By: Pitts (Senate Sponsor - Williams) H.B. No. 1025
         (In the Senate - Received from the House April 29, 2013;
  April 29, 2013, read first time and referred to Committee on
  Finance; May 20, 2013, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 13, Nays 0,
  1 present not voting; May 20, 2013, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR H.B. No. 1025 By:  Williams
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to making supplemental appropriations and reductions in
  appropriations and giving direction and adjustment authority
  regarding appropriations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  APPROPRIATION REDUCTION: TEXAS PUBLIC FINANCE
  AUTHORITY. The unencumbered appropriations from undedicated or
  dedicated portions of the general revenue fund to the Texas Public
  Finance Authority for use during the state fiscal biennium ending
  August 31, 2013, for bond debt service payments made by Chapter 1355
  (H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011 (the
  General Appropriations Act), including appropriations authorized
  under Rider 2 to the bill pattern of the appropriations to the
  authority, are reduced by a total aggregate reduction of
  $22,601,012. The Texas Public Finance Authority shall identify the
  strategies and objectives out of which the indicated reduction is
  to be made.
         SECTION 2.  APPROPRIATION REDUCTION: TEXAS DEPARTMENT OF
  TRANSPORTATION. The unencumbered appropriations from the general
  revenue fund to the Texas Department of Transportation for use
  during the state fiscal biennium ending August 31, 2013, made by
  Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), for Strategy G.1.1,
  General Obligation Bonds, are reduced by the amount of $53,000,000.
         SECTION 3.  APPROPRIATION REDUCTION: DEBT SERVICE PAYMENTS
  - NON-SELF SUPPORTING GENERAL OBLIGATION WATER BONDS. The
  unencumbered appropriations from the general revenue fund to the
  Water Development Board for Debt Service Payments for Non-Self
  Supporting G.O. Water Bonds for use during the state fiscal
  biennium ending August 31, 2013, made by Chapter 1355 (H.B. 1), Acts
  of the 82nd Legislature, Regular Session, 2011 (the General
  Appropriations Act), are reduced by the following amounts:
               (1)  $1,373,065 from Strategy A.1.1, EDAP Debt Service;
  and
               (2)  $6,325,756 from Strategy A.1.3, WIF Debt Service.
         SECTION 4.  APPROPRIATION REDUCTION: DEPARTMENT OF FAMILY
  AND PROTECTIVE SERVICES. The unencumbered appropriations from the
  general revenue fund to the Department of Family and Protective
  Services for use during the state fiscal biennium ending August 31,
  2013, made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature,
  Regular Session, 2011 (the General Appropriations Act), for
  Strategy B.1.11, Foster Care Payments, are reduced by the amount of
  $11,489,949.
         SECTION 5.  APPROPRIATION REDUCTION: HEALTH AND HUMAN
  SERVICES COMMISSION. The unencumbered appropriations from the
  general revenue fund to the Health and Human Services Commission
  for use during the state fiscal biennium ending August 31, 2013,
  made by Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), for Strategy D.1.1,
  TANF (Cash Assistance) Grants, are reduced by the amount of
  $2,330,351.
         SECTION 6.  APPROPRIATION REDUCTION: HIGHER EDUCATION
  EMPLOYEES GROUP INSURANCE CONTRIBUTIONS. The unencumbered
  appropriations from the general revenue fund to the Higher
  Education Employees Group Insurance Contributions for use during
  the state fiscal biennium ending August 31, 2013, made by Chapter
  1355 (H.B. 1), Acts of the 82nd Legislature, Regular Session, 2011
  (the General Appropriations Act), for Strategy A.1.11, UT
  Medical - Galveston, are reduced by the amount of $1,400,437.
         SECTION 7.  APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT
  AUSTIN.  The unencumbered appropriations from the general revenue
  fund to the University of Texas at Austin for use during the state
  fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B.
  1), Acts of the 82nd Legislature, Regular Session, 2011 (the
  General Appropriations Act), for Strategy C.4.1, Institutional
  Enhancement, are reduced by the amount of $2,000,000.
         SECTION 8.  APPROPRIATION REDUCTION: UNIVERSITY OF TEXAS AT
  DALLAS.  The unencumbered appropriations from the general revenue
  fund to the University of Texas at Dallas for use during the state
  fiscal biennium ending August 31, 2013, made by Chapter 1355 (H.B.
  1), Acts of the 82nd Legislature, Regular Session, 2011 (the
  General Appropriations Act), for Strategy A.1.1, Operations
  Support, are reduced by the amount of $890,622.
         SECTION 9.  APPROPRIATION REDUCTION: TEXAS A&M AGRILIFE
  RESEARCH. The unencumbered appropriations from general revenue
  account number 151, Clean Air, to Texas A&M AgriLife Research for
  use during the state fiscal biennium ending August 31, 2013, by
  Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), for Strategy A.1.1,
  Agricultural/Life Sciences Research, are reduced by the amount of
  $12,500.
         SECTION 10.  FACILITIES COMMISSION: UTILITY COSTS. (a) In
  addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2013, the amount of $1,400,000 is
  appropriated out of the general revenue fund to the Facilities
  Commission for Strategy B.2.1, Facilities Operation, as listed in
  Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), for the two-year
  period beginning on the effective date of this Act for the purpose
  of providing for payment of increased utility costs as a result of
  an increase in utility rates.
         (b)  Money appropriated by this section may not be used by
  the commission for a purpose other than payment of utility expenses
  without the prior written approval of the Legislative Budget Board.
         SECTION 11.  VETERANS COMMISSION: STRIKE FORCE TEAMS;
  REPAYMENT OF DEFICIENCY. (a) In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  the amount of $1,546,003 is appropriated out of the general revenue
  fund to the Veterans Commission for the state fiscal year ending
  August 31, 2013, for the purpose of creating two state strike force
  teams to address the backlog of claims in Houston and Waco and to
  hire additional counselors to be located in hospitals and clinics
  operated by the United States Department of Veterans Affairs.
         (b)  In addition to the number of full-time equivalent
  employees (FTEs) the Veterans Commission is authorized by other law
  to employ during the state fiscal year ending August 31, 2013, the
  commission may employ an additional 16.0 FTEs during that state
  fiscal year.
         (c)  In addition to amounts previously appropriated for the
  state fiscal biennium ending August 31, 2013, the amount of
  $500,000 is appropriated out of the general revenue fund to the
  Veterans Commission for the state fiscal year ending August 31,
  2013, for the purpose of repaying a deficiency grant made under
  Section 403.075, Government Code.
         SECTION 12.  UNIVERSITY OF HOUSTON - CLEAR LAKE.  In addition
  to amounts previously appropriated for the state fiscal biennium
  ending August 31, 2013, the amount of $200,000 is appropriated out
  of the general revenue fund to the University of Houston - Clear
  Lake for Strategy A.1.4, Workers' Compensation Insurance, as listed
  in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature, Regular
  Session, 2011 (the General Appropriations Act), for the state
  fiscal year ending August 31, 2013, for the purpose of current
  operations.
         SECTION 13.  TEXAS A&M ENGINEERING EXTENSION SERVICE. In
  addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2013, the amount of $1,678,703 is
  appropriated out of the general revenue fund to the Texas A&M
  Engineering Extension Service for the state fiscal year ending
  August 31, 2013, for the purpose of reimbursing the agency for
  state-directed deployments for natural disasters.
         SECTION 14.  TEXAS A&M AGRILIFE RESEARCH. In addition to
  amounts previously appropriated for the state fiscal biennium
  ending August 31, 2013, the amount of $162,500 is appropriated out
  of the general revenue fund to Texas A&M AgriLife Research for the
  state fiscal year ending August 31, 2013, for the purpose of current
  operations.
         SECTION 15.  JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT.  
  In addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2013, the amount of $475,000 is
  appropriated out of the general revenue fund to the Judiciary
  Section, Comptroller's Department, for Strategy D.1.8, Juror Pay,
  as listed in Chapter 1355 (H.B. 1), Acts of the 82nd Legislature,
  Regular Session, 2011 (the General Appropriations Act), for the
  state fiscal year ending August 31, 2013, for the purpose of
  reimbursing the agency for a transfer to Strategy D.1.10, Indigent
  Inmate Defense, as listed in Chapter 1355 (H.B. 1), Acts of the 82nd
  Legislature, Regular Session, 2011 (the General Appropriations
  Act), to cover costs of providing legal representation for an
  inmate in a capital murder trial.
         SECTION 16.  DEPARTMENT OF CRIMINAL JUSTICE: CORRECTIONAL
  MANAGED HEALTH CARE. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  the amount of $39,000,000 is appropriated out of the general
  revenue fund to the Department of Criminal Justice for the state
  fiscal year ending August 31, 2013, for the purpose of providing for
  correctional managed health care.
         SECTION 17.  COMMISSION ON ENVIRONMENTAL QUALITY: ELEPHANT
  BUTTE LITIGATION EXPENSES.  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  the amount of $500,000 is appropriated out of general revenue
  account number 153, Water Resource Management, to the Commission on
  Environmental Quality for the two-year period beginning on the
  effective date of this Act for the purpose of paying for Elephant
  Butte litigation expenses.
         SECTION 18.  PARKS AND WILDLIFE DEPARTMENT: REVENUE
  SHORTFALL. In addition to amounts previously appropriated for the
  state fiscal biennium ending August 31, 2013, the amount of
  $889,000 is appropriated out of the general revenue fund to the
  Parks and Wildlife Department for the two-year period beginning on
  the effective date of this Act for the purpose of providing for
  state park operations as a result of a revenue shortfall.
         SECTION 19.  LIBRARY AND ARCHIVES COMMISSION:
  DIRECTOR-LIBRARIAN SALARY. (a) In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  the amount of $35,500 is appropriated out of the general revenue
  fund to the Library and Archives Commission for the fiscal year
  ending August 31, 2013, for the purpose of providing a salary rate
  increase for the Director-Librarian.
         (b)  Notwithstanding the rate of salary in the bill pattern
  of the Library and Archives Commission in Chapter 1355 (H.B. 1),
  Acts of the 82nd Legislature, Regular Session, 2011 (the General
  Appropriations Act), the rate of salary for the Director-Librarian
  is $140,000 for the state fiscal year ending August 31, 2013.
         SECTION 20.  TEXAS A&M FOREST SERVICE: APPROPRIATIONS FOR
  GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2013, the amount of $161,065,711 is appropriated out of the
  general revenue fund to the Texas A&M Forest Service for the state
  fiscal year ending August 31, 2013, for the purpose of paying for,
  or reimbursing payments made for, costs incurred by the Texas A&M
  Forest Service associated with wildfires.
         SECTION 21.  DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR
  GENERAL COSTS CAUSED BY WILDFIRES. In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2013, the amount of $2,700,000 is appropriated out of the
  general revenue fund to the Department of Public Safety for the
  state fiscal year ending August 31, 2013, for the purpose of paying
  for, or reimbursing payments made for, costs incurred by the
  Department of Public Safety associated with wildfires.
         SECTION 22.  PARKS AND WILDLIFE DEPARTMENT: APPROPRIATIONS
  FOR COSTS CAUSED BY WILDFIRES AT THE BASTROP STATE PARK AND BASTROP
  REGIONAL PARK OFFICE. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  the amount of $4,892,440 is appropriated out of the general revenue
  fund to the Parks and Wildlife Department for the two-year period
  beginning on the effective date of this Act for the purpose of
  paying for, or reimbursing payments made for, costs incurred by the
  Parks and Wildlife Department associated with wildfires that
  occurred at the Bastrop State Park and Bastrop regional park
  office.
         SECTION 23.  RAILROAD COMMISSION: INFORMATION TECHNOLOGY
  MODERNIZATION. (a) In addition to amounts previously appropriated
  for the state fiscal biennium ending August 31, 2013, the amount of
  $16,711,989 is appropriated out of general revenue dedicated
  account number 5155, Oil and Gas Regulation and Cleanup Account, to
  the Railroad Commission for the two-year period beginning on the
  effective date of this Act for the purpose of modernization of
  information technology.
         (b)  In addition to the number of full-time equivalent
  employees (FTEs) the Railroad Commission is authorized by other law
  to employ during the two-year period beginning on the effective
  date of this Act, the commission may employ an additional 11.0 FTEs
  in each of those years.
         SECTION 24.  DEPARTMENT OF STATE HEALTH SERVICES:
  DISPROPORTIONATE SHARE HOSPITAL PROGRAM. In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2013, the amount of $100,000,000 is appropriated out of general
  revenue dedicated account number 5111, Trauma Facility and EMS
  Account, to the Department of State Health Services for the state
  fiscal year ending August 31, 2013, for the purpose of entering into
  an interagency contract to transfer money from that account from
  that department to the Health and Human Services Commission to
  provide for the non-federal share for the Medicaid disproportionate
  share hospital program.
         SECTION 25.  TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
  GOVERNOR: DISASTER RECOVERY. (a) In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2013, the following amounts are appropriated out of the general
  revenue fund to the Trusteed Programs within the Office of the
  Governor for the two-year period beginning on the effective date of
  this Act for purposes of wildfire recovery, remediation, and
  mitigation activities related to wildfires in Bastrop and Cass
  Counties:
               (1)  $4,398,000 to address the needed repair and
  rehabilitation of roads, bridges, culverts, and parks, and to
  complete hazardous debris removal and fire risk-mitigation
  activities in Bastrop County; and
               (2)  an amount not to exceed $1,000,000 for
  reimbursements to local responders in Cass County for work
  performed during the Bear Creek wildfires.
         (b)  Money appropriated by this section shall be allocated to
  specific projects to maximize the receipt of federal money
  available for similar purposes. Money appropriated by this section
  may not be spent on activities conducted on private property.
         SECTION 26.  APPROPRIATIONS TO INSTITUTIONS OF HIGHER
  EDUCATION: HAZLEWOOD EXEMPTION. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2013,
  to the listed institutions of higher education, the following
  amounts are appropriated out of the general revenue fund for the
  two-year period beginning on the effective date of this Act for the
  purpose of funding the proportionate share of the total cost to each
  institution for the Hazlewood exemption, for a total aggregate
  amount of $30,000,000:
               (1)  The University of Texas at Arlington: $1,406,701;
               (2)  The University of Texas at Austin: $1,736,342;
               (3)  The University of Texas at Dallas: $702,122;
               (4)  The University of Texas at El Paso: $696,939;
               (5)  The University of Texas--Pan American: $419,271;
               (6)  The University of Texas at Brownsville: $153,017;
               (7)  The University of Texas of the Permian Basin:
  $66,965;
               (8)  The University of Texas at San Antonio:
  $1,919,554;
               (9)  The University of Texas at Tyler: $300,676;
               (10)  Texas A&M University: $2,435,829;
               (11)  Texas A&M University at Galveston: $140,041;
               (12)  Prairie View A&M University: $361,931;
               (13)  Tarleton State University: $403,137;
               (14)  Texas A&M University--Central Texas: $139,830;
               (15)  Texas A&M University--Corpus Christi: $694,591;
               (16)  Texas A&M University--Kingsville: $326,371;
               (17)  Texas A&M University--San Antonio: $170,885;
               (18)  Texas A&M International University: $112,013;
               (19)  West Texas A&M University: $279,756;
               (20)  Texas A&M University--Commerce: $500,167;
               (21)  Texas A&M University--Texarkana: $31,056;
               (22)  University of Houston: $1,267,175;
               (23)  University of Houston--Clear Lake: $247,905;
               (24)  University of Houston--Downtown: $205,693;
               (25)  University of Houston--Victoria: $114,415;
               (26)  Midwestern State University: $266,493;
               (27)  University of North Texas: $1,450,907;
               (28)  University of North Texas at Dallas: $41,972;
               (29)  Stephen F. Austin State University: $507,780;
               (30)  Texas Southern University: $302,845;
               (31)  Texas Tech University: $1,902,362;
               (32)  Angelo State University: $333,676;
               (33)  Texas Woman's University: $315,905;
               (34)  Lamar University: $617,129;
               (35)  Lamar Institute of Technology: $58,752;
               (36)  Lamar State College--Orange: $23,384;
               (37)  Lamar State College--Port Arthur: $24,590;
               (38)  Sam Houston State University: $956,335;
               (39)  Texas State University--San Marcos: $2,513,969;
               (40)  Sul Ross State University: $60,784;
               (41)  The University of Texas Southwestern Medical
  Center at Dallas: $30,812;
               (42)  The University of Texas Medical Branch at
  Galveston: $86,039;
               (43)  The University of Texas Health Science Center at
  Houston: $29,079;
               (44)  The University of Texas Health Science Center at
  San Antonio: $177,640;
               (45)  The University of Texas M. D. Anderson Cancer
  Center: $2,784;
               (46)  Texas A&M University System Health Science
  Center: $112,525;
               (47)  University of North Texas Health Science Center
  at Fort Worth: $51,072;
               (48)  Texas Tech University Health Sciences Center:
  $201,985;
               (49)  Texas State Technical College--Harlingen:
  $100,011;
               (50)  Texas State Technical College--West Texas:
  $15,969;
               (51)  Texas State Technical College--Marshall:
  $16,746;
               (52)  Texas State Technical College--Waco: $121,812;
               (53)  Alamo Community College District: $335,530;
               (54)  Alvin Community College: $40,839;
               (55)  Amarillo College: $129,144;
               (56)  Angelina College: $17,865;
               (57)  Austin Community College: $621,188;
               (58)  Blinn College: $158,713;
               (59)  Brazosport College: $26,463;
               (60)  Central Texas College: $80,575;
               (61)  Cisco Junior College: $34,473;
               (62)  Clarendon College: $8,088;
               (63)  Coastal Bend College: $32,958;
               (64)  College of the Mainland Community College
  District: $21,115;
               (65)  Collin County Community College District:
  $43,143;
               (66)  Dallas County Community College District:
  $106,489;
               (67)  Del Mar College: $239,923;
               (68)  El Paso Community College District: $340,197;
               (69)  Frank Phillips College: $4,153;
               (70)  Galveston College: $9,593;
               (71)  Grayson County College: $28,976;
               (72)  Hill College: $26,577;
               (73)  Houston Community College: $235,719;
               (74)  Howard College: $24,419;
               (75)  Kilgore College: $60,438;
               (76)  Laredo Community College: $60,203;
               (77)  Lee College: $31,006;
               (78)  Lone Star College System District: $243,510;
               (79)  McLennan Community College: $92,399;
               (80)  Midland College: $32,895;
               (81)  Navarro College: $401,058;
               (82)  North Central Texas College: $41,066;
               (83)  Northeast Texas Community College: $23,887;
               (84)  Odessa College: $19,382;
               (85)  Panola College: $13,630;
               (86)  Paris Junior College: $27,678;
               (87)  Ranger College: $12,154;
               (88)  San Jacinto College: $120,361;
               (89)  South Plains College: $122,024;
               (90)  South Texas College: $115,340;
               (91)  Southwest Texas Junior College: $23,068;
               (92)  Tarrant County College District: $117,020;
               (93)  Temple College: $128,794;
               (94)  Texarkana College: $16,682;
               (95)  Texas Southmost College: $179,695;
               (96)  Trinity Valley Community College: $50,349;
               (97)  Tyler Junior College: $128,796;
               (98)  Vernon College: $46,291;
               (99)  Victoria College: $66,232;
               (100)  Weatherford College: $30,136;
               (101)  Western Texas College: $18,174; and
               (102)  Wharton County Junior College: $55,853.
         SECTION 27.  HEALTH AND HUMAN SERVICES COMMISSION: CERTAIN
  RIDERS. Rider 26 to the bill pattern of the appropriations to the
  Health and Human Services Commission in Chapter 1355 (H.B. 1), Acts
  of the 82nd Legislature, Regular Session, 2011 (the General
  Appropriations Act), is repealed, and the commission is not
  required to comply with that rider on and after the effective date
  of this Act.
         SECTION 28.  BENEFITS PAID PROPORTIONAL BY FUND. (a) This
  section applies to each item of appropriation made by this Act.
         (b)  In order to maximize balances in the general revenue
  fund, payment for benefits paid from funds appropriated by this
  Act, including "local funds" and "educational and general funds,"
  as those terms are defined by Sections 51.009(a) and (c), Education
  Code, must be proportional to the source of the funds except for
  payments for higher education employees group insurance
  contributions for public community or junior colleges.
         (c)  Money appropriated by this Act out of the general
  revenue fund may not be used to pay employee benefit costs or other
  indirect costs associated with the payment of salaries or wages of
  employees if the salaries or wages are paid from a source other than
  the general revenue fund. A public community or junior college may
  spend money appropriated by this Act for employee benefit costs for
  any employee who is eligible to participate in an offered group
  benefits program and is an instructional or administrative employee
  whose entire salary may be paid from money appropriated by this Act,
  regardless of whether the salary is actually paid by that money.
  Payments for employee benefit costs associated with salaries and
  wages paid from sources other than the general revenue fund,
  including payments received under interagency agreement or as
  contract receipts, must be made in proportion to the source of the
  funds from which the salary or wage is paid. If the comptroller of
  public accounts determines that achieving proportionality as
  required by this section at the time a payment is made is
  impractical or inefficient, then the general revenue fund shall be
  reimbursed for any payment of employee benefit costs made out of the
  general revenue fund.
         (d)  A state agency or institution of higher education that
  receives an appropriation by this Act from the general revenue fund
  or any other source of financing shall file with the comptroller of
  public accounts and the state auditor a report demonstrating
  proportionality. The report is due on November 20th of each year
  and must cover the state fiscal year ending on August 31st of the
  year in which the report is due. The report shall be in the format
  prescribed by the comptroller, the Legislative Budget Board, and
  the State Auditor's Office. The state auditor may audit a state
  agency's or institution's compliance with this section if the
  agency or institution is appropriated money by this Act. The state
  auditor shall notify the comptroller of any amount
  disproportionally paid from general revenue fund appropriations.
  On receipt of that notice, the comptroller shall reduce the state
  agency's or institution's current year general revenue fund
  appropriations until the general revenue fund is reimbursed for the
  amounts disproportionally paid out of that fund.
         SECTION 29.  EFFECTIVE DATE. This Act takes effect
  immediately as provided for a general appropriations act under
  Section 39, Article III, Texas Constitution.
 
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