Bill Text: TX HB2021 | 2021-2022 | 87th Legislature | Comm Sub
Bill Title: Relating to the acceptance, rejection, and uses of certain money provided by the federal government to this state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-05-12 - Placed on General State Calendar [HB2021 Detail]
Download: Texas-2021-HB2021-Comm_Sub.html
87R19577 KJE-F | |||
By: Bonnen, González of El Paso, Capriglione, | H.B. No. 2021 | ||
Wilson, Walle, et al. | |||
Substitute the following for H.B. No. 2021: | |||
By: Walle | C.S.H.B. No. 2021 |
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relating to the acceptance, rejection, and uses of certain money | ||
provided by the federal government to this state. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 317, Government Code, is amended by | ||
adding Subchapter C to read as follows: | ||
SUBCHAPTER C. DISPOSITION OF CERTAIN FEDERAL MONEY | ||
Sec. 317.101. PURPOSE. The purpose of this subchapter is to | ||
exercise the legislature's constitutional authority under Section | ||
69, Article XVI, Texas Constitution, to safeguard the power of the | ||
purse and protect public money by providing a mechanism for the | ||
appropriate allocation and transfer of certain federal money. | ||
Sec. 317.102. DEFINITION. In this subchapter, "board" | ||
means the board on administration of federal funds established by | ||
this subchapter. | ||
Sec. 317.103. APPLICABILITY. (a) Except as provided by | ||
Subsection (b), this subchapter applies only to: | ||
(1) federal contract or grant money made available to | ||
the state as a result of the public health emergency declared by the | ||
United States secretary of health and human services under Section | ||
319, Public Health Service Act (42 U.S.C. Section 247d), on January | ||
31, 2020, including money made available under: | ||
(A) Section 5001, Coronavirus Aid, Relief, and | ||
Economic Security Act (CARES Act) (42 U.S.C. Section 801); | ||
(B) Section 313, Coronavirus Response and Relief | ||
Supplemental Appropriations Act, 2021 (Div. M, Pub. L. No. 116-260, | ||
134 Stat. 1182 (2020), reprinted in note, 20 U.S.C. Section 3401); | ||
(C) Section 2001, American Rescue Plan Act of | ||
2021 (Pub. L. No. 117-2, 135 Stat. 4 (2021), reprinted in note, 20 | ||
U.S.C. Section 3401); or | ||
(D) 42 U.S.C. Sections 602 and 604; | ||
(2) any additional federal funding appropriated to the | ||
state for federal fiscal years 2022 and 2023 that is designated as | ||
being an emergency requirement pursuant to Section 251(b)(2)(A), | ||
Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. | ||
Section 901(b)(2)(A)); and | ||
(3) federal money made available under federal | ||
legislation enacted after the 87th Legislature, Regular Session, | ||
2021, adjourns that addresses investments in infrastructure, | ||
capital projects, and economic and workforce development. | ||
(b) This subchapter does not apply to: | ||
(1) current and future allocations made to the state | ||
under Section 302(b), Congressional Budget and Impoundment Control | ||
Act of 1974 (2 U.S.C. Section 633(b)); or | ||
(2) a federal grant of $10 million or less in total | ||
allocation from a single grant source in a single award. | ||
Sec. 317.104. BOARD ON ADMINISTRATION OF FEDERAL FUNDS. | ||
(a) The board on administration of federal funds consists of: | ||
(1) the lieutenant governor; | ||
(2) the speaker of the house of representatives; | ||
(3) the chair and vice chair of the standing committee | ||
of the senate with jurisdiction over appropriations; | ||
(4) the chair and vice chair of the standing committee | ||
of the house of representatives with jurisdiction over | ||
appropriations; | ||
(5) two members of the senate, appointed by the | ||
lieutenant governor; and | ||
(6) two members of the house of representatives, | ||
appointed by the speaker of the house of representatives. | ||
(b) The lieutenant governor and the speaker of the house of | ||
representatives are joint chairs of the board. | ||
(c) A majority of the board members described by Subsections | ||
(a)(2), (4), and (6), plus a majority of the board members described | ||
by Subsections (a)(3) and (5), constitutes a quorum to transact | ||
business. Except as provided by this subchapter, if a quorum is | ||
present, the board may act by a majority vote on any matter that is | ||
within the board's jurisdiction. | ||
(d) A board member appointed under Subsection (a)(5) serves | ||
at the pleasure of the lieutenant governor. A board member | ||
appointed under Subsection (a)(6) serves at the pleasure of the | ||
speaker of the house of representatives. | ||
Sec. 317.105. VACANCY. A vacancy on the board is filled in | ||
the same manner as the original appointment. | ||
Sec. 317.106. BOARD MEETINGS. (a) The board shall meet as | ||
often as necessary to perform the board's duties. | ||
(b) A meeting may be held at any time at the request of | ||
either of the joint chairs of the board. | ||
(c) For any meeting held in person, the board must meet in | ||
Austin, except that if a majority of the board members described by | ||
Sections 317.104(a)(2), (4), and (6), plus a majority of the board | ||
members described by Sections 317.104(a)(3) and (5), agree, the | ||
board may meet in any location determined by the board. The board | ||
may hold any meeting by videoconference. | ||
(d) The board shall provide notice of each meeting: | ||
(1) in the manner provided by the rules of both the | ||
house of representatives and the senate for providing notice of a | ||
legislative committee hearing; and | ||
(2) by mail to each member of the legislature not later | ||
than the seventh day before the date of the meeting. | ||
(e) The notice provided under Subsection (d) must include: | ||
(1) the date and time of the meeting; | ||
(2) the location of the meeting or, if the meeting is | ||
to be held by videoconference, the means by which the meeting may be | ||
accessed; | ||
(3) a description of any proposal under Section | ||
317.107 that will be considered at the meeting; and | ||
(4) if applicable, an indication that the board | ||
intends to hold a public hearing on a proposal at the meeting. | ||
Sec. 317.107. PROPOSALS RELATED TO CERTAIN FEDERAL MONEY. | ||
(a) Subject to Subsection (b), the board may propose to: | ||
(1) accept or reject, allocate to one or more state | ||
agencies, and establish uses for money provided by the federal | ||
government and appropriated by the legislature; or | ||
(2) reject money provided by the federal government | ||
that has been appropriated to a state agency contingent on the | ||
receipt of the money from the federal government, or accept that | ||
money and: | ||
(A) transfer the authority to spend, obligate the | ||
expenditure of, or distribute the money to a different state | ||
agency; or | ||
(B) instruct the state agency to use the money | ||
for a purpose different from or in addition to the purpose for which | ||
the appropriation to the state agency was made. | ||
(b) The board may not make a proposal under this section: | ||
(1) during a regular or special session of the | ||
legislature; or | ||
(2) with respect to an appropriation made for a period | ||
during a state fiscal year that ended before the date the proposal | ||
is made. | ||
(c) To the extent of a conflict between the provisions of | ||
this subchapter relating to a proposal to accept or reject federal | ||
money under Subsection (a) and any other state law, including | ||
Sections 401.041, 403.012, and 403.0121, the provisions of this | ||
subchapter prevail. | ||
Sec. 317.108. CONTENTS OF PROPOSAL. A proposal made under | ||
Section 317.107 must provide sufficient detail to allow for a | ||
public hearing on the proposal. | ||
Sec. 317.109. REQUIRED PUBLICATION AND HEARING. (a) The | ||
board shall direct the secretary of state to publish in the Texas | ||
Register: | ||
(1) each proposal the board makes, including any | ||
accompanying statements; and | ||
(2) the methods and opportunities for submitting | ||
public comment on the proposal. | ||
(b) The board shall hold a public hearing on each proposal | ||
after the proposal is published in the Texas Register. | ||
Sec. 317.110. ADOPTION, AMENDMENT, OR REJECTION OF | ||
PROPOSAL. (a) Not later than the 10th day after the date the board | ||
holds a public hearing on a proposal, the board may: | ||
(1) adopt the proposal; | ||
(2) amend the proposal; | ||
(3) amend and adopt the proposal; or | ||
(4) reject the proposal. | ||
(b) An amendment to a proposal may change: | ||
(1) the proposed amount of money accepted, rejected, | ||
allocated, transferred, or used for a specific purpose; | ||
(2) the proposed purpose for which money may be used; | ||
(3) the proposed period for which money may be | ||
expended, obligated, or distributed; | ||
(4) the source or recipient of a proposed transfer or | ||
allocation; or | ||
(5) a proposed time of distribution or availability of | ||
the money that is the subject of the proposal. | ||
(c) The board may not adopt a proposal: | ||
(1) expressly postponing the time set by law that an | ||
appropriation is distributed or otherwise made available to a state | ||
agency for a period that exceeds 180 days; | ||
(2) reducing or eliminating an appropriation for the | ||
salary of an elected state official or a member of a board or | ||
commission appointed by the governor; or | ||
(3) reducing or eliminating an appropriation to a | ||
state agency that receives appropriations under a provision of a | ||
General Appropriations Act that makes an appropriation to the | ||
legislative branch. | ||
(d) The board may adopt a proposal under this section only | ||
if the proposal receives an affirmative vote of the majority of the | ||
board members described by Sections 317.104(a)(2), (4), and (6), | ||
plus a majority of the board members described by Sections | ||
317.104(a)(3) and (5). | ||
Sec. 317.111. APPROVAL OF PROPOSAL BY GOVERNOR. (a) Upon | ||
adoption of a proposal under Section 317.110, the board shall | ||
submit the proposal to the governor. | ||
(b) Not later than the 10th day after the date the board | ||
submits an adopted proposal to the governor, the governor shall | ||
approve or reject the proposal. | ||
(c) If the governor does not approve or reject an adopted | ||
proposal during the period described by Subsection (b), the | ||
proposal is considered approved. | ||
(d) A proposal adopted by the board takes effect only if | ||
approved by the governor under this section. A proposal approved by | ||
the governor takes effect on the date of approval, unless the | ||
proposal specifies a later effective date. | ||
(e) If the governor approves a proposal adopted by the | ||
board, the board shall: | ||
(1) notify the comptroller and the affected state | ||
agencies of the proposal; and | ||
(2) file a copy of the approved proposal with the | ||
secretary of state for publication in the Texas Register. | ||
Sec. 317.112. EXPIRATION OF APPROVED PROPOSAL. A proposal | ||
approved by the governor under Section 317.111 expires on the | ||
earlier of: | ||
(1) the date the next regular or special session of the | ||
legislature begins; or | ||
(2) the last day of the state fiscal year to which the | ||
proposal applies, except that a proposal may specify an earlier or | ||
later expiration date so long as the expiration date is not later | ||
than the last day of the state fiscal biennium that includes each | ||
state fiscal year to which the proposal applies. | ||
Sec. 317.113. ENFORCEMENT OF APPROVED PROPOSAL. During the | ||
period in which a proposal approved under this subchapter is in | ||
effect, the comptroller may approve vouchers and issue warrants | ||
regarding any affected appropriations only in accordance with the | ||
terms of the proposal. | ||
Sec. 317.114. SUPERSESSION OF APPROVED PROPOSAL. An | ||
unexpired proposal approved under Section 317.111 may be superseded | ||
by subsequent action of the board, law, or adoption of a | ||
constitutional amendment. | ||
SECTION 2. As soon as practicable after the effective date | ||
of this Act, the lieutenant governor and the speaker of the house of | ||
representatives shall make the appointments to the board on | ||
administration of federal funds as required by Section 317.104(a), | ||
Government Code, as added by this Act. | ||
SECTION 3. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |