This bill would abolish all funds, accounts, and revenue dedications created or recreated by the 87th Legislature, Regular Session (2021), unless specifically exempted under separate sections of the bill.
Any funds, accounts, or revenue dedications abolished under the bill would be deposited to the credit of the unobligated portion of General Revenue Fund 0001.
The bill would exempt dedications, funds, and accounts that were enacted before the 87th Legislature or that remained exempt from abolishment under former Section 403.094(h) of the Government Code. The bill exempts increases in existing fees or in other revenue that were previously dedicated or required to be deposited in a fund or account exempted prior to the 87th Legislature, Regular Session (2021).
Federal funds, created by the 87th Legislature, Regular Session (2021), for which separate accounting is required by federal law, would be exempt. Those funds would be deposited into accounts within General Revenue Fund 0001, unless otherwise required by federal law.
The bill would exempt all trust funds and bond funds created by the 87th Legislature, Regular Session (2021), except that the funds would have to be held in the State Treasury, with the Comptroller in trust, or outside the State Treasury with the Comptroller's approval.
The bill would exempt funds or accounts created or re-created or revenue dedicated or rededicated under a constitutional amendment proposed by an act of the 87th Legislature, Regular Session (2021), if approved by the voters.
The bill would reenact Section 403.0956, Government Code, relating to reallocation of interest accrued on certain dedicated revenue.
The bill would amend Subsections 403.095(b), (d) and (f) of the Government Code to permit the Comptroller, as directed by the Legislature, to make reductions in dedicated accounts in the amounts by which estimated revenues and unobligated balances exceeded appropriations following certification of all appropriations enacted by the 87th Legislature. Dedicated revenues exceeding amounts appropriated would be available for certification through August 31, 2023. The section as amended would not apply to funds outside of the State Treasury, trust funds, funds created by the state constitution or a court, and funds for which separate accounting is required by federal law. Section 403.095 would expire September 1, 2023.
The bill would extend Section 504.6012 of the Transportation Code, relating to license plates, through September 30, 2021.
The following funds, accounts, and dedications of revenue would be exempt from abolition by this bill if created or re-created by Acts of the 87th Legislature, Regular Session (2021):
- GR Account – Broadband Development;
- GR Account – Brain Institute of Texas Research Fund;
- GR Account created by HB 211 or similar legislation;
- GR Account – Rural Veterinarian Incentive Program;
- GR Account – Barbering and Cosmetology School Tuition Protection;
- GR Account – Micro-business Recovery Fund;
- GR Account – Consumable Hemp Products;
- GR Account – Texas Youth Livestock Show Fund;
- GR Account – Texas Music Incubator;
- GR Account – Breeder's Cup Developmental;
- GR Account – Bulk Storage Vessel Performance Standards Program;
- GR Account created by HB 1137 or similar legislation;
- GR Account – Micro-business Disaster Recovery;
- GR Account – Opioid Abatement.
- Broadband Pole Replacement Fund;
- State Utilities Reliability Fund;
- State Utilities Reliability Revenue Fund;
- Critical Infrastructure Resiliency Fund;
- Disaster Response Loan Fund;
- Open Burn Pit Registry;
- Technology Improvement and Modernization Fund;
- Broadband Development Fund;
- Small Business Disaster Recovery Revolving Fund outside the State Treasury;
- Horse Industry Escrow Account outside the State Treasury;
- Texas Small and Rural Community Success Fund outside the State Treasury;
- Opioid Abatement Fund outside the State Treasury.
- the dedication of taxes, charges, fees, contributions, amounts, or revenues created by the following or similar legislation: HB 1075, HB 1256, HB 1284, HB 1631, HB1900, HB 1904, HB 2577, HB 3514, HB 3973, HB 4131, HB 4472, SB 41, SB 181, SB 633, SB 1263, SB 1728, SB 2038, SB 2089.
The bill would prevail over any other act of the 87th Legislature, Regular Session (2021) —regardless of the date of enactment — purporting to dedicate or rededicate a fund, account, or revenue in the State Treasury, or amending Section 403.095 of the Government Code.
This bill would take effect immediately upon enactment, assuming it received the requisite two-thirds majority vote in both houses of the Legislature. Otherwise, it would take effect on the 91st day after the last day of the legislative session.
No significant fiscal implication to units of local government is anticipated.