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AN ACT
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relating to the creation and re-creation of funds and accounts, the |
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dedication and rededication of revenue, and the exemption of |
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unappropriated money from use for general governmental purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In any provision of this Act that |
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does not amend current law, "state agency" means an office, |
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institution, or other agency that is in the executive branch or the |
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judicial branch of state government, has authority that is not |
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limited to a geographical portion of the state, and was created by |
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the constitution or a statute of this state. The term does not |
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include an institution of higher education as defined by Section |
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61.003, Education Code. |
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SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. |
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Except as otherwise specifically provided by this Act, all funds |
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and accounts created or re-created by an Act of the 85th |
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Legislature, Regular Session, 2017, that becomes law and all |
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dedications or rededications of revenue collected by a state agency |
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for a particular purpose by an Act of the 85th Legislature, Regular |
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Session, 2017, that becomes law are abolished on the later of August |
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31, 2017, or the date the Act creating or re-creating the fund or |
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account or dedicating or rededicating revenue takes effect. |
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SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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ACCOUNTS. Section 2 of this Act does not apply to: |
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(1) statutory dedications, funds, and accounts that |
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were enacted before the 85th Legislature convened to comply with |
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requirements of state constitutional or federal law; |
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(2) dedications, funds, or accounts that remained |
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exempt from former Section 403.094(h), Government Code, at the time |
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dedications, accounts, and funds were abolished under that |
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provision; |
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(3) increases in fees or in other revenue dedicated as |
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described by this section; or |
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(4) increases in fees or in other revenue required to |
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be deposited in a fund or account described by this section. |
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SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not |
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apply to funds created under an Act of the 85th Legislature, Regular |
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Session, 2017, for which separate accounting is required by federal |
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law, except that the funds shall be deposited in accounts in the |
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general revenue fund unless otherwise required by federal law. |
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SECTION 5. TRUST FUNDS. Section 2 of this Act does not |
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apply to trust funds or dedicated revenue deposited to trust funds |
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created under an Act of the 85th Legislature, Regular Session, |
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2017, except that the trust funds shall be held in the state |
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treasury, with the comptroller in trust, or outside the state |
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treasury with the comptroller's approval. |
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SECTION 6. BOND FUNDS. Section 2 of this Act does not apply |
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to bond funds and pledged funds created or affected by an Act of the |
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85th Legislature, Regular Session, 2017, except that the funds |
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shall be held in the state treasury, with the comptroller in trust, |
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or outside the state treasury with the comptroller's approval. |
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SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does |
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not apply to funds or accounts that would be created or re-created |
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by the Texas Constitution or revenue that would be dedicated or |
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rededicated by the Texas Constitution under a constitutional |
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amendment proposed by the 85th Legislature, Regular Session, 2017, |
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or to dedicated revenue deposited to funds or accounts that would be |
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so created or re-created, if the constitutional amendment is |
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approved by the voters. |
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SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS AND |
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ACCOUNTS. Section 2 of this Act does not apply to a newly |
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authorized use of a dedicated fund or dedicated account as provided |
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by an Act of the 85th Legislature, Regular Session, 2017, to the |
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extent: |
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(1) the fund or account was exempted from funds |
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consolidation before January 1, 2017; and |
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(2) the newly authorized use is within the scope of the |
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original dedication of the fund or account. |
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SECTION 9. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2017, Sections 403.095(b), (d), and (f), |
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Government Code, are amended to read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues that |
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on August 31, 2019 [2017], are estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the 85th [84th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the 85th [84th] |
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Legislature, the comptroller shall reduce each dedicated account as |
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directed by the legislature by an amount that may not exceed the |
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amount by which estimated revenues and unobligated balances exceed |
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appropriations. The reductions may be made in the amounts and at |
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the times necessary for cash flow considerations to allow all the |
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dedicated accounts to maintain adequate cash balances to transact |
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routine business. The legislature may authorize, in the General |
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Appropriations Act, the temporary delay of the excess balance |
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reduction required under this subsection. This subsection does not |
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apply to revenues or balances in: |
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(1) funds outside the treasury; |
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(2) trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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(3) funds created by the constitution or a court; or |
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(4) funds for which separate accounting is required by |
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federal law. |
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(f) This section expires September 1, 2019 [2017]. |
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SECTION 10. CANCER PREVENTION AND RESEARCH INTEREST AND |
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SINKING FUND. (a) The comptroller of public accounts shall |
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establish the cancer prevention and research interest and sinking |
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fund in accordance with Section 102.270, Health and Safety Code, as |
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if the cancer prevention and research interest and sinking fund had |
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not been abolished by operation of Section 2, Chapter 839 (H.B. 6), |
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Acts of the 83rd Legislature, Regular Session, 2013. The cancer |
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prevention and research interest and sinking fund is re-created by |
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this Act. The dedication of revenue to the fund made by Section |
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102.270(b), Health and Safety Code, for the purposes specified by |
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Section 102.270(c), Health and Safety Code, that was abolished by |
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operation of Section 2, Chapter 839 (H.B. 6), Acts of the 83rd |
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Legislature, Regular Session, 2013, is rededicated by this Act for |
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the same purposes. |
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(b) Section 2 of this Act does not apply to the re-creation |
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of the cancer prevention and research interest and sinking fund and |
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rededication of revenue to that fund made by Subsection (a) of this |
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section. |
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SECTION 11. NATIONAL MUSEUM OF THE PACIFIC WAR MUSEUM FUND; |
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DEDICATION OF REVENUE. Section 2 of this Act does not apply to the |
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National Museum of the Pacific War museum fund created as a fund |
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outside the state treasury, or to the dedication of revenue made to |
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that fund, by House Bill No. 1492, Senate Bill No. 694, or other |
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similar legislation of the 85th Legislature, Regular Session, 2017, |
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that becomes law. |
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SECTION 12. ALAMO COMPLEX ACCOUNT; DEDICATION OF REVENUE. |
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Section 2 of this Act does not apply to the Alamo complex account |
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created as an account outside the state treasury by House Bill |
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No. 1831, Senate Bill No. 1156, or other similar legislation of the |
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85th Legislature, Regular Session, 2017, that becomes law, or to |
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the dedication of revenue made to that account by Section 31.454, |
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Natural Resources Code, for the purposes specified by that section. |
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SECTION 13. DEDICATION OF REVENUE TO WATER RESOURCE |
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MANAGEMENT ACCOUNT. Section 2 of this Act does not apply to the |
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dedication of fees, interest and penalties, and other amounts |
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described by Section 371.061, Health and Safety Code, to the water |
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resource management account as provided by S.B. No. 1105, H.B. |
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No. 3026, or similar legislation of the 85th Legislature, Regular |
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Session, 2017, that becomes law. |
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SECTION 14. Section 2 of this Act does not apply to a fund or |
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account that is created or re-created, or a dedication or |
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rededication of revenue collected by a state agency for a |
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particular purpose made, by any of the following Acts of the 85th |
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Legislature, Regular Session, 2017, that become law: |
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(1) House Bill No. 7 or similar legislation; |
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(2) House Bill No. 51 or similar legislation; |
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(3) House Bill No. 108 or similar legislation; |
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(4) House Bill No. 245 or similar legislation; |
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(5) House Bill No. 263 or similar legislation; |
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(6) House Bill No. 271 or similar legislation; |
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(7) House Bill No. 555 or similar legislation; |
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(8) House Bill No. 561 or similar legislation; |
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(9) House Bill No. 572 or similar legislation; |
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(10) House Bill No. 935 or similar legislation; |
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(11) House Bill No. 1256 or similar legislation; |
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(12) House Bill No. 1407 or similar legislation; |
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(13) House Bill No. 1512 or similar legislation; |
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(14) House Bill No. 1691 or similar legislation; |
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(15) House Bill No. 1724 or similar legislation; |
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(16) House Bill No. 1729 or similar legislation; |
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(17) House Bill No. 1818 or similar legislation; |
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(18) House Bill No. 2004 or similar legislation; |
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(19) House Bill No. 2068 or similar legislation; |
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(20) House Bill No. 2578 or similar legislation; |
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(21) House Bill No. 2612 or similar legislation; |
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(22) House Bill No. 2700 or similar legislation; |
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(23) House Bill No. 2715 or similar legislation; |
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(24) House Bill No. 2943 or similar legislation; |
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(25) House Bill No. 3391 or similar legislation; |
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(26) House Bill No. 3438 or similar legislation; |
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(27) House Bill No. 3521 or similar legislation; |
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(28) House Bill No. 3567 or similar legislation; |
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(29) House Bill No. 3781 or similar legislation; |
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(30) House Bill No. 3849 or similar legislation; |
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(31) House Bill No. 3952 or similar legislation; |
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(32) House Bill No. 3987 or similar legislation; |
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(33) House Bill No. 4102 or similar legislation; |
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(34) House Bill No. 4117 or similar legislation; |
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(35) Senate Bill No. 3 or similar legislation; |
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(36) Senate Bill No. 4 or similar legislation; |
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(37) Senate Bill No. 6 or similar legislation; |
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(38) Senate Bill No. 26 or similar legislation; |
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(39) Senate Bill No. 28 or similar legislation; |
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(40) Senate Bill No. 42 or similar legislation; |
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(41) Senate Bill No. 208 or similar legislation; |
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(42) Senate Bill No. 267 or similar legislation; |
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(43) Senate Bill No. 298 or similar legislation; |
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(44) Senate Bill No. 312 or similar legislation; |
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(45) Senate Bill No. 576 or similar legislation; |
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(46) Senate Bill No. 602 or similar legislation; |
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(47) Senate Bill No. 634 or similar legislation; |
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(48) Senate Bill No. 722 or similar legislation; |
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(49) Senate Bill No. 1001 or similar legislation; |
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(50) Senate Bill No. 1105 or similar legislation; |
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(51) Senate Bill No. 1147 or similar legislation; |
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(52) Senate Bill No. 1185 or similar legislation; |
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(53) Senate Bill No. 1251 or similar legislation; |
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(54) Senate Bill No. 1305 or similar legislation; |
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(55) Senate Bill No. 1330 or similar legislation; |
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(56) Senate Bill No. 1349 or similar legislation; |
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(57) Senate Bill No. 1383 or similar legislation; |
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(58) Senate Bill No. 1422 or similar legislation; |
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(59) Senate Bill No. 1483 or similar legislation; |
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(60) Senate Bill No. 1484 or similar legislation; |
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(61) Senate Bill No. 1516 or similar legislation; |
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(62) Senate Bill No. 1524 or similar legislation; |
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(63) Senate Bill No. 1538 or similar legislation; |
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(64) Senate Bill No. 1588 or similar legislation; |
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(65) Senate Bill No. 1658 or similar legislation; |
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(66) Senate Bill No. 1849 or similar legislation; |
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(67) Senate Bill No. 1923 or similar legislation; |
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(68) Senate Bill No. 2075 or similar legislation; and |
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(69) Senate Bill No. 2076 or similar legislation. |
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SECTION 15. REPEALER. Section 403.095(e), Government Code, |
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is repealed. |
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SECTION 16. EFFECT OF ACT. (a) This Act prevails over any |
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other Act of the 85th Legislature, Regular Session, 2017, |
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regardless of the relative dates of enactment, that purports to |
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create or re-create a special fund or account or to dedicate or |
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rededicate revenue to a particular purpose, including any fund, |
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account, or revenue dedication abolished under former Section |
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403.094, Government Code. |
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(b) An exemption from the application of Section 403.095, |
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Government Code, contained in another Act of the 85th Legislature, |
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Regular Session, 2017, that is exempted from the application of |
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Section 2 of this Act has no effect. |
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(c) Revenue that, under the terms of another Act of the 85th |
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Legislature, Regular Session, 2017, would be deposited to the |
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credit of a special account or fund shall be deposited to the credit |
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of the undedicated portion of the general revenue fund unless the |
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fund, account, or dedication is exempted under this Act. |
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SECTION 17. EFFECTIVE DATE. Except as otherwise provided |
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by this Act: |
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(1) this Act takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution; |
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and |
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(2) if this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on the 91st day after the |
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last day of the legislative session. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 3849 was passed by the House on May 4, |
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2017, by the following vote: Yeas 141, Nays 0, 2 |
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present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3849 on May 26, 2017, by the following vote: Yeas 142, Nays 0, |
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2 present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 3849 was passed by the Senate, with |
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amendments, on May 23, 2017, by the following vote: Yeas 29, Nays |
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2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |