Bill Text: TX SB1579 | 2011-2012 | 82nd Legislature | Engrossed


Bill Title: Relating to state fiscal matters related to general government.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2011-05-13 - Reported favorably as substituted [SB1579 Detail]

Download: Texas-2011-SB1579-Engrossed.html
 
 
  By: Ogden S.B. No. 1579
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to state fiscal matters related to general government.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1.  FISCAL MATTERS REGARDING LEASING CERTAIN STATE
  FACILITIES
         SECTION 1.01.  The heading to Section 2165.2035, Government
  Code, is amended to read as follows:
         Sec. 2165.2035.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; USE AFTER HOURS.
         SECTION 1.02.  Subchapter E, Chapter 2165, Government Code,
  is amended by adding Sections 2165.204, 2165.2045, and 2165.2046 to
  read as follows:
         Sec. 2165.204.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS INDIVIDUAL PARKING SPACES.  (a)  The commission
  may lease to a private individual an individual parking space in a
  state-owned parking lot or garage located in the city of Austin that
  the commission determines is not needed to accommodate the regular
  parking requirements of state employees who work near the lot or
  garage and visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         Sec. 2165.2045.  LEASE OF SPACE IN STATE-OWNED PARKING LOTS
  AND GARAGES; EXCESS BLOCKS OF PARKING SPACE.  (a)  The commission
  may lease to an institution of higher education or a local
  government all or a significant block of a state-owned parking lot
  or garage located in the city of Austin that the commission
  determines is not needed to accommodate the regular parking
  requirements of state employees who work near the lot or garage and
  visitors to nearby state government offices.
         (b)  Money received from a lease under this section shall be
  deposited to the credit of the general revenue fund.
         Sec. 2165.2046.  REPORTS ON PARKING PROGRAMS.  On or before
  October 1 of each even-numbered year, the commission shall submit a
  report to the Legislative Budget Board describing the effectiveness
  of parking programs developed by the commission under this
  subchapter.  The report must, at a minimum, include:
               (1)  the yearly revenue generated by the programs;
               (2)  the yearly administrative and enforcement costs of
  each program;
               (3)  yearly usage statistics for each program; and
               (4)  initiatives and suggestions by the commission to:
                     (A)  modify administration of the programs; and
                     (B)  increase revenue generated by the programs.
         SECTION 1.03.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 2.  FISCAL MATTERS RELATING TO SECRETARY OF STATE
         SECTION 2.01.  Section 405.014, Government Code, is amended
  to read as follows:
         Sec. 405.014.  ACTS OF THE LEGISLATURE. (a)  At each
  session of the legislature the secretary of state shall obtain the
  bills that have become law. Immediately after the closing of each
  session of the legislature, the secretary of state shall bind all
  enrolled bills and resolutions in volumes on which the date of the
  session is placed.
         (b)  As soon as practicable after the closing of each session
  of the legislature, the secretary of state shall publish and
  maintain electronically the bills enacted at that session. The
  electronic publication must be:
               (1)  indexed by bill number and assigned chapter number
  for each bill; and
               (2)  made available by an electronic link on the
  secretary of state's generally accessible Internet website.
         SECTION 2.02.  Subchapter B, Chapter 2158, Government Code,
  is repealed.
         SECTION 2.03.  The change in law made by this article does
  not apply to a contract for the publication of the laws of this
  state entered into before the effective date of this article.
         SECTION 2.04.  This article takes effect immediately if
  this Act 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 article takes effect September 1,
  2011.
  ARTICLE 3.  FISCAL MATTERS REGARDING ATTORNEY GENERAL
         SECTION 3.01.  Section 402.006, Government Code, is amended
  by adding Subsection (e) to read as follows:
         (e)  The attorney general may charge a reasonable fee for the
  electronic filing of a document.
         SECTION 3.02.  The heading to Section 402.0212, Government
  Code, is amended to read as follows:
         Sec. 402.0212.  PROVISION OF LEGAL SERVICES--OUTSIDE
  COUNSEL; FEES.
         SECTION 3.03.  Section 402.0212, Government Code, is amended
  by amending Subsections (b) and (c) and adding Subsections (d),
  (e), and (f) to read as follows:
         (b)  An invoice submitted to a state agency under a contract
  for legal services as described by Subsection (a) must be reviewed
  by the attorney general to determine whether the invoice is
  eligible for payment.
         (c)  An attorney or law firm must pay an administrative fee
  to the attorney general for the review described in Subsection (b)
  when entering into a contract to provide legal services to a state
  agency.
         (d)  For purposes of this section, the functions of a hearing
  examiner, administrative law judge, or other quasi-judicial
  officer are not considered legal services.
         (e) [(c)]  This section shall not apply to the Texas Turnpike
  Authority division of the Texas Department of Transportation.
         (f)  The attorney general may adopt rules as necessary to
  implement and administer this section.
         SECTION 3.04.  Section 371.051, Transportation Code, is
  amended to read as follows:
         Sec. 371.051.  ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.
  (a)  A toll project entity may not enter into a comprehensive
  development agreement unless the attorney general reviews the
  proposed agreement and determines that it is legally sufficient.
         (b)  A toll project entity shall pay a nonrefundable
  examination fee to the attorney general on submitting a proposed
  comprehensive development agreement for review.  At the time the
  examination fee is paid, the toll project entity shall also submit
  for review a complete transcript of proceedings related to the
  comprehensive development agreement.
         (c)  If the toll project entity submits multiple proposed
  comprehensive development agreements relating to the same toll
  project for review, the entity shall pay the examination fee under
  Subsection (b) for each proposed comprehensive development
  agreement.
         (d)  The attorney general shall provide a legal sufficiency
  determination not later than the 60th business day after the date
  the examination fee and transcript of the proceedings required
  under Subsection (b) are received. If the attorney general cannot
  provide a legal sufficiency determination within the
  60-business-day period, the attorney general shall notify the toll
  project entity in writing of the reason for the delay and may extend
  the review period for not more than 30 business days.
         (e)  After the attorney general issues a legal sufficiency
  determination, a toll project entity may supplement the transcript
  of proceedings or amend the comprehensive development agreement to
  facilitate a redetermination by the attorney general of the prior
  legal sufficiency determination issued under this section.
         (f)  The toll project entity may collect or seek
  reimbursement of the examination fee under Subsection (b) from the
  private participant.
         (g)  The attorney general by rule shall set the examination
  fee required under Subsection (b) in a reasonable amount and may
  adopt other rules as necessary to implement this section.  The fee
  may not be set in an amount that is determined by a percentage of the
  cost of the toll project.  The amount of the fee may not exceed
  reasonable attorney's fees charged for similar legal services in
  the private sector.
         SECTION 3.05.  The fee prescribed by Section 402.006,
  Government Code, as amended by this article, applies only to a
  document electronically submitted to the office of the attorney
  general on or after the effective date of this article.
         SECTION 3.06.  The fee prescribed by Section 402.0212,
  Government Code, as amended by this article, applies only to
  invoices for legal services submitted to the office of the attorney
  general for review on or after the effective date of this article.
         SECTION 3.07.  The fee prescribed by Section 371.051,
  Transportation Code, as amended by this article, applies only to a
  comprehensive development agreement submitted to the office of the
  attorney general on or after the effective date of this article.
         SECTION 3.08.  The changes in law made by this article apply
  only to a contract for legal services between a state agency and a
  private attorney or law firm entered into on or after the effective
  date of this article. A contract for legal services between a state
  agency and a private attorney or law firm entered into before the
  effective date of this article is governed by the law in effect at
  the time the contract was entered into, and the former law is
  continued in effect for that purpose.
         SECTION 3.09.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 4.  TEXAS PRESERVATION TRUST FUND ACCOUNT
         SECTION 4.01.  Subsections (a), (b), and (f), Section
  442.015, Government Code, are amended to read as follows:
         (a)  Notwithstanding Section [Sections 403.094 and] 403.095,
  the Texas preservation trust fund account is a separate account in
  the general revenue fund.  The account consists of transfers made to
  the account, loan repayments, grants and donations made for the
  purposes of this program, proceeds of sales, income earned
  [earnings] on money in the account, and any other money received
  under this section.  Money in [Distributions from] the account may
  be used only for the purposes of this section and [may not be used]
  to pay operating expenses of the commission.  Money allocated to the
  commission's historic preservation grant program shall be
  deposited to the credit of the account.  Income earned [Earnings] on
  money in the account shall be deposited to the credit of the
  account.
         (b)  The commission may use money in [distributions from] the
  Texas preservation trust fund account to provide financial
  assistance to public or private entities for the acquisition,
  survey, restoration, or preservation, or for planning and
  educational activities leading to the preservation, of historic
  property in the state that is listed in the National Register of
  Historic Places or designated as a State Archeological Landmark or
  Recorded Texas Historic Landmark, or that the commission determines
  is eligible for such listing or designation.  The financial
  assistance may be in the amount and form and according to the terms
  that the commission by rule determines.  The commission shall give
  priority to property the commission determines to be endangered by
  demolition, neglect, underuse, looting, vandalism, or other threat
  to the property.  Gifts and grants deposited to the credit of the
  account specifically for any eligible projects may be used only for
  the type of projects specified.  If such a specification is not
  made, the gift or grant shall be unencumbered and accrue to the
  benefit of the Texas preservation trust fund account.  If such a
  specification is made, the entire amount of the gift or grant may be
  used during any period for the project or type of project specified.
         (f)  The advisory board shall recommend to the commission
  rules for administering this section [Subsections (a)-(e)].
         SECTION 4.02.  Subsections (h), (i), (j), (k), and (l),
  Section 442.015, Government Code, are repealed.
         SECTION 4.03.  The comptroller of public accounts and the
  Texas Historical Commission shall enter into a memorandum of
  understanding to facilitate the conversion of assets of the Texas
  preservation trust fund account into cash for deposit into the
  state treasury using a method that provides for the lowest amount of
  revenue loss to the state.
         SECTION 4.04.  This article takes effect November 1, 2011.
  ARTICLE 5.  FISCAL MATTERS CONCERNING INFORMATION TECHNOLOGY
         SECTION 5.01.  Section 2054.380, Government Code, is amended
  to read as follows:
         Sec. 2054.380.  FEES.  (a)  The department shall set and
  charge a fee to each state agency that receives a service from a
  statewide technology center in an amount sufficient to cover the
  direct and indirect cost of providing the service.
         (b)  Revenue derived from the collection of fees imposed
  under Subsection (a) may be appropriated to the department for:
               (1)  developing statewide information resources
  technology policies and planning under this chapter and Chapter
  2059; and
               (2)  providing shared information resources technology
  services under this chapter.
         SECTION 5.02.  Subsection (d), Section 2157.068, Government
  Code, is amended to read as follows:
         (d)  The department may charge a reasonable administrative
  fee to a state agency, political subdivision of this state, or
  governmental entity of another state that purchases commodity items
  through the department in an amount that is sufficient to recover
  costs associated with the administration of this section.  Revenue
  derived from the collection of fees imposed under this subsection
  may be appropriated to the department for:
               (1)  developing statewide information resources
  technology policies and planning under Chapters 2054 and 2059; and
               (2)  providing shared information resources technology
  services under Chapter 2054.
         SECTION 5.03.  Subsections (a) and (d), Section 2170.057,
  Government Code, are amended to read as follows:
         (a)  The department shall develop a system of billings and
  charges for services provided in operating and administering the
  consolidated telecommunications system that allocates the total
  state cost to each entity served by the system based on
  proportionate usage.  The department shall set and charge a fee to
  each entity that receives services provided under this chapter in
  an amount sufficient to cover the direct and indirect costs of
  providing the service.  Revenue derived from the collection of fees
  imposed under this subsection may be appropriated to the department
  for:
               (1)  developing statewide information resources
  technology policies and planning under Chapters 2054 and 2059; and
               (2)  providing:
                     (A)  shared information resources technology
  services under Chapter 2054; and
                     (B)  network security services under Chapter
  2059.
         (d)  The department shall maintain in the revolving fund
  account sufficient amounts to pay the bills of the consolidated
  telecommunications system and the centralized capitol complex
  telephone system. The department shall certify amounts that exceed
  this amount to the comptroller, and the comptroller shall transfer
  the excess amounts to the credit of the general revenue fund.  The
  amounts transferred under this subsection may be appropriated to
  the department for the purposes described by Subsections (a)(1) and
  (2) [statewide network applications account established by Section
  2054.011].
         SECTION 5.04.  This article takes effect immediately if this
  Act 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 article takes effect September 1, 2011.
  ARTICLE 6.  HANDLING FEES IMPOSED BY COMPTROLLER FOR PROCESSING
  UNCLAIMED PROPERTY
         SECTION 6.01.  Section 74.509, Property Code, is amended to
  read as follows:
         Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED
  PROPERTY. (a)  The comptroller shall deduct from each approved
  claim a handling fee of 10 percent of the amount of the claim and
  retain the fee in the general revenue fund [A handling fee may be
  deducted from the amount of the claim payment] if the approved claim
  [payment] is at least $100.  A fee assessed under this subsection
  may not exceed a total amount of $1,000.
         (b)  Subject to legislative appropriation, the comptroller
  may use the retained handling fees to pay the costs to process
  unclaimed property claims.
  ARTICLE 7.  CONTINUING LEGAL EDUCATION REQUIREMENTS FOR ATTORNEY
  EMPLOYED BY ATTORNEY GENERAL
         SECTION 7.01.  Section 81.113, Government Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  The state bar shall credit an attorney licensed in
  this state with meeting the minimum continuing legal education
  requirements of the state bar for a reporting year if during the
  reporting year the attorney is employed full-time as an attorney by
  the office of the attorney general.  An attorney credited for
  continuing legal education under this subsection must meet the
  continuing legal education requirements of the state bar in legal
  ethics or professional responsibility.  This subsection expires
  January 1, 2014.
         SECTION 7.02.  Subchapter A, Chapter 402, Government Code,
  is amended by adding Section 402.010 to read as follows:
         Sec. 402.010.  CONTINUING LEGAL EDUCATION PROGRAMS.  The
  office of the attorney general shall recognize, prepare, or
  administer continuing legal education programs that meet
  continuing legal education requirements imposed under Section
  81.113(c) for the attorneys employed by the office.  This section
  expires January 1, 2014.
         SECTION 7.03.  Section 81.113, Government Code, as amended
  by this article, applies only to the requirements for a continuing
  legal education compliance year that ends on or after September 1,
  2011. The requirements for continuing legal education for a
  compliance year that ends before September 1, 2011, are covered by
  the law and rules in effect when the compliance year ended, and that
  law and those rules are continued in effect for that purpose.
  ARTICLE 8.  REGISTRATION FEE AND REGISTRATION RENEWAL FEE FOR
  LOBBYISTS
         SECTION 8.01.  Subsection (c), Section 305.005, Government
  Code, is amended to read as follows:
         (c)  The registration fee and registration renewal fee are:
               (1)  $150 [$100] for a registrant employed by an
  organization exempt from federal income tax under Section 501(c)(3)
  or 501(c)(4), Internal Revenue Code of 1986;
               (2)  $75 [$50] for any person required to register
  solely because the person is required to register under Section
  305.0041 [of this chapter]; or
               (3)  $750 [$500] for any other registrant.
  ARTICLE 9.  ASSESSMENT OF PREMIUM DIFFERENTIAL ON CERTAIN PUBLIC
  EMPLOYEES WHO USE TOBACCO
         SECTION 9.01.  Subchapter G, Chapter 1551, Insurance Code,
  is amended by adding Section 1551.3075 to read as follows:
         Sec. 1551.3075.  TOBACCO USER PREMIUM DIFFERENTIAL.
  (a)  The board of trustees shall assess each participant in a
  health benefit plan provided under the group benefits program who
  uses one or more tobacco products a tobacco user premium
  differential, to be paid in monthly installments. Except as
  provided by Subsection (b), the board of trustees shall determine
  the amount of the monthly installments of the premium differential.
         (b)  If the General Appropriations Act for a state fiscal
  biennium sets the amount of the monthly installments of the tobacco
  user premium differential for that biennium, the board of trustees
  shall assess the premium differential during that biennium in the
  amount prescribed by the General Appropriations Act.
         SECTION 9.02.  Section 1551.314, Insurance Code, is amended
  to read as follows:
         Sec. 1551.314.  CERTAIN STATE CONTRIBUTIONS PROHIBITED. A
  state contribution may not be:
               (1)  made for coverages under this chapter selected by
  an individual who receives a state contribution, other than as a
  spouse, dependent, or beneficiary, for coverages under a group
  benefits program provided by an institution of higher education, as
  defined by Section 61.003, Education Code; or
               (2)  made for or used to pay a tobacco user premium
  differential assessed under Section 1551.3075.
         SECTION 9.03.  The board of trustees of the Employees
  Retirement System of Texas shall implement the tobacco user premium
  differential required under Section 1551.3075, Insurance Code, as
  added by this article, not later than January 1, 2012.
  ARTICLE 10.  REGIONAL POISON CONTROL CENTER MANAGEMENT CONTROLS
  AND EFFICIENCY
         SECTION 10.01.  Section 777.001, Health and Safety Code, is
  amended by amending Subsections (a) and (c) and adding Subsection
  (d) to read as follows:
         (a)  The following medical facilities may be [Six regional
  centers for poison control are] designated by the Commission on
  State Emergency Communications as the regional poison control
  centers for the state [as follows]:
               (1)  The University of Texas Medical Branch at
  Galveston;
               (2)  the Dallas County Hospital District/North Texas
  Poison Center;
               (3)  The University of Texas Health Science Center at
  San Antonio;
               (4)  the University Medical Center of El Paso, El Paso
  County Hospital District;
               (5)  the Texas Tech University Health Sciences Center
  at Amarillo; and
               (6)  Scott and White Memorial Hospital, Temple, Texas.
         (c)  The Commission on State Emergency Communications may
  standardize the operations of and implement management controls to
  improve the efficiency of regional poison control centers [vote to
  designate a seventh regional or satellite poison control center in
  Harris County.   That poison control center is subject to all
  provisions of this chapter and other law relating to regional
  poison control centers].
         (d)  If the Commission on State Emergency Communications
  implements management controls under Subsection (c), the
  commission shall submit to the governor and the Legislative Budget
  Board a plan for implementing the controls not later than October
  31, 2011.  This subsection expires January 1, 2013.
         SECTION 10.02.  Subsection (b), Section 777.008, Health and
  Safety Code, is amended to read as follows:
         (b)  The committee is composed of:
               (1)  one public member appointed by the Commission on
  State Emergency Communications;
               (2)  one member [six members who represent the six
  regional poison control centers, one] appointed by the chief
  executive officer of each designated regional poison control center
  to represent that center;
               (3)  one member appointed by the commissioner of the
  Department of State Health Services; and
               (4)  one member who is a health care professional
  designated as the poison control program coordinator appointed by
  the Commission on State Emergency Communications.
  ARTICLE 11.  AUTHORIZED USES FOR CERTAIN DEDICATED PERMANENT FUNDS
  IN STATE TREASURY
         SECTION 11.01.  Section 403.105, Government Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsections (b-1), (c), (e), (f),
  and (h), money in the fund may not be appropriated for any purpose.
         (b-1)  Notwithstanding the limitations and requirements of
  Section 403.1068, the legislature may appropriate money in the
  fund, including the corpus and available earnings of the fund
  determined under Section 403.1068, to pay the principal of or
  interest on a bond issued for the purposes of Section 67, Article
  III, Texas Constitution. This subsection does not authorize the
  appropriation under this subsection of money subject to a
  limitation or requirement as described by Subsection (e) that is
  not consistent with the use of the money in accordance with this
  subsection.
         SECTION 11.02.  Section 403.1055, Government Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsections (b-1), (c), (e), (f),
  and (h), money in the fund may not be appropriated for any purpose.
         (b-1)  Notwithstanding the limitations and requirements of
  Section 403.1068, the legislature may appropriate money in the
  fund, including the corpus and available earnings of the fund
  determined under Section 403.1068, to pay the principal of or
  interest on a bond issued for the purposes of Section 67, Article
  III, Texas Constitution. This subsection does not authorize the
  appropriation under this subsection of money subject to a
  limitation or requirement as described by Subsection (e) that is
  not consistent with the use of the money in accordance with this
  subsection.
         SECTION 11.03.  Section 403.106, Government Code, is amended
  by amending Subsection (b) and adding Subsection (b-1) to read as
  follows:
         (b)  Except as provided by Subsections (b-1), (c), (e), (f),
  and (h), money in the fund may not be appropriated for any purpose.
         (b-1)  Notwithstanding the limitations and requirements of
  Section 403.1068, the legislature may appropriate money in the
  fund, including the corpus and available earnings of the fund
  determined under Section 403.1068, to pay the principal of or
  interest on a bond issued for the purposes of Section 67, Article
  III, Texas Constitution. This subsection does not authorize the
  appropriation under this subsection of money subject to a
  limitation or requirement as described by Subsection (e) that is
  not consistent with the use of the money in accordance with this
  subsection.
         SECTION 11.04.  This article takes effect immediately if
  this Act 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 article takes effect September 1, 2011.
  ARTICLE 12.  USE OF TEXAS ENTERPRISE FUND FOR TEXAS HOMELESS
  HOUSING AND SERVICES PROGRAM
         SECTION 12.01.  Section 481.078, Government Code, is amended
  by amending Subsection (c) and adding Subsections (d-1) and (d-2)
  to read as follows:
         (c)  Except as provided by Subsections [Subsection] (d) and
  (d-1), the fund may be used only for economic development,
  infrastructure development, community development, job training
  programs, and business incentives.
         (d-1)  The fund may be used for the Texas homeless housing
  and services program administered by the Texas Department of
  Housing and Community Affairs.  Subsections (e-1), (f), (g), (h),
  (i), and (j) and Section 481.080 do not apply to a grant awarded for
  a purpose specified by this subsection.
         (d-2)  The fund may be used for the Jobs and Education for
  Texans Fund established under Chapter 403.  Subsections (e-1), (f),
  (g), (h), (i), and (j) and Section 481.080 do not apply to a grant
  awarded for a purpose specified by this subsection.
         SECTION 12.02.  Section 481.079, Government Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  For grants awarded for a purpose specified by Section
  481.078(d-1), the report must include only the amount and purpose
  of each grant.
         SECTION 12.03.  This article takes effect immediately if
  this Act 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 article takes effect September 1, 2011.
  ARTICLE 13.  DEBT ISSUANCE AUTHORITY OF AND FUNDING FOR CANCER
  PREVENTION AND RESEARCH INSTITUTE OF TEXAS
         SECTION 13.01.  Subchapter C, Chapter 1232, Government Code,
  is amended by adding Section 1232.1221 to read as follows:
         Sec. 1232.1221.  COMMENCEMENT OF CERTAIN MULTIYEAR
  CANCER-RELATED PROJECTS.  (a)  Funds may be distributed to a grant
  recipient for a multiyear project for which an award is granted by
  the Cancer Prevention and Research Institute of Texas Oversight
  Committee as authorized by Section 102.257, Health and Safety Code,
  after the authority has certified that obligations in an amount
  sufficient to pay the money needed to fund the project have been
  authorized for issuance by the authority and approved by the Bond
  Review Board.
         (b)  After issuing the obligations, the board shall:
               (1)  pay the costs of the issuance and any related bond
  administrative costs of the authority;
               (2)  certify to the Cancer Prevention and Research
  Institute of Texas and to the comptroller that the proceeds from the
  issuance are available; and
               (3)  deposit the proceeds into the state treasury to be
  credited to the account of the Cancer Prevention and Research
  Institute of Texas.
         SECTION 13.02.  Subsections (b) and (c), Section 102.201,
  Health and Safety Code, are amended to read as follows:
         (b)  The cancer prevention and research fund consists of:
               (1)  patent, royalty, and license fees and other income
  received under a contract entered into as provided by Section
  102.255;
               (2)  appropriations of money to the fund by the
  legislature, except that the appropriated money may not include the
  proceeds from the issuance of bonds authorized by Section 67,
  Article III, Texas Constitution;
               (3)  gifts, grants, including grants from the federal
  government, and other donations received for the fund; and
               (4)  interest earned on the investment of money in the
  fund.
         (c)  The fund may be used only to pay for:
               (1)  grants for cancer research and for cancer research
  facilities in this state to realize therapies, protocols, and
  medical procedures for the cure or substantial mitigation of all
  types of cancer in humans;
               (2)  the purchase, subject to approval by the
  institute, of laboratory facilities by or on behalf of a state
  agency or grant recipient;
               (3)  grants to public or private persons to implement
  the Texas Cancer Plan;
               (4)  the operation of the institute; [and]
               (5)  grants for cancer prevention and control programs
  in this state to mitigate the incidence of all types of cancer in
  humans; and
               (6)  debt service on bonds issued as authorized by
  Section 67, Article III, Texas Constitution.
         SECTION 13.03.  Section 102.257, Health and Safety Code, is
  amended to read as follows:
         Sec. 102.257.  MULTIYEAR PROJECTS.  The oversight committee
  may grant funds for a multiyear project. The oversight committee
  must specify the total amount of [All the] money approved [needed]
  to fund the [a] multiyear project. The total amount specified is
  considered for purposes of Section 102.253 to have been [must be]
  awarded in the state fiscal year that the project is approved by the
  research and prevention programs committee. The institute shall
  distribute only the money that will be expended during that fiscal
  year. The institute may maintain the remaining money needed in each
  subsequent fiscal year [shall be maintained] in an escrow account
  to be distributed by the institute as the money is needed [in
  subsequent years of the project].
         SECTION 13.04.  The changes in law made by this article apply
  only to a grant of funds for a multiyear project by the Cancer
  Prevention and Research Institute of Texas Oversight Committee as
  authorized by Section 102.257, Health and Safety Code, as amended
  by this article, made on or after June 1, 2011. A grant of funds for
  a multiyear project made before that date is governed by the law in
  effect on the date the grant was made, and the former law is
  continued in effect for that purpose.
         SECTION 13.05.  This article takes effect immediately if
  this Act 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 article takes effect September 1, 2011.
  ARTICLE 14.  EFFECTIVE DATE
         SECTION 14.01.  Except as otherwise provided by this Act,
  this Act takes effect September 1, 2011.
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