By: Nelson, et al. S.B. No. 8
 
  (Bonnen)
 
  Substitute the following for S.B. No. 8:  No.
 
 
 
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.  FISCAL PROGRAMS-COMPTROLLER OF PUBLIC ACCOUNTS:
  BROADBAND INFRASTRUCTURE. (a) The amount of $500,475,163 is
  appropriated to Fiscal Programs-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 3.  TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
  GOVERNOR: VICTIMS OF CRIME. (a) The amount of $160,000,000 is
  appropriated to the Trusteed Programs within 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.
         (b)  It is the intent of the legislature that grants made for
  victims of crime during the state fiscal year beginning September
  1, 2021, and the state fiscal year beginning September 1, 2022,
  equal grants made for victims of crime during the state fiscal year
  beginning September 1, 2020.
         SECTION 4.  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 5.  DEPARTMENT OF INFORMATION RESOURCES:
  CYBERSECURITY PROJECTS. (a) 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. Before spending money
  appropriated under this subsection, the department must receive
  approval for the proposed cybersecurity projects from the Joint
  Oversight Committee on Investment in Information Technology
  Improvement and Modernization Projects established under Section
  2054.578, Government Code.
         (b)  The capital budget authority of the Department of
  Information Resources in Chapter 1053 (S.B. 1), Acts of the 87th
  Legislature, Regular Session, 2021 (the General Appropriations
  Act), is increased by $200,000,000 for the appropriation made under
  Subsection (a) of this section.
         SECTION 6.  TEXAS FACILITIES COMMISSION: PERMIAN BASIN
  BEHAVIORAL HEALTH CENTER. (a) The amount of $40,000,000 is
  appropriated to the Texas Facilities 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 constructing a
  100-bed comprehensive behavioral health center to serve the Permian
  Basin region during the two-year period beginning on the effective
  date of this Act.
         (b)  Upon completion of the construction described by
  Subsection (a) of this section, ownership of the building shall
  transfer to the Permian Basin Behavioral Health Center controlled
  by the Ector County Hospital District and the Midland County
  Hospital District.
         (c)  The appropriation under Subsection (a) of this section
  is contingent on the completion of a signed agreement between the
  Texas Facilities Commission and the Ector County Hospital District
  and the Midland County Hospital District guaranteeing the ongoing
  operations of the comprehensive behavioral health center described
  by Subsection (a) of this section by the Permian Basin Behavioral
  Health Center to ensure the continuing benefit to the residents of
  this state.
         SECTION 7.  OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT
  PROGRAM ACCOUNT. The amount of $52,277,114 is appropriated to the
  Office of the Attorney General for deposit into the Sexual Assault
  Program Account No. 5010 and for use by the office as authorized by
  other law during the two-year period beginning on the effective
  date of this Act 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 8.  OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS
  COMPENSATION. The amount of $54,756,000 is appropriated to the
  Office of the Attorney General for deposit into the Compensation to
  Victims of Crime Account No. 469 and for use by the office during
  the two-year period beginning on the effective date of this Act for
  the purpose of compensating crime victims 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 9.  APPROPRIATIONS FOR SHORTFALL IN COURT FEES. (a)
  To address matters related to shortfalls in court fee collections,
  the following amounts are appropriated to the following entities
  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
  indicated purposes for the two-year period beginning on the
  effective date of this Act:
               (1)  Comptroller of Public Accounts, Judiciary
  Section: $14,854,228 for the purpose of addressing the backlog in
  court cases, including to pay for visiting judges and support
  staff;
               (2)  Office of Court Administration, Texas Judicial
  Council:
                     (A)  $10,338,158 for the purpose of addressing the
  backlog in court cases, including information technology support;
  and
                     (B)  for Strategy D.1.1., Texas Indigent Defense
  Commission, as listed in Chapter 1053 (S.B. 1), Acts of the 87th
  Legislature, Regular Session, 2021 (the General Appropriations
  Act):
                           (i)  $63,698,784 for the purpose of
  addressing the backlog in court cases, including to pay for public
  defenders; and
                           (ii)  $13,942,466 for deposit into the Fair
  Defense Account No. 5073 and for use by the office for the purpose
  of addressing the backlog in court cases, as authorized by other
  law;
               (3)  Office of Capital and Forensic Writs: $200,000 for
  the purpose of addressing the backlog in court cases and paying
  costs related to the coronavirus disease pandemic; and
               (4)  Texas Commission on Law Enforcement: $9,400,000
  for deposit into the Texas Commission on Law Enforcement Account
  No. 116 and for use by the commission as authorized by other law.
         (b)  During the two-year period beginning on the effective
  date of this Act, in addition to the number of full-time equivalent
  (FTE) employees other law authorizes the office to employ during
  that period, the Office of Court Administration, Texas Judicial
  Council may employ:
               (1)  out of money appropriated by Subsection (a)(2)(A)
  of this section, eight full-time equivalent (FTE) employees; and
               (2)  out of money appropriated by Subsection
  (a)(2)(B)(i) of this section, two full-time equivalent (FTE)
  employees.
         (c)  During the two-year period beginning on the effective
  date of this Act, in addition to the number of full-time equivalent
  (FTE) employees other law authorizes the office to employ during
  that period, the Office of Capital and Forensic Writs may employ out
  of money appropriated by Subsection (a)(3) of this section one
  full-time equivalent (FTE) employee.
         (d)  The capital budget authority of the Office of Court
  Administration, Texas Judicial Council, in Chapter 1053 (S.B. 1),
  Acts of the 87th Legislature, Regular Session, 2021 (the General
  Appropriations Act), is increased by $1,330,680 for the
  appropriation made under Subsection (a)(2)(A) of this section.
         SECTION 10.  COMMISSION ON STATE EMERGENCY COMMUNICATIONS:
  NEXT GENERATION 9-1-1 SERVICE FUND. (a) The amount of $150,000,000
  is appropriated to the Commission on State Emergency Communications
  for deposit into the Next Generation 9-1-1 Service Fund No. 0195
  and for use by the commission as authorized by other law for the
  deployment and reliable operation of next generation 9-1-1 service,
  including equipment and administration costs, during the two-year
  period beginning on the effective date of this Act 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.
         (b)  In accordance with Section 771.0713(f), Health and
  Safety Code, it is the intent of the legislature that all money
  appropriated under Subsection (a) of this section be distributed
  not later than December 31, 2022, and all money distributed under
  this subsection be spent not later than December 31, 2024, for the
  purpose described by Subsection (a) of this section.
         SECTION 11.  DEPARTMENT OF TRANSPORTATION: PRESIDIO CUSTOMS
  INSPECTION STATION. The amount of $15,000,000 is appropriated to
  the Department of Transportation 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 a
  customs inspection station on the South Orient Rail Line in
  Presidio, Texas, during the two-year period beginning on the
  effective date of this Act.
         SECTION 12.  LEGISLATIVE INTENT REGARDING APPROPRIATIONS.
  (a) It is the intent of the legislature that the appropriations
  made by this Act:
               (1)  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; and
               (2)  be used:
                     (A)  only for purposes authorized by state and
  federal law, including guidance issued by the United States
  Department of the Treasury in 86 Fed. Reg. 26786 (May 17, 2021); and
                     (B)  before all other methods of finance, if more
  than one method of finance is available for the applicable purpose.
         (b)  It is the intent of the legislature that, if the United
  States Department of the Treasury or any other qualified state or
  federal authority determines that a purpose for which money is
  appropriated under this Act is an improper use of that money, the
  appropriated money not be spent and instead be retained in the
  treasury for later legislative appropriation.
         SECTION 13.  APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The
  appropriations made under Sections 3, 4, 5, 6, 7, 8, 9, 10, and 11 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 14.  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 15.  EFFECTIVE DATE.  This Act takes effect
  immediately.