Amend CSSB 1, as follows by making technical corrections:
(1) Under Article III, on pages III-21 and III-22, by
amending the following rider:
84. Funding Contingent on a PSF Distribution. Distributions
from the Permanent School Fund (PSF) to the Available School Fund
(ASF) in the 2010-11 biennium are hereby appropriated in the
following manner:
a. Foundation School Program. In addition to the
amounts appropriated above to the Foundation School Program in
Strategy A.1.1, FSP–Equalized Operations, distributions from the
PSF to the ASF in the 2010-2011 biennium are appropriated to
Strategy A.1.1, FSP–Equalized Operations, for the purpose of
funding the Foundation School Program. Amounts appropriated for
this purpose shall not exceed $267,191,144 for the 2010-11
biennium.
b. Technology Allotment. Any PSF distributions to the
ASF in excess of the amounts appropriated by this rider for the
Foundation School Program are appropriated to the Technology
Allotment and shall not exceed $134,226,540 in fiscal year 2010 and
$136,710,120 $50,021,083 in fiscal year 2011.
c. Instructional Materials. Any PSF distributions to
the ASF in excess of amounts appropriated by this rider to the
Foundation School Program and the Technology Allotment shall be
transferred to the State Textbook Fund and are appropriated to
Strategy B.2.1, Technology and Instructional Materials, for the
purchase of continuing contracts and textbooks listed under
Proclamation 2010, in amounts not to exceed $173,189,984 in fiscal
year 2010 and $584,894,439 in fiscal year 2011. Such
appropriations are in addition to ASF and State Textbook Fund
appropriations made above.
d. The Texas Education Agency is hereby appropriated in
the 2010-11 biennium federal funds received under the American
Recovery and Reinvestment Act of 2009 (ARRA), in the amount of the
difference between $1,296,212,227 and the amount of Available
School Fund funds available for the purposes identified in sections
a, b, and c above in the 2010-11 biennium
(2) Under Article III, on page III-51 by striking rider 35,
Professional Nursing Shortage Reduction Program, and substituting
the following text:
35. Professional Nursing Shortage Reduction Program. The
funds appropriated under Strategy D.1.12 for the Professional
Nursing Shortage Reduction Program (§61.9621-61.9628, Education
Code) are trusteed to the Texas Higher Education Coordinating Board
(THECB) to achieve the following outcomes: 1) increasing the
number of graduates from professional nursing programs, 2)
increasing the percentage of students in professional nursing
programs that graduate within a reasonable time as determined by
the board, and 3) increasing the number of graduates from master's
and doctoral programs in nursing that join the faculty of a
professional nursing program. Funds shall only be used to: 1)
create additional nurse faculty positions, 2) provide temporary
salary supplements for professional nursing faculty, 3) engage
qualified preceptors to expand faculty capacity and 4) provide
stipends to graduate nursing students enrolled in nurse educator
certificate and degree programs and PhD nursing programs.
"Professional nursing program" has the meaning assigned by §
61.9621, Education Code. After allocating up to $12.35 million
each year consistent with subsections (a) and (b), the balance of
appropriations in strategy D.1.12 each fiscal year shall be
allocated consistent with subsection (c) and (d) below.
The THECB shall allocate the funds as follows: (a) The THECB
may use up to $617,500 each year from the funds appropriated under
Strategy D.1.12. for administrative expenses as authorized by §
61.9628, Education Code.
(b) The funds appropriated shall be distributed in an
equitable manner to institutions, including institutions
graduating their first nursing class, based on increases in numbers
of nursing students graduating. The Coordinating Board shall apply
a weight of 1.5 for increased graduates in nursing educator
programs identified with a Classification of Instructional Program
code of 51.1608 and 51.1699.6. Out of funds appropriated above in
Strategy D.1.12, the Coordinating Board shall allocate up to 50
percent in each year of the biennium to community colleges. If the
board is unable to allocate the balance of the funds up to $12.35
million in fiscal year 2010, to general academic and health-related
institutions, it may allocate any unused funds to community
colleges.
An institution is eligible to receive funds appropriated for
fiscal year 2010 only if it commits for fiscal year 2010 to spend
funds on its professional nursing program at least equal to the
funds spent in fiscal year 2009 and for funds appropriated for
fiscal year 2011 only if it commits for fiscal year 2011 to spend
funds equal at least to the funds spent in fiscal year 2010. Funds
received under Strategy D.1.12. shall not be included in these
calculations.
The board shall have the authority to transfer funds from
Strategy D.1.9, Professional Nursing Financial Aid, to Strategy
D.1.12, Professional Nursing Shortage Reduction Program, for the
purposes set out in this rider.
Any funds within the limit of $12.35 million not expended in
fiscal year 2010 may be expended in fiscal year 2011.
The board shall distribute awards to qualifying institutions
within 60 days of the start of the fiscal year or by November 1.
(c) The Coordinating Board is hereby directed to distribute
at the beginning of the respective fiscal year $5,677,150 in fiscal
year 2010 and $9,300,508 in fiscal year 2011 to institutions with
nursing programs based on the following criteria: (1) programs
with a graduation rate of 70% or above as reflected in the March
2009 Coordinating Board survey of graduation rates; (2) in fiscal
year 2010 the institutions increase new enrollees by 8.5% over data
reported in the March 2009 survey; (3) the institutions increase
the number of new enrollees by an additional 5% in fiscal year 2011;
and (4) the amount is based on $10,000 per year for each additional
nursing student in a program leading to initial licensure as a
registered nurse.
The funds shall be expended by the institutions only for
purposes to expand the number of nursing students enrolled in
fiscal year 2010 and again in fiscal year 2011. An institution
shall use the funds received under this Nursing Shortage Initiative
only for expenses related to the nursing programs at the respective
institution. An institution is limited to expending an amount
equal to what it generates based on the actual increase in entry
level nursing enrollment in initial licensure programs at the
institution. To the extent that the institution does not meet the
enrollment targets which are the basis of this appropriation, these
funds will return to the State Treasury at the end of the 2010-11
biennium.
(d) With the remaining appropriation in strategy D.1.12
after implementing subsections (a), (b), and (c), the THECB may use
five percent for administrative expenses related to the allocation
of funds as follows. Public and private institutions of higher
education as defined in Education Code § 61.003 with nursing
graduation rates below 70%, hospital based diploma programs or new
programs whose graduation rates which have not been determined by
the THECB can submit applications to increase the number of nursing
graduates from programs leading to initial licensure as registered
nurses. The funds shall be expended only for purposes to expand the
number of entry level nurses graduating by fiscal year 2013.
Institutions shall receive $20,000 for each graduate. The THECB
may use the committee established under Education Code §
61.96231(d) to review proposals and make recommendations.
THECB shall enter a memorandum of understanding (MOU) with
respective institutions to increase the number of nursing
graduates. The MOU would indicate the number of nursing graduates
for initial licensure the institution would produce; the number of
payments and the timeframe for allocation of funds to the
institution; identify benchmarks an institution must meet to
receive payments; and the consequences of failing to meet the
benchmarks.
(3) Under Article V, on page V-12 of the bill pattern for the
Department of Criminal Justice by increasing Interagency Contracts
(Other Funds) appropriations in Strategy C.2.3, Project RIO, by
$1,300,000 in each fiscal year.
(4) Under Article V, on page V-19 and V-20 of the bill
pattern for the Department of Criminal Justice by amending the
following rider text:
Rider 32. Project RIO. The Texas Workforce Commission, the
Texas Department of Criminal Justice, and the Texas Youth
Commission shall together enhance the effectiveness of Project RIO
by improving cohesive program delivery among the three agencies.
The agencies shall together develop and implement a biennial
strategic plan for the implementation of a more cohesive and
effective Project RIO program which will emphasize necessary skill
development, rehabilitation, and appropriate assessment of the
offender prior to release. Not later than March 1, 2010, the
biennial strategic plan, jointly prepared by the three agencies,
and including specific strategies, measures, timeframes for
program improvement, and a methodology for program evaluation,
shall be submitted to the Legislative Budget Board and the
Governor. The Texas Workforce Commission shall maintain
interagency contracts at $3,259,735 $4,559,735 in each fiscal year
of the biennium to the Texas Department of Criminal Justice to fund
Project RIO. The agencies shall enter into interagency contracts,
to include the reporting of performance levels, for the 2010-11
biennium.
(5) Under Article VIII on page VIII-15, Rider 3, Contingency
Appropriation: Regulatory Response, in section b. striking
"Finance Commission" and substituting "Credit Union Commission."
(6) Under Article VIII, on page VIII-77, Rider 3,
Appropriation of Unexpended Balances Within the Biennium, by
striking "September 1, 2011" and substituting "August 31, 2011."
(7) Under Article XI, on page XI-3, for the Department of
State Health Services by striking "Rider: Contingency for HB 3309,
Hospital Medical Errors" and substituting "Rider: Contingency for
HB 3099, Hospital Medical Errors".
(8) Under Article XI, on page XI-3, for the Department of
State Health Services by striking "Rider: Contingency for HB 3309,
Collection Hospital Medical Errors" and substituting "Rider:
Contingency for HB 3099, Collection Hospital Medical Errors".
(9) Under Article XII, on pages XII-7 through XII-9 by
amending Sections 5, 9, 10, 11, 12, 13, 14, and 16 to read as follow:
Sec. 5. Reporting Requirements. (a) Each state agency or
[and]institution of higher education receiving funds as a result of
the American Recovery and Reinvestment Act (ARRA) [appropriations
under this article] shall develop and submit a plan to the
Legislative Budget Board and the Governor providing details on the
entity's intended use of [their] these appropriations. [from the
American Recovery and Reinvestment Act (ARRA).] The plan shall
include a summary of any ARRA funds spent, allocated or encumbered
prior to August 31, 2009. The report shall be delivered by
September 30, 2009. For definitional purposes in this Article
only, the phrase "funds as a result of the American Recovery and
Reinvestment Act" means any federal funds received as a result of
the ARRA and any General Revenue received for exceptional items or
General Revenue received above the amount found in any strategy in
the General Appropriations Act for the 2008-2009 biennium. The
Legislative Budget Board may adopt rules related to the definition
for a specific agency or institution as necessary."
(b) Each agency or institution [of the agencies] receiving
[appropriations under this Article] funds as a result of the ARRA
shall submit quarterly reports, in a form determined by the
Legislative Budget Board, on expenditure of funds appropriated from
the American Recovery and Reinvestment Act Fund. Reports shall be
submitted no later than the following dates each year: December 31,
March 31, June 30, and September 30. The reports shall be submitted
to the Governor, Legislative Budget Board, State Auditor's Office,
and Comptroller of Public Accounts.
Sec. 9. Prohibition of Expansion of State Government. It is
the intent of the legislature that, to the extent allowed by federal
and state law in regard to American Recovery and Reinvestment Act
funding, an agency or institution [appropriated funds under this
Act] not adopt a plan, policy, procedure, strategy, or rule to
facilitate expenditure of funds received as a result of the
American Recovery and Reinvestment Act [funding] during this or
future biennia for expansion of a program, strategy, policy,
expenses, or employment which:
(1) cannot be reasonably and proportionately reduced
or eliminated after American Recovery and Reinvestment Act funding
is reduced or eliminated; or
(2) creates liability on behalf of the State of Texas
to make:
(A) repayment to the United States treasury (i.e.
"clawback") in the event of a future discontinuation of payments to
the direct or indirect beneficiaries from those American Recovery
and Reinvestment Act funds already expended; or
(B) payments to direct or indirect beneficiaries
of a program or strategy in excess of those funds actually received
by the State of Texas from the United States treasury.
Sec. 10. Discontinued Funding Plan. Each agency or
institution receiving funds as a result of the American Recovery
and Reinvestment Act [funding appropriated in this Article] shall
prepare a written Discontinued Funding Plan ("plan") which
addresses the fact that funds received as a result of the American
Recovery and Reinvestment Act [funding is] are temporary in nature
and that programs authorized and federal funds provided by the
American Recovery and Reinvestment Act will be eliminated or
reduced or might reasonably be viewed as likely to be eliminated or
reduced during this or future biennia. According to requirements
of the Legislative Budget Board and the Governor the plan must:
(1) identify funds received as a result of American
Recovery and Reinvestment Act;
(2) forecast the amount of reduction of American
Recovery and Reinvestment Act funds in future budgets compared to
the current budget of the agency or institution;
(3) be filed initially with the Legislative Budget
Board and Governor no later than September 30, 2009;
(4) be updated quarterly;
(5) be supplemented as requested by the Legislative
Budget Board or Governor;
(6) indicate how services or benefits will be provided
by the agency or institution after elimination or reduction of
American Recovery and Reinvestment Act funding;
(7) state how a reduction in force employed by the
agency or institution will be executed;
(8) state whether staff hired by an agency or
institution as a result of American Recovery and Reinvestment Act
was notified that the positions of employment are temporarily
because they are funded by American Recovery and Reinvestment Act;
(9) state the manner in which the agency or institution
will reduce services and benefits when American Recovery and
Reinvestment Act funding are eliminated or reduced;
(10) provide such other information as may be required
for an agency or institution by the Legislative Budget Board or the
Governor;
(11) provide for avoidance of liability or any
commitment by the State of Texas to future financial obligations or
responsibilities not approved by this Legislature; and
(12) be available for public inspection and review.
Sec. 11. Exceptions provided for use of appropriations. As a
specific exception to the requirement of Article IX, Sec. 8.02, of
this Act, that all federal funds appropriated by this Act be
deposited to and expended from an appropriation item identified in
this Act and not be expended for a purpose other than those a
purpose reviewed by the Eighty-first Legislature and authorized by
specific language in this Act or encompassed by an agency's or
institution's budget structure as established by this Act, all
American Recovery and Reinvestment Act funds appropriated by this
Article may be expended for other items and purposes with the
written permission of the Legislative Budget Board and the
Governor.
Sec. 12. Discontinuance of position associated with American
Recovery and Reinvestment Act. It is the intent of the legislature
that a position of employment created as a result of the receipt of
funds received as a result of the American Recovery and
Reinvestment Act [funding] shall be eliminated by an agency or
institution upon exhaustion or discontinued availability of funds
received as a result of the American Recovery and Reinvestment Act
[funding] for that position.
Sec 13. Maximization of American Recovery and Reinvestment
Act funds. In order to maximize the amount of American Recovery and
Reinvestment Act federal funds that might become available to the
State of Texas, state funds from any source used by a state agency
or institution to provide services or benefits may be counted in any
manner consistent with then existing law towards any required state
matching contribution for such American Recovery and Reinvestment
Act funds.
Sec. 14. State Energy Projects Funding. From Funds
appropriated to the Comptroller of Public Accounts in this Article
for the State Energy Program and to the extent allowed by federal
law and regulations, the Comptroller of Public Accounts shall grant
to the Texas Facilities Commission funds at least $22,000,000 in
fiscal year 2010 funds to the fullest extent allowed by federal law
and regulations for energy efficiency upgrades on the following
state-owned buildings: Disaster Recovery Operations Computer
Center, James E. Rudder, Lyndon B. Johnson, Sam Houston, E. O.
Thompson, Brown Heatly, John H. Winters, William P. Clements,
Robert E. Johnson, State Records Center, Insurance Annex, Thomas J.
Rusk, Department of Assistive Rehabilitation Services, and Price
Daniels.
Sec. 16. Reporting of Federal Economic Stabilization Funding
under the American Recovery and Reinvestment Act of 2009. Each
state agency or institution that receives funds as a result of
[pursuant to]the American Recovery and Reinvestment Act [of 2009
(ARRA)] and that provides reports to the Legislative Budget Board
and federal agencies regarding funding received under ARRA shall
post on the agency's or institution's internet website, the agency's
or institution's ARRA report and provide a link to the State
Auditor's Office fraud hotline.