By: Bonnen H.B. No. 2       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.  COMPTROLLER OF PUBLIC ACCOUNTS: UNEMPLOYMENT   COMPENSATION FUND. The amount of $7,245,419,946 is appropriated to   the comptroller of public accounts from money received by this   state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325 for use during the state fiscal   year beginning September 1, 2021, for the purpose of immediately   depositing that amount to the credit of the unemployment   compensation fund under Section 203.021, Labor Code, to pay back   outstanding advances received by this state under Section 1201,   Social Security Act (42 U.S.C. Section 1321), and to return the   unemployment compensation fund to the statutory floor computed   under Section 204.061, Labor Code, on October 1, 2021, as   reimbursement for payments made as a result of the coronavirus   disease pandemic.          SECTION 2.  DEPARTMENT OF STATE HEALTH SERVICES: COVID-19   SERVICES. (a) The amount of $3,000,000,000 is appropriated to the   Department of State Health Services from money received by this   state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325 for the following purposes related   to the coronavirus disease pandemic during the period beginning on   the effective date of this Act and ending December 31, 2021:                (1)  providing funding for state and local hospital   surge staffing;                (2)  purchasing therapeutic drugs; and                (3)  providing funding for the operation of regional   infusion centers.          (b)  It is the intent of the legislature that any   reimbursement received by the Department of State Health Services   from the Federal Emergency Management Agency related to   expenditures paid from money appropriated under Subsection (a) of   this section be deposited to the general revenue fund and not   expended until appropriated by the 88th Legislature.   Appropriations made under Subsection (a) of this section that   remain unobligated on January 1, 2022, lapse to the general revenue   fund.          SECTION 3.  COMPTROLLER OF PUBLIC ACCOUNTS: BROADBAND   INFRASTRUCTURE. (a) The amount of $500,475,163 is appropriated to   the comptroller of public accounts from money received by this   state from the Coronavirus Capital Projects Fund (42 U.S.C. Section   804) established under the American Rescue Plan Act of 2021   (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus   Relief Fund No. 325 for the purpose of providing funding for   broadband infrastructure in accordance with Section 490I.0108,   Government Code, and other applicable state or federal law during   the two-year period beginning on the effective date of this Act.          (b)  Out of money appropriated by Subsection (a) of this   section, $75,000,000 may be used only for the Texas broadband pole   replacement program.          SECTION 4.  OFFICE OF THE GOVERNOR: VICTIMS OF CRIME. The   amount of $160,000,000 is appropriated to the Office of the   Governor from money received by this state from the Coronavirus   State Fiscal Recovery Fund (42 U.S.C. Section 802) established   under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and   deposited to the credit of the Coronavirus Relief Fund No. 325 for   the purpose of providing funding for grants for victims of crime   during the two-year period beginning on the effective date of this   Act.          SECTION 5.  PUBLIC SAFETY AGENCY SALARY COMPENSATION. (a)   From money received by this state from the Coronavirus State Fiscal   Recovery Fund (42 U.S.C. Section 802) established under the   American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited   to the credit of the Coronavirus Relief Fund No. 325, the following   agencies are appropriated the following amounts for the purpose of   providing compensation for agency employees for the state fiscal   biennium beginning September 1, 2021:                (1)  Department of Criminal Justice: $2,729,912,000;   and                (2)  Department of Public Safety: $582,369,271.          (b)  The agencies listed in Subsection (a) of this section   shall:                (1)  in consultation with the comptroller of public   accounts and the Legislative Budget Board, determine the proper   allocation of benefits included in the appropriations made under   Subsection (a) of this section; and                (2)  identify the strategies and objectives for which   the appropriations made under Subsection (a) of this section are   directed.          (c)  It is the intent of the legislature that the agencies   receiving appropriations under Subsection (a) of this section   consider the appropriations as a change in the method of finance of   the compensation to be paid to agency employees and not as an   increase in total appropriations to the agencies.          SECTION 6.  TEACHER RETIREMENT SYSTEM: TRS-CARE AND   TRS-ACTIVECARE. (a) The amount of $286,337,761 is appropriated to   the Teacher Retirement System from money received by this state   from the Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section   802) established under the American Rescue Plan Act of 2021   (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus   Relief Fund No. 325 for the purpose of providing funding for   coronavirus-related claims in TRS-Care and TRS-ActiveCare incurred   before September 1, 2021, during the two-year period beginning on   the effective date of this Act.          (b)  It is the intent of the legislature that premiums for   TRS-Care and TRS-ActiveCare insurance policies not increase as a   result of coronavirus-related claims incurred before September 1,   2021.          SECTION 7.  DEPARTMENT OF AGRICULTURE: FOOD BANKS. The   amount of $100,000,000 is appropriated to the Department of   Agriculture from money received by this state from the Coronavirus   State Fiscal Recovery Fund (42 U.S.C. Section 802) established   under the American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and   deposited to the credit of the Coronavirus Relief Fund No. 325 for   the purpose of providing supplemental funding to food banks in   response to the coronavirus pandemic during the two-year period   beginning on the effective date of this Act.          SECTION 8.  HIGHER EDUCATION COORDINATING BOARD: TEXAS CHILD   MENTAL HEALTH CARE CONSORTIUM. (a) The amount of $113,082,887 is   appropriated to the Higher Education Coordinating Board from money   received by this state from the Coronavirus State Fiscal Recovery   Fund (42 U.S.C. Section 802) established under the American Rescue   Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of   the Coronavirus Relief Fund No. 325 for the purpose of supporting   the operations and expansion of the Texas Child Mental Health Care   Consortium to expand mental health initiatives for children during   the two-year period beginning on the effective date of this Act. At   the direction of the Texas Child Mental Health Care Consortium, the   Higher Education Coordinating Board shall transfer appropriations   through interagency contracts with health-related institutions of   higher education for the following purposes:                (1)  $20,578,442 for enhancements and expansion of the   Child Psychiatry Access Network;                (2)  $56,218,976 for enhancements and expansion of the   Texas Child Access Through Telemedicine program;                (3)  $32,991,791 for expansion of the child and   adolescent mental health workforce; and                (4)  $3,293,676 for administrative expenses.          (b)  Not later than December 1, 2021, out of money   appropriated by Subsection (a) of this section, the Higher   Education Coordinating Board shall transfer $3,293,676 to an   institution of higher education designated by the Texas Child   Mental Health Care Consortium for oversight and evaluation of the   outlined initiatives by means of interagency agreements or any   other necessary contracts.          (c)  The Texas Child Mental Health Care Consortium may   transfer up to 10 percent of money appropriated for the purposes   described by Subsection (a)(1), (2), or (3) of this section to any   of the other purposes described by those provisions. The Texas   Child Mental Health Care Consortium may transfer more than 10   percent of funds for those purposes only with the prior approval for   the transfer and expenditure from the Legislative Budget Board. A   request for approval of the transfer and expenditure by the   consortium is considered approved unless the Legislative Budget   Board issues a written disapproval within 10 business days of the   receipt and review of the request by the Legislative Budget Board.          SECTION 9.  TEXAS DIVISION OF EMERGENCY MANAGEMENT: STATE   OPERATIONS CENTER. The amount of $300,000,000 is appropriated to   the Texas Division of Emergency Management from money received by   this state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325 for the purpose of the acquisition   of land for, and construction of, a state operations center during   the two-year period beginning on the effective date of this Act.          SECTION 10.  DEPARTMENT OF INFORMATION RESOURCES:   CYBERSECURITY PROJECTS. The amount of $200,000,000 is appropriated   to the Department of Information Resources for deposit into the   Technology Improvement and Modernization Fund No. 187 and for use   during the two-year period beginning on the effective date of this   Act for the purpose of cybersecurity projects from money received   by this state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325.          SECTION 11.  HIGHER EDUCATION COORDINATING BOARD:   UNIVERSITY CONSTRUCTION. Contingent on H.B. __ or similar   legislation by the 87th Legislature, 3rd Called Session, 2021,   relating to the issuance of tuition revenue bonds, becoming law,   the amount of $500,000,000 is appropriated to the Higher Education   Coordinating Board from money received by this state from the   Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)   established under the American Rescue Plan Act of 2021   (Pub. L. No. 117-2) and deposited to the credit of the Coronavirus   Relief Fund No. 325 for the purpose of university construction   during the two-year period beginning on the effective date of this   Act.          SECTION 12.  HEALTH AND HUMAN SERVICES COMMISSION: DALLAS   STATE HOSPITAL. The amount of $237,800,000 is appropriated to the   Health and Human Services Commission from money received by this   state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325 for the purpose of completing   construction of a state hospital in Dallas during the two-year   period beginning on the effective date of this Act.          SECTION 13.  TEXAS UNIVERSITY FUND. Contingent on   H.J.R. 13, or similar legislation by the 87th Legislature, 3rd   Called Session, 2021, relating to establishing the Texas University   Fund to provide funding for research activities conducted by public   institutions of higher education in this state being approved by   the voters, the amount of $2 billion is appropriated from the   economic stabilization fund to the Texas University Fund for use   consistent with H.J.R. 13 during the two-year period beginning on   the effective date of this Act.          SECTION 14.  OFFICE OF THE ATTORNEY GENERAL: SEXUAL ASSAULT   FUND. The amount of $52,277,114 is appropriated from the money   received by this state from the Coronavirus State Fiscal Recovery   Fund (42 U.S.C. Section 802) established under the American Rescue   Plan Act of 2021 (Pub. L. No. 117-2) and deposited to the credit of   the Coronavirus Relief Fund No. 325 to the Office of the Attorney   General for deposit to the General Revenue Dedicated Sexual Assault   Fund Account No. 5010 for use during the two-year period beginning   on the effective date of this Act.          SECTION 15.  OFFICE OF THE ATTORNEY GENERAL: CRIME VICTIMS   COMPENSATION. The amount of $54,756,000 is appropriated from the   money received by this state from the Coronavirus State Fiscal   Recovery Fund (42 U.S.C. Section 802) established under the   American Rescue Plan Act of 2021 (Pub. L. No. 117-2) and deposited   to the credit of the Coronavirus Relief Fund No. 325 to the Office   of the Attorney General for deposit to General Revenue Dedicated   Crime Victims Compensation Account No. 469 to be used during the   two-year period beginning on the effective date of this Act for   crime victims compensation.          SECTION 16.  COURT FEE SHORTFALL. From the money received by   this state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325, the following entities are   appropriated the following amounts for the indicated purposes to be   used immediately during the two-year period beginning on the   effective date of this Act to address matters that have not been   addressed because of court fee collections shortfalls:                (1)  Comptroller of Public Accounts - Judiciary   Section: $14,854,228 for court case backlog including for visiting   judges and support staff;                (2)  Office of Court Administration: $10,338,158 for   court case backlog including authorization of eight additional full   time equivalent employees (FTEs) and information technology   support;                (3)  Office of Court Administration - Texas Indigent   Defense Commission (TIDC): $63,698,784 for court case backlog for   public defenders and two additional full time equivalent employees   (FTEs);                (4)  Office of Court Administration - Texas Indigent   Defense Commission (TIDC): $13,942,466 for court case backlog for   deposit to the General Revenue Dedicated Fair Defense Account   No. 5073;                (5)  Office Of Capital And Forensic Writs: $200,000 for   court case backlog, COVID costs, and one additional full time   equivalent employee (FTE); and                (6)  Texas Commission on Law Enforcement: $9,400,000   for deposit to General Revenue Dedicated Texas Commission on Law   Enforcement Account No. 116.          SECTION 17.  DEPARTMENT OF STATE HEALTH SERVICES: MONOCLONAL   ANTIBODY TREATMENTS. The amount of $140 million is appropriated to   the Department of State Health Services from money received by this   state from the Coronavirus State Fiscal Recovery Fund (42   U.S.C. Section 802) established under the American Rescue Plan Act   of 2021 (Pub. L. No. 117-2) and deposited to the credit of the   Coronavirus Relief Fund No. 325 for the purpose of providing   funding for the purchase of monoclonal antibody treatments for the   coronavirus disease during the two-year period beginning on the   effective date of this Act.          SECTION 18.  LEGISLATIVE INTENT REGARDING APPROPRIATIONS.   It is the intent of the legislature that the appropriations made by   this Act are one-time appropriations made for the purpose of   addressing the needs of this state for the two-year period   beginning on the effective date of this Act.          SECTION 19.  APPROPRIATION AUTHORITY UNDER FEDERAL LAW. The   appropriations made under Sections 4, 7, 8, 9, 10, 11, 12, 14, 15,   and 16 of this Act using money received by this state from the   Coronavirus State Fiscal Recovery Fund (42 U.S.C. Section 802)   established under the American Rescue Plan Act of 2021   (Pub. L. No. 117-2) are made in accordance with 42 U.S.C. Section   802(c)(1)(C), which allows money from the Coronavirus State Fiscal   Recovery Fund to be used to provide government services to the   extent of a reduction in the revenue of a state government caused by   the COVID-19 public health emergency relative to revenues collected   in the most recent full fiscal year of the state government that   ended before that emergency.          SECTION 20.  APPLICABILITY OF TRANSFER PROVISIONS OF OTHER   LAW. The transfer provisions of Part 14, Article IX, Chapter 1053   (S.B. 1), Acts of the 87th Legislature, Regular Session, 2021 (the   General Appropriations Act), and the transfer provisions of Section   65, Chapter 995 (H.B. 2), Acts of the 87th Legislature, Regular   Session, 2021 (the Supplemental Appropriations Act), apply to the   appropriations made by this Act to allow appropriate transfer of   appropriations made by this Act as if the appropriations made by the   General Appropriations Act, the Supplemental Appropriations Act,   and this Act were all a part of the same Act, to the extent permitted   by federal law.          SECTION 21.  EFFECTIVE DATE.  This Act takes effect   immediately.