S.B. No. 2
______________________________ Comptroller of Public Accounts
 
 
 
 
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.
         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.  LECOS Retirement Fund. 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.  Contingency:  Expand Physician and Nurse Trauma
  Care Fellowship Slots.  Contingent on the passage by the 82nd
  Legislature, 1st Called Session, 2011, and becoming law of
  legislation to fund the expansion of the number of physician and
  nurse trauma care fellowships by the Department of State Health
  Services or similar legislation, $2,250,000 in fiscal year 2012 and
  $2,250,000 in fiscal year 2013 is appropriated to the department
  for the state fiscal biennium ending August 31, 2013, from General
  Revenue-Dedicated Account No. 5111, Designated Trauma Facility and
  EMS Account, for the purposes of the legislation.  Any unexpended
  balances remaining as of August 31, 2012, are hereby appropriated
  for the same purpose for the fiscal year beginning September 1,
  2012.
         SECTION 4.  Contingency for Senate Bill 1: Debt Service on
  Cancer Prevention and Research Bonds. The appropriations listed in
  Rider 2, Informational Listing of Appropriated Funds and in Bond
  Debt Service Payments of Article I, General Government, 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) above and elsewhere in House
  Bill 1, Acts of the 82nd Legislature, Regular 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 No. 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 No. 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 or 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, Acts of the 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, Acts of
  the 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. (a)  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 $10,000,000 from the
  General Revenue-Dedicated Texas Enterprise Fund Account No. 5107 to
  the Texas Workforce Commission for the Texas Back to Work Program,
  and $10,000,000 from the General Revenue-Dedicated Texas
  Enterprise Fund Account No. 5107 to the Texas Department of Housing
  and Community Affairs for the Homeless Housing Program.
         (b)  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 grants totaling $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 ($10,000,000), and to the Texas
  Department of Housing and Community Affairs for the Homeless
  Housing Program ($10,000,000).
         (c)  It is the intent of the legislature that the Governor
  may transfer appropriations from the Trusteed Programs within the
  Office of the Governor to the Texas Workforce Commission for the
  purposes of back to work programs, and to the Texas Department of
  Housing and Community Affairs for programs for the homeless
  authorized by legislation of the 82nd Legislature, Regular Session,
  2011, or 1st Called Session, 2011.  Further, notwithstanding other
  provisions of this Act, it is expressly provided that the Governor,
  to the extent permitted under federal law and regulations, may use
  any unexpended federal American Recovery and Reinvestment Act,
  State Fiscal Stabilization Fund - Government Services funds
  (Section 14002(b) of the American Recovery and Reinvestment Act of
  2009 (Public Law 111-5)), originally appropriated in Article XII,
  Chapter 1424 (Senate Bill 1), Acts of the 81st Legislature, Regular
  Session, 2009 (the General Appropriations Act) and reappropriated
  in Section 8.02(a), Article IX, House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, for back to work programs or
  the programs for the homeless identified in subsections (a) and (b)
  above.
         (d)  Each state agency that received federal American
  Recovery and Reinvestment Act, State Fiscal Stabilization Fund -
  Government Services funds (Section 14002(b) of the American
  Recovery and Reinvestment Act of 2009 (Public Law 111-5)) as
  identified in subsection (c) above, and has an amount of these
  federal funds unobligated and available for use, may direct the
  Comptroller of Public Accounts to transfer an amount of these
  federal funds to the Governor for the purpose of transferring
  appropriations for back to work programs or programs for the
  homeless.
         (e)  Rider 18, Transfer Prohibition, on page I-55 in the bill
  pattern for the Trusteed Programs within the Office of the
  Governor, House Bill 1, Acts of the 82nd Legislature, Regular
  Session, 2011, is amended as follows:
         18.  Transfer Prohibition. Except as provided by other Acts
  of the 82nd Legislature, 1st Called Session, 2011, and
  notwithstanding [Notwithstanding] other provisions of this Act,
  without the written permission of the Legislative Budget Board, the
  Trusteed Programs within the Office of the Governor may not
  transfer amounts appropriated to the Emerging Technology Fund
  Account No. 5124 or appropriated to the Texas Enterprise Fund
  Account No. 5107.
         (f)  Article IX, Section 18.112 on page IX-96 of House Bill
  1, Acts of the 82nd Legislature, Regular Session, 2011, has no
  effect.
         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, Acts
  of the 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, Acts of the 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, Acts of the 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
  Institutional Operations. Contingent on Section 13 of House Bill
  4, Acts of the 82nd Legislature, Regular Session, 2011, not taking
  effect, in addition to amounts appropriated to the Texas State
  Technical College - Waco in House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, $2,000,000 is hereby
  appropriated for the 2012-2013 biennium out of General Revenue Fund
  0001 to the Texas State Technical College - Waco for institutional
  operations.
         SECTION 17.  Lamar Institute of Technology Institutional
  Operations. Contingent on Section 34 of House Bill 4, Acts of the
  82nd Legislature, Regular Session, 2011, not taking effect, in
  addition to amounts appropriated to the Lamar Institute of
  Technology in House Bill 1, Acts of the 82nd Legislature, Regular
  Session, 2011, $5,000,000 is hereby appropriated for the 2012-2013
  biennium from General Revenue Fund 0001 to the Lamar Institute of
  Technology for institutional operations.
         SECTION 18.  Health and Human Services Commission:  
  Umbilical Cord Blood Bank. If House Bill 4, Acts of the 82nd
  Legislature, Regular Session, 2011, becomes law, Section 32 of that
  Act is amended to read as follows:
         Sec. 32.  The amount of $2,000,000 is appropriated from
  General Revenue Fund 0001 to the Health and Human Services
  Commission for Strategy A.1.1, Enterprise Oversight and Policy, as
  designated by page II-73, House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011 (the General Appropriations
  Act), for the purpose of entering into a contract with a public cord
  blood bank in this state for gathering from live births umbilical
  cord blood and retaining the blood at an unrelated cord blood bank
  for the primary purpose of making umbilical cord blood available
  for transplantation purposes.  The contracting blood bank must be
  accredited by the American Association of Blood Banks and the
  International Organization for Standardization [THE UNIVERSITY OF
  TEXAS HEALTH SCIENCE CENTER AT SAN ANTONIO:   UMBILICAL CORD BLOOD
  BANK.   The amount of $2,000,000 is appropriated from General
  Revenue Fund 0001 to The University of Texas Health Science Center
  at San Antonio for the state fiscal biennium ending August 31, 2013,
  for the umbilical cord blood bank].
         SECTION 19.  Sul Ross State University Institutional
  Operations.  Contingent on Section 33, House Bill 4, Acts of the
  82nd Legislature, Regular Session, 2011, not becoming law, in
  addition to amounts appropriated to Sul Ross State University in
  House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011,
  $7,000,000 is appropriated for the 2012-13 biennium from General
  Revenue Fund 0001 to Sul Ross State University for the purpose of
  institutional operations.
         SECTION 20.  Contingency for House Bill 3. Contingent on
  House Bill 3, Acts of the 82nd Legislature, 1st Called Session,
  2011, or similar legislation relating to the operation of the Texas
  Windstorm Insurance Association and to the resolution of certain
  disputes concerning claims made to that association, becoming law:
               (1)  the Texas Department of Insurance is appropriated
  $131,370 for the state fiscal year beginning September 1, 2011, and
  $121,767 for the state fiscal year beginning September 1, 2012,
  from General Revenue Insurance Companies Maintenance Tax and
  Insurance Department Fees to implement the provisions of that
  legislation;
               (2)  the Number of Full-Time Equivalents (FTE) in the
  Texas Department of Insurance's bill pattern, as provided by page
  VIII-16, House Bill 1, Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), is increased by 2.0
  FTEs for the state fiscal year beginning September 1, 2011, and 2.0
  FTEs for the state fiscal year beginning September 1, 2012;
               (3)  the Texas Public Finance Authority is appropriated
  $750,000 out of appropriated receipts from the Texas Windstorm
  Insurance Association for the state fiscal year beginning September
  1, 2011, to implement the provisions of that legislation; and
               (4)  the unexpended and unobligated balance of the
  amount appropriated under Subdivision (3) of this section remaining
  on August 31, 2012, is appropriated to the Texas Public Finance
  Authority for the same purposes for the state fiscal year beginning
  September 1, 2012.
         SECTION 21.  University of Texas at El Paso. It is the
  intent of the legislature that any decrease in appropriations from
  the Permanent Endowment Fund Account No. 817 to The University of
  Texas at E1 Paso for the state fiscal biennium ending August 31,
  2013, from the preceding state fiscal biennium not be replaced with
  an increase in General Revenue appropriations.
         SECTION 22.  Contingency for House Bill 26:  Inmate Fee for
  Health Care.  Contingent on the enactment of House Bill 26, 82nd
  Legislature, 1st Called Session, 2011, or similar legislation
  relating to the containment of costs incurred in the correctional
  health care system, the Texas Department of Criminal Justice is
  appropriated from the General Revenue Fund an amount not to exceed
  $7,705,800 in the state fiscal year ending August 31, 2012, and
  $5,779,350 in the state fiscal year ending August 31, 2013, out of
  health care services fees deposited to the General Revenue Fund
  from inmate trust funds not to exceed $100 per inmate per year for
  the purpose of providing correctional managed health care to
  inmates.  Unexpended and unobligated balances of the appropriated
  amounts as of August 31, 2012, and August 31, 2013, are transferred
  to the undedicated portion of the General Revenue Fund.
         SECTION 23.  Texas Armed Services Scholarship Program.
  Contingent on legislation of the 82nd Legislature, 1st Called
  Session, 2011, becoming law that is substantively similar to
  provisions of House Bill 2403, Acts of the 82nd Legislature,
  Regular Session, 2011, relating to retailers engaged in business in
  this state for purposes of sales and use taxes, in addition to the
  amounts appropriated by House Bill 1, Acts of the 82nd Legislature,
  Regular Session, 2011 (the General Appropriations Act), there is
  appropriated to the Texas Higher Education Coordinating Board, the
  amount of $2,685,000 in general revenue funds for each year of the
  state fiscal biennium ending August 31, 2013, for the purpose of
  providing additional funding for the biennium in the amount of
  $5,370,000 for Strategy B.1.13, Texas Armed Services Scholarship
  Program, as designated by House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, in the appropriations to the
  coordinating board.
         SECTION 24.  Specialty License Plate Revenue. If Section
  13.07, Article IX, House Bill 1, Acts of the 82nd Legislature,
  Regular Session, 2011, becomes law, Section 13.07(a) of that
  Article is amended to read as follows:
         (a)  Except as provided by Subsection (c) of this Section,
  for the fiscal biennium beginning September 1, 2011, the amounts
  appropriated to an agency under Articles I-VIII of this Act
  include, regardless of whether or not the amounts may be shown under
  or limited by the bill pattern or riders of the agency or the
  special provisions applicable to the Article of this Act under
  which the agency's appropriation might be located, [fifty percent
  of] all revenue collected by an agency on or after September 1,
  2011, that are associated with the sale of a Texas specialty license
  plate, as authorized by Subchapter G, Chapter 504, Transportation
  Code, or other applicable statute, during the 2012-13 biennium,
  including any new license plates that may be authorized or issued
  after September 1, 2011.
         SECTION 25.  Texas State University System:  System
  Operations Reimbursement. In addition to amounts appropriated to
  the Texas State University System in House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, there is hereby appropriated
  for the 2012-2013 biennium $1,600,000 in General Revenue to the
  Texas State University System for one-time costs at the system
  office. It is the intent of the legislature that this appropriation
  is one-time for the 2012-2013 biennium and shall not be included in
  the base funding for the 2014-2015 biennium.
         SECTION 26.  Appropriation:  Jobs and Education for Texans.
  There is hereby appropriated all remaining unexpended and
  unobligated balances as of August 31, 2011 (estimated to be
  $5,000,000), out of the General Revenue-Dedicated Jobs and
  Education for Texans Account No. 5143 to the Comptroller of Public
  Accounts - Fiscal Programs for the purposes of providing grants in
  accordance with Government Code, Chapter 403, Subchapter O, and
  Education Code, Chapter 134. Any unexpended and unobligated
  balances remaining as of August 31, 2012, are hereby appropriated
  for the same purpose for the fiscal year beginning September 1,
  2012.
         SECTION 27.  Contingency for Senate Bill 1:  Charter School
  Bonds. Contingent on enactment of Senate Bill 1, 82nd Legislature,
  1st Called Session, 2011, or similar legislation relating to the
  guarantee of open-enrollment charter school bonds by the Permanent
  School Fund, by the 82nd Legislature, 1st Called Session, 2011, the
  Texas Education Agency is hereby appropriated from the General
  Revenue Fund $550,000 in each fiscal year of the 2012-2013
  biennium.  These appropriations are contingent upon the Texas
  Education Agency assessing fees sufficient to generate, during the
  2012-2013 biennium, revenue to cover the appropriations for
  implementation of the legislation as well as associated "other
  direct and indirect costs" appropriated elsewhere in this Act.  In
  the event that actual and/or projected revenue collections are
  insufficient to offset the costs identified by this provision, the
  Comptroller of Public Accounts may reduce the appropriation
  authority provided herein to be within the amount of revenue
  expected to be available.
         SECTION 28.  University of Texas at Austin. Out of funds
  appropriated to The University of Texas at Austin in Strategy
  C.4.1, Institutional Enhancement, in House Bill 1, 82nd
  Legislature, Regular Session, 2011, $500,000 in General Revenue in
  fiscal year 2012 and $500,000 in General Revenue in fiscal year 2013
  is for a program at the College of Fine Arts developed in
  partnership with the Texas Cultural Trust to extend the fine arts
  digital literacy curriculum to 10th grade fine arts instruction and
  the development of teacher certification curriculum in digital
  literacy for the fine arts.
         SECTION 29.  Texas Forest Service. In addition to amounts
  appropriated to the Texas Forest Service in House Bill 1, Acts of
  the 82nd Legislature, Regular Session, 2011, there is hereby
  appropriated $40,000,000 in General Revenue in fiscal year 2012 to
  the agency for combating wildfire. Any unexpended balances as of
  August 31, 2012, are hereby appropriated to the Texas Forest
  Service for the fiscal year beginning September 1, 2012, for the
  same purpose.
         SECTION 30.  Department of Public Safety:  Border Security.
  In addition to amounts appropriated in House Bill 1, Acts of the
  82nd Legislature, Regular Session, 2011, and in addition to capital
  purchases authorized in Rider 2 of the bill pattern for the Texas
  Department of Public Safety: The Texas Department of Public Safety
  is hereby appropriated $1,200,000 in General Revenue for the
  2012-2013 biennium to be allocated as follows:
         (a)  $1,066,667 shall be used to purchase the following:
               (1)  $800,000 for tactical vessels; and
               (2)  $266,667 for weaponry.
         (b)  $133,333 shall be used by the agency for operations
  costs, not including training costs, associated with the equipment
  identified above.
         The Legislative Budget Board shall make all necessary and
  corresponding adjustments to the bill pattern of the Texas
  Department of Public Safety, including adjustments to Rider 2,
  Capital Budget, as necessary to implement the appropriation
  authority provided by this section.
         SECTION 31.  Parks and Wildlife Department:  Border
  Security.  In addition to amounts appropriated in House Bill 1, Acts
  of the 82nd Legislature, Regular Session, 2011, and in addition to
  capital purchases authorized in Rider 2 of the bill pattern for the
  Parks and Wildlife Department: The Texas Parks and Wildlife
  Department is hereby appropriated $909,759 in General Revenue for
  the 2012-2013 biennium to be allocated as follows:
         (a)  $578,959 shall be used to purchase the following:
               (1)  $501,359 for SAFEBOATS; and
               (2)  $77,600 for weaponry and ammunition.
         (b)  $330,800 shall be used by the agency for operations
  costs, not including training costs, associated with the equipment
  identified above.
         The Legislative Budget Board shall make all necessary and
  corresponding adjustments to the bill pattern of the Parks and
  Wildlife Department, including adjustments to Rider 2, Capital
  Budget, as necessary to implement the appropriation authority
  provided by this section.
         SECTION 32.  Texas Department of Rural Affairs:  Transfer of
  Functions. Contingent on enactment of Senate Bill 1, 82nd
  Legislature, 1st Called Session, 2011, or similar legislation
  providing for the transfer of all functions of the Texas Department
  of Rural Affairs:
         (a)  All appropriations, FTEs, riders and measures for the
  Texas Department of Rural Affairs in House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, for all nondisaster relief
  funding purposes, including Community Development Block Grant
  planning grant funds, are hereby transferred and appropriated to
  the Texas Department of Agriculture.
         (b)  The Legislative Budget Board shall work with the
  affected agencies on an agreement for the proper amount and
  allocation of appropriations, FTEs, measures and riders. The
  Legislative Budget Board shall approve the allocation agreement by
  August 31, 2011, and will resolve any allocation issues that arise
  thereafter.
         (c)  The Legislative Budget Board shall make all necessary
  adjustments as a result of this section to the bill patterns of the
  affected agencies.
         SECTION 33.  Community Development Block Grant:  Disaster
  Relief Funding. Pursuant to the Governor designating the General
  Land Office as the state agency responsible for administration of
  the Community Development Block Grant disaster recovery funding for
  Texas, as allowed under the Consolidated Security, Disaster
  Assistance, and Continuing Appropriations Act and other related
  federal provisions:
         (a)  All appropriations, FTEs, riders, and measures for the
  Texas Department of Housing and Community Affairs related to
  Community Development Block Grant disaster recovery funding and
  assistance in House Bill 1, Acts of the 82nd Legislature, Regular
  Session, 2011, are hereby transferred and appropriated to the
  General Land Office.
         (b)  All appropriations, FTEs, riders and measures for the
  Texas Department of Rural Affairs, or its successor agency, related
  to disaster recovery funding in House Bill 1, Acts of the 82nd
  Legislature, Regular Session, 2011, are hereby transferred and
  appropriated to the General Land Office.
         (c)  The Legislative Budget Board shall work with the
  affected agencies on an agreement for the proper amount and
  allocation of appropriations, FTEs, measures and riders. The
  Legislative Budget Board shall approve the allocation agreement by
  August 31, 2011, and will resolve any allocation issues that arise
  thereafter.
         (d)  The Legislative Budget Board shall make all necessary
  adjustments as a result of this section to the bill patterns of the
  affected agencies.
         SECTION 34.  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 35.  This Act takes effect immediately. Except as
  otherwise provided by this Act, the appropriations made by this Act
  are effective for the two-year period starting September 1, 2011.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
           
          
 
    
    
      
    
 
 
  ______________________________
  Secretary of the Senate    
 
           
       
     
    
 
      
    
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved: 
                                   I, Susan Combs, Comptroller of
  ______________________________    Public Accounts, do hereby 
             Date                  certify that the amounts
                                   appropriated in the herein  
                                   S.B. No. 2, 1st Called Session,
  ______________________________    82nd Legislature, are within the 
           Governor                amount estimated to be available 
                                   in the affected fund. 
                                   Certified _____________, 2011.
   
                                   ______________________________ 
                                   Comptroller of Public Accounts