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  H.B. No. 4586
 
 
 
 
AN ACT
  relating to making supplemental appropriations and reductions in
  appropriations and giving direction and adjustment authority and
  prescribing limitations regarding appropriations.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEPARTMENT OF STATE HEALTH SERVICES: SWINE FLU.
  In addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2009, the amount of $11,796,415 is
  appropriated out of the general revenue fund to the Department of
  State Health Services for the two-year period beginning on the
  effective date of this Act for the purpose of paying for costs
  associated with the swine flu.
         SECTION 2.  CANCER PREVENTION AND RESEARCH INSTITUTE:
  OPERATIONS.  (a)  In addition to amounts previously appropriated
  for the state fiscal biennium ending August 31, 2009, the amount of
  $917,389 is appropriated out of the general revenue fund to the
  Cancer Prevention and Research Institute for the two-year period
  beginning on the effective date of this Act for the purpose of
  providing for salaries and wages, travel, acquisition of
  information technology, computers, furniture, legal counseling,
  and contracts.
         (b)  In addition to the number of full-time equivalent
  employees (FTEs) the Cancer Prevention and Research Institute is
  authorized by other law to employ during the state fiscal year
  ending August 31, 2009, the center may employ an additional 16.0
  FTEs during that state fiscal year.
         SECTION 3.  TEXAS FACILITIES COMMISSION: UTILITY COSTS.  (a)
  In addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2009, the amount of $2,396,612 is
  appropriated out of the general revenue fund to the Texas
  Facilities Commission under Strategy C.2.1, Facilities Operation,
  for the two-year period beginning on the effective date of this Act
  for the purpose of providing for payment of increased utility costs
  as a result of an increase in utility rates.
         (b)  Notwithstanding Article IX, Section 14.01,
  Appropriation Transfers, or similar provisions of Chapter 1428
  (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), funds appropriated by this section may
  not be transferred by the commission to another appropriation item
  or be used by the commission for a purpose other than payment of
  utility expenses without the prior written approval of the
  Legislative Budget Board.
         SECTION 4.  TEXAS ETHICS COMMISSION: FREE MARKET ASSOCIATION
  V. TEXAS ETHICS COMMISSION. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $188,349 is appropriated out of the general revenue
  fund to the Texas Ethics Commission for the fiscal year ending
  August 31, 2009, for the purpose of reimbursing the commission for
  the payment of the judgment on October 2, 2008, in Free Market
  Association of Texas v. Texas Ethics Commission in the United
  States District Court for the Western District of Texas, Austin
  Division.
         SECTION 5.  TEXAS STATE LIBRARY AND ARCHIVES COMMISSION:
  LORENZO DE ZAVALA BUILDING. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $1,894,676 is appropriated out of the general revenue
  fund to the Texas State Library and Archives Commission for the
  two-year period beginning on the effective date of this Act for the
  purchase of furniture and shelving for the Lorenzo de Zavala
  Building.
         SECTION 6.  PRESERVATION BOARD OR HISTORICAL COMMISSION:
  RESTORATION OF THE GOVERNOR'S MANSION.  Out of reimbursements
  received from the Federal Emergency Management Agency for
  expenditures that were paid for with funds transferred from the
  Health and Human Services Commission to the Department of Public
  Safety during the state fiscal year ending August 31, 2009, an
  amount not to exceed $11,000,000 is appropriated for the two-year
  period beginning on the effective date of this Act, in addition to
  other amounts appropriated for the state fiscal biennium ending
  August 31, 2009, for costs associated with the restoration of the
  Governor's Mansion. The appropriation is to:
               (1)  the State Preservation Board, contingent on the
  enactment and becoming law of S.B. 2307 or similar legislation by
  the 81st Legislature in regular session that imposes responsibility
  on the State Preservation Board for the preservation and
  maintenance of the Governor's Mansion; or
               (2)  the Texas Historical Commission, if the 81st
  Legislature in regular session does not enact S.B. 2307 or similar
  legislation that becomes law that imposes responsibility on the
  State Preservation Board for the preservation and maintenance of
  the Governor's Mansion.
         SECTION 7.  HEALTH AND HUMAN SERVICES COMMISSION: RED LIGHT
  CAMERA TRAUMA FUND. In addition to amounts previously appropriated
  for the state fiscal biennium ending August 31, 2009, all revenue
  deposited to the Regional Trauma Account 5137 (Red Light Camera
  Trauma Fund) (estimated to be $6,712,284) is appropriated under
  Strategy A.1.1, Enterprise Oversight and Policy, to the Health and
  Human Services Commission for the state fiscal year ending August
  31, 2009, to be used to reimburse uncompensated trauma care.
         SECTION 8.  TEXAS EDUCATION AGENCY: CRIMINAL HISTORY
  BACKGROUND CHECKS. In addition to amounts previously appropriated
  for the state fiscal biennium ending August 31, 2009, the amount of
  $2,630,206 is appropriated out of the general revenue fund to the
  Texas Education Agency for the two-year period beginning on the
  effective date of this Act to conduct criminal history background
  checks pursuant to Chapter 1372 (S.B. 9), Acts of the 80th
  Legislature, Regular Session, 2007.
         SECTION 9.  TEXAS SOUTHERN UNIVERSITY: APPROPRIATION
  REPURPOSING.  (a)  The unencumbered appropriations from the general
  revenue fund appropriated to Texas Southern University for use
  during the state fiscal biennium ending August 31, 2009, by Article
  III, Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), under Strategy
  B.1.2, Tuition Revenue Bond Retirement, are reduced by the amount
  of $3,729,808.
         (b)  Notwithstanding any limitation made by Article III,
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), under Section 6(9)
  of the Special Provisions Relating Only to State Agencies of Higher
  Education, the amount of $3,729,808 is appropriated out of the
  general revenue fund to Texas Southern University for the two-year
  period beginning on the effective date of this Act for the purpose
  of paying for, or reimbursing payments made for, costs incurred by
  the university associated with damages caused by natural disasters
  that occurred before the effective date of this Act during the state
  fiscal biennium that began September 1, 2007.
         SECTION 10.  TEXAS SOUTHERN UNIVERSITY: ADMINISTRATIVE
  EXPENSES. In addition to amounts previously appropriated for the
  state fiscal biennium ending August 31, 2009, the amount of
  $2,350,000 is appropriated out of the general revenue fund to Texas
  Southern University for the two-year period beginning on the
  effective date of this Act for administrative operation expenses.
         SECTION 11.  HIGHER EDUCATION GROUP INSURANCE
  CONTRIBUTIONS.  In addition to amounts previously appropriated for
  the state fiscal biennium ending August 31, 2009, the following
  amounts are appropriated out of the general revenue fund for the
  two-year period beginning on the effective date of this Act to the
  following community and junior colleges for the purpose of
  restoring fiscal year 2009 proportional state contributions for
  health benefits and providing a transitional adjustment sufficient
  to set the restoration total for each institution at an amount equal
  to the amount of the fiscal year 2009 higher education group
  insurance contribution for each institution included in the line
  item veto for Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
  Regular Session, 2007 (the General Appropriations Act):
               (1)  $12,185,357 is appropriated out of the general
  revenue fund to Alamo Community College;
               (2)  $1,574,860 is appropriated out of the general
  revenue fund to Alvin Community College;
               (3)  $3,758,285 is appropriated out of the general
  revenue fund to Amarillo College;
               (4)  $1,367,325 is appropriated out of the general
  revenue fund to Angelina College;
               (5)  $7,164,544 is appropriated out of the general
  revenue fund to Austin Community College;
               (6)  $3,054,600 is appropriated out of the general
  revenue fund to Blinn College;
               (7)  $1,373,650 is appropriated out of the general
  revenue fund to Brazosport College;
               (8)  $2,731,087 is appropriated out of the general
  revenue fund to Central Texas College;
               (9)  $990,189 is appropriated out of the general
  revenue fund to Cisco Junior College;
               (10)  $461,040 is appropriated out of the general
  revenue fund to Clarendon College;
               (11)  $1,497,422 is appropriated out of the general
  revenue fund to Coastal Bend College;
               (12)  $2,138,088 is appropriated out of the general
  revenue fund to the College of the Mainland;
               (13)  $3,784,295 is appropriated out of the general
  revenue fund to Collin County Community College;
               (14)  $15,758,341 is appropriated out of the general
  revenue fund to the Dallas County Community College District;
               (15)  $4,018,340 is appropriated out of the general
  revenue fund to Del Mar College;
               (16)  $6,182,391 is appropriated out of the general
  revenue fund to El Paso Community College;
               (17)  $585,527 is appropriated out of the general
  revenue fund to Frank Phillips College;
               (18)  $943,016 is appropriated out of the general
  revenue fund to Galveston College;
               (19)  $1,468,952 is appropriated out of the general
  revenue fund to Grayson County College;
               (20)  $954,181 is appropriated out of the general
  revenue fund to Hill College;
               (21)  $10,278,053 is appropriated out of the general
  revenue fund to Houston Community College;
               (22)  $1,813,685 is appropriated out of the general
  revenue fund to Howard College;
               (23)  $2,129,068 is appropriated out of the general
  revenue fund to Kilgore College;
               (24)  $3,342,228 is appropriated out of the general
  revenue fund to Laredo Community College;
               (25)  $2,119,681 is appropriated out of the general
  revenue fund to Lee College;
               (26)  $8,670,589 is appropriated out of the general
  revenue fund to the Lone Star College System;
               (27)  $2,724,160 is appropriated out of the general
  revenue fund to McLennan Community College;
               (28)  $2,065,163 is appropriated out of the general
  revenue fund to Midland College;
               (29)  $1,470,933 is appropriated out of the general
  revenue fund to Navarro College;
               (30)  $1,418,908 is appropriated out of the general
  revenue fund to North Central Texas College;
               (31)  $874,764 is appropriated out of the general
  revenue fund to Northeast Texas Community College;
               (32)  $1,963,198 is appropriated out of the general
  revenue fund to Odessa College;
               (33)  $945,499 is appropriated out of the general
  revenue fund to Panola College;
               (34)  $1,278,367 is appropriated out of the general
  revenue fund to Paris Junior College;
               (35)  $474,991 is appropriated out of the general
  revenue fund to Ranger College;
               (36)  $6,628,666 is appropriated out of the general
  revenue fund to San Jacinto College;
               (37)  $3,338,955 is appropriated out of the general
  revenue fund to South Plains College;
               (38)  $3,985,978 is appropriated out of the general
  revenue fund to South Texas College;
               (39)  $1,666,736 is appropriated out of the general
  revenue fund to Southwest Texas Junior College;
               (40)  $9,207,978 is appropriated out of the general
  revenue fund to Tarrant County College;
               (41)  $1,330,783 is appropriated out of the general
  revenue fund to Temple College;
               (42)  $1,667,329 is appropriated out of the general
  revenue fund to Texarkana College;
               (43)  $1,706,940 is appropriated out of the general
  revenue fund to Trinity Valley Community College;
               (44)  $3,361,192 is appropriated out of the general
  revenue fund to Tyler Junior College;
               (45)  $1,120,729 is appropriated out of the general
  revenue fund to Vernon College;
               (46)  $1,519,013 is appropriated out of the general
  revenue fund to Victoria College;
               (47)  $1,397,289 is appropriated out of the general
  revenue fund to Weatherford College;
               (48)  $694,843 is appropriated out of the general
  revenue fund to Western Texas College; and
               (49)  $1,789,670 is appropriated out of the general
  revenue fund to Wharton County Junior College.
         SECTION 12.  TEXAS FOREST SERVICE: VOLUNTEER FIRE DEPARTMENT
  ASSISTANCE PROGRAM.  In addition to amounts previously appropriated
  for the state fiscal biennium ending August 31, 2009, the amount of
  $2,500,000 is appropriated out of general revenue fund dedicated
  account number 5064 to the Texas Forest Service for the two-year
  period beginning on the effective date of this Act for grants to
  volunteer fire departments for training and equipment through the
  Volunteer Fire Department Assistance Program.
         SECTION 13.  UNIVERSITY OF TEXAS MEDICAL BRANCH: HIGHER
  EDUCATION GROUP INSURANCE CONTRIBUTIONS.  In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2009, the amount of $500,000 is appropriated out of the general
  revenue fund to The University of Texas Medical Branch at Galveston
  for the two-year period beginning on the effective date of this Act
  for additional contributions made to higher education group
  insurance made on behalf of 47 full-time equivalent positions
  transferred under a contract with the Texas Youth Commission from
  the Texas Tech University Health Sciences Center to The University
  of Texas Medical Branch.
         SECTION 14.  THE UNIVERSITY OF NORTH TEXAS SYSTEM:
  REIMBURSEMENT FOR PLANNING AND DESIGN.  In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2009, the amount of $2,800,000 is appropriated out of the
  general revenue fund to the University of North Texas System for the
  two-year period beginning on the effective date of this Act for the
  purpose of reimbursing the cost of planning and design for
  construction of a second academic building at the Dallas campus.
  The legislature finds there is a demonstrated need for undertaking
  the planning and design process for this building.
         SECTION 15.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
  OPERATIONS.  In addition to amounts previously appropriated for the
  state fiscal biennium ending August 31, 2009, the amount of
  $164,230,000 is appropriated out of the general revenue fund to the
  Texas Department of Criminal Justice for the two-year period
  beginning on the effective date of this Act for the purpose of
  providing for salaries and wages, hazardous duty and longevity pay,
  overtime pay, food for wards of the state, costs of damages
  resulting from natural disasters, contracted temporary capacity,
  utilities, information technology services, and fuel.
         SECTION 16.  TEXAS DEPARTMENT OF CRIMINAL JUSTICE:
  CORRECTIONAL MANAGED HEALTH CARE.  (a)  In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2009, the amount of $48,144,918 is appropriated out of the
  general revenue fund to the Texas Department of Criminal Justice
  for the two-year period beginning on the effective date of this Act
  for the purpose of providing for correctional managed health and
  psychiatric care, the use of infirmary beds at The University of
  Texas Health Science Center at Tyler, outpatient cancer treatment,
  and the rental of a CT scanner.
         (b)  Out of the funds appropriated in Subsection (a) of this
  section, the Department of Criminal Justice and the Correctional
  Managed Health Care Committee shall identify and evaluate
  mechanisms to lower the cost of, or increase the quality of care in,
  health or pharmacy services and submit a report to the Legislative
  Budget Board and the governor no later than May 1, 2010.
         SECTION 17.  WATER DEVELOPMENT BOARD: MEDINA LAKE DAM.  
  Contingent on an interlocal agreement among interested parties,
  including the Bexar-Medina-Atascosa Counties Water Control and
  Improvement District No. 1, the Edwards Aquifer Authority, the
  Bexar Metropolitan Water District and the San Antonio River
  Authority, regarding repairs to the Lake Medina Dam, in addition to
  amounts previously appropriated for the state fiscal biennium
  ending August 31, 2009, the amount of $4,000,000 is appropriated
  out of the general revenue fund to the Water Development Board for
  the two-year period beginning on the effective date of this Act to
  be transferred to the Water Assistance Fund to provide a grant to
  the Bexar-Medina Atascosa Water Control and Improvement District #1
  for structural improvements to the Medina Lake Dam.
         SECTION 18.  SOIL AND WATER CONSERVATION BOARD: MILEAGE
  REIMBURSEMENT. In addition to amounts previously appropriated for
  the state fiscal biennium ending August 31, 2009, the following
  amounts are appropriated to the Soil and Water Conservation Board
  for the two-year period beginning on the effective date of this Act
  to provide mileage reimbursement for soil and water conservation
  district directors:
               (1)  $54,664 is appropriated out of the general revenue
  fund; and
               (2)  the unexpended and unencumbered balance of the
  amounts appropriated by Section 19.63, Article IX, Chapter 1428
  (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act).
         SECTION 19.  TEXAS DEPARTMENT OF TRANSPORTATION: HIGHWAY AND
  BRIDGE CONSTRUCTION. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $662,200,000 is appropriated out of funds received
  under the American Recovery and Reinvestment Act of 2009 (Pub. L.
  No. 111-5) to the Texas Department of Transportation for the
  two-year period beginning on the effective date of this Act for the
  purpose of highway and bridge construction.
         SECTION 20.  RACING COMMISSION: REVENUE SHORTFALL.  In
  addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2009, the amount of $348,525 is
  appropriated out of the general revenue fund to the Racing
  Commission for the two-year period beginning on the effective date
  of this Act for the purpose of providing for current operations as a
  result of a revenue shortfall.
         SECTION 21.  APPROPRIATION REDUCTION: THE UNIVERSITY OF
  HOUSTON.  The unencumbered appropriations from the general revenue
  fund appropriated to the University of Houston for use during the
  state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
  1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), by the Section 55 special item
  appropriation for the University of Houston - Wind Energy under the
  Special Provisions of Article III of that Act are reduced by
  $4,245,244.
         SECTION 22.  THE UNIVERSITY OF HOUSTON: WIND ENERGY.  In
  addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2009, the amount of $4,245,244 is
  appropriated out of the general revenue fund to the University of
  Houston for the two-year period beginning on the effective date of
  this Act for the purpose of developing and constructing the
  National Large Wind Turbine Research and Testing Facility. The
  legislature finds there is a demonstrated need to develop and
  construct this facility.
         SECTION 23.  JUDICIARY SECTION, COMPTROLLER'S DEPARTMENT:
  TRANSFERS. Notwithstanding the transfer limitations of Section
  14.01, Article IX, or Rider 4 following the appropriations to the
  Judiciary Section, Comptroller's Department, in Chapter 1428 (H.B.
  1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), the Judiciary Section, Comptroller's
  Department, may transfer appropriations among items of
  appropriations appropriated by Chapter 1428 (H.B. 1), Acts of the
  80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), in any amount during the state fiscal biennium
  ending August 31, 2009.  The Judiciary Section, Comptroller's
  Department, may use any funds transferred under this section to pay
  for personnel expenses of the 435th District Court in Montgomery
  County.
         SECTION 24.  APPROPRIATION REDUCTION: OFFICE OF ATTORNEY
  GENERAL.  As a result of savings created by the American Recovery
  and Reinvestment Act of 2009 (Pub. L. No. 111-5) in providing a
  temporary exemption for the use of federal incentives to increase
  federal funds, the unencumbered appropriations from the general
  revenue fund appropriated to the Office of the Attorney General for
  use during the state fiscal biennium ending August 31, 2009, by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), under Strategy
  B.1.1, Child Support Enforcement, are reduced by $27,300,000.
         SECTION 25.  APPROPRIATION REDUCTION: TEXAS TECH UNIVERSITY
  HEALTH SCIENCES CENTER; HIGHER EDUCATION GROUP INSURANCE
  CONTRIBUTIONS.  The unencumbered appropriations from the general
  revenue fund appropriated to the Texas Tech University Health
  Sciences Center for use during the state fiscal biennium ending
  August 31, 2009, by Chapter 1428 (H.B. 1), Acts of the 80th
  Legislature, Regular Session, 2007 (the General Appropriations
  Act), under the Article III appropriations for Higher Education
  Employees Group Insurance Contributions (Strategy C.1.22, Texas
  Tech University Health Sciences Center), are reduced by $500,000 to
  reflect the transfer of 47 full-time equivalent employee positions
  (FTEs) from the Texas Tech University Health Sciences Center to The
  University of Texas Medical Branch at Galveston under a contract
  with the Texas Youth Commission.
         SECTION 26.  APPROPRIATION REDUCTION: TEXAS EDUCATION
  AGENCY.  The unencumbered appropriations from the foundation school
  fund appropriated to the Texas Education Agency for use during the
  state fiscal biennium ending August 31, 2009, made by Chapter 1428
  (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), under Strategy A.1.1, FSP-Equalized
  Operations, are reduced by $500,000,000.
         SECTION 27.  HEALTH AND HUMAN SERVICES COMMISSION:
  RESTORATION OF TRANSFER AUTHORITY.  (a)  Notwithstanding any
  limitation on transfer among appropriation items prescribed by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), for the fiscal year
  ending August 31, 2009, but subject to the limitations prescribed
  by Subsections (b)-(e) of this section, the Health and Human
  Services Commission may allocate the amount appropriated by Section
  52(1) of this Act among the items of appropriation listed under Goal
  B, Medicaid.
         (b)  Any unexpended balances of general revenue funds
  appropriated by Section 52(1) of this Act for the state fiscal year
  ending August 31, 2009 (estimated to be $0), are appropriated to the
  Health and Human Services Commission for the fiscal year beginning
  September 1, 2009, for the purposes of Goal B, Medicaid, but the
  amounts may be spent only with the prior approval of the Legislative
  Budget Board and the governor obtained as prescribed by this
  section.
         (c)  The commission shall submit a written request for prior
  approval to the Legislative Budget Board and the governor and
  concurrently provide a copy of the request to the comptroller. The
  request for prior approval must be organized by fiscal year as
  provided by this subsection.  The commission shall provide the
  following information:
               (1)  for the fiscal year with an unexpended balance:
                     (A)  an explanation of the causes for the
  unexpended balance;
                     (B)  the amount of the unexpended balance by
  strategy; and
                     (C)  the associated incremental change in service
  levels compared to applicable performance targets for that fiscal
  year; and
               (2)  for the fiscal year receiving the funds:
                     (A)  an explanation of the purposes for which the
  unexpended balances will be used and whether the expenditures will
  be one-time or ongoing;
                     (B)  the amount of the expenditures by strategy;
                     (C)  the incremental change in service levels
  compared to applicable performance targets for that fiscal year;
  and
                     (D)  the capital budget impact.
         (d)  The request made under Subsection (c) of this section is
  considered to be approved unless the Legislative Budget Board or
  the governor issues a written disapproval on or before the 15th
  business day after the date on which the staff of the Legislative
  Budget Board concludes its review of the proposal to expend the
  funds and forwards its review to the chair of the House
  Appropriations Committee, chair of the Senate Finance Committee,
  speaker of the house of representatives, and lieutenant governor.
         (e)  The comptroller may not allow the use of unexpended
  balance amounts appropriated by this section if the Legislative
  Budget Board provides notification to the comptroller that the
  requirements of this section have not been satisfied.
         SECTION 28.  TEXAS EDUCATION AGENCY: APPROPRIATION
  REDUCTION.  The unencumbered appropriations from the general
  revenue fund appropriated to the Texas Education Agency for use
  during the state fiscal biennium ending August 31, 2009, made by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), are reduced by the
  following amounts:
               (1)  $19,251,340 from Strategy A.2.1, Student Success;
               (2)  $1,037,973 from Strategy A.2.4, School
  Improvement and Support Programs;
               (3)  $108,007 from Strategy B.2.1, Educational
  Technology; and
               (4)  $1,300,434 from Strategy B.2.2, Safe Schools.
         SECTION 29.  OFFICE OF ATTORNEY GENERAL: ADDITIONAL
  APPROPRIATION.  In addition to amounts previously appropriated for
  the state fiscal biennium ending August 31, 2009, the amount of
  $27,300,000 is appropriated out of funds received under the
  American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5)
  to the Office of the Attorney General for the two-year period
  beginning on the effective date of this Act for the purpose of
  providing child support enforcement.
         SECTION 30.  AMERICAN RECOVERY AND REINVESTMENT ACT:
  LIMITATION ON THE USE OF FUNDS.  (a) None of the federal funds made
  available under the American Recovery and Reinvestment Act (ARRA)
  and appropriated by this Act may be expended for any purpose other
  than those identified by this Act without prior approval of the
  governor and Legislative Budget Board obtained in accordance with
  this section and Section 34 of this Act.
         (b)  A state agency or institution receiving federal ARRA
  funds appropriated by this Act shall notify the governor,
  comptroller, Legislative Budget Board, and state auditor's office
  whenever the federal government, including a federal agency, does
  not approve an application by the agency or institution to spend the
  federal ARRA funds in a particular manner.  The notice may include a
  proposed alternative use of the funds that the agency or
  institution considers to be consistent with the purposes, as
  identified by this Act, for which the funds may be used.  Unless the
  governor and the Legislative Budget Board issue a written
  disapproval of a proposed alternative use within 15 business days
  after receiving the notification of federal disapproval that
  contains the proposed alternative use, the agency or institution
  may expend the funds in accordance with the proposed alternative
  use.  If the governor and the Legislative Budget Board issue a
  written disapproval of the proposed alternative use, the governor
  and Legislative Budget Board may approve expenditure of the funds
  in accordance with a modified alternative use identified by the
  governor and the Legislative Budget Board.
         (c)  Before expending any federal ARRA funds appropriated by
  this Act, each agency or institution shall notify the Legislative
  Budget Board, the governor, and the comptroller of any changes in
  federal law, rules, or regulations related to programs that receive
  appropriations under this Act that could create a future fiscal
  obligation to the state beyond the state fiscal year beginning
  September 1, 2010.  If after the 15th business day after
  notification from the agency or institution the Legislative Budget
  Board and the governor have not both issued a written disapproval of
  the expenditure, the agency or institution may expend the funds.
         (d)  Each state agency or institution that receives federal
  ARRA funds appropriated by this Act shall certify to the
  Legislative Budget Board, the governor, and the comptroller how the
  use of the funds or the programs receiving the funds comply with
  applicable state law, federal law, rules, regulations, and other
  relevant guidance, including any changes in guidance or
  interpretation and any changes in information reported under this
  section.  The certification must include a statement that the
  agency's chief executive and executive staff have knowledge of the
  American Recovery and Reinvestment Act law and of federal agency
  actions regarding that law and that those persons in their official
  capacity accept responsibility that the agency's or institution's
  use of federal ARRA funds appropriated by this Act comply with
  applicable federal law, state law, rules, regulations, and relevant
  guidance.
         (e)  The comptroller, in cooperation with the state auditor,
  may prescribe and implement any payment and post-payment audit
  procedures considered necessary to ensure compliance with this
  section.  The comptroller may provide consultation and training for
  agencies and institutions prior to obligation or expenditure of
  funds, and the comptroller shall provide technical assistance with
  these matters as needed during the two-year period beginning with
  the effective date of this Act.  The comptroller shall coordinate
  with the state auditor to ensure appropriate use of the funds
  throughout the two-year period.  Each state agency receiving
  federal ARRA funds under this Act must comply with reporting
  requirements prescribed by the comptroller and state auditor.
         SECTION 31.  AMERICAN RECOVERY AND REINVESTMENT ACT:
  PRIORITY OF FUNDING.  (a)  To the extent allowed under the American
  Recovery and Reinvestment Act (ARRA), from funds appropriated in
  this Act, agencies and institutions shall give priority to
  expenditures that do not recur beyond the two-year period that
  begins on the effective date of this Act.
         (b)  To the extent allowed under ARRA, an agency or
  institution may not create a liability that will cause the state to
  make:
               (1)  repayment to the United States treasury
  ("clawback") of ARRA funds already expended in the event of a future
  discontinuation of payments to the direct or indirect beneficiaries
  of a program or strategy; or
               (2)  payments to direct or indirect beneficiaries of a
  program or strategy in an amount that exceeds the amount of ARRA
  funds actually received by the state from the United States
  treasury.
         SECTION 32.  AMERICAN RECOVERY AND REINVESTMENT ACT:
  INFORMATIONAL RIDER: REDUCTION IN GENERAL.  The amounts of general
  revenue reductions shown in certain agency appropriations in this
  Act are in accordance with Title V, State Fiscal Relief, American
  Recovery and Reinvestment Act.
         SECTION 33.  AMERICAN RECOVERY AND REINVESTMENT ACT: FMAP
  ALLOCATIONS. Appropriations made by this Act to the Health and
  Human Services Commission for Medicaid Enhanced FMAP shall be
  allocated by the commission to affected agencies. The commission
  shall submit a plan for that allocation to the Legislative Budget
  Board and the governor not later than the 30th day after the
  effective date of this Act.
         SECTION 34.  AMERICAN RECOVERY AND REINVESTMENT ACT:
  REPORTING REQUIREMENTS.  (a)  Each state agency and institution of
  higher education receiving appropriations under this Act or under
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), shall develop and
  submit a plan to the Legislative Budget Board and the governor
  providing details on the entity's intended use of appropriations
  received from  money available under the American Recovery and
  Reinvestment Act (ARRA).  The plan shall include a summary of any
  ARRA funds spent, allocated, or encumbered on or before August 31,
  2009.  The report shall be delivered not later than September 30,
  2009.  Unless the Legislative Budget Board and the governor issue a
  written disapproval of proposed expenditures under the plan within
  15 business days after September 30, 2009, the agency or
  institution may expend the funds in accordance with the plan,
  subject to Section 30 of this Act.
         (b)  Each of the agencies and institutions receiving
  appropriations under this Act shall submit quarterly reports on the
  expenditure of funds received from money available under the
  American Recovery and Reinvestment Act (ARRA). The report shall be
  in the format prescribed by the Legislative Budget Board and must
  include the estimated number of jobs that will be created or
  retained in this state and the number of full-time equivalent
  positions that will be created at the agency or institution.  The
  quarterly reports must be submitted on or before December 31, March
  31, June 30, and September 30 of each year to the governor,
  Legislative Budget Board, state auditor's office, and comptroller.
         (c)  Each agency or institution that receives funds from
  money available under the American Recovery and Reinvestment Act
  and that provides reports to the Legislative Budget Board and
  federal agencies regarding funding received from that money 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.
         SECTION 35.  AMERICAN RECOVERY AND REINVESTMENT ACT:
  LEGISLATIVE INTENT.  It is the intent of the legislature that all
  American Recovery and Reinvestment Act funding appropriated by this
  Act or by Senate Bill 1, Acts of the 81st Legislature, Regular
  Session, 2009 (the General Appropriations Act), be allocated as
  prescribed in each respective Act.
         SECTION 36.  DEPARTMENT OF AGING AND DISABILITY SERVICES:
  LIMITATION ON CASELOADS.  From amounts appropriated by Chapter 1428
  (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), for the fiscal year ending August 31,
  2009, the Department of Aging and Disability Services may not at any
  time during the period beginning on the effective date of this Act
  and ending August 31, 2009, exceed the following limitations on the
  total number of clients served under the following appropriation
  items:
               (1)  26,400 clients under Strategy A.3.1, Community
  Based Alternatives (CBA);
               (2)  15,629 clients under Strategy A.3.2, Home and
  Community-based Services (HCS);
               (3)  4,199 clients under Strategy A.3.3, Community
  Living Assistance and Support Services (CLASS);
               (4)  154 clients under Strategy A.3.4, Deaf-blind
  Multiple Disabilities (DBMD);
               (5)  2,745 clients under Strategy A.3.5, Medically
  Dependent Children Program (MDCP);
               (6)  160 clients under Strategy A.3.6, Consolidated
  Waiver Program;
               (7)  994 clients under Strategy A.3.7, Texas Home
  Living Waiver;
               (8)  39,005 clients under Strategy A.4.1, Non-Medicaid
  Services;
               (9)  13,109 clients under Strategy A.4.2, MR Community
  Services;
               (10)  5,442 clients under Strategy A.4.4, In-Home and
  Family Support;
               (11)  3,060 clients under Strategy A.4.5, Mental
  Retardation In-Home Services; and
               (12)  902 clients under Strategy A.5.1, Program of
  All-Inclusive Care for the Elderly (PACE).
         SECTION 37.  HEALTH AND HUMAN SERVICES COMMISSION: TRANSFER
  OF FUNDS APPROPRIATED FOR CHIP SERVICES.  Notwithstanding any
  provision of another Act making appropriations to the contrary, the
  Health and Human Services Commission, without the necessity of
  prior approval by another office or entity, may transfer funds
  appropriated to the commission under Goal C, CHIP Services, or Goal
  B, Medicaid by Chapter 1428 (H.B. 1) Acts of the 80th Legislature,
  Regular Session, 2007 (the General Appropriations Act) between Goal
  C, CHIP Services and Goal B, Medicaid, for the fiscal year ending
  August 31, 2009.
         SECTION 38.  DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
  SERVICES: APPROPRIATION REDUCTION.  The unencumbered
  appropriations made by Chapter 1428 (H.B. 1), Acts of the 80th
  Legislature, Regular Session, 2007 (the General Appropriations
  Act), from the general revenue fund for Vocational Rehabilitation
  (Fund 8007) to the Department of Assistive and Rehabilitative
  Services for use during the state fiscal biennium ending August 31,
  2009, under Strategy B.3.1, Vocational Rehabilitation-General, are
  reduced by $2,931,371.
         SECTION 39.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
  APPROPRIATION REDUCTION AND RELATED TRANSFER AUTHORITY.  (a)  The
  unencumbered appropriations from the general revenue fund
  appropriated to the Department of Family and Protective Services
  for use during the state fiscal biennium ending August 31, 2009,
  made by Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), are reduced by the
  following amounts:
               (1)  $3,961,399 under Strategy A.2.1, CPS Direct
  Delivery Staff;
               (2)  $1,769,065 under Strategy A.2.12, STAR Program;
               (3)  $1,100,000 under Strategy A.2.13, CYD Program; and
               (4)  $1,368,000 under Strategy A.2.16, Other At-Risk
  Prevention Programs.
         (b)  Notwithstanding any limitation on transfer among
  appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
  the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), for the fiscal year ending August 31, 2009,
  the Department of Family and Protective Services may transfer
  federal funds from the following items of appropriation to Strategy
  A.2.1, CPS Direct Delivery Staff:
               (1)  Strategy A.2.12, STAR Program;
               (2)  Strategy A.2.13, CYD Program;
               (3)  Strategy A.2.14, Texas Families Program; and
               (4)  Strategy A.2.16, Other At-Risk Prevention
  Programs.
         SECTION 40.  HEALTH AND HUMAN SERVICES COMMISSION: TEMPORARY
  ASSISTANCE TO NEEDY FAMILIES GRANTS. Notwithstanding any provision
  of Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), the Health and
  Human Services Commission may use current unexpended TANF balances
  for the purpose of funding an additional $75 one-time grant for a
  total of $105 in the state fiscal year ending August 31, 2009, for
  each TANF child in an effort to maximize funds received by this
  state under the American Recovery and Reinvestment Act of 2009.
         SECTION 41.  TEXAS YOUTH COMMISSION: RESTORATION OF TRANSFER
  AUTHORITY.  Notwithstanding any limitation on transfers among
  appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
  the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), the Texas Youth Commission may transfer an
  amount not to exceed $5,589,975 from Strategy A.1.3, Contracted
  Capacity, to Strategy A.1.2, Institutional Services.
         SECTION 42.  DEPARTMENT OF AGING AND DISABILITY SERVICES:
  APPROPRIATION REDUCTION.  As a result of savings created by the
  American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
  the unencumbered appropriations from the general revenue fund
  appropriated to the Department of Aging and Disability Services for
  use during the state fiscal biennium ending August 31, 2009, by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act) under Strategy
  A.6.1, Nursing Facility Payments, are reduced by $473,774,915.
         SECTION 43.  DEPARTMENT OF AGING AND DISABILITY SERVICES:
  RESTORATION OF TRANSFER AUTHORITY.  (a)  Notwithstanding any
  limitation on transfer among appropriation items prescribed by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), the Department of
  Aging and Disability Services for the fiscal year ending August 31,
  2009, may allocate the reduction in appropriations under Section 42
  of this Act among the items of appropriation listed by Subsection
  (c) of this section.
         (b)  Notwithstanding any limitation on transfer among
  appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
  the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), the Department of Aging and Disability
  Services for the fiscal year ending August 31, 2009, may allocate
  the additional amount appropriated under Section 49 of this Act
  among the items of appropriation listed by Subsection (c) of this
  section.
         (c)  The Department of Aging and Disability Services may
  allocate the additional and reduced amounts appropriated as
  described by Subsections (a) and (b) of this section among the
  following items of appropriation:
               (1)  A.2.1, Primary Home Care;
               (2)  A.2.2, Community Attendant Services;
               (3)  A.2.3, Day Activity and Health Services (DAHS);
               (4)  A.3.1, Community-based Alternatives (CBA);
               (5)  A.3.2, Home and Community-based Services (HCS);
               (6)  A.3.3, Community Living Assistance and Support
  Services (CLASS);
               (7)  A.3.4, Deaf-blind Multiple Disabilities (DBMD);
               (8)  A.3.5, Medically Dependent Children Program
  (MDCP);
               (9)  A.3.6, Consolidated Waiver Program;
               (10)  A.3.7, Texas Home Living Waiver;
               (11)  A.5.1, Program of All-Inclusive Care for the
  Elderly (PACE);
               (12)  A.6.1, Nursing Facility Payments;
               (13)  A.6.2, Medicare Skilled Nursing Facility;
               (14)  A.6.3, Hospice;
               (15)  A.6.4, Promoting Independence by Providing
  Community-based Client Services;
               (16)  A.7.1, Intermediate Care Facilities - Mental
  Retardation (ICF/MR); and
               (17)  A.8.1, MR State Schools Services.
         SECTION 44.  DEPARTMENT OF CRIMINAL JUSTICE:  CORRECTIONAL
  SECURITY EQUIPMENT.  (a)  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $10,000,000 is appropriated out of the general
  revenue fund to the Texas Department of Criminal Justice for the
  two-year period beginning on the effective date of this Act for the
  purpose of purchasing correctional security equipment.
         (b)  In addition to the capital budget authority previously
  granted for the state fiscal biennium ending August 31, 2009, the
  Department of Criminal Justice may use $10,000,000 in capital
  budget authority for an additional capital budget item for the
  acquisition of capital equipment and items.
         SECTION 45.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
  APPROPRIATION REDUCTION.  As a result of savings created by the
  American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
  the unencumbered amounts appropriated from the general revenue fund
  to the Department of Family and Protective Services for use during
  the state fiscal biennium ending August 31, 2009, by Chapter 1428
  (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), are reduced by the following amounts:
               (1)  $10,976,561 under Strategy A.2.10, Foster Care
  Payments; and
               (2)  $7,565,224 under Strategy A.2.11, Adoption
  Subsidy Payments.
         SECTION 46.  HEALTH AND HUMAN SERVICES COMMISSION:
  APPROPRIATION REDUCTION.  As a result of savings created by the
  American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5),
  the unencumbered amounts appropriated from the general revenue fund
  to the Health and Human Services Commission for use during the state
  fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B. 1),
  Acts of the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), under Strategy B.1.4, Children and Medically
  Needy, are reduced by $1,127,526,993.
         SECTION 47.  HEALTH AND HUMAN SERVICES COMMISSION:
  RESTORATION OF TRANSFER AUTHORITY. (a)  Notwithstanding any
  limitation on transfer among appropriation items prescribed by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), the Health and
  Human Services Commission for the fiscal year ending August 31,
  2009, may allocate the reduction in appropriations under Section 46
  of this Act among the items of appropriation listed under Goal B,
  Medicaid.
         (b)  Notwithstanding any limitation on transfer among
  appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
  the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), the Health and Human Services Commission for
  the fiscal year ending August 31, 2009, may allocate the additional
  amount appropriated under Section 52(2) of this Act among the items
  of appropriation listed under Goal B, Medicaid.
         SECTION 48.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
  APPROPRIATION REDUCTION.  The unencumbered amounts appropriated to
  the Department of Family and Protective Services for use during the
  state fiscal biennium ending August 31, 2009, by Chapter 1428 (H.B.
  1), Acts of the 80th Legislature, Regular Session, 2007 (the
  General Appropriations Act), under Strategy A.2.10, Foster Care
  Payments, are reduced by the following amounts:
               (1)  $24,041,141 out of the general revenue fund
  appropriations for that strategy; and
               (2)  $25,534,391 out of the federal funds (TANF)
  appropriations for that strategy.
         SECTION 49.  DEPARTMENT OF AGING AND DISABILITY SERVICES:
  ADDITIONAL APPROPRIATIONS.  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $74,351,306 is appropriated out of the general
  revenue fund to the Department of Aging and Disability Services
  under Strategy A.6.1, Nursing Facility Payments, for the fiscal
  year ending August 31, 2009.
         SECTION 50.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
  ADDITIONAL APPROPRIATIONS.  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the Department of Family and Protective Services is appropriated
  for the fiscal year ending August 31, 2009, the following amounts
  for the following purposes:
               (1)  $7,211,846 from the general revenue fund under
  Strategy A.2.11, Adoption Subsidy Payments;
               (2)  $6,657,839 from the general revenue fund under
  Strategy C.1.1, CPS Reform Continued;
               (3)  $3,732,979 in federal funds (TANF) under Strategy
  C.1.1, CPS Reform Continued;
               (4)  $14,248,456 from the general revenue fund under
  Strategy A.3.1, APS Direct Delivery Staff, for the loss of Medicaid
  federal funds;
               (5)  $18,620,948 in federal funds (TANF) under Strategy
  A.2.1, CPS Direct Delivery Staff, for enterprise support services;
  and
               (6)  $6,693,100 from the general revenue fund under
  Strategy A.2.3, TWC Foster Day Care.
         SECTION 51.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES:
  RESTORATION OF TRANSFER AUTHORITY.  (a)  Notwithstanding any
  limitation on transfer among appropriation items prescribed by
  Chapter 1428 (H.B. 1), Acts of the 80th Legislature, Regular
  Session, 2007 (the General Appropriations Act), for the fiscal year
  ending August 31, 2009, the Department of Family and Protective
  Services may allocate any amounts appropriated in Sections 50(4)
  and 50(5) of this Act among the following items of appropriation:
               (1)  Strategy A.1.1, Statewide Intake Services;
               (2)  Strategy A.2.1, CPS Direct Delivery Staff;
               (3)  Strategy A.2.2, CPS Program Support;
               (4)  Strategy A.3.1, APS Direct Delivery Staff;
               (5)  Strategy A.3.2, APS Program Support;
               (6)  Strategy A.3.3, MH and MR Investigations;
               (7)  Strategy A.4.1, Child Care Regulation;
               (8)  Strategy B.1.1, Central Administration;
               (9)  Strategy B.1.2, Other Support Services;
               (10)  Strategy B.1.3, Regional Administration; and
               (11)  Strategy B.1.4, IT Program Support.
         (b)  Notwithstanding any limitation on transfer among
  appropriation items prescribed by Chapter 1428 (H.B. 1), Acts of
  the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), the Department of Family and Protective
  Services for the fiscal year ending August 31, 2009, may transfer to
  Strategy A.2.4, TWC Protective Day Care, amounts appropriated by
  Section 50(6) of this Act to Strategy A.2.3, TWC Foster Day Care.
         SECTION 52.  HEALTH AND HUMAN SERVICES COMMISSION:
  ADDITIONAL APPROPRIATIONS.  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the Health and Human Services Commission is appropriated for the
  fiscal year ending August 31, 2009, the following amounts for the
  following purposes:
               (1)  $759,113,979 from the general revenue fund under
  Goal B, Medicaid; and
               (2)  $323,850,650 from the general revenue fund under
  Strategy B.2.3, Medicare Federal Give Back.
         SECTION 53.  DEPARTMENT OF STATE HEALTH SERVICES: REMOVAL OF
  CERTAIN LIMITATIONS.  (a)  In order to meet an expected shortfall
  within the mental health hospital system, the limitations
  prescribed by the following provisions of Chapter 1428 (H.B. 1),
  Acts of the 80th Legislature, Regular Session, 2007 (the General
  Appropriations Act), do not limit appropriations made to the
  Department of State Health Services for the fiscal year ending
  August 31, 2009:
               (1)  Section 8.03(e), Article IX (Reimbursements and
  Payments);
               (2)  Section 14.01, Article IX (Appropriation
  Transfers);
               (3)  Section 49, Article II, Special Provisions,
  Contingent Appropriation of Medicare Part D Savings;
               (4)  Rider 46, State Owned Multicategorical Teaching
  Hospital Account (UTMB), following the appropriations to the
  Department of State Health Services; and
               (5)  Rider 55, County Indigent Health Care, following
  the appropriations to the Department of State Health Services.
         (b)  The Department of State Health Services shall report to
  the Legislative Budget Board not later than October 1, 2009,
  regarding each instance in which the Department of State Health
  Services transferred funds to meet the shortfall within the mental
  health hospital system.  The report shall include at a minimum the
  items of appropriation from which the funds were transferred, the
  items of appropriation to which the funds were transferred, the
  amount and method of finance of funds used in each transfer, and any
  other information requested by the Legislative Budget Board.
         SECTION 54.  HEALTH AND HUMAN SERVICES COMMISSION:
  ADDITIONAL FEDERAL MEDICAID FUNDING. In addition to amounts
  previously appropriated for the state fiscal biennium ending August
  31, 2009, the amount of $1,619,843,693 is appropriated out of funds
  received under the American Recovery and Reinvestment Act of 2009
  (Pub. L. No. 111-5) to the Health and Human Services Commission for
  the two-year period beginning on the effective date of this Act for
  the purpose of increased federal funding for Medicaid and foster
  care/adoption subsidies.
         SECTION 55.  APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
  NATURAL DISASTERS. (a)  The following amounts are appropriated out
  of the general revenue fund to the following agencies and
  institutions of higher education for the two-year period beginning
  on the effective date of this Act for the purpose of paying for, or
  reimbursing payments made for, costs incurred by the agencies or
  institutions associated with damages or disruptions caused by
  natural disasters that occurred before the effective date of this
  Act during the state fiscal biennium that began September 1, 2007:
               (1)  UT Medical Branch at Galveston: $150,000,000;
               (2)  Brazosport College: $120,111;
               (3)  Parks and Wildlife Department: $12,000,000;
               (4)  UT M.D. Anderson Cancer Center: $1,725,995;
               (5)  Alvin College: $2,358,771;
               (6)  Texas A&M Galveston: $6,200,000;
               (7)  Texas Forest Service: $385,091;
               (8)  Houston Community College: $1,507,670;
               (9)  Commission on Environmental Quality: $4,600,000;
               (10)  San Jacinto College: $3,045,820;
               (11)  Galveston College: $407,406;
               (12)  Texas Engineering Extension Service: $1,200,000;
               (13)  Adjutant General's Department: $1,244,007;
               (14)  The University of Texas at Brownsville:
  $1,200,000;
               (15)  Lamar University: $2,803,561;
               (16)  Lamar Institute of Technology: $2,007,758;
               (17)  Lamar State College: Port Arthur: $829,530;
               (18)  Texas Southern University: $9,720,192;
               (19)  College of the Mainland: $176,236;
               (20)  The University of Texas Pan American: $102,258;
               (21)  The University of Texas Health Center at Tyler:
  $1,461,557;
               (22)  The University of Texas Health Science Center at
  Houston: $1,000,000;
               (23)  University of Houston System Administration:
  $7,339,000;
               (24)  Texas State Technical College: Harlingen:
  $904,558;
               (25)  Lamar State College: Orange: $600,000;
               (26)  Prairie View A&M University: $488,864;
               (27)  Lee College: $137,554; and
               (28)  Department of Agriculture: $20,000,000.
         (b)  For each appropriation made to an entity by this section
  in an amount that exceeds $5,000,000, the comptroller shall
  separately account for expenditures from that item of appropriation
  and for reimbursements to the general revenue fund made in
  connection with that item of appropriation in accordance with
  Section 62 of this Act by creating, for accounting purposes, a
  separate account within the general revenue fund.  Expenditures
  from each item of appropriation subject to this section shall be
  made from the separate account created for that item and
  reimbursements to the general revenue fund made in connection with
  that item of appropriation in accordance with Section 62 of this Act
  shall be deposited to that separate account.  It is the intent of
  the 81st Legislature that the 82nd Legislature appropriate for
  further recovery efforts from the natural disaster that are still
  being made or paid for by the entity that received the appropriation
  any money received as reimbursements to the general revenue fund in
  connection with the appropriation to that entity and separately
  accounted for in accordance with this subsection.
         (c)  The amount appropriated by this section to UT Medical
  Branch at Galveston may be spent only to provide matching funds for
  FEMA qualifying projects, except that if that amount cannot be
  prudently and effectively spent in that manner, the remainder of
  the $150,000,000 appropriation may be spent only with the prior
  written approval of the Legislative Budget Board.
         (d)  The amounts appropriated by this section to the
  Department of Agriculture shall be spent to compensate the Texas
  Boll Weevil Eradication Foundation for a portion of the
  foundation's increased expenses incurred because of Hurricane Ike
  and Hurricane Dolly. The Texas Boll Weevil Eradication Foundation
  and the Department of Agriculture must approve the allocation of
  funds appropriated by this section to each eligible boll weevil
  eradication zone. The Department of Agriculture shall remit the
  amounts appropriated by this section to the Texas Boll Weevil
  Eradication Foundation, and the foundation shall credit the funds
  to the accounts of the following boll weevil eradication zones:
               (1)  Southern Blacklands;
               (2)  Northern Blacklands;
               (3)  Upper Coastal Bend;
               (4)  South Texas/Winter Garden; and
               (5)  Lower Rio Grande Valley.
         SECTION 56.  APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
  WILDFIRES. The amount of $31,478,218 is appropriated out of the
  general revenue fund to the Texas Forest Service for the two-year
  period beginning on the effective date of this Act for the purpose
  of paying for, or reimbursing payments made for, costs incurred by
  the Texas Forest Service associated with wildfires that occurred
  before the effective date of this Act during the state fiscal
  biennium that began September 1, 2007.
         SECTION 57.  APPROPRIATIONS FOR GENERAL COSTS CAUSED BY
  FLOODING. The amount of $69,339 is appropriated out of the general
  revenue fund to the Texas Forest Service for the two-year period
  beginning on the effective date of this Act for the purpose of
  paying for, or reimbursing payments made for, costs incurred by the
  forest service associated with flooding that occurred before the
  effective date of this Act during the state fiscal biennium that
  began September 1, 2007.
         SECTION 58.  CERTAIN APPROPRIATIONS FOR DISASTER RELIEF.  
  (a)  The amount of $62 million is appropriated out of the general
  revenue fund to the Trusteed Programs within the Office of the
  Governor for the two-year period beginning on the effective date of
  this Act for the purpose of providing disaster relief in accordance
  with this section. The prior approval of the Legislative Budget
  Board given or considered to be given as provided by this subsection
  is required to expend funds for the purpose of providing
  reimbursements for post disaster recovery expenditures. The
  Governor's Division of Emergency Management shall provide
  information regarding proposed expenditures of funds for this
  purpose to the Legislative Budget Board in a format provided by the
  board. If the Legislative Budget Board does not disapprove a
  proposed reimbursement for post disaster recovery expenditures
  within 10 days of receiving the required information, the proposed
  expenditure is considered automatically approved.
         (b)  The amounts appropriated by Subsection (a) of this
  section may be transferred to the disaster contingency fund and
  expended out of the disaster contingency fund only serially as
  conditions warrant.  
         (c)  Out of amounts appropriated in Subsection (a) of this
  section, it is the intent of the legislature that $1,508,450 be used
  to pay for air ambulance services in connection with emergency
  evacuation operations during Hurricane Rita conducted from
  September 21 through September 29, 2005.
         (d)  Out of amounts appropriated by Subsection (a) of this
  section, it is the intent of the legislature that the governor
  coordinate with the Texas Education Agency to reimburse eligible
  school districts in an aggregate amount not to exceed $10 million
  for qualifying disaster remediation costs.
         (e)  Out of amounts appropriated by Subsection (a) of this
  section, it is the intent of the legislature that the Governor's
  Division of Emergency Management shall reimburse the Texas
  Engineering Extension Service for costs incurred in connection with
  the response of the Texas Task Force 1 to certain flooding.
         (f)  Out of amounts appropriated by Subsection (a) of this
  section, it is the intent of the legislature that the Governor's
  Division of Emergency Management may reimburse the General Land
  Office for repairs made to the protective dune system for County
  Road 257.
         SECTION 59.  UNIVERSITY OF TEXAS AT AUSTIN: HOLD HARMLESS.  
  (a)  In addition to amounts previously appropriated for the state
  fiscal biennium ending August 31, 2009, the amount of $9,902,630 is
  appropriated out of the general revenue fund to The University of
  Texas at Austin for the two-year period beginning on the effective
  date of this Act for the purpose of providing The University of
  Texas the 2008-2009 biennium formula hold harmless amount.
         (b)  From appropriations made by Subsection (a) of this
  section, The University of Texas at Austin shall direct the amount
  of $700,000 to the Marine Science Institute to support the National
  Estuarine Research Reserve.
         SECTION 60.  TRUSTEED PROGRAMS WITHIN THE OFFICE OF THE
  GOVERNOR: DEBRIS REMOVAL.  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $16,565,040 is appropriated out of the general
  revenue fund to the Trusteed Programs within the Office of the
  Governor for the two-year period beginning on the effective date of
  this Act for the Governor's Division of Emergency Management to
  remove debris from Harris County, Jefferson County, Chambers
  County, Brazoria County, Galveston County, and the City of Houston.
         SECTION 61.  TEXAS STATE UNIVERSITY SYSTEM: DISASTER
  RECOVERY REIMBURSEMENTS. It is the intent of the legislature that
  all funds received after the effective date of this Act by the Texas
  State University System or its component institutions for
  reimbursement of disaster recovery related expenditures associated
  with Hurricane Katrina and Hurricane Rita shall be immediately
  deposited to the credit of unappropriated general revenue. These
  funds include, but are not limited to, an estimated $9,100,000 in
  Federal Emergency Management Agency (FEMA) reimbursements.
         SECTION 62.  REIMBURSEMENT TO GENERAL REVENUE FUND. (a) If
  any state agency or institution of higher education receives
  reimbursement from the federal government, an insurer, or another
  source for an expenditure paid for or reimbursed under Sections 9,
  15, 52, 55, 56, or 57 of this Act, the agency or institution shall
  reimburse the state in an amount equal to the general revenue funds
  expended for damages that is proportional to the total expenditures
  for damages described under Sections 9, 15, 52, 55, 56, or 57 of
  this Act, and that amount shall be deposited to the credit of the
  general revenue fund.
         (b)  If any state agency or institution of higher education
  receives reimbursement from the federal government, an insurer, or
  another source for an expenditure paid for or reimbursed under
  Section 58 or 60 of this Act, the agency or institution shall
  reimburse the state by depositing the amount of the reimbursement
  to the credit of the Trusteed Programs within the Office of the
  Governor. Amounts deposited under this subsection are
  reappropriated to the Trusteed Programs within the Office of the
  Governor for disaster preparedness and recovery costs for the
  two-year period beginning on the effective date of this Act.
         SECTION 63.  DEBT SERVICE PAYMENTS - NON-SELF SUPPORTING
  GENERAL OBLIGATION WATER BONDS: APPROPRIATION REDUCTION.  The
  unencumbered appropriations from the general revenue fund
  appropriated to the Water Development Board for Debt Service
  Payments for Non-Self Supporting G.O. Water Bonds for use during
  the state fiscal biennium ending August 31, 2009, made by Chapter
  1428 (H.B. 1), Acts of the 80th Legislature, Regular Session, 2007
  (the General Appropriations Act), are reduced by the following
  amounts:
               (1)  $15,820,198 from Strategy A.1.2, State
  Participation Debt Service;
               (2)  $15,231,801 from Strategy A.1.1, EDAP Debt
  Service;
               (3)  $3,354 from Strategy A.1.3, AG Water Conservation
  Debt; and
               (4)  $1,894,416 from Strategy A.1.4, WIF Debt Service.
         SECTION 64.  STATE AUDITOR AUTHORITY: DISASTER RELIEF
  APPROPRIATIONS. An entity receiving funds under this Act
  appropriated for disaster relief, including an entity receiving
  funds appropriated in response to a natural disaster and a unit of
  local government receiving funds appropriated for transfer to and
  expenditure out of the disaster contingency fund, is subject to
  audit by the state auditor based on a risk assessment made by the
  state auditor in developing the annual audit plan under Chapter
  321, Government Code.  As part of the risk assessment of an entity,
  including a unit of local government, the state auditor may
  consider:
               (1)  the amount of money directly appropriated to an
  entity by this Act or received by a unit of local government out of
  money appropriated for transfer to and expenditure out of the
  disaster contingency fund by this Act;
               (2)  the amount of money reimbursed under a provision
  of this Act requiring that the general revenue fund or disaster
  contingency fund be reimbursed under certain circumstances; and
               (3)  the methodology used by an entity, including a
  unit of local government, to estimate a loss caused by a disaster.
         SECTION 65.  GENERAL LAND OFFICE: FEMA REIMBURSEMENTS.  (a)  
  Reimbursements received from the Federal Emergency Management
  Agency (an estimated amount of $39 million) for expenses incurred
  by the General Land Office in removing debris caused by Hurricane
  Ike and paid for with $39 million in emergency funds transferred
  from the Texas Public Finance Authority are appropriated to the
  General Land Office for the period ending on May 30, 2011, for the
  purpose of funding coastal management programs of the land office,
  including debris and structure removal, derelict structure
  buyouts, shoreline stabilization, dune restoration, beach
  renourishment, coastal erosion mitigation, and other coastal
  projects authorized by statute.
         (b)  Not later than May 31, 2011, the General Land Office
  shall deposit to the credit of undedicated general revenue an
  amount equal to the amount of reimbursements received and
  appropriated to the General Land Office under Subsection (a) of
  this section.
         SECTION 66.  APPROPRIATIONS ALLOCATED TO APPROPRIATE
  GENERAL APPROPRIATIONS ACT STRATEGIES. Except as otherwise
  provided by this Act, the agencies and institutions receiving
  appropriations made by this Act shall allocate the appropriations
  to the appropriate General Appropriations Act strategies.
         SECTION 67.  DEPARTMENT OF ASSISTIVE AND REHABILITATIVE
  SERVICES: AUTISM.  (a)  In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $6,600,000 is appropriated out of the general revenue
  fund to the Department of Assistive and Rehabilitative Services for
  the two-year period beginning on the effective date of this Act to
  provide autism services for children ages three to eight.
         (b)  Out of the funds appropriated in this section, the
  Department of Assistive and Rehabilitative Services shall make
  every effort to attain the following performance measure targets:
               (1)  provide autism services to an average of 127
  children per month for the fiscal year ending August 31, 2010, and
  provide autism services to an average of 127 children per month for
  the fiscal year ending August 31, 2011;
               (2)  provide autism services at an average monthly cost
  per child of $2,185 for the fiscal year ending August 31, 2010, and
  provide autism services at an average monthly cost per child of
  $2,185 for the fiscal year ending August 31, 2011;
               (3)  provide autism services to 224 children by the end
  of the fiscal year ending August 31, 2010, and provide autism
  services to 224 children by the end of the fiscal year ending August
  31, 2011.
         SECTION 68.  CONTINGENCY FOR DEPARTMENT OF JUSTICE
  SETTLEMENT.  (a)  Contingent on the State of Texas and the United
  States Department of Justice reaching a settlement agreement, the
  Department of Aging and Disability Services is appropriated the
  amount of $45,069,658 out of the general revenue fund for the
  two-year period beginning on the effective date of this Act, for the
  purpose of providing for additional staffing, monitoring
  activities, training, and other one-time costs.
         (b)  Also contingent upon the State of Texas and the United
  States Department of Justice reaching a settlement agreement, in
  addition to the number of full-time equivalent employees (FTEs) the
  Department of Aging and Disability Services is authorized by other
  law to employ during the state fiscal year ending August 31, 2010,
  the department may employ an additional 1,160.0 FTEs during that
  state fiscal year. In addition to the number of full-time
  equivalent employees (FTEs) the Department of Aging and Disability
  Services is authorized by other law to employ during the state
  fiscal year ending August 31, 2011, the department may employ an
  additional 1,160.0 FTEs during that state fiscal year.
         (c)  Contingent on the State of Texas and the United States
  Department of Justice reaching a settlement agreement, the
  Department of Family and Protective Services is appropriated the
  amount of $1,544,907 out of the general revenue fund for the fiscal
  year ending August 31, 2010, and $1,606,426 out of the general
  revenue fund for the period beginning on September 1, 2010, and
  ending on the last effective day of this Act for incident management
  and to ensure the protection from harm, abuse, or neglect for
  residents of state schools.
         (d)  Also contingent upon the State of Texas and the United
  States Department of Justice reaching a settlement agreement, in
  addition to the number of full-time equivalent employees (FTEs) the
  Department of Family and Protective Services is authorized by other
  law to employ during the state fiscal year ending August 31, 2010,
  the department may employ an additional 37.0 FTEs during that state
  fiscal year. In addition to the number of full-time equivalent
  employees (FTEs) the Department of Family and Protective Services
  is authorized by other law to employ during the state fiscal year
  ending August 31, 2011, the department may employ an additional
  43.0 FTEs during that state fiscal year.
         SECTION 69.  TEXAS STATE TECHNICAL COLLEGE SYSTEM
  ADMINISTRATION: RENOVATIONS AND CAPITAL EXPENDITURES. Contingent
  on the enactment of H.B. 2654 or similar legislation relating to
  imposition of the motor vehicle sales tax on motor vehicles
  transferred as the result of a gift by the 81st Legislature, Regular
  Session, 2009, and also contingent on the comptroller certifying
  that the estimated amount of additional general revenue produced by
  the enactment of H.B. 2654 or similar legislation relating to
  imposition of the motor vehicle sales tax on motor vehicles
  transferred as the result of a gift exceeds $10,000,000, the Texas
  State Technical College System Administration is appropriated the
  amount of $10,000,000 out of the general revenue fund for the fiscal
  year ending August 31, 2010, for capital expenditures and
  renovations for collaborative research projects. The legislature
  finds a demonstrated need for these capital expenditures and
  renovations.
         SECTION 70.  TEXAS SOUTHERN UNIVERSITY: MICKEY LELAND AND
  BARBARA JORDAN PAPERS. In addition to amounts previously
  appropriated for the state fiscal biennium ending August 31, 2009,
  the amount of $150,000 is appropriated out of the general revenue
  fund to Texas Southern University for the two-year period beginning
  on the effective date of this Act to ensure the proper preservation
  and display of the Mickey Leland and Barbara Jordan papers
  maintained by the university.
         SECTION 71.  TEXAS PARKS AND WILDLIFE DEPARTMENT: TEXAS
  STATE RAILROAD. In addition to amounts previously appropriated for
  the state fiscal biennium ending August 31, 2009, the amount of
  $1,000,000 is appropriated to the Texas Parks and Wildlife
  Department out of the general revenue fund for the two-year period
  beginning on the effective date of this Act for the purpose of
  supporting the operations of the Texas State Railroad.  The
  comptroller shall release funds provided in this section contingent
  on review and approval by the Legislative Budget Board of a signed
  contract between the Texas State Railroad Authority and the
  railroad operator describing loan terms and regular reporting to
  the Legislative Budget Board on the revolving account.
         SECTION 72.  TEXAS COMMISSION ON ENVIRONMENTAL QUALITY.  In
  addition to amounts previously appropriated for the state fiscal
  biennium ending August 31, 2009, the amount of $2,000,000 is
  appropriated out of the general revenue dedicated account number
  550 to the Texas Commission on Environmental Quality for the
  two-year period beginning on the effective date of this Act for
  conducting hazardous substance removal and disposal activities at
  Ballard Pits, a state superfund site in Nueces County.
         SECTION 73.  DEPARTMENT OF AGING AND DISABILITY SERVICES:  
  CONTINGENCY FOR SENATE BILL 643. (a)  Contingent on the enactment
  by the 81st Legislature, Regular Session, 2009, and becoming law of
  Senate Bill 643 or similar legislation relating to the protection
  and care of persons with mental retardation, the Department of
  Aging and Disability Services is appropriated, in addition to
  amounts previously appropriated for the state fiscal biennium
  ending August 31, 2009, the amount of $19,000,000 from the general
  revenue fund and $19,000,000 from federal funds for the two-year
  period beginning on the effective date of this Act to fully
  implement the provisions of the legislation; to install video
  surveillance equipment in areas defined as nonprivate space for
  residents of state developmental centers and the ICF/MR component
  of the Rio Grande State Center; and to monitor video across shifts
  to detect and prevent abuse and exploitation of residents and
  clients.
         (b)  In addition to the number of full-time equivalent
  employees (FTEs) the Department of Aging and Disability Services is
  authorized by other law to employ during the state fiscal biennium
  ending August 31, 2011, the department may employ an additional
  186.0 FTEs during that state fiscal biennium.
         (c)  Also contingent on enactment by the 81st Legislature,
  Regular Session, 2009 and becoming law of Senate Bill 643 or similar
  legislation relating to the protection and care of persons with
  mental retardation, the Department of Aging and Disability Services
  shall use amounts appropriated by Senate Bill 1, Acts of the 81st
  Legislature, Regular Session, 2009 (the General Appropriations
  Act), to implement name changes, mortality reviews, on-site annual
  surveys of group homes, the Forensic State Supported Living Center,
  an independent ombudsman, a new assistance commissioner,
  behavioral support specialists for alleged offenders, and employee
  background checks, finger printing, and drug testing.
         SECTION 74.  TEXAS COMMISSION ON ENVIRONMENTAL QUALITY:  
  TEXAS EMISSIONS REDUCTION PLAN ACCOUNT.  The Texas Commission on
  Environmental Quality is appropriated the amount of $37,000,000 out
  of the Texas Emissions Reduction Plan Account No. 5071 for the
  two-year period beginning on the effective date of this Act for the
  implementation of activities under Subsection (a) of 386.252 of the
  Health and Safety Code.
         SECTION 75.  DEPARTMENT OF PUBLIC SAFETY:  EMERGENCY
  PREPAREDNESS.  The Department of Public Safety is appropriated the
  amount of $4,500,000 from the general revenue fund under Goal D,
  Emergency Management, for the two-year period beginning on the
  effective date of this Act to be transferred to the Division of
  Emergency Management for staffing and emergency systems to apply
  lessons learned in multiple major disasters in 2007 and 2008 to
  enhance the capability of the state to plan and coordinate
  emergency preparedness, emergency response, and disaster recovery
  operations with local governments and state and federal agencies
  and to fully incorporate the support of industry and volunteer
  groups into emergency operations.  Of the funds appropriated in
  this section, the amount of $1,550,000 shall be used to enhance the
  capabilities of the State Operations Center and the remainder shall
  be used to fund 29 full-time equivalent positions to improve
  preparedness and response capabilities, the delivery of disaster
  assistance, and staffing for disaster-related financial
  management.
         SECTION 76.  TEXAS WORKFORCE COMMISSION:  FEDERALLY FUNDED
  BENEFITS.  To minimize the impact on state funds appropriated in
  this Act or in Senate Bill 1, Acts of the 81st Legislature, Regular
  Session, 2009 (the General Appropriations Act), for the fiscal
  biennium ending August 31, 2011, for unemployment benefits, the
  Texas Workforce Commission may adjust unemployment eligibility
  periods as necessary to maximize receipt of any 100 percent
  federally funded benefit.  This provision does not appropriate
  state funds, nor may additional state funds be appropriated as a
  result of this authorization.  Additional federal funds received by
  the State of Texas resulting from the authorized adjustment are
  appropriated as necessary to comply with Section 2005 of Public Law
  No. 111-5.
         SECTION 77.  EMPLOYEES RETIREMENT SYSTEM:  PILOT PROGRAM TO
  TEST ALTERNATIVE PAYMENT SYSTEMS.  Out of funds appropriated to the
  Employees Retirement System in Senate Bill 1, Acts of the 81st
  Legislature, Regular Session, 2009 (the General Appropriations
  Act), for the fiscal biennium ending August 31, 2011, the Employees
  Retirement System is authorized to establish a pilot program under
  which physicians and health care providers who provide health care
  services to employees and retirees participating in the group
  benefits program are compensated under a payment system designed to
  test alternatives to traditional fee-for-service payments.  To the
  extent practicable, the program must be based on nationally
  recognized quality of care standards and evidence-based best
  practices, and must include policies designed to promote provider
  collaboration and other policies and practices as necessary to
  ensure high-quality and effective health care services.
         SECTION 78.  TEXAS PARKS AND WILDLIFE DEPARTMENT:  LOCAL
  PARK RESTORATION.  Contingent on enactment by the 81st Legislature,
  Regular Session, 2009, and becoming law of H.B. 3391, S.B 1010, or
  similar legislation relating to the continuation and functions of
  the Parks and Wildlife Department, out of funds appropriated to the
  Texas Parks and Wildlife Department in Strategy B.2.1, Local Parks
  Grants in Senate Bill 1, Acts of the 81st Legislature, Regular
  Session, 2009 (the General Appropriations Act), for the fiscal
  biennium ending August 31, 2011, it is the intent of the legislature
  that an amount not to exceed $1,500,000 be provided as matching
  grants to the City of Waco as follows:
               (1)  $373,000 shall be allocated for a one-to-one
  matching grant for the purpose of replacing the existing Oscar Du
  Conge Pool with safe and appropriate public recreational water
  activities in East Waco, such as a splash pad/spray park; and
               (2)  $1,127,000 shall be allocated for a two-to-one
  matching grant for the purpose of restoring, upgrading, or
  replacing the existing public skate park to provide a safe, family
  recreational skating facility.
         SECTION 79.  APPROPRIATIONS FOR ADVANCED CLEAN ENERGY
  PROJECT.  Amounts appropriated by Senate Bill 1, Acts of the 81st
  Legislature, Regular Session, 2009 (the General Appropriations
  Act), to the Trusteed Programs within the Office of the Governor for
  transfer to the Texas Emerging Technology Fund may be used for the
  two-year period beginning on the effective date of this Act for
  expenditures related to clean energy programs or projects, as
  authorized by general law.
         SECTION 80.  UNIVERSITY OF TEXAS HEALTH SCIENCE CENTER AT
  HOUSTON: TRAUMA CARE. The University of Texas Health Science Center
  at Houston is appropriated $6,000,000 from the general revenue
  dedicated account 5111 for the two-year period beginning on the
  effective date of this Act to provide reimbursements for
  uncompensated care.
         SECTION 81.  UNIVERSITY OF TEXAS M.D. ANDERSON CANCER
  CENTER:  UNCOMPENSATED CARE FOR HURRICANE IKE PATIENTS.  The
  University of Texas M.D. Anderson Cancer Center is appropriated
  $2,000,000 from the general revenue fund for the two-year period
  beginning on the effective date of this Act to provide
  reimbursements for uncompensated care for Hurricane Ike patients.
         SECTION 82.  UNIVERSITY OF NORTH TEXAS HEALTH SCIENCE CENTER
  AT FORT WORTH:  TRAUMA CARE.  The University of North Texas Health
  Science Center at Fort Worth is appropriated $2,000,000 from the
  general revenue fund for the two-year period beginning on the
  effective date of this Act to provide reimbursements for
  uncompensated care.
         SECTION 83.  TEXAS PARKS AND WILDLIFE DEPARTMENT: VARIOUS
  FUNCTIONS. The Texas Parks and Wildlife Department is appropriated
  from the general revenue fund for the two-year period beginning on
  the effective date of this Act the following amounts:
               (1)  $2,000,000 to repair hurricane-related damages to
  the Sea Rim State Park ;and
               (2)  $1,000,000 for information technology services.
         SECTION 84.  NAVARRO COLLEGE: REIMBURSEMENTS. Navarro
  College is appropriated $1,500,000 from the general revenue fund
  for the two-year period beginning on the effective date of this Act
  to reimburse the Higher Education Coordinating Board for new campus
  funding.
         SECTION 85.  TEXAS DEPARTMENT OF LICENSING AND REGULATION:
  OPERATIONS. The Texas Department of Licensing and Regulation is
  appropriated $956,000 from the general revenue fund for the
  two-year period beginning on the effective date of this Act for
  operations.
         SECTION 86.  CANCER PREVENTION AND RESEARCH INSTITUTE:
  CERTAIN SALARIES. (a) Notwithstanding any limitation on salary
  rates prescribed by Chapter 1428 (H.B. 1), Acts of the 80th
  Legislature, Regular Session, 2007 (the General Appropriations
  Act), the Executive Director of the Cancer Prevention and Research
  Institute shall be compensated at a rate not to exceed $214,000 per
  fiscal year for the fiscal year ending August 31, 2009, and the
  Chief Scientific Officer of the institute may be compensated at a
  rate not to exceed $212,000 per year for the fiscal year ending
  August 31, 2009.
         (b)  In addition to the rates provided in Subsection (a) of
  this section, the Executive Director may receive a salary
  supplement not to exceed $86,000 for a total combined salary of
  $300,000 out of state and foundation funds for the fiscal year
  ending August 31, 2009. In addition to the rates provided in
  Subsection (a) of this section, the Chief Scientific Officer may
  receive a salary supplement not to exceed $488,000 for a total
  combined salary of $700,000 out of state and foundation funds for
  the fiscal year ending August 31, 2009. The respective salaries
  paid out of appropriated state funds and foundation funds for each
  fiscal year of the biennium to the Executive Director and the Chief
  Scientific Officer of the Institute may not exceed the highest
  salary paid to a chancellor of a public university system.
         SECTION 87.  GENERAL LAND OFFICE: DISASTER MITIGATION
  BUYOUTS. The General Land Office is appropriated $10,000,000 from
  the general revenue fund for the two-year period beginning on the
  effective date of this Act for structure buyouts as authorized by
  Chapter 33, Natural Resources Code.
         SECTION 88.  DEPARTMENT OF STATE HEALTH SERVICES: NORTHSTAR
  BEHAVIORAL HEALTH WAIVER. (a)  Notwithstanding any limitations
  prescribed by Chapter 1428 (H.B. 1), Acts of the 80th Legislature,
  Regular Session, 2007 (the General Appropriations Act), for the
  fiscal year ending August 31, 2009, to the extent that the NorthSTAR
  managed care organization is able to obtain cost savings associated
  with state-approved purchasing arrangements for the purchase of new
  generation medications under Department of State Health Services
  Strategy B.2.4, NorthSTAR Behavioral Health Waiver, NorthSTAR
  managed care organization may expend an equivalent amount from
  Strategy B.2.4, NorthSTAR Behavioral Health Waiver on direct
  services to clients.
         (b)  In addition to amounts previously appropriated for the
  state fiscal biennium ending August 31, 2009, the amount of
  $5,000,000 is appropriated out of the general revenue fund to the
  Department of State Health Services under Strategy B.2.4, NorthSTAR
  Behavioral Health Waiver to provide direct client services.
         SECTION 89.  APPROPRIATION FOR A SINGLE RETENTION PAYMENT
  FOR WORK PERFORMED BY STATE EMPLOYEES. (a)  As used in this
  section, retention payment means a single employee compensation
  payment in the amount of eight hundred dollars ($800) authorized to
  be paid to employees in August, 2009, by each agency of the State of
  Texas through the payroll system, to each employee who was
  continuously employed by the agency from March 31, 2009, through
  August 1, 2009, for work performed by the state employees, but
  subject to the exclusions and limitations under this section.
         (b)  The Comptroller of Public Accounts is appropriated an
  amount estimated to be $42,183,779 out of the General Revenue Fund,
  an amount estimated to be $3,915,109 out of General
  Revenue-Dedicated, an amount estimated to be $21,904,727 out of
  federal funds, and an amount estimated to be $20,260,422 out of
  other funds and accounts, to fund a retention payment for work
  performed by the state employees as described in Subsection (a) of
  this section for employees of state agencies including employees of
  the Higher Education Coordinating Board and employees of a Texas
  A&M University System service agency.
         (c)  This section shall not apply to employees of
  institutions of higher education (except for employees of a service
  agency of The Texas A&M University System), statewide elected
  officials, justices and judges of the appellate and district
  courts, district attorneys, criminal district attorneys, county
  attorneys performing the duties of a district attorney, or line
  item exempt (non-classified) employees.  Additionally, this
  section shall not apply to the following employees:
               (1)  At the Texas Department of Criminal Justice:
                     (A)  Correctional Officer series; and Ranking
  Staff (including Sergeants, Lieutenants, Captains, Majors,
  Assistant Wardens, and Wardens) otherwise provided a pay increase
  under the General Appropriations Act for the 2010-11 Biennium;
                     (B)  Laundry Managers otherwise provided a pay
  increase under the General Appropriations Act for the 2010-11
  Biennium;
                     (C)  Food Service Managers otherwise provided a
  pay increase under the General Appropriations Act for the 2010-11
  Biennium;
                     (D)  Parole Officer series otherwise provided a
  pay increase under the General Appropriations Act for the 2010-11
  Biennium; and
                     (E)  Other unit staff otherwise provided a pay
  increase under the General Appropriations Act for the 2010-11
  Biennium;
               (2)  At the Texas Youth Commission:
                     (A)  Juvenile Correctional Officers series
  otherwise provided a pay increase under the General Appropriations
  Act for the 2010-11 Biennium; and
                     (B)  Other unit staff otherwise provided a pay
  increase under the General Appropriations Act for the 2010-11
  Biennium;
               (3)  Law Enforcement Employees classified under
  Schedule C under Part 2, Article IX of the General Appropriations
  Act for the 2010-11 Biennium otherwise provided a pay increase
  under the General Appropriations Act for the 2010-11 Biennium;
               (4)  At the Parks and Wildlife Department, in the event
  the Comptroller certifies the additional revenue of $11,328,892
  from the Game, Fish and Water Safety Account No. 9, the employees
  provided pay raises from these amounts during the 2010-11
  Biennium may not participate in the $800 retention payment for
  classified employees provided by this Act.
               (5)  In the Judicial branch of state government:
                     (A)  At the Supreme Court and the Court of
  Criminal Appeals:
                           (1)  the staff attorneys;
                           (2)  law clerks; and
                           (3)  court administrative staff;
                     (B)  At the 14 Appellate Courts:
                           (1)  staff attorneys;
                           (2)  law clerks; and
                           (3)  employees whom a Court of Appeals
  designates as receiving salary increases from the block grant
  appropriated for the 14 Courts of Appeals in the 2010-11 Biennium;
                     (C)  At the State Law Library, all positions; and
                     (D)  At the State Commission on Judicial Conduct,
  the General Counsel and attorney staff;
               (6)  At all agencies, financial examiners otherwise
  provided a pay increase under the General Appropriations Act for
  the 2010-11 Biennium; and
               (7)  At all agencies, employees who earned amounts
  greater than $100,000.00 per year calculated as may be prescribed
  by rules adopted by the Comptroller in order to achieve the
  legislative objective of excluding employees who earn salaries
  greater than either $8,334.00 per month or $100,000.00 per year
  from receiving the retention payment.
         (d)  For employees paid the retention payment authorized
  under this section, any increase in employee benefits costs
  associated with the retention payment as described above shall be
  paid exclusively from appropriations made above in Subsection (b)
  of this section except for county extension agents who may receive a
  retention payment solely from appropriations made from the general
  revenue fund.
         (e)  Provisions requiring salaries and benefits to be
  proportional to the source of funds shall apply to all sums
  allocated under this section for the payment of a retention payment
  as if the retention payment was a part of the employee's regular
  compensation, except as may otherwise be provided. Each agency
  shall pay the retention payment from funds held in the state
  treasury and from local funds in the same proportion as the
  employee's regular compensation.
         (f)  The Comptroller shall adopt rules as necessary to
  administer this section. Funds appropriated in this section shall
  be allocated to each agency, and to the appropriate employee
  benefit appropriation items, in accordance with such rules and may
  be used only for the purpose of providing a retention payment and
  paying associated employee benefit costs.
         (g)  This section does not authorize an increase of
  classified salary rates above the rates listed in the classified
  salary schedules A, B, and C (as applicable) under Part 2, Article
  IX of the General Appropriations Act for the 2010-11 Biennium. This
  section authorizes each agency to pay a retention payment to each
  eligible employee of that agency from funds appropriated by this
  Act.
         (h)  Agencies subject to a special provisions rider
  "Appropriations Limited to Revenue Collections" of the General
  Appropriations Act for the 2010-11 Biennium shall increase revenues
  as necessary to cover the increased retention payment amounts
  appropriated above. Revenues to general revenue and general revenue
  dedicated funds due to the retention payment increase described
  above are estimated to be at least $3,400,000.
         SECTION 90.  DEPARTMENT OF PUBLIC SAFETY: APPROPRIATIONS FOR
  CERTAIN SALARIES. (a) Notwithstanding the Position Classification
  Plan, under Section 2.01, Article IX, Senate Bill 1, Acts of the
  81st Legislature, Regular Session, 2009 (the General
  Appropriations Act), the Department of Public Safety is
  appropriated for the two-year period beginning on the effective
  date of this Act the following amounts for the following purposes:
               (1)  $3,369,476 out of general revenue dedicated fund
  99 to fund the reclassification of positions for the police
  communications operators and supervisors at the Bureau of Law
  Enforcement Communications and Technology within the Department of
  Public Safety; and
               (2)  $350,000 out of the general revenue dedicated fund
  99 to fund the reclassification of positions for the forensic
  scientists in the Forensic Breath Laboratory Services within the
  Department of Public Safety.
         (b)  The State Classification Officer shall review and
  properly classify the positions affected by Subsection (a) of this
  section pursuant to authority provided under Chapter 654,
  Government Code.
         SECTION 91.  DEPARTMENT OF PUBLIC SAFETY: CERTAIN BORDER
  SECURITY FUNDS. (a) Notwithstanding amounts appropriated under
  Senate Bill 1, Acts of the 81st Legislature, Regular Session, 2009,
  (the General Appropriations Act), in the appropriation to the
  Department of Public Safety for the fiscal year ending August 31,
  2010, the amount of general revenue dedicated account 99
  appropriated to the Department of Public Safety under Strategy
  D.1.1., Emergency Preparedness, is reduced by $5,500,000.
         (b)  Subsection (a), Rider 54, of the bill pattern of the
  Department of Public Safety, under Article V in Senate Bill 1, Acts
  of the 81st Legislature, Regular Session, 2009 (the General
  Appropriations Act), has no effect.
         SECTION 92.  TEXAS A&M INTERNATIONAL UNIVERSITY. OUTREACH
  AND ENROLLMENT. Texas A&M International University is appropriated
  $1,000,000 out of the general revenue fund for the fiscal year
  ending August 31, 2010, and $1,000,000 out of the general revenue
  fund for the period beginning on September 1, 2010, and ending on
  the second anniversary of the effective date of this Act for
  outreach, access, enrollment, advising, tutoring, and retention
  support.
         SECTION. 93.  CONTINGENT APPROPRIATION FOR S.B. 2534.
  Contingent on the enactment of S.B. 2534 or similar legislation
  relating to the creation of an interagency task force on economic
  growth and endangered species by the 81st Legislature, Regular
  Session, 2009, $250,000 is appropriated out of the general revenue
  fund for the fiscal year ending August 31, 2010, to the Texas A&M
  University System for the purpose of operating the Task Force on
  Economic Growth and Endangered Species.
         SECTION 94.  TEXAS PUBLIC FINANCE AUTHORITY: DEBT SERVICE.
  The Texas Public Finance Authority is appropriated $3,200,000 from
  the general revenue fund for the two-year period beginning on the
  effective date of this Act to pay debt service on general obligation
  bonds.
         SECTION 95.  CONTINGENCY APPROPRIATION FOR H.B. 1511. (a)
  Contingent on enactment by the 81st Legislature, Regular Session,
  2009, and becoming law of House Bill 1511, House Bill 2860, or
  Senate Bill 1411, or similar legislation relating to financial
  assistance programs in connection with certain children in the
  conservatorship of the Department of Family and Protective
  Services, the Department of Family and Protective Services is
  appropriated $2,250,638 out of the general revenue fund for the
  fiscal year ending August 31, 2010, and $1,980,067 out of the
  general revenue fund for the period beginning on September 1, 2010,
  and ending on the second anniversary of the effective date of this
  Act, to implement the legislation.
         (b)  Also contingent on enactment by the 81st Legislature,
  Regular Session, 2009, and becoming law of House Bill 1511, House
  Bill 2860, or Senate Bill 1411, or similar legislation relating to
  financial assistance programs in connection with certain children
  in the conservatorship of the Department of Family and Protective
  Services, the Department of Family and Protective Services, in
  addition to the number of full-time equivalent employees (FTEs) the
  Department of Family and Protective Services is authorized by other
  law to employ during the state fiscal biennium ending August 31,
  2011, is authorized to employ an additional 17.0 FTEs during that
  state fiscal biennium.
         SECTION 96.  CONTINGENCY APPROPRIATION FOR S.B. 2323.
  Contingent on enactment by the 81st Legislature, Regular Session,
  2009, and becoming law of Senate Bill 2323 or similar legislation
  relating to the functions of the Texas School Safety Center, Texas
  State University-San Marcos is appropriated out of the general
  revenue fund for Strategy C.1.3, School Safety Center, the amounts
  of $308,612 in the fiscal year ending August 31, 2010, and $308,612
  for the period beginning on September 1, 2010, and ending on the
  second anniversary of the effective date of this Act and is
  authorized to employ an additional four FTEs in each year of the
  biennium to implement provisions of the legislation.
         SECTION 97.  CONTINGENCY APPROPRIATION FOR H.B. 1684.
  Contingent upon the enactment by the 81st Legislature, Regular
  Session, 2009, and becoming law of H.B. 1684 or similar legislation
  relating to the creation and administration of the rural
  veterinarian loan repayment program, the Office of Rural Community
  Affairs is appropriated $500,000 out of the general revenue fund
  for the two-year period beginning on the effective date of this Act
  to implement provisions of the legislation.
         SECTION 98.  CONTINGENCY APPROPRIATION FOR S.B. 174.
  Contingent upon the enactment by the 81st Legislature, Regular
  Session, 2009, and becoming law of S.B. 174 or similar legislation
  relating to educator preparation programs, the Texas Education
  Agency is appropriated $275,000 in State Board for Educator
  Certification fees for the two-year period beginning on the
  effective date of this Act to implement provisions of the
  legislation. The Texas Education Agency may employ an additional
  two full-time equivalents in each fiscal year during the fiscal
  biennium ending August 31, 2011.
         SECTION 99.  UNIVERSITY OF TEXAS AT TYLER: PALESTINE CAMPUS.
  The University of Texas at Tyler is appropriated $1,300,000 out of
  the general revenue fund for the two-year period beginning on the
  effective date of this Act for faculty salaries and facility
  operations at the Palestine campus.
         SECTION 100.  OFFICE OF THE GOVERNOR: RIDER 4. Rider 4 of
  the bill pattern of the Office of the Governor in Senate Bill 1,
  Acts of the 81st Legislature, Regular Session, 2009 (the General
  Appropriations Act), has no effect.
         SECTION 101.  CONTINGENCY APPROPRIATION FOR S.B. 1362.
  Contingent upon the enactment by the 81st Legislature, Regular
  Session, 2009, and becoming law of Senate Bill 1362 or similar
  legislation relating to a Texas Youth Commission comprehensive plan
  to improve student reading skills and behavior, the Texas Education
  Agency is appropriated $375,000 out of the general revenue fund for
  each fiscal year of the biennium beginning September 1, 2009. On a
  determination by the commissioner of education that the Texas Youth
  Commission has developed a comprehensive plan based on research
  that will improve the reading skills and behavior of students
  served by the commission, the commissioner of education shall
  transfer the funds to the Texas Youth Commission for use in
  implementing the comprehensive plan.
         SECTION 102.  CONTINGENCY APPROPRIATION FOR S.B. 1313.
  Contingent on enactment by the 81st Legislature, Regular Session,
  2009, and becoming law of Senate Bill 1313 or similar legislation
  relating to the quality and accessibility of public school career
  and technical training programs and to assistance to students
  concerning postsecondary education and training, the Texas
  Education Agency is appropriated $1,350,000 for the state fiscal
  year ending August 31, 2011, out of the general revenue fund for
  industry certification examinations to non-economically
  disadvantaged students, $540,000 in fiscal year 2011 out of the
  general revenue fund for the State Board Education to conduct a
  course review, and $100,000 in fiscal year 2011 out of the general
  revenue fund to expand the Best Practices Clearinghouse to include
  career and technology education. The Texas Workforce Commission is
  appropriated $100,000 for the state fiscal year ending August 31,
  2011, out of the general revenue fund to develop a list of
  high-demand, high-wage, high-skill occupations that require
  licensure, certification, an associate degree, or a bachelor's
  degree. The Higher Education Coordinating Board is appropriated out
  of the general revenue fund the amount of $2,290,000 for the state
  fiscal year ending August 31, 2011, for training and materials
  dealing with the "College for Texans" program and the amount of
  $100,000 for the state fiscal year ending August 31, 2011, to
  conduct an economic impact study to determine the economic impact
  to the state of secondary and postsecondary education and training.
  The "Number of Full-Time Equivalents" in the Higher Education
  Coordinating Board bill pattern is increased by two FTEs in the
  state fiscal year ending August 31, 2011.
         SECTION 103.  EFFECTIVE DATE.  This Act takes effect
  immediately.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 4586 was passed by the House on April
  17, 2009, by the following vote:  Yeas 143, Nays 4, 1 present, not
  voting; that the House concurred in Senate amendments to H.B. No.
  4586 on May 29, 2009, by the following vote:  Yeas 139, 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. 4586 was passed by the Senate, with
  amendments, on May 27, 2009, 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. 4586, Regular Session of the 81st Legislature, are within
  amounts estimated to be available in the affected fund.
  Certified_____________________
  ______________________________
  Comptroller of Public Accounts 
  APPROVED: __________________
                  Date       
   
           __________________
                Governor