Capital Budget Rider Appropriations (APS 026)

Authorized Appropriation Transfers

What is/is Not Allowed?

The GAA, Article IX, Section 14.03 (h) states:

1. An agency may transfer appropriations:
   1. From a non-capital budget item to a capital budget item.
   2. From a capital budget item to another capital budget item.
   3. From a capital budget item to an additional capital budget item not presented in the agency’s bill pattern.
2. Without the approval of the governor and the Legislative Budget Board:
   1. The amounts transferred during a fiscal year as provided by Subdivision (1) of this Subsection (h) may not exceed 25 percent of either:
      1. The amount of the capital budget item, as presented in the agency’s bill pattern from which funds are being transferred or
      2. The amount of the capital budget item, if presented in the agency’s bill pattern, to which funds are being transferred.
   2. Appropriations may not be transferred directly from a non-capital budget item to an additional capital budget item not presented in the agency’s bill pattern.
   3. Appropriations may not be transferred to an additional capital budget item that is not presented in the agency’s bill pattern if that additional capital budget item was presented to a committee, subcommittee or working group of the 88th Legislature but was not adopted by the 88th Legislature.
   4. An agency that does not have a capital budget provision following its items of appropriation in this Act may not use funds appropriated by this Act for capital budget purposes.
3. An agency may not transfer appropriations from a capital budget item to a non-capital budget item without the prior written approval of the governor and the Legislative Budget Board.
4. An agency may transfer appropriations into data center consolidation, data center services, or shared technology services as defined by Subsection (l)(2). An agency may transfer appropriations for data center consolidation or data center services, or shared technology services as defined by Government Code, Section 2054.386 after obtaining the written approval of the Legislative Budget Board.

Note: The base for calculating the 25 percent transfer is the original capital budget amount per item in the GAA.

Unexpended Balances (UB)

The GAA states that unexpended capital budget balances remaining from the first fiscal year of the biennium are reappropriated for the next fiscal year for the same purpose.

Agencies may also have authority to bring forward unexpended balances between years and between biennia based on riders unique to their agency. Unexpended balances of capital budgets between biennia must be coordinated with your appropriation control officer (ACO).

Additional Information

Additional information can be found in the GAA, Article IX, Section 14.03 or in the agency’s bill pattern.