By: Bonnen H.B. No. 145
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to making supplemental appropriations and giving
  direction regarding appropriations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT
  COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to
  the comptroller of public accounts from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for use during the state fiscal
  year beginning September 1, 2021, for the purpose of immediately
  depositing that amount to the credit of the unemployment
  compensation fund under Section 203.021, Labor Code, to pay back
  outstanding advances received by this state under Section 1201,
  Social Security Act (42 U.S.C. Section 1321), and to return the
  unemployment compensation fund to the statutory floor computed
  under Section 204.061, Labor Code, on October 1, 2021, as
  reimbursement for payments made as a result of the coronavirus
  disease pandemic.
         SECTION 2.  DEPARTMENT OF STATE HEALTH SERVICES: COVID-19
  SERVICES. (a) The amount of $3,000,000,000 is appropriated to the
  Department of State Health Services from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the following purposes related
  to the coronavirus disease pandemic during the period beginning on
  the effective date of this Act and ending December 31, 2021:
               (1)  providing funding for state and local hospital
  surge staffing;
               (2)  purchasing therapeutic drugs; and
               (3)  providing funding for the operation of regional
  infusion centers.
         (b)  It is the intent of the legislature that any
  reimbursement received by the Department of State Health Services
  from the Federal Emergency Management Agency related to
  expenditures paid from money appropriated under Subsection (a) of
  this section be deposited to the general revenue fund and not
  expended until appropriated by the 88th Legislature.
  Appropriations made under Subsection (a) of this section that
  remain unobligated on January 1, 2022, lapse to the general revenue
  fund.
         SECTION 3.  COMPTROLLER OF PUBLIC ACCOUNTS: BROADBAND
  INFRASTRUCTURE. (a) The amount of $500,475,163 is appropriated to
  the comptroller of public accounts from money received by this
  state from the Coronavirus Capital Projects Fund (42 U.S.C. Section
  804) established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
  Relief Fund No. 325 for the purpose of providing funding for
  broadband infrastructure in accordance with Section 490I.0108,
  Government Code, and other applicable state or federal law during
  the two-year period beginning on the effective date of this Act.
         (b)  Out of money appropriated by Subsection (a) of this
  section, $75,000,000 may be used only for the Texas broadband pole
  replacement program.
         SECTION 4.  OFFICE OF THE GOVERNOR: VICTIMS OF CRIME. The
  amount of $160,000,000 is appropriated to the Office of the
  Governor from money received by this state from the Coronavirus
  State Fiscal Recovery Fund (42 U.S.C. Section 802) established
  under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
  deposited to the credit of the Coronavirus Relief Fund No. 325 for
  the purpose of providing funding for grants for victims of crime
  during the two-year period beginning on the effective date of this
  Act.
         SECTION 5.  PUBLIC SAFETY AGENCY SALARY COMPENSATION. (a)
  From money received by this state from the Coronavirus State Fiscal
  Recovery Fund (42 U.S.C. Section 802) established under the
  American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
  to the credit of the Coronavirus Relief Fund No. 325, the following
  agencies are appropriated the following amounts for the purpose of
  providing compensation for agency employees for the state fiscal
  biennium beginning September 1, 2021:
               (1)  Department of Criminal Justice: $2,729,912,000;
  and
               (2)  Department of Public Safety: $582,369,271.
         (b)  The agencies listed in Subsection (a) of this section
  shall:
               (1)  in consultation with the comptroller of public
  accounts and the Legislative Budget Board, determine the proper
  allocation of benefits included in the appropriations made under
  Subsection (a) of this section; and
               (2)  identify the strategies and objectives for which
  the appropriations made under Subsection (a) of this section are
  directed.
         (c)  It is the intent of the legislature that the agencies
  receiving appropriations under Subsection (a) of this section
  consider the appropriations as a change in the method of finance of
  the compensation to be paid to agency employees and not as an
  increase in total appropriations to the agencies.
         SECTION 6.  TEACHER RETIREMENT SYSTEM: TRS-CARE AND
  TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to
  the Teacher Retirement System from money received by this state
  from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section
  802) established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
  Relief Fund No. 325 for the purpose of providing funding for
  coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred
  before September 1, 2021, during the two-year period beginning on
  the effective date of this Act.
         (b)  It is the intent of the legislature that premiums for
  TRS-Care and TRS-ActiveCare insurance policies not increase as a
  result of coronavirus-related claims incurred before September 1,
  2021.
         SECTION 7.  DEPARTMENT OF AGRICULTURE: FOOD BANKS. The
  amount of $100,000,000 is appropriated to the Department of
  Agriculture from money received by this state from the Coronavirus
  State Fiscal Recovery Fund (42 U.S.C. Section 802) established
  under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and
  deposited to the credit of the Coronavirus Relief Fund No. 325 for
  the purpose of providing supplemental funding to food banks in
  response to the coronavirus pandemic during the two-year period
  beginning on the effective date of this Act.
         SECTION 8.  HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD
  MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is
  appropriated to the Higher Education Coordinating Board from money
  received by this state from the Coronavirus State Fiscal Recovery
  Fund (42 U.S.C. Section 802) established under the American Rescue
  Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
  the Coronavirus Relief Fund No. 325 for the purpose of supporting
  the operations and expansion of the Texas Child Mental Health Care
  Consortium to expand mental health initiatives for children during
  the two-year period beginning on the effective date of this Act. At
  the direction of the Texas Child Mental Health Care Consortium, the
  Higher Education Coordinating Board shall transfer appropriations
  through interagency contracts with health-related institutions of
  higher education for the following purposes:
               (1)  $20,578,442 for enhancements and expansion of the
  Child Psychiatry Access Network;
               (2)  $56,218,976 for enhancements and expansion of the
  Texas Child Access Through Telemedicine program;
               (3)  $32,991,791 for expansion of the child and
  adolescent mental health workforce; and
               (4)  $3,293,676 for administrative expenses.
         (b)  Not later than December 1, 2021, out of money
  appropriated by Subsection (a) of this section, the Higher
  Education Coordinating Board shall transfer $3,293,676 to an
  institution of higher education designated by the Texas Child
  Mental Health Care Consortium for oversight and evaluation of the
  outlined initiatives by means of interagency agreements or any
  other necessary contracts.
         (c)  The Texas Child Mental Health Care Consortium may
  transfer up to 10 percent of money appropriated for the purposes
  described by Subsection (a)(1), (2), or (3) of this section to any
  of the other purposes described by those provisions. The Texas
  Child Mental Health Care Consortium may transfer more than 10
  percent of funds for those purposes only with the prior approval for
  the transfer and expenditure from the Legislative Budget Board. A
  request for approval of the transfer and expenditure by the
  consortium is considered approved unless the Legislative Budget
  Board issues a written disapproval within 10 business days of the
  receipt and review of the request by the Legislative Budget Board.
         SECTION 9.  TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE
  OPERATIONS CENTER. The amount of $300,000,000 is appropriated to
  the Texas Division of Emergency Management from money received by
  this state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of the acquisition
  of land for, and construction of, a state operations center during
  the two-year period beginning on the effective date of this Act.
         SECTION 10.  DEPARTMENT OF INFORMATION RESOURCES:
  CYBERSECURITY PROJECTS. The amount of $200,000,000 is appropriated
  to the Department of Information Resources for deposit into the
  Technology Improvement and Modernization Fund No. 187 and for use
  during the two-year period beginning on the effective date of this
  Act for the purpose of cybersecurity projects from money received
  by this state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325.
         SECTION 11.  HIGHER EDUCATION COORDINATING BOARD:
  UNIVERSITY CONSTRUCTION. Contingent on H.B. __ or similar
  legislation by the 87th Legislature, 3rd Called Session, 2021,
  relating to the issuance of tuition revenue bonds, becoming law,
  the amount of $500,000,000 is appropriated to the Higher Education
  Coordinating Board from money received by this state from the
  Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
  established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
  Relief Fund No. 325 for the purpose of university construction
  during the two-year period beginning on the effective date of this
  Act.
         SECTION 12.  HEALTH AND HUMAN SERVICES COMMISSION: DALLAS
  STATE HOSPITAL. The amount of $237,800,000 is appropriated to the
  Health and Human Services Commission from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of completing
  construction of a state hospital in Dallas during the two-year
  period beginning on the effective date of this Act.
         SECTION 13.  TEXAS HIGHER EDUCATION COORDINATING BOARD:
  TEXAS UNIVERSITY FUND. The amount of $2,000,000,000 is
  appropriated from the money received by this state from the
  Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
  established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus
  Relief Fund No. 325 to the Texas Higher Education Coordinating
  Board to be used to establish the Texas University Fund contingent
  on enactment of House Joint Resolution _____ and House Bill____, or
  other legislation by the Eighty-seventh Legislature, Third Called
  Session, that proposes a constitutional amendment and any necessary
  enabling legislation authorizing the legislature to establish the
  Texas University Fund for the support of general academic
  institutions and health related institutions in the State of Texas,
  and subsequent voter approval of the associated constitutional
  amendment.
         SECTION 14.  OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT
  FUND. The amount of $52,277,114 is appropriated from the money
  received by this state from the Coronavirus State Fiscal Recovery
  Fund (42 U.S.C. Section 802) established under the American Rescue
  Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of
  the Coronavirus Relief Fund No. 325 to the Office of the Attorney
  General for deposit to the General Revenue Dedicated Sexual Assault
  Fund Account No. 5010 for use during the two-year period beginning
  on the effective date of this Act.
         SECTION 15.  OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS
  COMPENSATION. The amount of $54,756,000 is appropriated from the
  money received by this state from the Coronavirus State Fiscal
  Recovery Fund (42 U.S.C. Section 802) established under the
  American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited
  to the credit of the Coronavirus Relief Fund No. 325 to the Office
  of the Attorney General for deposit to General Revenue Dedicated
  Crime Victims Compensation Account No. 469 to be used during the
  two-year period beginning on the effective date of this Act for
  crime victims compensation.
         SECTION 16.  COURT FEE SHORTFALL. From the money received by
  this state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325, the following entities are
  appropriated the following amounts for the indicated purposes to be
  used immediately during the two-year period beginning on the
  effective date of this Act to address matters that have not been
  addressed because of court fee collections shortfalls:
               (1)  Comptroller of Public Accounts - Judiciary
  Section: $14,854,228 for court case backlog including for visiting
  judges and support staff;
               (2)  Office of Court Administration: $10,338,158 for
  court case backlog including authorization of eight additional full
  time equivalent employees (FTEs) and information technology
  support;
               (3)  Office of Court Administration - Texas Indigent
  Defense Commission (TIDC): $63,698,784 for court case backlog for
  public defenders and two additional full time equivalent employees
  (FTEs);
               (4)  Office of Court Administration - Texas Indigent
  Defense Commission (TIDC): $13,942,466 for court case backlog for
  deposit to the General Revenue Dedicated Fair Defense Account
  No. 5073;
               (5)  Office Of Capital And Forensic Writs: $200,000 for
  court case backlog, COVID costs, and one additional full time
  equivalent employee (FTE); and
               (6)  Texas Commission on Law Enforcement: $9,400,000
  for deposit to General Revenue Dedicated Texas Commission on Law
  Enforcement Account No. 116.
         SECTION 17.  DEPARTMENT OF STATE HEALTH SERVICES: MONOCLONAL
  ANTIBODY TREATMENTS. The amount of $140 million is appropriated to
  the Department of State Health Services from money received by this
  state from the Coronavirus State Fiscal Recovery Fund (42
  U.S.C. Section 802) established under the American Rescue Plan Act
  of 2021 (Pub. L. No. 117-2) and deposited to the credit of the
  Coronavirus Relief Fund No. 325 for the purpose of providing
  funding for the purchase of monoclonal antibody treatments for the
  coronavirus disease during the two-year period beginning on the
  effective date of this Act.
         SECTION 18.  LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
  It is the intent of the legislature that the appropriations made by
  this Act are one-time appropriations made for the purpose of
  addressing the needs of this state for the two-year period
  beginning on the effective date of this Act.
         SECTION 19.  APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
  appropriations made under Sections 4, 7, 8, 9, 10, 11, 12, 14, 15,
  and 16 of this Act using money received by this state from the
  Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)
  established under the American Rescue Plan Act of 2021
  (Pub. L. No. 117-2) are made in accordance with 42 U.S.C. Section
  802(c)(1)(C), which allows money from the Coronavirus State Fiscal
  Recovery Fund to be used to provide government services to the
  extent of a reduction in the revenue of a state government caused by
  the COVID-19 public health emergency relative to revenues collected
  in the most recent full fiscal year of the state government that
  ended before that emergency.
         SECTION 20.  APPLICABILITY OF TRANSFER PROVISIONS OF OTHER
  LAW. The transfer provisions of Part 14, Article IX, Chapter 1053
  (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
  General Appropriations Act), and the transfer provisions of Section
  65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular
  Session, 2021 (the Supplemental Appropriations Act), apply to the
  appropriations made by this Act to allow appropriate transfer of
  appropriations made by this Act as if the appropriations made by the
  General Appropriations Act, the Supplemental Appropriations Act,
  and this Act were all a part of the same Act, to the extent permitted
  by federal law.
         SECTION 21.  EFFECTIVE DATE. This Act takes effect
  immediately.