73R5886 LJD-F
By Junell, Danburg H.B. No. 2223
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the dedication of certain funds for the use of the
1-3 Texas Commission on the Arts.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 444.025, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 444.025. Donations; Appropriations; Audit. (a) The
1-8 commission may accept on behalf of the state donations of money,
1-9 property, art objects, and historical relics as it determines best
1-10 further the orderly development of the artistic resources of the
1-11 state. Except as provided by Subsection (b), <All> money paid to
1-12 the commission under this chapter shall be deposited in the Texas
1-13 cultural trust fund <state treasury>.
1-14 (b) The commission may solicit donations from an appropriate
1-15 source. A person may designate a donation as intended for the
1-16 Texas cultural trust fund or the Texas Commission on the Arts
1-17 operating fund. If the person designates that a donation is
1-18 intended for a specific fund, the donation shall be deposited in
1-19 the designated fund.
1-20 (c) The legislature may make appropriations to the
1-21 commission to carry out the purposes of this chapter.
1-22 (d) <(c)> The financial transactions of the commission are
1-23 subject to audit by the state auditor in accordance with Chapter
1-24 321, Government Code.
2-1 SECTION 2. Subchapter B, Chapter 444, Government Code, is
2-2 amended by adding Sections 444.026 and 444.027 to read as follows:
2-3 Sec. 444.026. TEXAS CULTURAL TRUST FUND. (a) The Texas
2-4 cultural trust fund is a trust fund in the state treasury.
2-5 (b) The legislature may not appropriate money in the trust
2-6 fund.
2-7 (c) Interest earned before September 1, 1994, on money
2-8 deposited in the trust fund shall be deposited to the credit of the
2-9 trust fund. Interest earned on or after September 1, 1994, on
2-10 money deposited in the trust fund shall be deposited to the credit
2-11 of the trust fund and then transferred by the commission on
2-12 September 1 of each year to the Texas Commission on the Arts
2-13 operating fund.
2-14 (d) Notwithstanding Subsection (c), the commission may not
2-15 transfer from the trust fund an amount of interest earned on money
2-16 deposited in the trust fund under Section 154.603(b)(1), Tax Code,
2-17 that matches the amount of private monetary donations made to the
2-18 trust fund during that same fiscal year. Interest income remaining
2-19 in the trust fund under this subsection becomes part of the corpus
2-20 of the trust fund. This subsection expires September 1, 1998.
2-21 Sec. 444.027. TEXAS COMMISSION ON THE ARTS OPERATING FUND.
2-22 (a) The Texas Commission on the Arts operating fund is a special
2-23 fund in the state treasury.
2-24 (b) Money deposited to the credit of the operating fund may
2-25 be appropriated only to carry out the commission's powers and
2-26 duties under this chapter and for necessary administrative costs
2-27 incurred by the commission under this chapter.
3-1 (c) The commission may transfer funds from the operating
3-2 fund to the Texas cultural trust fund at any time.
3-3 (d) This section is exempt from the application of Section
3-4 403.094(h), Government Code.
3-5 SECTION 3. Section 154.603, Tax Code, is amended by
3-6 amending Subsection (b) and adding Subsection (e) to read as
3-7 follows:
3-8 (b) The revenue remaining after the deductions for the
3-9 purposes provided by Section 154.602 of this code and allocation
3-10 under Subsection (a) of this section is allocated:
3-11 (1) 50 cents per 1,000 cigarettes to the Texas
3-12 cultural trust fund established under Section 444.026, Government
3-13 Code, until September 1, 1998 <state parks fund>;
3-14 (2) 50 cents per 1,000 cigarettes to the local parks,
3-15 recreation and open space fund; and
3-16 (3) the remainder to the general revenue fund.
3-17 (e) The allocation made under Subsection (b)(1) is exempt
3-18 from the application of Section 403.094(h), Government Code.
3-19 SECTION 4. The importance of this legislation and the
3-20 crowded condition of the calendars in both houses create an
3-21 emergency and an imperative public necessity that the
3-22 constitutional rule requiring bills to be read on three several
3-23 days in each house be suspended, and this rule is hereby suspended,
3-24 and that this Act take effect and be in force from and after its
3-25 passage, and it is so enacted.
3-26 COMMITTEE AMENDMENT NO. 1
3-27 Amend H.B. 2223:
4-1 Delete Section 3.
4-2 Junell