By: Ogden	S.B. No. 2
	(Pitts)
	Substitute the following for S.B. No. 2:  No.

	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.  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 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, First 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
	Eighty-second Legislature, 2011.  The Legislative Budget Board
	shall adjust the informational listing of bond debt service
	pursuant to this provision.
	SECTION 4.  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, 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 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 TEA 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 2012-13 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 SB 1, 82nd
	Legislature, First 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
	subsection (b) above shall be decreased commensurately.
	(e)  Contingency for HJR 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 2012-13 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 2012-13 biennium, pursuant to all of the
	following:
	a.  passage and enactment of HJR 109, 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 SB 1, 82nd Legislature, First Called Session, 2011, or
	similar legislation by the Eighty-second 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 2012-13 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 5.  Contingency for Senate Bill 1: Legislation
	Relating to Certain Office of Court Administration License Fees.
	Contingent upon the enactment of SB 1, 82nd Legislature, First
	Called Session, 2011, relating to license fees and the allowable
	use of such fees for process servers, guardians, and court
	reporters by the Eighty-second 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 to
	reduce the appropriation authority provided above to be within the
	amount of revenue expected to be available.
	SECTION 6.  Contingency for Senate Bill 1: Railroad
	Commission. Contingent on enactment of SB 1, or similar legislation
	relating to the Railroad Commission by the Eighty-second
	Legislature:
	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 SB 1, 82nd Legislature,
	First Called Session, 2011, or similar legislation
	creating an account to cover costs of the agency's oil-
	and gas-related activities, by the Eighty-second
	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 SB 1, 82nd
	Legislature, First Called Session, 2011, or similar legislation
	allowing for the use of pipeline safety fees for gas utility
	regulatory functions, by the Eighty-second Legislature, the
	Railroad Commission is hereby appropriated in each fiscal year of
	the 2012-13 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 2012-13.
	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 2012-13 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 2012-13, a finding of fact to that
	effect shall be issued and the contingent appropriation shall be
	made available for the intended purpose.
	SECTION 7.  Contingency for Senate Bill 1: Voter
	Registration. Contingent on enactment of SB 1, 82nd Legislature,
	First 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, by the
	Eighty-second Legislature, 2011, amounts appropriated elsewhere in
	HB 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 8.  Contingency for House Bill 7: Managed Care
	Expansion. Contingent on the enactment of House Bill 7 or similar
	legislation by the 82nd Legislature, First 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 Regular Session.
	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 9.  Contingency for House Bill 7: Institute of
	Health Care Quality and Efficiency.  Contingent on the enactment of
	House Bill 7, 82nd Legislature, First 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 10.  Contingency for House Bill 7; Health Care
	Collaborative. Contingent on enactment of House Bill 7, 82nd
	Legislature, First 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 11.  Contingency for Senate Bill 6: Instructional
	Materials Allotment. (a) Contingent on Senate 6, or a similar act of
	the Eighty-second Legislature, First Called Session, 2011,
	relating to the establishment of an instructional materials
	allotment, being enacted by the vote necessary for the Act to take
	effect immediately and the Act immediately becoming law, Subsection
	(a) of Section 11 of House Bill 4, Acts of the Eighty-second
	Legislature, Regular Session, 2011, has no effect and the
	$184,000,000 described by that subsection is allocated to fund the
	instructional materials allotment in accordance with the
	provisions of SB 6 or the similar Act, as applicable.
	(b)  To the extent of any conflict, this Act prevails over
	the provisions of House Bill 4, Section 11, subsection (b), Acts of
	the Eighty-second Legislature, Regular Session, 2011.
	SECTION 12.  SAVINGS 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 13.  EMERGENCY CLAUSE. The importance of the
	legislation to the people of the State of Texas and the crowded
	condition of the calendars in both Houses of the Legislature create
	an emergency and an imperative public necessity that the
	Constitutional Rule requiring bills to be read on three separate
	days in each House be suspended, and said Rule is hereby suspended;
	and this Act shall take effect and be in force from and after its
	passage, and it is so enacted.