Bill Text: TX HB5 | 2021 | 87th Legislature 2nd Special Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to making supplemental appropriations and giving direction regarding appropriations.

Spectrum: Partisan Bill (Republican 59-3)

Status: (Passed) 2021-09-17 - Effective immediately [HB5 Detail]

Download: Texas-2021-HB5-Comm_Sub.html

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87S20906 SRA-D
By: Bonnen, et al. H.B. No. 5
Substitute the following for H.B. No. 5:
By: Capriglione C.S.H.B. No. 5

A BILL TO BE ENTITLED
AN ACT
relating to making supplemental appropriations and giving
direction regarding appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SENATE. (a) Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), is amended by adding the following
rider at the end of the riders to the bill pattern of the
appropriations made to the Senate in that section (page X-1):
4. General Funding. In addition to amounts otherwise
appropriated by this Act to the Senate, there is appropriated to the
Senate from the general revenue fund the amount of $34,422,614 for
the state fiscal year beginning September 1, 2021, and the amount of
$37,291,165 for the state fiscal year beginning September 1, 2022,
for Strategy A.1.1, Senate, to be spent in accordance with Rider 1
above.
(b) Rider 3 (page X-1), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the Senate is amended to read as follows:
3. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Senate are appropriated to the Senate for the same purposes
for the biennium beginning September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Senate are
appropriated for the same purposes for the fiscal year beginning
September 1, 2022.
SECTION 2. HOUSE OF REPRESENTATIVES. (a) Section 1,
Article X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature,
Regular Session, 2021 (the General Appropriations Act), is amended
by adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the House of Representatives
in that section (page X-2):
4. General Funding. In addition to amounts otherwise
appropriated by this Act to the House of Representatives, there is
appropriated to the House of Representatives from the general
revenue fund the amount of $43,098,410 for the state fiscal year
beginning September 1, 2021, and the amount of $48,600,335 for the
state fiscal year beginning September 1, 2022, for Strategy A.1.1,
House of Representatives, to be spent in accordance with Rider 1
above.
(b) Rider 3 (page X-2), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the House of Representatives is amended to read
as follows:
3. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the House of Representatives are appropriated to the House of
Representatives for the same purposes for the biennium beginning
September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the House of
Representatives are appropriated for the same purposes for the
fiscal year beginning September 1, 2022.
SECTION 3. LEGISLATIVE BUDGET BOARD. (a) Section 1,
Article X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature,
Regular Session, 2021 (the General Appropriations Act), is amended
by adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the Legislative Budget Board
in that section (page X-3):
4. General Funding. In addition to amounts otherwise
appropriated by this Act to the Legislative Budget Board, there is
appropriated to the Legislative Budget Board from the general
revenue fund the amount of $13,178,999 for the state fiscal year
beginning September 1, 2021, and the amount of $13,178,998 for the
state fiscal year beginning September 1, 2022, for Strategy A.1.1,
Legislative Budget Board, to be spent in accordance with Rider 1
above.
(b) Rider 2 (page X-3), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the Legislative Budget Board is amended to read
as follows:
2. Unexpended Balance. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Legislative Budget Board are appropriated to the Legislative
Budget Board for the same purposes for the biennium beginning
September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Legislative Budget
Board are appropriated to the Legislative Budget Board for the same
purposes for the fiscal year beginning September 1, 2022.
SECTION 4. LEGISLATIVE COUNCIL. (a) Section 1, Article X,
Chapter 1053 (S.B. 1), Acts of the 87th Legislature, Regular
Session, 2021 (the General Appropriations Act), is amended by
adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the Legislative Council in
that section (page X-4):
5. General Funding. In addition to amounts otherwise
appropriated by this Act to the Legislative Council, there is
appropriated to the Legislative Council from the general revenue
fund the amount of $40,205,883 for the state fiscal year beginning
September 1, 2021, and the amount of $43,556,374 for the state
fiscal year beginning September 1, 2022, for Strategy A.1.1,
Legislative Council, to be spent in accordance with Rider 1 above.
(b) Rider 2 (page X-4), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the Legislative Council is amended to read as
follows:
2. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Legislative Council are appropriated to the Legislative
Council for the same purposes for the biennium beginning September
1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Legislative
Council are appropriated to the Legislative Council for the same
purposes for the fiscal year beginning September 1, 2022.
SECTION 5. COMMISSION ON UNIFORM STATE LAWS. (a) Section 1,
Article X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature,
Regular Session, 2021 (the General Appropriations Act), is amended
by adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the Commission on Uniform
State Laws in that section (page X-5):
3. General Funding. In addition to amounts otherwise
appropriated by this Act to the Commission on Uniform State Laws,
there is appropriated to the Commission on Uniform State Laws from
the general revenue fund the amount of $143,958 for each state
fiscal year of the state fiscal biennium beginning September 1,
2021, for Strategy A.1.1, Commission on Uniform State Laws, to be
spent in accordance with Rider 1 above.
(b) Rider 2 (page X-5), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the Commission on Uniform State Laws is amended
to read as follows:
2. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Commission on Uniform State Laws are appropriated to the
Commission on Uniform State Laws for the same purposes for the
biennium beginning September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Commission on
Uniform State Laws are appropriated to the Commission on Uniform
State Laws for the same purposes for the fiscal year beginning
September 1, 2022.
SECTION 6. SUNSET ADVISORY COMMISSION. (a) Section 1,
Article X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature,
Regular Session, 2021 (the General Appropriations Act), is amended
by adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the Sunset Advisory
Commission in that section (page X-6):
3. General Funding. In addition to amounts otherwise
appropriated by this Act to the Sunset Advisory Commission, there
is appropriated to the Sunset Advisory Commission from the general
revenue fund the amount of $2,268,722 for each state fiscal year of
the state fiscal biennium beginning September 1, 2021, for Strategy
A.1.1, Sunset Advisory Commission.
(b) Riders 1 and 2 (pages X-5 and X-6), Section 1, Article X,
Chapter 1053 (S.B. 1), Acts of the 87th Legislature, Regular
Session, 2021 (the General Appropriations Act), to the bill pattern
of the appropriations to the Sunset Advisory Commission are amended
to read as follows:
1. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Sunset Advisory Commission are appropriated to the Sunset
Advisory Commission for the same purposes for the biennium
beginning September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Sunset Advisory
Commission are appropriated to the Sunset Advisory Commission for
the same purposes for the fiscal year beginning September 1, 2022.
2. Appropriation to Sunset Advisory Commission Account. The
money that an entity is required by law to pay to the Sunset
Advisory Commission to cover the costs the commission incurs in
performing a review of the entity is appropriated to the commission
for maintaining the operations of the commission.
SECTION 7. STATE AUDITOR'S OFFICE. (a) Section 1, Article
X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature, Regular
Session, 2021 (the General Appropriations Act), is amended by
adding the following rider at the end of the riders to the bill
pattern of the appropriations made to the State Auditor's Office in
that section (page X-7):
8. General Funding. (a) In addition to amounts otherwise
appropriated by this Act to the State Auditor's Office, there is
appropriated to the State Auditor's Office from the general revenue
fund the amount of $17,027,403 for the state fiscal year beginning
September 1, 2021, and the amount of $17,027,402 for the state
fiscal year beginning September 1, 2022, for Strategy A.1.1, State
Auditor.
(b) The State Auditor's Office shall use money appropriated
by Subsection (a) of this rider as necessary to perform the office's
duties under Riders 5, 6, and 7 above.
(b) Riders 2 and 3 (page X-6), Section 1, Article X, Chapter
1053 (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021
(the General Appropriations Act), to the bill pattern of the
appropriations to the State Auditor's Office are amended to read as
follows:
2. Appropriation of Appropriated Receipts. All funds
reimbursed to the State Auditor's Office (SAO) by governmental
entities for the provision of services are appropriated to the SAO
during the fiscal year in which they are received and shall be used
as provided by Government Code, Chapter 321.
3. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the State Auditor's Office (SAO) from the General Revenue Fund
are appropriated to the SAO for the same purposes for the biennium
beginning September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the SAO from the
General Revenue Fund are appropriated to the SAO for the same
purposes for the fiscal year beginning September 1, 2022.
SECTION 8. LEGISLATIVE REFERENCE LIBRARY. (a) Section 1,
Article X, Chapter 1053 (S.B. 1), Acts of the 87th Legislature,
Regular Session, 2021 (the General Appropriations Act), is amended
by adding the following riders at the end of the riders to the bill
pattern of the appropriations made to the Legislative Reference
Library in that section (page X-8):
3. General Funding. In addition to amounts otherwise
appropriated by this Act to the Legislative Reference Library,
there is appropriated to the Legislative Reference Library from the
general revenue fund the amount of $1,733,325 for each state fiscal
year of the state fiscal biennium beginning September 1, 2021, for
Strategy A.1.1, Legislative Reference Library, to be spent in
accordance with Rider 1 above.
4. Appropriation of Interagency Contracts. All funds
transferred to the Legislative Reference Library pursuant to
interagency contracts for services provided by the Legislative
Reference Library are appropriated to the Legislative Reference
Library during the fiscal year in which they are received and shall
be used as provided by Government Code, Chapter 324.
5. Appropriation of Appropriated Receipts. All funds
reimbursed to the Legislative Reference Library by governmental
entities for the provision of services are appropriated to the
Legislative Reference Library during the fiscal year in which they
are received and shall be used as provided by Government Code,
Chapter 324.
(b) Rider 2 (page X-8), Section 1, Article X, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), to the bill pattern of the
appropriations to the Legislative Reference Library is amended to
read as follows:
2. Unexpended Balances. Any unobligated and unexpended
balances remaining as of August 31, 2021, from appropriations made
to the Legislative Reference Library from the General Revenue Fund
are appropriated for the same purposes for the biennium beginning
September 1, 2021.
Any unobligated and unexpended balances remaining as of
August 31, 2022, from appropriations made to the Legislative
Reference Library from the General Revenue Fund are appropriated
for the same purposes for the fiscal year beginning September 1,
2022.
SECTION 9. TEXAS EDUCATION AGENCY: SCHOOL DISTRICT AD
VALOREM TAX RELIEF. Notwithstanding Rider 3, page III-5, Chapter
1053 (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021
(the General Appropriations Act), and contingent on S.B. 8 or
similar legislation by the 87th Legislature, 2nd Called Session,
2021, relating to the authority of a person who acquires a residence
homestead to receive an ad valorem tax exemption for the homestead
in the year in which the property is acquired, being enacted and
becoming law, the amount of $50,000,000 is appropriated from the
general revenue fund to the Texas Education Agency for each state
fiscal year of the state fiscal biennium beginning September 1,
2021, for the purpose of implementing the provisions of the
legislation.
SECTION 10. TEXAS EDUCATION AGENCY: CERTAIN PUBLIC SCHOOL
CURRICULUM. Contingent on S.B. 3 or similar legislation by the 87th
Legislature, 2nd Called Session, 2021, relating to certain
curriculum in public schools, including certain instructional
requirements and prohibitions, being enacted and becoming law, the
amount of $14,625,000 is appropriated from the general revenue fund
to the Texas Education Agency for the state fiscal biennium
beginning September 1, 2021, for the purpose of implementing the
provisions of the legislation.
SECTION 11. DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
FOSTER CARE CAPACITY IMPROVEMENT. Section 1, Article II, Chapter
1053 (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021
(the General Appropriations Act), is amended by adding the
following rider at the end of the riders to the bill pattern of the
appropriations made to the Department of Family and Protective
Services in that section (page II-19):
52. Foster Care Capacity Improvement. (a) In addition to
the amounts appropriated above, the amount of $35,000,000 is
appropriated from the general revenue fund to the Department of
Family and Protective Services for each fiscal year of the state
fiscal biennium beginning September 1, 2021, for the purpose of
providing supplemental payments to retain providers and increase
provider capacity.
(b) In addition to amounts appropriated above, the amount of
$20,000,000 is appropriated from the general revenue fund to the
Department of Family and Protective Services for the state fiscal
year beginning September 1, 2021, for the purpose of providing
targeted foster care capacity grants across this state to address
the existing foster care capacity shortage. The grants should
focus on:
(1) serving children with the highest level of need;
(2) expanding certain types of placements and bringing
new providers and capacity online; and
(3) promoting long-term viability of child
placements.
(c) All unexpended balances of the amount appropriated by
Subsection (b) of this rider for the state fiscal year beginning
September 1, 2021, are appropriated for the same purposes for the
state fiscal year beginning September 1, 2022.
(d) The money appropriated by Subsection (a) of this rider
must be spent in coordination with appropriations provided in Rider
51, Community-based Care (CBC) Capacity, and, beginning with the
state fiscal year that begins September 1, 2022, must be spent in
compliance with rate methodology requirements outlined in Special
Provisions Relating to All Health and Human Services Agencies,
Section 26 of this article, Reimbursement Rates and Methodology;
Reporting Requirements: Legacy Foster Care, Community Based Care
Services, and Other Child Services.
(e) The Department of Family and Protective Services shall
prepare a report on the specific efforts that the department has
implemented with money appropriated by this rider and the effect of
those efforts on improving foster care capacity across the state.
Not later than September 1, 2022, the department shall submit the
report to the Legislative Budget Board, Senate Finance Committee,
House Appropriations Committee, and each standing committee of the
senate and house of representatives with primary jurisdiction over
health and human services.
SECTION 12. DEPARTMENT OF INFORMATION RESOURCES:
CYBERSECURITY. (a) The amount of $17,443,511 is appropriated from
the general revenue fund to the Department of Information Resources
for the purpose of providing cybersecurity enhancements for the
state during the state fiscal biennium beginning September 1, 2021,
to be allocated as follows:
(1) $6,534,350 for Endpoint Detection and Response;
(2) $6,909,161 for the Security Operations Center; and
(3) $4,000,000 for Multifactor Authentication
Expansion.
(b) During the state fiscal biennium beginning September 1,
2021, in addition to the number of full-time equivalent (FTE)
employees other law authorizes the department to employ during that
period, the Department of Information Resources may employ out of
money appropriated by Subsection (a) of this section:
(1) one full-time equivalent (FTE) employee for
Endpoint Detection and Response;
(2) seven full-time equivalent (FTE) employees for the
Security Operations Center; and
(3) one full-time equivalent (FTE) employee for
Multifactor Authentication Expansion.
SECTION 13. TEACHER RETIREMENT SYSTEM: ADDITIONAL PAYMENT.
Contingent on S.B. 7 or similar legislation by the 87th
Legislature, 2nd Called Session, 2021, relating to a one-time
supplemental payment of benefits under the Teacher Retirement
System of Texas, being enacted and becoming law, the amount of
$701,100,535 is appropriated from the general revenue fund to the
Teacher Retirement System for the state fiscal biennium beginning
September 1, 2021, for the purpose of implementing the provisions
of the legislation.
SECTION 14. OFFICE OF COURT ADMINISTRATION, TEXAS JUDICIAL
COUNCIL: BOND LEGISLATION. Section 1, Article IV, Chapter 1053
(S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the
General Appropriations Act), is amended by adding the following
rider at the end of the riders to the bill pattern of the
appropriations made to the Office of Court Administration, Texas
Judicial Council, in that section (page IV-28):
14. Contingent Appropriation for Bond Legislation.
Contingent on S.B. 6 or similar legislation by the 87th
Legislature, 2nd Called Session, 2021, relating to rules for
setting the amount of bail, to the release of certain defendants on
a monetary bond or personal bond, to related duties of certain
officers taking bail bonds and of a magistrate in a criminal case,
to charitable bail organizations, and to the reporting of
information pertaining to bail bonds, being enacted and becoming
law:
(1) in addition to amounts otherwise appropriated by
this Act to the Office of Court Administration, Texas Judicial
Council, the amount of $1,427,218 is appropriated for the state
fiscal year beginning September 1, 2021, and the amount of $885,798
is appropriated for the state fiscal year beginning September 1,
2022, from the general revenue fund to the Office of Court
Administration, Texas Judicial Council, to implement the
provisions of the legislation;
(2) in addition to amounts otherwise appropriated by
this Act to the Office of Court Administration, Texas Judicial
Council, the amount of $1,500,000 is appropriated for the state
fiscal year beginning September 1, 2021, and the amount of $462,500
is appropriated for the state fiscal year beginning September 1,
2022, from the General Revenue-Dedicated Statewide Electronic
Filing System Account No. 5157 to the Office of Court
Administration, Texas Judicial Council, to implement the
provisions of the legislation;
(3) during the state fiscal biennium beginning
September 1, 2021, the Office of Court Administration, Texas
Judicial Council, may, using money appropriated by this rider,
employ six full-time equivalent (FTE) employees to implement the
provisions of the legislation; and
(4) the capital budget authority for the Office of
Court Administration, Texas Judicial Council, is increased by
$1,500,000 from the General Revenue-Dedicated Statewide Electronic
Filing System Account No. 5157 for the state fiscal year beginning
September 1, 2021, for capital budget items related to the
implementation of the legislation.
SECTION 15. REIMBURSEMENT FOR AUDITABLE VOTING MACHINES.
The amount of $4,300,000 is appropriated from the general revenue
fund to the Secretary of State for the state fiscal year beginning
September 1, 2021, for the purpose of reimbursements for the
retrofitting of certain auditable voting systems, the replacement
of certain systems that cannot be upgraded, and the development of
secure tracking systems for mail ballots in accordance with H.B. 3
or similar legislation of the 87th Legislature, 2nd Called Session,
2021. Unexpended balances remaining for the purposes described by
this section for the state fiscal year beginning September 1, 2021,
are appropriated for the same purposes for the state fiscal year
beginning September 1, 2022.
SECTION 16. BUDGET EXECUTION ORDER SUPERSEDED. As
authorized by Section 317.011, Government Code, this Act supersedes
any budget execution order issued under Chapter 317, Government
Code, during August 2021 and any authorization for a transfer of an
appropriation or of money under such an order is void on the
effective date of this Act.
SECTION 17. EFFECTIVE DATE. This Act takes effect
immediately.