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.