Health Services: $76,680 from general revenue dedicated account number 5024, Food and Drug Registration Account;

(17) Department of State Health Services: $1,500,000 from general revenue dedicated account number 5049, State Owned Multicategorical Teaching Hospital Account;

(18) Department of State Health Services: $5,000,810 from general revenue dedicated account number 5111, Designated Trauma Facility and EMS Account;

(19) Higher Education Coordinating Board: $17,500 from general revenue dedicated account number 106, Scholarship Fund for Fifth Year Accounting Students Account;

(20) Higher Education Coordinating Board: $16,000 from general revenue dedicated account number 542, Medical School Tuition Set Aside Account;

(21) Higher Education Coordinating Board: $407,000 from general revenue dedicated account number 5144, Physician Education Loan Repayment Program Account;

(22) Texas A&M University System Administrative and General Offices: $453,819 from general revenue dedicated account number 96, Texas A&M University Mineral Income Account;

(23) Prairie View A&M University: $292,938 from general revenue dedicated account number 5029, Center for Study and Prevention of Juvenile Crime and Delinquency Account;

(24) The University of Texas Medical Branch at Galveston: $9,375 from general revenue dedicated account number 5007, Commission on State Emergency Communications Account;

(25) Texas AgriLife Research: $25,000 from general revenue dedicated account number 151, Clean Air Account;

(26) Texas Engineering Experiment Station: $47,601 from general revenue dedicated account number 5071, Emissions Reduction Plan Account;

(27) Texas Forest Service: $375,000 from general revenue dedicated account number 5064, Volunteer Fire Department Assistance Account;

(28) Office of Court Administration, Texas Judicial Council: $726,628 from general revenue dedicated account number 5073, Fair Defense Account;

(29) Office of Capital Writs: $41,169 from general revenue dedicated account number 5073, Fair Defense Account;

(30) Department of Criminal Justice: $1,060,000 from general revenue dedicated account number 5060, Private Sector Prison Industries Account;

(31) Commission on Law Enforcement Officer Standards and Education: $49,500 from general revenue dedicated account number 116, Law Enforcement Officer Standards and Education Account;

(32) Department of Public Safety: $1,100,000 from general revenue dedicated account number 99, Operators and Chauffeurs License Account;

(33) Department of Agriculture: $8,329 from general revenue dedicated account number 5002, Young Farmer Loan Guarantee Account;

(34) Department of Agriculture: $44,000 from general revenue dedicated account number 5051, Go Texan Partner Program Plates Account;

(35) Commission on Environmental Quality: $100,000 from general revenue dedicated account number 88, Low-Level Radioactive Waste Account;

(36) Commission on Environmental Quality: $37,861 from general revenue dedicated account number 146, Used Oil Recycling Account;

(37) Commission on Environmental Quality: $2,169,081 from general revenue dedicated account number 151, Clean Air Account;

(38) Commission on Environmental Quality: $141,701 from general revenue dedicated account number 153, Water Resource Management Account;

(39) Commission on Environmental Quality: $5,208 from general revenue dedicated account number 158, Watermaster Administration Account;

(40) Commission on Environmental Quality: $151,822 from general revenue dedicated account number 549, Waste Management Account;

(41) Commission on Environmental Quality: $210,950 from general revenue dedicated account number 550, Hazardous and Solid Waste Remediation Fees Account;

(42) Commission on Environmental Quality: $244,249 from general revenue dedicated account number 655, Petroleum Storage Tank Remediation Account;

(43) Commission on Environmental Quality: $13,963,227 from general revenue dedicated account number 5071, Emissions Reduction Plan Account;

(44) Commission on Environmental Quality: $105,430 from general revenue dedicated account number 5093, Dry Cleaning Facility Release Account;

(45) Commission on Environmental Quality: $425,384 from general revenue dedicated account number 5094, Operating Permit Fees Account;

(46) General Land Office and Veterans' Land Board: $284,517 from general revenue dedicated account number 27, Coastal Protection Account;

(47) Parks and Wildlife Department: $4,205,299 from general revenue dedicated account number 64, State Parks Account;

(48) Parks and Wildlife Department: $7,317,562 from general revenue dedicated account number 9, Game, Fish, and Water Safety Account;

(49) Parks and Wildlife Department: $300,000 from general revenue dedicated account number 467, Texas Recreation and Parks Account;

(50) Parks and Wildlife Department: $200,000 from general revenue dedicated account number 5150, Large County and Municipality Recreation and Parks Account;

(51) Railroad Commission: $161,191 from general revenue dedicated account number 101, Alternative Fuels Research and Education Account;

(52) Railroad Commission: $2,333,597 from general revenue dedicated account number 145, Oil-Field Cleanup Account;

(53) Texas Department of Rural Affairs: $157,500 from general revenue dedicated account number 5047, Permanent Fund for Rural Health Facility Capital Improvement Account;

(54) Texas Workforce Commission: $294,654 from general revenue dedicated account number 165, Unemployment Compensation Special Administration Account;

(55) Reimbursements to the Unemployment Compensation Benefit Account: $123,627 from general revenue dedicated account number 165, Unemployment Compensation Special Administration Account;

(56) Department of Licensing and Regulation: $2,651 from general revenue dedicated account number 99, Operators and Chauffeurs License Account;

(57) Texas Medical Board: $55,741 from general revenue dedicated account number 5105, Public Assurance Account;

(58) Racing Commission: $507,420 from general revenue dedicated account number 597, Texas Racing Commission Account; and

(59) Public Utility Commission of Texas: $86,762,303 from general revenue dedicated account number 5100, System Benefit Account.

(e) The appropriations from funds and from dedicated accounts in the general revenue fund for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the agencies listed in this subsection are reduced respectively for each agency, in the unencumbered amounts indicated by this subsection from the funds or dedicated accounts indicated by this subsection, for a total aggregate reduction of $60,757,700. Each of the following agencies shall identify the strategies and objectives out of which the indicated reductions in unencumbered amounts appropriated to the agency from the indicated fund or account are made:

(1) Texas Education Agency: $10,000,000 from State Textbook Fund 0003; and

(2) Texas Education Agency: $50,757,700 from Foundation School Fund 193.

(f)(1) The appropriations from the general revenue fund for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Judiciary Section, Comptroller's Department from General Revenue Fund 0001 are reduced respectively in the unencumbered amounts indicated by this subsection:

(A) $130,561 under Strategy A.1.2., Visiting Judges - Regions;

(B) $9,515 under Strategy A.1.3., Visiting Judges - Appellate;

(C) $8,900 under Strategy A.1.5., District Judges: Travel;

(D) $5,250 under Strategy B.1.5., Felony Prosecutors: Travel;

(E) $133,456 under Strategy B.1.6., Felony Prosecutors: Expenses;

(F) $140 under Strategy B.1.7., Travis Co. Asst. DA Supplements;

(G) $38,203 under Strategy D.1.4., Public Integrity Unit, Travis Co.;

(H) $97,988 under Strategy D.1.5., Special Prosecution Unit, Walker Co.;

(I) $101,770 under Strategy D.1.9., Sex Offender Treatment and Supervision; and

(J) $4,425 under Strategy D.1.11., Montgomery Co. - 435th Dist. Ct. Staff.

(2) The amounts of the unencumbered appropriations from General Revenue Fund 0001 that were appropriated in Strategy A.1.1., District Judge Salaries, page IV-31, Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Judiciary Section, Comptroller's Department, are reduced by $4,907,836, and the appropriations from Judicial Fund 0573 are increased by $6,507,836, for the state fiscal year ending August 31, 2011. Additionally, the appropriations in Strategy A.1.1., District Judge Salaries, for the state fiscal year ending August 31, 2011, are converted from an estimated to a sum certain appropriation of $23,440,403 from General Revenue Fund 0001 and $34,812,243 from Judicial Fund 0573.

(g) The appropriations from federal funds (TANF) for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Department of Assistive and Rehabilitative Services are reduced by $4,319,216.

(h) The amounts of the unencumbered appropriations that were appropriated by Rider 3, page I-62, Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Department of Information Resources for the state fiscal year ending August 31, 2011, are reduced by $1,250,000 from appropriated receipts, and are reduced by $500,000 from interagency contracts. The comptroller of public accounts shall transfer the sum of those amounts from the Department of Information Resources clearing account to the undedicated portion of the general revenue fund.

(i) The amounts of the unencumbered appropriations from interagency contracts that were appropriated by Rider 8, page I-63, Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Department of Information Resources are reduced by $2,550,000 for the state fiscal year ending August 31, 2011. The comptroller of public accounts shall transfer that amount from the Department of Information Resources telecommunications revolving account to the undedicated portion of the general revenue fund.

SECTION 2. REDUCTIONS FROM LEGISLATIVE AGENCIES. The lieutenant governor and the speaker of the house of representatives jointly shall identify the various Article X agencies and entities from which amounts are to be transferred and shall determine the amount reduced and transferred from each agency or entity for purposes of Section 1(a)(159) of this Act.

SECTION 3. GENERAL LAND OFFICE: CERTAIN REDUCTIONS. The appropriations to the General Land Office for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), from general revenue dedicated account number 27, Coastal Protection Account, are reduced by $204,220.

SECTION 4. PARKS AND WILDLIFE DEPARTMENT: CERTAIN REDUCTIONS. The unencumbered appropriations from the sporting good sales tax transfers to the general revenue fund (State Parks Account No. 64), pursuant to Section 11.035, Parks and Wildlife Code, and Section 151.801, Tax Code, for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Parks and Wildlife Department are reduced by $7,407,220 as a result of lapses for coastal erosion projects.

SECTION 5. TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE GOVERNOR: CERTAIN REDUCTIONS. The unencumbered appropriations for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Trusteed Programs within the Office of the Governor from General Revenue Fund 0001 under Strategy A.1.2., Disaster Funds, are reduced by $20,000,000.

SECTION 6. COMMISSION ON ENVIRONMENTAL QUALITY: EMISSIONS REDUCTION PLAN. The unencumbered appropriations for the state fiscal year ending August 31, 2011, made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Commission on Environmental Quality from general revenue dedicated account number 5071, Emissions Reduction Plan Account, are reduced by $35,000,000.

SECTION 7. OFFICE OF THE ATTORNEY GENERAL: CONTINGENCY FEE PAYMENT. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2011, the amount of $17,311,326 is appropriated out of the suspense account established by the comptroller of public accounts and the attorney general in General Revenue Fund 0001 for the payment of itemized claims and judgements, plus interest, if any, against the state of Texas, to the Office of the Attorney General, for the fiscal year ending August 31, 2011, for a contingency fee payment payable under the outside counsel contract OCC No. 2007-302-0012 to Wright and Greenhill, P.C., for work performed in reaching the final judgment in State of Texas ex rel. Ven-a-Care of Florida v. Mylan Pharmaceuticals USA et al., Cause No. D-1-GV-07-001259, District Court of Travis County, 201st Judicial District.

SECTION 8. TEXAS EDUCATION AGENCY: FOUNDATION SCHOOL PROGRAM. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2011, the amount of $600,000,000 is appropriated out of Foundation School Fund 193 to the Texas Education Agency for the two-year period beginning on the effective date of this Act for the Foundation School Program.

SECTION 9. REAL ESTATE COMMISSION: CAPITAL BUDGET AUTHORITY FOR IMAGING COSTS. In addition to the capital budget authority previously granted for the state fiscal biennium ending August 31, 2011, the Real Estate Commission may use $196,000 in capital budget authority for the capital budget item for image system implementation.

SECTION 10. DEPARTMENT OF TRANSPORTATION: CERTAIN RIDERS. Rider 63 on page VII-37 following the appropriations to the Department of Transportation made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), is repealed, and the department is not required to comply with that rider on and after the effective date of this Act.

SECTION 11. TEXAS EDUCATION AGENCY: INSTRUCTIONAL MATERIALS APPROPRIATIONS. $184,000,000 of the appropriations made by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), to the Texas Education Agency from State Textbook Fund 0003 for the fiscal year ending August 31, 2011, is allocated as follows:

(1) an estimated $85,000,000 is allocated to fund continuing contracts costs for materials scheduled to enter classrooms for the 2011-2012 school year;

(2) an estimated $60,000,000 is allocated for the purchase of supplemental science instructional materials requested by the State Board of Education in May 2010; and

(3) an estimated $39,000,000 is allocated for the purchase of prekindergarten systems as requested by the State Board of Education under Proclamation 2011.

SECTION 12. CONTINGENT UNEXPENDED BALANCE AUTHORITY. Contingent on the 82nd Legislature, Regular Session, 2011, not acting to reduce by $10,000,000 or more the appropriations to the comptroller of public accounts for the state fiscal biennium ending August 31, 2011, made by Rider 17.58, page IX-81, Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), for deposit into Major Events Trust Fund 0869, the unobligated and unexpended balance of Major Events Trust Fund 0869, not to exceed $10,000,000, is hereby transferred to General Revenue Fund 0001, notwithstanding the provisions of Section 5A, Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes).

SECTION 13. TEXAS STATE TECHNICAL COLLEGE - WACO: CONNALLY TECHNOLOGY CENTER. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2011, the amount of $2,000,000 is appropriated out of General Revenue Fund 0001 to the Texas State Technical College - Waco for the two-year period beginning on the effective date of this Act for the purpose of making repairs to the Connally Technology Center. The legislature finds there is a demonstrated need for undertaking the repair of this building.

SECTION 14. DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL MANAGED HEALTH CARE. The amount of $57,000,000 is appropriated out of General Revenue Fund 0001 to the Department of Criminal Justice for the two-year period beginning on the effective date of this Act for the purpose of providing for correctional managed health care.

SECTION 15. TEXAS FOREST SERVICE: WILDFIRES. The amount of $39,800,000 is appropriated out of General Revenue Fund 0001 to the Texas Forest Service for the two-year period beginning on the effective date of this Act to pay for costs incurred associated with fighting wildfires.

SECTION 16. APPROPRIATION FROM ECONOMIC STABILIZATION FUND. The amount of $3,248,247,540 is appropriated from Economic Stabilization Fund 0599 to the comptroller of public accounts for the purpose of depositing that amount to the credit of General Revenue Fund 0001 as money available for use during the state fiscal year ending August 31, 2011, to make expenditures previously authorized by appropriations from that fund for the state fiscal biennium ending August 31, 2011.

SECTION 17. TEXAS MILITARY VALUE REVOLVING LOAN ACCOUNT. (a) The Texas Military Preparedness Commission is appropriated $29,000,000 in General Obligation Bond Proceeds pursuant to Section 49-n, Article III, Texas Constitution, as added by S.J.R. No. 55, Acts of the 78th Legislature, Regular Session, 2003. The proceeds from the sale of the bonds shall be deposited in general revenue dedicated account number 5114, Texas Military Value Revolving Loan Account, to provide for economic development projects that benefit defense-related communities as provided by Subchapter D, Chapter 436, Government Code, without further appropriation.

(b) The Texas Public Finance Authority is appropriated an amount, estimated to be $0, for the fiscal year ending August 31, 2011, out of general revenue dedicated account number 5114, Texas Military Value Revolving Loan Account, to pay the related debt service.

SECTION 18. DEPARTMENT OF ASSISTIVE AND REHABILITATIVE SERVICES: UNEXPENDED BALANCE AUTHORITY. The unexpended and unencumbered balance of the amounts appropriated by Chapter 1409 (H.B. 4586), Acts of the 81st Legislature, Regular Session, 2009, are appropriated to the Department of Assistive and Rehabilitative Services for the same purposes for a period beginning on the effective date of this Act and ending on August 31, 2011.

SECTION 19. TEXAS EDUCATION AGENCY: FUNDING FOR SCHOOL DISTRICTS SUBJECT TO PURCHASE OF ATTENDANCE CREDITS BASED ON ACTUAL REVENUE PER STUDENT. In addition to amounts previously appropriated for the state fiscal biennium ending August 31, 2011, the amount of $3,630,776 is appropriated out of General Revenue Fund 0001 to the Texas Education Agency, Strategy A.1.1., FSP - Equalized Operations, for the two-year period beginning on the effective date of this Act, for use by the commissioner of education to allow school districts that adopted a maintenance and operations tax rate for the 2009 tax year of less than $0.30 to determine the cost of attendance credits necessary to achieve the equalized wealth level under Chapter 41, Education Code, for the 2009-2010 school year based on Section 41.093(a)(1), Education Code, instead of Section 41.093(a)(2), Education Code.

SECTION 20. HEALTH AND HUMAN SERVICES COMMISSION: UNEXPENDED BALANCE AUTHORITY FOR HUMAN RESOURCES UPGRADE. From the appropriations made to the Health and Human Services Commission from General Revenue Fund 0001 for the state fiscal year ending August 31, 2011, by Chapter 1424 (S.B. 1), Acts of the 81st Legislature, Regular Session, 2009 (the General Appropriations Act), in Strategy A.2.1., Consolidated System Support (page II-76), and Strategy B.1.4., Children & Medically Needy (page II-76), for the HHS HR/Payroll system upgrade, the unobligated and unexpended balance (estimated to be $6,700,000) is appropriated to the Health and Human Services Commission for the two-year period beginning on the effective date of this Act for the HHS HR/Payroll system upgrade.

SECTION 21. (a) Subject to Subsection (b) of this section, this Act takes effect immediately.

(b) Section 16 of this Act takes effect only if this Act is approved by a vote of three-fifths of the members present in each house of the legislature, as provided by Section 49-g(k), Article III, Texas Constitution. The appropriations under Section 16 of this Act are subject to certification by the comptroller of public accounts as provided by Section 49-g(k), Article III, Texas Constitution.

* * * * *