By:  Turner                                            S.B. No. 384
                                 A BILL TO BE ENTITLED
                                        AN ACT
    1-1  relating to the management and control of state finances and
    1-2  generating additional revenue in connection with the unclaimed
    1-3  money fund; making an appropriation.
    1-4        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-5       ARTICLE 1.  MANAGEMENT AND CONTROL OF CERTAIN STATE FUNDS
    1-6        SECTION 1.01.  Subsections (g) and (h), Section 17, Texas
    1-7  Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
    1-8  amended to read as follows:
    1-9        (g)  Revenue, other than fines, collected under this Act
   1-10  shall be deposited to the credit of the state pharmacy account in
   1-11  the general revenue fund in <constitutes a fund outside> the state
   1-12  treasury.  Expenses <from which the expenses> of administering this
   1-13  Act shall be <are> paid out of the state pharmacy account.  Money
   1-14  in the account <fund> may not be expended except pursuant to
   1-15  specific legislative appropriation in the General Appropriations
   1-16  Act.  <An appropriation is not required for the investment of the
   1-17  fund by the board and for payment of customary fees or charges in
   1-18  connection with the investment.>  Investment income shall be
   1-19  deposited in the account <fund>.  The fines collected under this
   1-20  Act shall be deposited to the credit of the general revenue fund
   1-21  and may not be used for the administration of this Act.  The board
   1-22  shall defray all expenses under this Act from fees provided in this
   1-23  Act, and the State of Texas shall never be liable for the
   1-24  compensation or expenses of any member of the board, or its
    2-1  officers or employees, or any other expenses thereof.  The board's
    2-2  books and records are subject to audit by the state auditor in
    2-3  accordance with Chapter 321, Government Code.
    2-4        (h)  The board may receive and expend funds, in addition to
    2-5  funds collected under Subsection (g) of this section, from parties
    2-6  other than the state in accordance with state law.  Funds received
    2-7  shall be deposited to the credit of the state pharmacy account in
    2-8  the general revenue fund.
    2-9        SECTION 1.02.  Subsection (i), Section 27A, Texas Pharmacy
   2-10  Act (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
   2-11  read as follows:
   2-12        (i)  Funds and surcharges collected under this section shall
   2-13  be deposited in the account <fund> created under Subsection (g) of
   2-14  Section 17 of this Act, and may be used by the board to administer
   2-15  the program authorized by this section, including the provision of
   2-16  initial evaluation and referral services of a qualified health
   2-17  professional to an impaired pharmacist or pharmacy student and to
   2-18  pay the administrative costs incurred by the board in connection
   2-19  with that funding, but not for costs incurred for treatment or
   2-20  rehabilitation subsequent to such initial evaluation and referral
   2-21  services.
   2-22        SECTION 1.03.  Subsection (k), Section 2.09, Medical Practice
   2-23  Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
   2-24  read as follows:
   2-25        (k)  The board shall establish by rule a reasonable charge
   2-26  for those fees not specifically determined but authorized by this
   2-27  Act.  The board may not waive collection of any fee or penalty.
    3-1  The board shall place all fees received under authority of this
    3-2  Act, not otherwise specified, into the medical licensing fund in
    3-3  the state treasury.  The board is authorized and shall by annual
    3-4  budget determine the manner of handling the funds and the purpose,
    3-5  consistent with this Act, for which the same may be used.  The
    3-6  budgeted expenses authorized by the board shall be paid out of
    3-7  funds received by the board and are not <be> a charge upon the
    3-8  general revenue of the state <nor paid from the general revenue>.
    3-9        SECTION 1.04.  Subchapter B, Medical Practice Act (Article
   3-10  4495b, Vernon's Texas Civil Statutes), is amended by adding Section
   3-11  2.10 to read as follows:
   3-12        Sec. 2.10.  CREATION OF FUNDS.  (a)  The medical licensing
   3-13  fund is created as an account in the general revenue fund.  Unless
   3-14  otherwise provided by this Act, all fees, charges, and penalties,
   3-15  other than registration fees, received by the board shall be
   3-16  deposited in the state treasury to the credit of the medical
   3-17  licensing fund.
   3-18        (b)  The medical registration fund is created as an account
   3-19  in the general revenue fund.  All registration fees received under
   3-20  this Act shall be deposited in the state treasury to the credit of
   3-21  the medical registration fund.
   3-22        SECTION 1.05.  Section 771.051, Health and Safety Code, is
   3-23  amended to read as follows:
   3-24        Sec. 771.051.  Powers and Duties of Advisory Commission.
   3-25  (a)  The advisory commission shall:
   3-26              (1)  administer the implementation of statewide 9-1-1
   3-27  service;
    4-1              (2)  develop minimum performance standards for
    4-2  equipment and operation of 9-1-1 service to be followed in
    4-3  developing regional plans under Section 771.055, including
    4-4  requirements that the plans provide for:
    4-5                    (A)  automatic number identification by which the
    4-6  telephone number of the caller is automatically identified at the
    4-7  public safety answering point receiving the call; and
    4-8                    (B)  other features the commission considers
    4-9  appropriate;
   4-10              (3)  examine and approve or disapprove regional plans
   4-11  as provided by Section 771.056;
   4-12              (4)  recommend minimum training standards and provide
   4-13  assistance in the establishment and operation of 9-1-1 service;
   4-14  <and>
   4-15              (5)  allocate money to prepare and operate regional
   4-16  plans as provided by Section 771.056; and
   4-17              (6)  accept, receive, and deposit in its account in the
   4-18  general revenue fund gifts and grants from public and private
   4-19  entities.  Gifts and grants may be used for the purposes of the
   4-20  commission.
   4-21        (b)  The advisory commission shall comply with state laws
   4-22  requiring state agencies, boards, or commissions generally to
   4-23  submit appropriations requests to the Legislative Budget Board and
   4-24  the governor and to develop a strategic plan for operations.
   4-25        SECTION 1.06.  Subsection (e), Section 771.072, Health and
   4-26  Safety Code, is amended to read as follows:
   4-27        (e)  The advisory commission shall deposit <manage> the
    5-1  surcharges and any prior balances in an account in the general
    5-2  revenue fund in <outside> the state treasury until they are
    5-3  allocated to regional planning commissions.  From that account,
    5-4  <The advisory commission may retain from the surcharges> the amount
    5-5  necessary for the commission to fund approved plans of regional
    5-6  planning commissions and to carry out its duties under this chapter
    5-7  is appropriated to the commission.
    5-8        SECTION 1.07.  Section 403.096, Government Code, is amended
    5-9  by adding Subsection (i) to read as follows:
   5-10        (i)  In addition to other information included in its report
   5-11  under this section, the committee shall review funds held outside
   5-12  the state treasury by state agencies and institutions of higher
   5-13  education and make recommendations on the disposition of those
   5-14  funds.  Recommendations to the 74th Legislature shall include an
   5-15  analysis of the use of funds held outside the state treasury and
   5-16  the advisability of moving those funds into the treasury.  As part
   5-17  of the report, the committee should propose guidelines that could
   5-18  be used in determining when funds should be held locally in bank
   5-19  accounts and when funds should be deposited in the state treasury.
   5-20  This subsection expires September 1, 1995.
   5-21        SECTION 1.08.  This article takes effect immediately, except
   5-22  that Sections 1.01, 1.02, 1.03, 1.04, and 1.06 of this article take
   5-23  effect August 31, 1994.
   5-24                   ARTICLE 2.  FUND BALANCES--BONDS
   5-25        SECTION 2.01.  Section 4, Chapter 696, Acts of the 70th
   5-26  Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
   5-27  Civil Statutes), is amended by adding Subsection (f) to read as
    6-1  follows:
    6-2        (f)  The authority shall provide an accurate estimate of
    6-3  interest and sinking fund balances available for payment of debt
    6-4  service on general obligation bonds to the Legislative Budget Board
    6-5  and the Governor's Office of Budget and Planning not later than
    6-6  January 1 of each odd-numbered year.
    6-7        SECTION 2.02.  This article takes effect immediately.
    6-8                   ARTICLE 3.  UNCLAIMED MONEY FUND
    6-9        SECTION 3.01.  Section 74.201, Property Code, is amended by
   6-10  adding Subsection (d) to read as follows:
   6-11        (d)  The State Treasurer may offer for sale space for
   6-12  suitable advertisements in a notice published under this section.
   6-13  Proceeds from the sale of the advertising space shall be used to
   6-14  defray the cost of publishing the notices, with the remaining
   6-15  amount, if any, to be deposited to the credit of the unclaimed
   6-16  money fund.
   6-17        SECTION 3.02.  Subsection (c), Section 74.505, Property Code,
   6-18  is amended to read as follows:
   6-19        (c)  Costs of publication and postage shall be deducted from
   6-20  the amounts paid under this section, but deductions for any costs
   6-21  of administration or service charges may not be made, except as
   6-22  provided by Section 74.509.
   6-23        SECTION 3.03.  Subchapter F, Chapter 74, Property Code, is
   6-24  amended by adding Section 74.509 to read as follows:
   6-25        Sec. 74.509.  HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.
   6-26  The State Treasurer shall charge a person claiming unclaimed
   6-27  property a handling fee if ownership of the property is reinstated
    7-1  and the value of the property is $50 or more.
    7-2        SECTION 3.04.  Section 74.601, Property Code, is amended by
    7-3  amending Subsections (b) and (d) and adding Subsections (e) and (f)
    7-4  to read as follows:
    7-5        (b)  The State Treasurer shall deposit to the credit of the
    7-6  fund:
    7-7              (1)  all funds, including marketable securities,
    7-8  delivered to the State Treasurer under this chapter or any other
    7-9  statute requiring the delivery of unclaimed property to the State
   7-10  Treasurer;
   7-11              (2)  all proceeds from the sale of any property,
   7-12  including marketable securities, under this chapter;
   7-13              (3)  all funds that have escheated to the state under
   7-14  Chapter 71, except that funds relating to escheated real property
   7-15  shall be deposited according to Section 71.202; and
   7-16              (4)  any income derived from investments of the fund.
   7-17        (d)  Except as provided by Subsection (e), the <The> State
   7-18  Treasurer shall from time to time invest the amount in the
   7-19  unclaimed money fund <that exceeds $50,000> in investments approved
   7-20  by law for the investment of state funds.
   7-21        (e)  The State Treasurer may from time to time sell
   7-22  securities in the fund, including stocks, bonds, and mutual funds,
   7-23  and use the proceeds to buy, exchange, invest, or reinvest in
   7-24  marketable securities.  When making the investments, the State
   7-25  Treasurer shall exercise the judgment and care of a prudent person.
   7-26        (f)  The State Treasurer shall keep a separate record and
   7-27  accounting for securities delivered, sold, purchased, or exchanged
    8-1  and the proceeds and earnings from the securities.
    8-2        SECTION 3.05.  This article takes effect September 1, 1993.
    8-3                         ARTICLE 4.  EMERGENCY
    8-4        SECTION 4.01.  The importance of this legislation and the
    8-5  crowded condition of the calendars in both houses create an
    8-6  emergency and an imperative public necessity that the
    8-7  constitutional rule requiring bills to be read on three several
    8-8  days in each house be suspended, and this rule is hereby suspended,
    8-9  and that this Act take effect and be in force according to its
   8-10  terms, and it is so enacted.