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A BILL TO BE ENTITLED
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AN ACT
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relating to making appropriations of certain federal coronavirus |
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relief money. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT |
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COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to |
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the comptroller of public accounts from money received by this |
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state from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. |
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Section 802) established under the American Rescue Plan Act of 2021 |
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(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus |
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Relief Fund No. 325 for use during the state fiscal year beginning |
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September 1, 2021, for the purpose of immediately depositing that |
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amount to the credit of the unemployment compensation fund under |
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Section 203.021, Labor Code, to pay back outstanding advances |
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received by this state under Section 1201, Social Security Act (42 |
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U.S.C. Section 1321), and to return the unemployment compensation |
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fund to the statutory floor computed under Section 204.061, Labor |
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Code, on October 1, 2021, as reimbursement for payments made as a |
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result of the coronavirus disease pandemic. |
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SECTION 2. DEPARTMENT OF STATE HEALTH SERVICES: COVID-19 |
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SERVICES. (a) The amount of $3,000,000,000 is appropriated to the |
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Department of State Health Services from money received by this |
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state from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. |
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Section 802) established under the American Rescue Plan Act of 2021 |
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(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus |
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Relief Fund No. 325 for the following purposes related to the |
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coronavirus disease pandemic during the period beginning on the |
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effective date of this Act and ending December 31, 2021: |
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(1) providing funding for state and local hospital |
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surge staffing; |
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(2) purchasing therapeutic drugs; and |
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(3) providing funding for the operation of regional |
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infusion centers. |
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(b) It is the intent of the legislature that any |
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reimbursement received by the Department of State Health Services |
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from the Federal Emergency Management Agency related to |
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expenditures paid from money appropriated under Subsection (a) of |
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this section be deposited to the general revenue fund and not |
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expended until appropriated by the 88th Legislature. |
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Appropriations made under Subsection (a) of this section that |
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remain unobligated on January 1, 2022, lapse to the general revenue |
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fund. |
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SECTION 3. COMPTROLLER OF PUBLIC ACCOUNTS: BROADBAND |
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INFRASTRUCTURE. (a) The amount of $500,475,163 is appropriated to |
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the comptroller of public accounts from money received by this |
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state from the Coronavirus Capital Projects Fund (42 U.S.C. Section |
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804) established under the American Rescue Plan Act of 2021 (Pub. L. |
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No. 117-2) and deposited to the credit of the Coronavirus Relief |
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Fund No. 325 for the purpose of providing funding for broadband |
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infrastructure in accordance with Section 490I.0108, Government |
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Code, and other applicable state or federal law during the two-year |
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period beginning on the effective date of this Act. |
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(b) Out of money appropriated by Subsection (a) of this |
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section, $75,000,000 may be used only for the Texas broadband pole |
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replacement program. |
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SECTION 4. OFFICE OF THE GOVERNOR: VICTIMS OF CRIME. The |
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amount of $160,000,000 is appropriated to the Office of the |
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Governor from money received by this state from the Coronavirus |
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State Fiscal Recovery Fund (42 U.S.C. Section 802) established |
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under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and |
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deposited to the credit of the Coronavirus Relief Fund No. 325 for |
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the purpose of providing funding for grants for victims of crime |
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during the two-year period beginning on the effective date of this |
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Act. |
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SECTION 5. PUBLIC SAFETY AGENCY SALARY COMPENSATION. (a) |
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From money received by this state from the Coronavirus State Fiscal |
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Recovery Fund (42 U.S.C. Section 802) established under the |
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American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited |
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to the credit of the Coronavirus Relief Fund No. 325, the following |
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agencies are appropriated the following amounts for the purpose of |
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providing compensation for agency employees for the state fiscal |
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biennium beginning September 1, 2021: |
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(1) Department of Criminal Justice: $2,729,912,000; |
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and |
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(2) Department of Public Safety: $941,836,021. |
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(b) The agencies listed in Subsection (a) of this section |
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shall: |
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(1) in consultation with the comptroller of public |
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accounts and the Legislative Budget Board, determine the proper |
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allocation of benefits included in the appropriations made under |
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Subsection (a) of this section; and |
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(2) identify the strategies and objectives for which |
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the appropriations made under Subsection (a) of this section are |
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directed. |
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(c) It is the intent of the legislature that the agencies |
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receiving appropriations under Subsection (a) of this section |
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consider the appropriations as a change in the method of finance of |
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the compensation to be paid to agency employees and not as an |
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increase in total appropriations to the agencies. |
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SECTION 6. TEACHER RETIREMENT SYSTEM: TRS-CARE AND |
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TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to |
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the Teacher Retirement System from money received by this state |
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from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section |
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802) established under the American Rescue Plan Act of 2021 (Pub. L. |
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No. 117-2) and deposited to the credit of the Coronavirus Relief |
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Fund No. 325 for the purpose of providing funding for |
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coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred |
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before September 1, 2021, during the two-year period beginning on |
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the effective date of this Act. |
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(b) It is the intent of the legislature that premiums for |
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TRS-Care and TRS-ActiveCare insurance policies not increase as a |
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result of coronavirus-related claims incurred before September 1, |
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2021. |
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SECTION 7. DEPARTMENT OF AGRICULTURE: FOOD BANKS. The |
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amount of $100,000,000 is appropriated to the Department of |
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Agriculture from money received by this state from the Coronavirus |
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State Fiscal Recovery Fund (42 U.S.C. Section 802) established |
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under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and |
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deposited to the credit of the Coronavirus Relief Fund No. 325 for |
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the purpose of providing supplemental funding to food banks in |
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response to the coronavirus pandemic during the two-year period |
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beginning on the effective date of this Act. |
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SECTION 8. HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD |
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MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is |
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appropriated to the Higher Education Coordinating Board from money |
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received by this state from the Coronavirus State Fiscal Recovery |
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Fund (42 U.S.C. Section 802) established under the American Rescue |
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Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of |
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the Coronavirus Relief Fund No. 325 for the purpose of supporting |
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the operations and expansion of the Texas Child Mental Health Care |
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Consortium to expand mental health initiatives for children during |
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the two-year period beginning on the effective date of this Act. At |
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the direction of the Texas Child Mental Health Care Consortium, the |
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Higher Education Coordinating Board shall transfer appropriations |
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through interagency contracts with health-related institutions of |
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higher education for the following purposes: |
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(1) $20,578,442 for enhancements and expansion of the |
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Child Psychiatry Access Network; |
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(2) $56,218,976 for enhancements and expansion of the |
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Texas Child Access Through Telemedicine program; |
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(3) $32,991,791 for expansion of the child and |
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adolescent mental health workforce; and |
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(4) $3,293,676 for administrative expenses. |
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(b) Not later than December 1, 2021, out of money |
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appropriated by Subsection (a) of this section, the Higher |
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Education Coordinating Board shall transfer $3,293,676 to an |
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institution of higher education designated by the Texas Child |
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Mental Health Care Consortium for oversight and evaluation of the |
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outlined initiatives by means of interagency agreements or any |
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other necessary contracts. |
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(c) The Texas Child Mental Health Care Consortium may |
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transfer up to 10 percent of money appropriated for the purposes |
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described by Subsection (a)(1), (2), or (3) of this section to any |
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of the other purposes described by those provisions. The Texas |
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Child Mental Health Care Consortium may transfer more than 10 |
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percent of funds for those purposes only with the prior approval for |
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the transfer and expenditure from the Legislative Budget Board. A |
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request for approval of the transfer and expenditure by the |
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consortium is considered approved unless the Legislative Budget |
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Board issues a written disapproval within 10 business days of the |
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receipt and review of the request by the Legislative Budget Board. |
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SECTION 9. TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE |
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OPERATIONS CENTER. The amount of $300,000,000 is appropriated to |
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the Texas Division of Emergency Management from money received by |
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this state from the Coronavirus State Fiscal Recovery Fund (42 |
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U.S.C. Section 802) established under the American Rescue Plan Act |
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of 2021 (Pub. L. No. 117-2) and deposited to the credit of the |
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Coronavirus Relief Fund No. 325 for the purpose of the acquisition |
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of land for, and construction of, a state operations center during |
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the two-year period beginning on the effective date of this Act. |
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SECTION 10. DEPARTMENT OF INFORMATION RESOURCES: |
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CYBERSECURITY PROJECTS. The amount of $200,000,000 is appropriated |
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to the Department of Information Resources for deposit into the |
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Technology Improvement and Modernization Fund No. 187 and for use |
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during the two-year period beginning on the effective date of this |
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Act for the purpose of cybersecurity projects from money received |
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by this state from the Coronavirus State Fiscal Recovery Fund (42 |
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U.S.C. Section 802) established under the American Rescue Plan Act |
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of 2021 (Pub. L. No. 117-2) and deposited to the credit of the |
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Coronavirus Relief Fund No. 325. |
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SECTION 11. HIGHER EDUCATION COORDINATING BOARD: |
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UNIVERSITY CONSTRUCTION. Contingent on S.B. ___ or similar |
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legislation by the 87th Legislature, 3rd Called Session, 2021, |
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relating to the issuance of tuition revenue bonds, becoming law, |
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the amount of $500,000,000 is appropriated to the Higher Education |
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Coordinating Board from money received by this state from the |
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Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802) |
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established under the American Rescue Plan Act of 2021 (Pub. L. |
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No. 117-2) and deposited to the credit of the Coronavirus Relief |
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Fund No. 325 for the purpose of university construction during the |
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two-year period beginning on the effective date of this Act. |
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SECTION 12. HEALTH AND HUMAN SERVICES COMMISSION: DALLAS |
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STATE HOSPITAL. The amount of $237,800,000 is appropriated to the |
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Health and Human Services Commission from money received by this |
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state from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. |
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Section 802) established under the American Rescue Plan Act of 2021 |
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(Pub. L. No. 117-2) and deposited to the credit of the Coronavirus |
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Relief Fund No. 325 for the purpose of completing construction of a |
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state hospital in Dallas during the two-year period beginning on |
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the effective date of this Act. |
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SECTION 13. LEGISLATIVE INTENT REGARDING APPROPRIATIONS. |
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It is the intent of the legislature that the appropriations made by |
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this Act are one-time appropriations made for the purpose of |
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addressing the needs of this state for the two-year period |
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beginning on the effective date of this Act. |
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SECTION 14. APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The |
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appropriations made under Sections 4, 7, 8, 9, 10, 11, and 12 of |
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this Act using money received by this state from the Coronavirus |
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State Fiscal Recovery Fund (42 U.S.C. Section 802) established |
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under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) are |
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made in accordance with 42 U.S.C. Section 802(c)(1)(C), which |
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allows money from the Coronavirus State Fiscal Recovery Fund to be |
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used to provide government services to the extent of a reduction in |
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the revenue of a state government caused by the COVID-19 public |
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health emergency relative to revenues collected in the most recent |
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full fiscal year of the state government that ended before that |
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emergency. |
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SECTION 15. APPLICABILITY OF TRANSFER PROVISIONS OF OTHER |
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LAW. The transfer provisions of Part 14, Article IX, Chapter 1053 |
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(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the |
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General Appropriations Act), and the transfer provisions of Section |
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65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular |
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Session, 2021 (the Supplemental Appropriations Act), apply to the |
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appropriations made by this Act to allow appropriate transfer of |
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appropriations made by this Act as if the appropriations made by the |
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General Appropriations Act, the Supplemental Appropriations Act, |
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and this Act were all a part of the same Act, to the extent permitted |
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by federal law. |
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SECTION 16. EFFECTIVE DATE. This Act takes effect |
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immediately. |