Bill Text: TX SB2 | 2011 | 82nd Legislature 1st Special | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Appropriating money for the support of state government for the period beginning September 1, 2011, and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-07-19 - Effective immediately [SB2 Detail]
Download: Texas-2011-SB2-Introduced.html
Bill Title: Appropriating money for the support of state government for the period beginning September 1, 2011, and ending August 31, 2013; and authorizing and prescribing conditions, limitations, rules, and procedures for allocating and expending the appropriated funds.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2011-07-19 - Effective immediately [SB2 Detail]
Download: Texas-2011-SB2-Introduced.html
By: Ogden | S.B. No. 2 | |
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appropriating money for the support of state government for the | |||||
period beginning September 1, 2011 and ending August 31, 2013; and | |||||
authorizing and prescribing conditions, limitations, rules, and | |||||
procedures for allocating and expending the appropriated funds; and | |||||
declaring an emergency. | |||||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |||||
SECTION 1. The several sums of money herein specified, or so | |||||
much thereby as may be necessary, are appropriated out of any funds | |||||
in the State Treasury not otherwise appropriated, or out of special | |||||
funds as indicated, for the support, maintenance, or improvement of | |||||
the designated agencies. | |||||
SECTION 2. Contingency for Senate Bill ____. Contingent on | |||||
enactment of Senate Bill ____, or similar legislation relating to | |||||
state contributions to the Law Enforcement and Custodial Officer | |||||
Supplemental Retirement, in addition to amounts appropriated in | |||||
House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 in | |||||
Strategy A.1.2, Law Enforcement and Custodial Officer Supplemental | |||||
Retirement Fund, the Employees Retirement System is hereby | |||||
appropriated the following amounts in fiscal year 2013 for a state | |||||
contribution of 0.5 percent to the Law Enforcement and Custodial | |||||
Officer Supplemental Retirement Program in fiscal year | |||||
2013: | |||||
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SECTION 3. Tobacco User Monthly Premium Fee. Contingent | |||||
upon enactment of Senate Bill ___or similar legislation relating to | |||||
the creation of a tobacco user monthly premium fee, by the | |||||
Eighty-Second Legislature, 2011 the Employees Retirement System | |||||
shall apply a $30 monthly tobacco user fee to any tobacco user | |||||
covered under the state health plan. Also contingent upon the | |||||
enactment of this legislation, the Comptroller of Public Accounts | |||||
shall deposit revenue from the fee (estimated to be $16,720,343 in | |||||
fiscal year 2012 and $25,080,514 in fiscal year 2013) into the | |||||
Employees Life, Accident, Health Insurance and Benefits Trust | |||||
Account | |||||
SECTION 4. Contingency for Senate Bill___: Debt Service on | |||||
Cancer Prevention and Research Bonds. The appropriations made in | |||||
House Bill 1, Acts of the 82nd Legislature, Regular Session, 2011 to | |||||
the Texas Public Finance Authority for General Obligation Bond Debt | |||||
Service are subject to the following provision. Appropriations out | |||||
of the Permanent Fund for Health & Tobacco Education & Enforcement | |||||
Account No. 5044; Permanent Fund for Children & Public Health | |||||
Account No. 5045; and Permanent Fund for EMS & Trauma Care Account | |||||
No. 5046, are contingent on the enactment of Senate Bill___, or | |||||
similar legislation related to the use of certain Tobacco | |||||
Settlement Funds for debt service on Cancer Prevention and Research | |||||
Institute debt, by the Eighty-second Legislature, 2011. The | |||||
Legislative Budget Board shall adjust the informational listing of | |||||
bond debt service pursuant to this provision. | |||||
SECTION 5. Appropriations to the Foundation School Program. | |||||
(a) Texas Education Agency, Article III, House Bill 1, Acts | |||||
of the 82nd Legislature, Regular Session, 2011 (the General | |||||
Appropriations Act), is amended by adding the following | |||||
appropriations and riders, and to the extent necessary, by giving | |||||
all riders under the bill pattern of the agency full force and | |||||
effect: | |||||
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(b) Foundation School Program Funding. Out of the funds | |||||
appropriated above, a total of $19,287,500,000 in fiscal year 2012 | |||||
and $19,297,400,000 in fiscal year 2013 shall represent the | |||||
sum-certain appropriation to the Foundation School Program. The | |||||
total appropriation may not exceed the sum-certain amount. This | |||||
appropriation includes allocations under Chapters 41, 42 and 46 of | |||||
the Texas Education Code. | |||||
Formula Funding: The Commissioner shall make allocations to local | |||||
school districts under Chapters 41, 42 and 46 based on the March | |||||
2011 estimates of average daily attendance and local district tax | |||||
rates as determined by the Legislative Budget Board and the final | |||||
tax year 2010 property values. | |||||
For purposes of distributing the Foundation School Program basic | |||||
tier state aid appropriated above and in accordance with §42.101 of | |||||
the Texas Education Code, the Basic Allotment is projected to be | |||||
$4,765 in fiscal year 2012 and $4,765 in fiscal year 2013. | |||||
For purposes of distributing the Foundation School Program | |||||
enrichment tier state aid appropriated above and in accordance with § | |||||
41.002(a)(2) and §42.302(a-1)(1) of the Texas Education Code, the | |||||
Guaranteed Yield is $59.97 in fiscal year 2012 and $59.97 in fiscal | |||||
year 2013. | |||||
Out of amounts appropriated above and allocated by this rider to the | |||||
Foundation School Program, no funds are appropriated for the New | |||||
Instructional Facilities Allotment under §42.158 of the Texas | |||||
Education Code. | |||||
Notwithstanding any other provision of this Act, the Texas | |||||
Education Agency may make transfers as appropriate between Strategy | |||||
A.1.1, FSP-Equalized Operations, and Strategy A.1.2, FSP Equalized | |||||
Facilities. The TEA shall notify the Legislative Budget Board and | |||||
the Governor of any such transfers at least 45 days prior to the | |||||
transfer. | |||||
The Texas Education Agency shall submit reports on the prior | |||||
month's expenditures on programs described by this rider no later | |||||
than the 20th day of each month to the Legislative Budget Board and | |||||
the Governor's Office in a format determined by the Legislative | |||||
Budget Board in cooperation with the agency. | |||||
(c) Foundation School Program Adjustments. Appropriations | |||||
from the Foundation School Fund No. 193 identified in subsection | |||||
(a) above are hereby reduced by $438,900,000 in fiscal year 2012 and | |||||
$361,100,000 in fiscal year 2013. These adjustments reflect a | |||||
lower estimate of the state cost of the Foundation School Program in | |||||
the 2012-13 biennium due to updated pupil projections and | |||||
projections of district property values. | |||||
Property values, and the estimates of local tax collections on | |||||
which they are based, shall be decreased by 0.97 percent for tax | |||||
year 2011, then increased by 0.52 percent for tax year 2012. | |||||
The sum-certain appropriation for the Foundation School Program as | |||||
identified in subsection (b) above shall be decreased | |||||
commensurately to reflect these adjustments. | |||||
(d) Contingency for Senate Bill__: Foundation School | |||||
Program Deferral. Contingent on enactment of SB __ or similar | |||||
legislation providing the legal basis for deferring the August 2013 | |||||
Foundation School Program payment to school districts, | |||||
appropriations made in subsection (a) above from the Foundation | |||||
School Fund 193 to the Texas Education Agency for the Foundation | |||||
School Program are hereby reduced by $2,300,000,000 in fiscal year | |||||
2013. It is the intent of the legislature that this payment be made | |||||
in September 2013 pursuant to the provisions of the bill. The | |||||
sum-certain appropriation for the Foundation School Program as | |||||
identified subsection (b) above shall be decreased commensurately. | |||||
(e) Contingency for HJR 109. Appropriations from the | |||||
Foundation School Fund (Fund 193) made in subsection (a) above, | |||||
Texas Education Agency Strategy A.1.1, FSP - Operations, for the | |||||
Foundation School Program, are hereby reduced by 150,000,000 in | |||||
each fiscal year of the 2012-13 biennium. The Texas Education | |||||
Agency is hereby appropriated from the Available School Fund | |||||
(General Revenue) to the Foundation School Program in Strategy | |||||
A.1.1, FSP - Operations an amount estimated to be $150,000,000 in | |||||
each fiscal year of the 2012-13 biennium, pursuant to all of the | |||||
following: | |||||
a. passage and enactment of HJR 109, SJR 5 or similar | |||||
legislation relating to proposing a constitutional amendment to | |||||
clarify references to the Permanent School Fund and to allow the | |||||
General Land Office or other entity to distribute revenue derived | |||||
from Permanent School Fund land or other properties to the | |||||
Available School Fund; | |||||
b. voter approval of the associated constitutional | |||||
amendment; and | |||||
c. the distribution of funds from the General Land | |||||
Office to the Available School Fund pursuant to the provisions of | |||||
the legislation. | |||||
(f) Contingency for Senate Bill ___: Funding Contingency. | |||||
The All Funds appropriations made for the Foundation School Program | |||||
(FSP), Texas Education Agency Strategies A.1.1 and A.1.2, in | |||||
subsection (a) above, and as adjusted by other subsections in this | |||||
section, are contingent on enactment of SB ___ or similar | |||||
legislation by the Eighty-second Legislature, 2011, relating to | |||||
certain state fiscal matters and that amends Chapter 42 of the Texas | |||||
Education Code to adjust state aid payments to the level of FSP | |||||
appropriations made in subsection (a) above as adjusted for other | |||||
subsections in this section. Should this legislation fail to pass | |||||
and be enacted, the All Funds appropriations for the FSP made herein | |||||
are hereby reduced to zero for each year of the 2012-13 biennium, | |||||
including the sum-certain appropriation identified in subsection | |||||
(b) above. | |||||
(f) The Legislative Budget Board is directed to make all | |||||
necessary adjustments to the Texas Education Agency pursuant to the | |||||
provisions above, including adjustments to strategies, methods of | |||||
finance, measures and riders contained in House Bill 1, 82nd | |||||
Legislature, 2011. | |||||
SECTION 6. Contingency for Senate Bill__: Legislation | |||||
Relating to Certain Office of Court Administration License Fees. | |||||
Contingent upon the enactment of SB__ relating to license fees and | |||||
the allowable use of such fees for process servers, guardians, and | |||||
court reporters by the Eighty-second Legislature, the Office of | |||||
Court Administration is appropriated $119,603 in fiscal year 2012 | |||||
and $119,714 in fiscal year 2013 to implement the provisions of the | |||||
legislation. The number of "Full-Time-Equivalent Positions" | |||||
indicated in the agency's bill pattern is increased by 2.0 each | |||||
fiscal year. Fees, fines and other miscellaneous revenues as | |||||
authorized by the Process Servers Review Board, the Guardianship | |||||
Certification Board, and the Court Reporters Certification Board | |||||
shall cover, at a minimum, the cost of appropriations made in this | |||||
provision, as well as an amount sufficient to cover "Other Direct | |||||
and Indirect Costs Appropriated Elsewhere in this Act" (estimated | |||||
to be $27,783 in fiscal year 2012 and $29,175 in fiscal year 2013). | |||||
In the event that actual and/or projected revenues are insufficient | |||||
to offset the costs identified by this provision, the Legislative | |||||
Budget Board may direct that the Comptroller of Public Accounts to | |||||
reduce the appropriation authority provided above to be within the | |||||
amount of revenue expected to be available. | |||||
SECTION 7. Contingency for Senate Bill___: Office of Court | |||||
Administration Collection and Improvement Audits. Contingent on | |||||
enactment of Senate Bill___or similar legislation relating to state | |||||
fiscal matters and collection improvement audits, by the | |||||
Eighty-second Legislature, the Office of Court Administration is | |||||
appropriated $550,448 in fiscal year 2012 and $529,824 in fiscal | |||||
year 2013 from General Revenue Funds to implement the provisions of | |||||
the legislation. In addition, the "Number of Full-Time Equivalents | |||||
(FTE)" indicated in the Office of Court Administration's bill | |||||
pattern is increased by 8.0 FTEs in fiscal year 2012 and 8.0 FTEs in | |||||
fiscal year 2013. | |||||
SECTION 8. Contingency for Senate Bill___: Railroad | |||||
Commission. Contingent on enactment of SB __, or similar | |||||
legislation relating to the Railroad Commission by the | |||||
Eighty-second Legislature: | |||||
a. Oil and Gas Related Fees. In addition to amounts | |||||
appropriated in House Bill 1, Acts of the 82nd Legislature, Regular | |||||
Session, 2011 to the Railroad Commission, and contingent on SB ___ | |||||
or similar legislation creating an account to cover costs of the | |||||
agency's oil- and gas-related activities, by the Eighty-second | |||||
Legislature, appropriations out of the General Revenue Fund are | |||||
hereby reduced by $16,766,209 in fiscal year 2012 and by | |||||
$16,716,472 in fiscal year 2013, and, to replace these | |||||
appropriations, there is hereby appropriated $16,766,209 in fiscal | |||||
year 2012 and $16,716,472 in fiscal year 2013 out of the Oil and Gas | |||||
Regulation and Cleanup (OGRC) Fund created by the bill. | |||||
The following amounts of General Revenue funding would be | |||||
replaced with funding out of the OGRC Fund in the following | |||||
strategies: | |||||
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In addition, appropriations out of the Oil Field Cleanup | |||||
Account No. 145 are hereby reduced by $20,581,780 in fiscal year | |||||
2012 and by $20,581,779 in fiscal year 2013, and, to replace these | |||||
appropriations, there is hereby appropriated $20,581,780 in fiscal | |||||
year 2012 and $20,581,779 in fiscal year 2013 out of the OGRC Fund | |||||
created by the bill. The following amounts out of the General | |||||
Revenue-Dedicated Oil Field Cleanup Account No. 145 would be | |||||
replaced with funding out of the OGRC Fund in the following | |||||
strategies: | |||||
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(b) Expansion of Pipeline Safety Fee Use to Include Gas | |||||
Utility Regulation. Contingent upon enactment of SB ___, or | |||||
similar legislation allowing for the use of pipeline safety fees | |||||
for gas utility regulatory functions, by the Eighty-second | |||||
Legislature, the Railroad Commission is hereby appropriated in each | |||||
fiscal year of the 2012-13 biennium an amount not to exceed $233,000 | |||||
in Strategy C.2.1, Gas Utility Compliance. This appropriation is | |||||
contingent upon the Railroad Commission increasing Pipeline Safety | |||||
Fees and shall be limited to revenues deposited to the credit of | |||||
Revenue Object Code 3553 in excess of the Comptroller's Biennial | |||||
Revenue Estimate for 2012-13. | |||||
The Railroad Commission, upon completion of necessary | |||||
actions to assess or increase the Pipeline Safety Fee, shall | |||||
furnish copies of the minutes and other information supporting the | |||||
estimated revenues to be generated for the 2012-13 biennium under | |||||
the revised fee structure to the Comptroller of Public Accounts. If | |||||
the Comptroller finds the information sufficient to support the | |||||
projection of increased revenues in excess of those estimated in | |||||
the Biennial Revenue Estimate for 2012-13, a finding of fact to that | |||||
effect shall be issued and the contingent appropriation shall be | |||||
made available for the intended purpose. | |||||
SECTION 9. Contingency for Senate Bill__: Department of | |||||
State Health Services. Contingent upon the enactment of SB ___ or | |||||
similar legislation allowing for the increase of certain licensing | |||||
and public health service fees assessed by the Department of State | |||||
Health Services (DSHS), by the Eighty-second Legislature, any | |||||
additional revenues generated as a result of the fee increases | |||||
certified by the Comptroller to be in excess of Comptroller of | |||||
Public Accounts' January 2011 Biennial Revenue Estimate are | |||||
appropriated to DSHS for the 2012-13 biennium for use in Strategy | |||||
A.4.1, Laboratory Services, and Goal D, Consumer Protection | |||||
Services. | |||||
SECTION 10. Contingency for Senate Bill__: Voter | |||||
Registration. Contingent on enactment of SB ___, or similar | |||||
legislation relating to transferring voter registration payments | |||||
from the Fiscal Programs - Comptroller of Public Accounts to the | |||||
Secretary of State, by the Eighty-second Legislature, 2011, amounts | |||||
appropriated elsewhere in this Act to the Fiscal Programs | |||||
Comptroller of Public Accounts in Strategy A.1.1, Voter | |||||
Registration, shall be transferred to the Secretary of State. | |||||
SECTION 11. Contingency for Senate Bill __: Back to Work. | |||||
Contingent on enactment of Senate Bill ___or similar legislation by | |||||
the Eighty-second Legislature, relating to the transfer of General | |||||
Revenue-Dedicated Texas Enterprise Fund Account No. 5107 | |||||
appropriations to other state agencies, the Trusteed Programs | |||||
within the Office of the Governor shall transfer $20,000,000 from | |||||
the General Revenue-Dedicated Texas Enterprise Fund Account No. | |||||
5107 to the Texas Workforce Commission for the Texas Back to Work | |||||
Program. | |||||
If SB ___, or similar legislation by the Eighty-second Legislature, | |||||
2011, relating to the transfer of General Revenue-Dedicated Texas | |||||
Enterprise Fund Account No. 5107 appropriations to other state | |||||
agencies is not enacted, it is the intent of the Legislature that | |||||
the Trusteed Programs within the Office of the Governor award a | |||||
grant in the amount of $20,000,000 in the 2012-13 biennium out of | |||||
the General Revenue-Dedicated Texas Enterprise Fund Account No. | |||||
5107 to the Texas Workforce Commission for the Texas Back to Work | |||||
Program. | |||||
SECTION 12. SAVINGS CLAUSE. If any section, sentence, | |||||
clause or part of this Act shall for any reason be held to be | |||||
invalid, such decision shall not affect the remaining portions of | |||||
this Act; and it is hereby declared to be the intention of the | |||||
Legislature to have passed each sentence, section, clause, or part | |||||
thereof irrespective of the fact that any other sentence, section, | |||||
clause or part thereof may be declared invalid. | |||||
SECTION 13. EMERGENCY CLAUSE. The importance of the | |||||
legislation to the people of the State of Texas and the crowded | |||||
condition of the calendars in both Houses of the Legislature create | |||||
an emergency and an imperative public necessity that the | |||||
Constitutional Rule requiring bills to be read on three separate | |||||
days in each House be suspended, and said Rule is hereby suspended; | |||||
and this Act shall take effect and be in force from and after its | |||||
passage, and it is so enacted. |