By: Ogden	S.B. No. 2

	A BILL TO BE ENTITLED
	AN ACT
	appropriating money for the support of state government for the
	period beginning September 1, 2011, and ending August 31, 2013; and
	authorizing and prescribing conditions, limitations, rules, and
	procedures for allocating and expending the appropriated funds; and
	declaring an emergency.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The several sums of money herein specified, or so
	much thereby as may be necessary, are appropriated out of any funds
	in the State Treasury not otherwise appropriated, or out of special
	funds as indicated, for the support, maintenance, or improvement of
	the designated agencies.
	SECTION 2.  Contingency for Senate Bill 1:  LECOS Retirement
	Fund.  Contingent on enactment of Senate Bill 1, 82nd Legislature,
	1st Called Session, 2011, or similar legislation relating to state
	contributions to the Law Enforcement and Custodial Officer
	Supplemental Retirement Program, in addition to amounts
	appropriated in House Bill 1, Acts of the 82nd Legislature, Regular
	Session, 2011, in Strategy A.1.2, Law Enforcement and Custodial
	Officer Supplemental Retirement Fund, the Employees Retirement
	System is hereby appropriated the following estimated amounts in
	fiscal year 2013 for a state contribution of 0.5 percent to the Law
	Enforcement and Custodial Officer Supplemental Retirement Program
	in fiscal year 2013:
	General Revenue $6,698,395
	General Revenue-Dedicated 96,261
	Federal Funds 29,330
	Fund 006 696,386
	All Funds $7,520,372
	SECTION 3.  Tobacco User Monthly Premium Fee.  Contingent
	upon enactment of Senate Bill 1, 82nd Legislature, 1st Called
	Session, 2011, or similar legislation relating to the creation of a
	tobacco user monthly premium differential, by the 82nd Legislature,
	2011, the Employees Retirement System shall apply a $30 monthly
	tobacco premium differential to any tobacco user covered under the
	state health plan.  Also contingent upon the enactment of this
	legislation, the Comptroller of Public Accounts shall deposit
	revenue from the premium differential (estimated to be $16,720,343
	in fiscal year 2012 and $25,080,514 in fiscal year 2013) into the
	Employees Life, Accident, Health Insurance and Benefits Trust
	Account.
	SECTION 4.  Contingency for Senate Bill 1:  Debt Service on
	Cancer Prevention and Research Bonds. The appropriations made in
	House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011,
	to the Texas Public Finance Authority for General Obligation Bond
	Debt Service are subject to the following provision.
	Appropriations out of the Permanent Fund for Health & Tobacco
	Education & Enforcement Account No. 5044; Permanent Fund for
	Children & Public Health Account No. 5045; and Permanent Fund for
	EMS & Trauma Care Account No. 5046, are contingent on the enactment
	of Senate Bill 1, 82nd Legislature, 1st Called Session, 2011, or
	similar legislation related to the use of certain Tobacco
	Settlement Funds for debt service on Cancer Prevention and Research
	Institute debt, by the 82nd Legislature, 1st Called Session, 2011.
	The Legislative Budget Board shall adjust the informational listing
	of bond debt service pursuant to this provision.
	SECTION 5.  Appropriations to the Foundation School Program.
	(a)  Texas Education Agency, Article III, House Bill 1, Acts of the
	82nd Legislature, Regular Session, 2011 (the General
	Appropriations Act), is amended by adding the following
	appropriations and riders and, to the extent necessary, by giving
	all riders under the bill pattern of the agency full force and
	effect:
	A.1.1., FSP Equalized Operations 2012 2013
	Available School Fund $1,099,948,815 $1,726,989,252
	Foundation School Fund 13,412,514,119 12,656,939,681
	Property Tax Relief Fund 2,198,994,000 2,338,574,000
	Appropriated Receipts 906,500,000 835,600,000
	Lottery Proceeds 1,002,457,000 1,006,111,000
	Total, A.1.1 $18,620,413,934 $18,564,213,933
	A.1.2, FSP Equalized Facilities
	Foundation School Fund $650,000,000 $716,100,000
	(b)  Foundation School Program Funding.  Out of the funds
	appropriated above in subsection (a) and elsewhere in House Bill 1,
	82nd Legislature, 1st Called Session, 2011, a total of
	$19,287,500,000 in fiscal year 2012 and $19,297,400,000 in fiscal
	year 2013 shall represent the sum-certain appropriation to the
	Foundation School Program.  The total appropriation may not exceed
	the sum-certain amount.  This appropriation includes allocations
	under Chapters 41, 42, and 46 of the Texas Education Code.
	Formula Funding:  The Commissioner shall make allocations to
	local school districts under Chapters 41, 42, and 46 of the Texas
	Education Code based on the March 2011 estimates of average daily
	attendance and local district tax rates as determined by the
	Legislative Budget Board and the final tax year 2010 property
	values.
	For purposes of distributing the Foundation School Program
	basic tier state aid appropriated above and in accordance with
	Section 42.101 of the Texas Education Code, the Basic Allotment is
	projected to be $4,765 in fiscal year 2012 and $4,765 in fiscal year
	2013.
	For purposes of distributing the Foundation School Program
	enrichment tier state aid appropriated above and in accordance with
	Section 41.002(a)(2) and Section 42.302(a-1)(1) of the Texas
	Education Code, the Guaranteed Yield is $59.97 in fiscal year 2012
	and $59.97 in fiscal year 2013.
	Out of amounts appropriated above and allocated by this rider
	to the Foundation School Program, no funds are appropriated for the
	New Instructional Facilities Allotment under Section 42.158 of the
	Texas Education Code.
	Notwithstanding any other provision of this Act, the Texas
	Education Agency may make transfers as appropriate between Strategy
	A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP-Equalized
	Facilities.  The Texas Education Agency shall notify the
	Legislative Budget Board and the Governor of any such transfers at
	least 45 days prior to the transfer.
	The Texas Education Agency shall submit reports on the prior
	month's expenditures on programs described by this rider no later
	than the 20th day of each month to the Legislative Budget Board and
	the Governor's Office in a format determined by the Legislative
	Budget Board in cooperation with the agency.
	(c)  Foundation School Program Adjustments.  Appropriations
	from the Foundation School Fund No. 193 identified in subsection
	(a) above are hereby reduced by $438,900,000 in fiscal year 2012 and
	$361,100,000 in fiscal year 2013.  These adjustments reflect a
	lower estimate of the state cost of the Foundation School Program in
	the 2012-2013 biennium due to updated pupil projections and
	projections of district property values.
	Property values, and the estimates of local tax collections
	on which they are based, shall be decreased by 0.97 percent for tax
	year 2011, then increased by 0.52 percent for tax year 2012.
	The sum-certain appropriation for the Foundation School
	Program as identified in subsection (b) above shall be decreased
	commensurately to reflect these adjustments.
	(d)  Contingency for Senate Bill 1:  Foundation School
	Program Deferral.  Contingent on enactment of Senate Bill 1, 82nd
	Legislature, 1st Called Session, 2011, or similar legislation
	providing the legal basis for deferring the August 2013 Foundation
	School Program payment to school districts, appropriations made in
	subsection (a) above from the Foundation School Fund 193 to the
	Texas Education Agency for the Foundation School Program are hereby
	reduced by $2,300,000,000 in fiscal year 2013.  It is the intent of
	the legislature that this payment be made in September 2013
	pursuant to the provisions of the bill.  The sum-certain
	appropriation for the Foundation School Program as identified in
	subsection (b) above shall be decreased commensurately.
	(e)  Contingency for H.J.R. No. 109.  Appropriations from the
	Foundation School Fund (Fund 193) made in subsection (a) above,
	Texas Education Agency Strategy A.1.1, FSP - Operations, for the
	Foundation School Program, are hereby reduced by $150,000,000 in
	each fiscal year of the 2012-2013 biennium.  The Texas Education
	Agency is hereby appropriated from the Available School Fund
	(General Revenue) to the Foundation School Program in Strategy
	A.1.1, FSP - Operations an amount estimated to be $150,000,000 in
	each fiscal year of the 2012-2013 biennium, pursuant to all of the
	following:
	a.  passage and enactment of H.J.R. No. 109, S.J.R. No. 5,
	82nd Legislature, Regular Session, 2011, or similar
	legislation relating to proposing a constitutional
	amendment to clarify references to the Permanent School
	Fund and to allow the General Land Office or other entity
	to distribute revenue derived from Permanent School Fund
	land or other properties to the Available School Fund;
	b.  voter approval of the associated constitutional
	amendment; and
	c.  the distribution of funds from the General Land Office to
	the Available School Fund pursuant to the provisions of
	the legislation.
	(f)  Contingency for Senate Bill 1:  Foundation School
	Program Funding Contingency.  The All Funds appropriations made for
	the Foundation School Program (FSP), Texas Education Agency
	Strategies A.1.1 and A.1.2, in subsection (a) above, and as
	adjusted by other subsections in this section, are contingent on
	enactment of Senate Bill 1, 82nd Legislature, 1st Called Session,
	2011, or similar legislation by the 82nd Legislature, 2011,
	relating to certain state fiscal matters and that amends Chapter 42
	of the Texas Education Code to adjust state aid payments to the
	level of FSP appropriations made in subsection (a) above as
	adjusted for other subsections in this section. Should this
	legislation fail to pass and be enacted, the All Funds
	appropriations for the FSP made herein are hereby reduced to zero
	for each year of the 2012-2013 biennium, including the sum-certain
	appropriation identified in subsection (b) above.
	(g)  The Legislative Budget Board is directed to make all
	necessary adjustments to the Texas Education Agency's bill pattern
	pursuant to the provisions above, including adjustments to
	strategies, methods of finance, measures and riders contained in
	House Bill 1, 82nd Legislature, Regular Session, 2011.
	SECTION 6.  Contingency for Senate Bill 1: Legislation
	Relating to Certain Office of Court Administration License Fees.
	Contingent upon the enactment of Senate Bill 1, 82nd Legislature,
	1st Called Session, 2011, relating to license fees and the
	allowable use of such fees for process servers, guardians, and
	court reporters by the 82nd Legislature, the Office of Court
	Administration is appropriated $119,603 in fiscal year 2012 and
	$119,714 in fiscal year 2013 to implement the provisions of the
	legislation.  The number of "Full-Time-Equivalent Positions"
	indicated in the agency's bill pattern is increased by 2.0 each
	fiscal year.  Fees, fines, and other miscellaneous revenues as
	authorized by the Process Servers Review Board, the Guardianship
	Certification Board, and the Court Reporters Certification Board
	shall cover, at a minimum, the cost of appropriations made in this
	provision, as well as an amount sufficient to cover "Other Direct
	and Indirect Costs Appropriated Elsewhere in this Act" (estimated
	to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013).
	In the event that actual and/or projected revenues are insufficient
	to offset the costs identified by this provision, the Legislative
	Budget Board may direct that the Comptroller of Public Accounts
	reduce the appropriation authority provided above to be within the
	amount of revenue expected to be available.
	SECTION 7.  Contingency for Senate Bill 1:  Railroad
	Commission. Contingent on enactment of Senate Bill 1, or similar
	legislation relating to the Railroad Commission by the 82nd
	Legislature, 1st Called Session, 2011:
	(a)  Oil and Gas Related Fees.  In addition to amounts
	appropriated in House Bill 1, Acts of the 82nd Legislature, Regular
	Session, 2011, to the Railroad Commission, and contingent on Senate
	Bill 1, 82nd Legislature, 1st Called Session, 2011, or similar
	legislation creating an account to cover costs of the agency's oil-
	and gas-related activities, by the 82nd Legislature,
	appropriations out of the General Revenue Fund are hereby reduced
	by $16,766,209 in fiscal year 2012 and by $16,716,472 in fiscal year
	2013, and, to replace these appropriations, there is hereby
	appropriated $16,766,209 in fiscal year 2012 and $16,716,472 in
	fiscal year 2013 out of the Oil and Gas Regulation and Cleanup
	(OGRC) Fund created by the bill.
	The following amounts of General Revenue funding would be
	replaced with funding out of the OGRC Fund in the following
	strategies:
	2012 2013
	Strategy A.1.1, Energy Resource Development $4,099,221 $4,070,349
	Strategy C.1.1, Oil and Gas Monitoring and Inspections $10,314,041 $10,350,753
	Strategy C.2.1, Oil and Gas Remediation $496,396 $461,550
	Strategy C.2.2, Oil and Gas Well Plugging $935,444 $919,808
	Strategy D.1.2, Public Information and Services $921,107 $914,012
	TOTAL $16,766,209 $16,716,472
	In addition, appropriations out of the Oil Field Cleanup
	Account No. 145 are hereby reduced by $20,581,780 in fiscal year
	2012 and by $20,581,779 in fiscal year 2013, and, to replace these
	appropriations, there is hereby appropriated $20,581,780 in fiscal
	year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund
	created by the bill.  The following amounts out of the General
	Revenue-Dedicated Oil Field Cleanup Account No. 145 would be
	replaced with funding out of the OGRC Fund in the following
	strategies:
	2012 2013
	Strategy A.1.1, Energy Resource Development $1,114,744 $1,114,744
	Strategy C.1.1, Oil and Gas Monitoring and Inspections $851,800 $851,800
	Strategy C.2.1, Oil and Gas Remediation $3,786,565 $3,786,565
	Strategy C.2.2, Oil and Gas Well Plugging $14,690,620 $14,690,620
	Strategy D.1.2, Public Information and Services $138,051 $138,050
	TOTAL $20,581,780 $20,581,779
	(b)  Expansion of Pipeline Safety Fee Use to Include Gas
	Utility Regulation.  Contingent upon enactment of Senate Bill 1,
	82nd Legislature, 1st Called Session, 2011, or similar legislation
	allowing for the use of pipeline safety fees for gas utility
	regulatory functions, by the 82nd Legislature, the Railroad
	Commission is hereby appropriated in each fiscal year of the
	2012-2013 biennium an amount not to exceed $233,000 in Strategy
	A.2.1, Gas Utility Compliance.  This appropriation is contingent
	upon the Railroad Commission increasing Pipeline Safety Fees and
	shall be limited to revenues deposited to the credit of Revenue
	Object Code 3553 in excess of the Comptroller's Biennial Revenue
	Estimate for 2012-2013.
	The Railroad Commission, upon completion of necessary
	actions to assess or increase the Pipeline Safety Fee, shall
	furnish copies of the minutes and other information supporting the
	estimated revenues to be generated for the 2012-2013 biennium under
	the revised fee structure to the Comptroller of Public Accounts.  If
	the Comptroller finds the information sufficient to support the
	projection of increased revenues in excess of those estimated in
	the Biennial Revenue Estimate for 2012-2013, a finding of fact to
	that effect shall be issued and the contingent appropriation shall
	be made available for the intended purpose.
	SECTION 8.  Contingency for Senate Bill 1: Voter
	Registration. Contingent on enactment of Senate Bill 1, 82nd
	Legislature, 1st Called Session, 2011, or similar legislation
	relating to transferring voter registration payments from the
	Fiscal Programs - Comptroller of Public Accounts to the Secretary
	of State, amounts appropriated elsewhere in House Bill 1, 82nd
	Legislature, Regular Session, 2011, to the Fiscal Programs
	Comptroller of Public Accounts in Strategy A.1.1, Voter
	Registration, shall be transferred to the Secretary of State.
	SECTION 9.  Contingency for Senate Bill 1:  Back to Work and
	Homeless Housing. Contingent on enactment of Senate Bill 1, 82nd
	Legislature, 1st Called Session, 2011, or similar legislation by
	the 82nd Legislature, relating to the transfer of General
	Revenue-Dedicated Texas Enterprise Fund Account No. 5107
	appropriations to other state agencies, the Trusteed Programs
	within the Office of the Governor may transfer $20,000,000 from the
	General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to
	the Texas Workforce Commission for the Texas Back to Work Program,
	and to the Texas Department of Housing and Community Affairs for the
	Homeless Housing Program.
	If Senate Bill 1, or similar legislation by the 82nd
	Legislature, 1st Called Session, 2011, relating to the transfer of
	General Revenue-Dedicated Texas Enterprise Fund Account No. 5107
	appropriations to other state agencies is not enacted, it is the
	intent of the Legislature that the Trusteed Programs within the
	Office of the Governor award a grant in the amount of $20,000,000 in
	the 2012-2013 biennium out of the General Revenue-Dedicated Texas
	Enterprise Fund Account No. 5107 to the Texas Workforce Commission
	for the Texas Back to Work Program, and to the Texas Department of
	Housing and Community Affairs for the Homeless Housing Program.
	SECTION 10.  Contingency for Senate Bill 7: Managed Care
	Expansion.  Contingent on the enactment of Senate Bill 7 or similar
	legislation by the 82nd Legislature, 1st Called Session, 2011,
	authorizing the use of managed care in the South Texas counties of
	Cameron, Hidalgo, and Maverick, the following actions shall take
	place:
	a.  The Health and Human Services Commission (HHSC) is
	appropriated $57,370,186 in General Revenue Funds and
	$87,670,192 in Federal Funds in fiscal year 2012 and
	$121,680,697 in General Revenue and $185,809,691 in
	Federal Funds in fiscal year 2013 for Goal B, Medicaid (a
	biennial total of $179,050,883 in General Revenue Funds
	and $273,479,883 in Federal Funds); and
	b.  General Revenue appropriations to HHSC are increased by
	$143,139,236 in fiscal year 2012 and $297,625,734 in
	fiscal year 2013 and General Revenue appropriations to
	the Department of Aging and Disability Services (DADS)
	are reduced by $143,139,236 in fiscal year 2012 and
	$297,625,734 in fiscal year 2013; therefore,
	appropriations at HHSC and DADS for the expansion of the
	managed care model for the provision of services is
	assumed to be identical to the strategy funding levels of
	both agencies in House Bill 1, 82nd Legislature, Regular
	Session, 2011.
	The Commission shall provide a report detailing the cost
	savings in General Revenue Funds and All Funds realized by the
	expansion of managed care in the biennium.  The report shall be
	submitted to the Legislative Budget Board and the Governor by
	December 1, 2012.
	SECTION 11.  Contingency for Senate Bill 7:  Institute of
	Health Care Quality and Efficiency.  Contingent on the enactment of
	Senate Bill 7, 82nd Legislature, 1st Called Session, 2011, or
	similar legislation relating to creation of an Institute of Health
	Care Quality and Efficiency and repeal of the Texas Health Care
	Policy Council, the Health and Human Services Commission is
	appropriated $228,800 in fiscal year 2012 and $228,800 in fiscal
	year 2013 in interagency contracts.  The number of "Full-Time
	Equivalents (FTE)" is increased by 2.0 FTEs in fiscal year 2012 and
	2.0 FTEs in fiscal year 2013.
	SECTION 12.  Contingency for Senate Bill 7; Health Care
	Collaborative.  Contingent on enactment of Senate Bill 7, 82nd
	Legislature, 1st Called Session, 2011, or similar legislation
	relating to creation of health care collaboratives, out of the fees
	and assessments collected by the Department of Insurance, the
	Department is appropriated:
	a.  $169,408 for fiscal year 2012 and $461,901 for fiscal
	year 2013 from General Revenue Insurance Companies
	Maintenance Tax and Insurance Department Fees, and
	b.  $254,112 for fiscal year 2012 and $692,851 for fiscal
	year 2013 from General Revenue Dedicated Fund 36, the
	Texas Department of Insurance operating account, to
	implement the provisions of the legislation.
	The number of "Full-Time Equivalents (FTE)" is increased by
	8.0 FTEs in fiscal year 2012 and 16.0 FTEs in fiscal year 2013.
	SECTION 13.  Basic Civil Legal Services and Indigent
	Defense.  In addition to amounts appropriated in House Bill 1, 82nd
	Legislature, Regular Session, 2011:
	(a)  The Supreme Court of Texas in Strategy B.1.1, Basic
	Civil Legal Services, is hereby appropriated $8,783,784 in fiscal
	year 2012 and $8,783,783 in fiscal year 2013 in General Revenue for
	Basic Civil Legal Services; and
	(b)  The Office of Court Administration in Strategy A.2.1,
	Indigent Defense, is hereby appropriated $2,437,944 in fiscal year
	2012 and $5,175,887 in fiscal year 2013 from the General
	Revenue-Dedicated Fair Defense Account No. 5073 to restore grants
	to counties ($2,350,894 in fiscal year 2012 and $5,088,837 in
	fiscal year 2013) and grant administration ($87,050 each fiscal
	year).  The agency's FTE cap shall be increased by 1.0 FTE for grant
	administration in each year of the biennium.
	SECTION 14.  Trusteed Programs within the Office of the
	Governor:  Disaster Funding.  (a)  In addition to amounts
	appropriated in House Bill 1, 82nd Legislature, Regular Session,
	2011, the Trusteed Programs within the Office of the Governor is
	hereby appropriated $39,000,000 in General Revenue in fiscal year
	2012 in lapsed appropriations made in House Bill 4586, 81st
	Legislature, Regular Session, 2009, for the purpose of providing
	disaster relief.
	(b)  If any state agency or institution of higher education
	receives reimbursement from the federal government, an insurer, or
	another source for an expenditure paid for or reimbursed under
	subsection (a) above, the agency or institution shall reimburse the
	state by depositing the amount of the reimbursement to the credit of
	the Trusteed Programs within the Office of the Governor.  Amounts
	deposited under this subsection are reappropriated to the Trusteed
	Programs within the Office of the Governor for disaster
	preparedness and recovery costs for the two-year period beginning
	on the effective date of this Act.
	(c)  Any unexpended balance as of August 31, 2012, may be
	carried forward to the fiscal year starting September 1, 2012, for
	the same purpose.
	SECTION 15.  Commission on State Emergency Communications.
	(a)  Rider 10 on page I-31 of House Bill 1, 82nd Legislature,
	Regular Session, 2011, in the bill pattern of the Commission on
	State Emergency Communications has no effect.
	(b)  Contingent on the collection of fees in the General
	Revenue-Dedicated 9-1-1 Services Fees Account No. 5050 in excess of
	$112,968,000 contained in the Comptroller of Public Accounts'
	Biennial Revenue Estimate for the 2012-2013 biennium, the
	Commission on State Emergency Communications is hereby
	appropriated the excess revenue, not to exceed $11,722,424 for the
	2012-2013 biennium, in Strategy A.1.1, 9-1-1 Network Operations and
	Equipment Replacement for 9-1-1 Network Operations and for 9-1-1
	equipment replacement per the established 10-year equipment
	replacement schedule.  If the Comptroller finds the information
	sufficient to support the projection of increased revenues, a
	finding of fact to that effect shall be issued and the contingent
	appropriation shall be made available for the intended purposes.
	SECTION 16.  Texas State Technical College - Waco:  Connally
	Technology Center.  Contingent on Section 13 of House Bill 4, 82nd
	Legislature, Regular Session, 2011, not taking effect, in addition
	to amounts appropriated to the Texas State Technical College - Waco
	in House Bill 1, 82nd Legislature, Regular Session, 2011,
	$2,000,000 is hereby appropriated out of General Revenue Fund 0001
	to the Texas State Technical College - Waco for institutional
	operations.
	SECTION 17.  Lamar Institute of Technology:  Technical Arts
	Building.  Contingent on Section 34 of House Bill 4, 82nd
	Legislature, Regular Session, 2011, not taking effect, in addition
	to amounts appropriated to the Lamar Institute of Technology in
	House Bill 1, 82nd Legislature, Regular Session, 2011, $5,000,000
	is hereby appropriated from General Revenue Fund 0001 to the Lamar
	Institute of Technology for institutional operations.
	SECTION 18.  SAVING CLAUSE. If any section, sentence,
	clause or part of this Act shall for any reason be held to be
	invalid, such decision shall not affect the remaining portions of
	this Act; and it is hereby declared to be the intention of the
	Legislature to have passed each sentence, section, clause, or part
	thereof irrespective of the fact that any other sentence, section,
	clause, or part thereof may be declared invalid.
	SECTION 19.  This Act takes effect immediately.