H.B. No. 5
 
 
 
 
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.  TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
  GOVERNOR: TEXAS ANTI-GANG CENTER.  The amount of $180,000,000 is
  appropriated from the general revenue fund to the Trusteed Programs
  within the Office of the Governor for the state fiscal year
  beginning September 1, 2021, for the purpose of supporting the work
  of Texas Anti-Gang Center programs in municipalities with a
  population of more than 500,000 according to the most recent
  federal decennial census.  Unexpended balances remaining for the
  purpose 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 17.  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 18.  EFFECTIVE DATE. This Act takes effect
  immediately.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 5 was passed by the House on September
  2, 2021, by the following vote:  Yeas 125, Nays 0, 1 present, not
  voting; passed subject to the provisions of Article III, Section
  49a, of the Constitution of the State of Texas.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 5 was passed by the Senate on
  September 2, 2021, by the following vote:  Yeas 31, Nays 0; passed
  subject to the provisions of Article III, Section 49a, of the
  Constitution of the State of Texas.
 
  ______________________________
  Secretary of the Senate   
         I certify that the amounts appropriated in the herein H.B.
  No. 5, 2nd Called Session of the 87th Legislature, are within
  amounts estimated to be available in the affected fund.
  Certified_____________________
  ______________________________
  Comptroller of Public Accounts 
  APPROVED: __________________
                  Date       
   
           __________________
                Governor