1-1 By: Turner S.B. No. 384
1-2 (In the Senate - Filed February 17, 1993; February 18, 1993,
1-3 read first time and referred to Committee on Finance;
1-4 February 24, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 13, Nays 0;
1-6 February 24, 1993, sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Montford x
1-10 Turner x
1-11 Armbrister x
1-12 Barrientos x
1-13 Bivins x
1-14 Ellis x
1-15 Haley x
1-16 Moncrief x
1-17 Parker x
1-18 Ratliff x
1-19 Sims x
1-20 Truan x
1-21 Zaffirini x
1-22 COMMITTEE SUBSTITUTE FOR S.B. No. 384 By: Turner
1-23 A BILL TO BE ENTITLED
1-24 AN ACT
1-25 relating to the management and control of state finances and
1-26 generating additional revenue in connection with the unclaimed
1-27 money fund; making an appropriation.
1-28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-29 ARTICLE 1. MANAGEMENT AND CONTROL OF CERTAIN STATE FUNDS
1-30 SECTION 1.01. Subsections (g) and (h), Section 17, Texas
1-31 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes), are
1-32 amended to read as follows:
1-33 (g) Revenue, other than fines, collected under this Act
1-34 shall be deposited to the credit of the state pharmacy account in
1-35 the general revenue fund in <constitutes a fund outside> the state
1-36 treasury. Expenses <from which the expenses> of administering this
1-37 Act shall be <are> paid out of the state pharmacy account. Money
1-38 in the account <fund> may not be expended except pursuant to
1-39 specific legislative appropriation in the General Appropriations
1-40 Act. <An appropriation is not required for the investment of the
1-41 fund by the board and for payment of customary fees or charges in
1-42 connection with the investment.> Investment income shall be
1-43 deposited in the account <fund>. The fines collected under this
1-44 Act shall be deposited to the credit of the general revenue fund
1-45 and may not be used for the administration of this Act. The board
1-46 shall defray all expenses under this Act from fees provided in this
1-47 Act, and the State of Texas shall never be liable for the
1-48 compensation or expenses of any member of the board, or its
1-49 officers or employees, or any other expenses thereof. The board's
1-50 books and records are subject to audit by the state auditor in
1-51 accordance with Chapter 321, Government Code.
1-52 (h) The board may receive and expend funds, in addition to
1-53 funds collected under Subsection (g) of this section, from parties
1-54 other than the state in accordance with state law. Funds received
1-55 shall be deposited to the credit of the state pharmacy account in
1-56 the general revenue fund.
1-57 SECTION 1.02. Subsection (i), Section 27A, Texas Pharmacy
1-58 Act (Article 4542a-1, Vernon's Texas Civil Statutes), is amended to
1-59 read as follows:
1-60 (i) Funds and surcharges collected under this section shall
1-61 be deposited in the account <fund> created under Subsection (g) of
1-62 Section 17 of this Act, and may be used by the board to administer
1-63 the program authorized by this section, including the provision of
1-64 initial evaluation and referral services of a qualified health
1-65 professional to an impaired pharmacist or pharmacy student and to
1-66 pay the administrative costs incurred by the board in connection
1-67 with that funding, but not for costs incurred for treatment or
1-68 rehabilitation subsequent to such initial evaluation and referral
2-1 services.
2-2 SECTION 1.03. Subsection (k), Section 2.09, Medical Practice
2-3 Act (Article 4495b, Vernon's Texas Civil Statutes), is amended to
2-4 read as follows:
2-5 (k) The board shall establish by rule a reasonable charge
2-6 for those fees not specifically determined but authorized by this
2-7 Act. The board may not waive collection of any fee or penalty.
2-8 The board shall place all fees received under authority of this
2-9 Act, not otherwise specified, into the medical licensing fund in
2-10 the state treasury. The board is authorized and shall by annual
2-11 budget determine the manner of handling the funds and the purpose,
2-12 consistent with this Act, for which the same may be used. The
2-13 budgeted expenses authorized by the board shall be paid out of
2-14 funds received by the board and are not <be> a charge upon the
2-15 general revenue of the state <nor paid from the general revenue>.
2-16 SECTION 1.04. Subchapter B, Medical Practice Act (Article
2-17 4495b, Vernon's Texas Civil Statutes), is amended by adding Section
2-18 2.10 to read as follows:
2-19 Sec. 2.10. CREATION OF FUNDS. (a) The medical licensing
2-20 fund is created as an account in the general revenue fund. Unless
2-21 otherwise provided by this Act, all fees, charges, and penalties,
2-22 other than registration fees, received by the board shall be
2-23 deposited in the state treasury to the credit of the medical
2-24 licensing fund.
2-25 (b) The medical registration fund is created as an account
2-26 in the general revenue fund. All registration fees received under
2-27 this Act shall be deposited in the state treasury to the credit of
2-28 the medical registration fund.
2-29 SECTION 1.05. Section 771.051, Health and Safety Code, is
2-30 amended to read as follows:
2-31 Sec. 771.051. Powers and Duties of Advisory Commission.
2-32 (a) The advisory commission shall:
2-33 (1) administer the implementation of statewide 9-1-1
2-34 service;
2-35 (2) develop minimum performance standards for
2-36 equipment and operation of 9-1-1 service to be followed in
2-37 developing regional plans under Section 771.055, including
2-38 requirements that the plans provide for:
2-39 (A) automatic number identification by which the
2-40 telephone number of the caller is automatically identified at the
2-41 public safety answering point receiving the call; and
2-42 (B) other features the commission considers
2-43 appropriate;
2-44 (3) examine and approve or disapprove regional plans
2-45 as provided by Section 771.056;
2-46 (4) recommend minimum training standards and provide
2-47 assistance in the establishment and operation of 9-1-1 service;
2-48 <and>
2-49 (5) allocate money to prepare and operate regional
2-50 plans as provided by Section 771.056; and
2-51 (6) accept, receive, and deposit in its account in the
2-52 general revenue fund gifts and grants from public and private
2-53 entities. Gifts and grants may be used for the purposes of the
2-54 commission.
2-55 (b) The advisory commission shall comply with state laws
2-56 requiring state agencies, boards, or commissions generally to
2-57 submit appropriations requests to the Legislative Budget Board and
2-58 the governor and to develop a strategic plan for operations.
2-59 SECTION 1.06. Subsection (e), Section 771.072, Health and
2-60 Safety Code, is amended to read as follows:
2-61 (e) The advisory commission shall deposit <manage> the
2-62 surcharges and any prior balances in an account in the general
2-63 revenue fund in <outside> the state treasury until they are
2-64 allocated to regional planning commissions. From that account,
2-65 <The advisory commission may retain from the surcharges> the amount
2-66 necessary for the commission to fund approved plans of regional
2-67 planning commissions and to carry out its duties under this chapter
2-68 is appropriated to the commission.
2-69 SECTION 1.07. Section 403.096, Government Code, is amended
2-70 by adding Subsection (i) to read as follows:
3-1 (i) In addition to other information included in its report
3-2 under this section, the committee shall review funds held outside
3-3 the state treasury by state agencies and institutions of higher
3-4 education and make recommendations on the disposition of those
3-5 funds. Recommendations to the 74th Legislature shall include an
3-6 analysis of the use of funds held outside the state treasury and
3-7 the advisability of moving those funds into the treasury. As part
3-8 of the report, the committee should propose guidelines that could
3-9 be used in determining when funds should be held locally in bank
3-10 accounts and when funds should be deposited in the state treasury.
3-11 This subsection expires September 1, 1995.
3-12 SECTION 1.08. This article takes effect immediately, except
3-13 that Sections 1.01, 1.02, 1.03, 1.04, and 1.06 of this article take
3-14 effect August 31, 1994.
3-15 ARTICLE 2. FUND BALANCES--BONDS
3-16 SECTION 2.01. Section 4, Chapter 696, Acts of the 70th
3-17 Legislature, Regular Session, 1987 (Article 601d-1, Vernon's Texas
3-18 Civil Statutes), is amended by adding Subsection (f) to read as
3-19 follows:
3-20 (f) The authority shall provide an accurate estimate of
3-21 interest and sinking fund balances available for payment of debt
3-22 service on general obligation bonds to the Legislative Budget Board
3-23 and the Governor's Office of Budget and Planning not later than
3-24 January 1 of each odd-numbered year.
3-25 SECTION 2.02. This article takes effect immediately.
3-26 ARTICLE 3. UNCLAIMED MONEY FUND
3-27 SECTION 3.01. Section 74.201, Property Code, is amended by
3-28 adding Subsection (d) to read as follows:
3-29 (d) The State Treasurer may offer for sale space for
3-30 suitable advertisements in a notice published under this section.
3-31 Proceeds from the sale of the advertising space shall be used to
3-32 defray the cost of publishing the notices, with the remaining
3-33 amount, if any, to be deposited to the credit of the unclaimed
3-34 money fund.
3-35 SECTION 3.02. Subsection (c), Section 74.505, Property Code,
3-36 is amended to read as follows:
3-37 (c) Costs of publication and postage shall be deducted from
3-38 the amounts paid under this section, but deductions for any costs
3-39 of administration or service charges may not be made, except as
3-40 provided by Section 74.509.
3-41 SECTION 3.03. Subchapter F, Chapter 74, Property Code, is
3-42 amended by adding Section 74.509 to read as follows:
3-43 Sec. 74.509. HANDLING FEE FOR PROCESSING UNCLAIMED PROPERTY.
3-44 The State Treasurer shall charge a person claiming unclaimed
3-45 property a handling fee if ownership of the property is reinstated
3-46 and the value of the property is $50 or more.
3-47 SECTION 3.04. Section 74.601, Property Code, is amended by
3-48 amending Subsections (b) and (d) and adding Subsections (e) and (f)
3-49 to read as follows:
3-50 (b) The State Treasurer shall deposit to the credit of the
3-51 fund:
3-52 (1) all funds, including marketable securities,
3-53 delivered to the State Treasurer under this chapter or any other
3-54 statute requiring the delivery of unclaimed property to the State
3-55 Treasurer;
3-56 (2) all proceeds from the sale of any property,
3-57 including marketable securities, under this chapter;
3-58 (3) all funds that have escheated to the state under
3-59 Chapter 71, except that funds relating to escheated real property
3-60 shall be deposited according to Section 71.202; and
3-61 (4) any income derived from investments of the fund.
3-62 (d) Except as provided by Subsection (e), the <The> State
3-63 Treasurer shall from time to time invest the amount in the
3-64 unclaimed money fund <that exceeds $50,000> in investments approved
3-65 by law for the investment of state funds.
3-66 (e) The State Treasurer may from time to time sell
3-67 securities in the fund, including stocks, bonds, and mutual funds,
3-68 and use the proceeds to buy, exchange, invest, or reinvest in
3-69 marketable securities. When making the investments, the State
3-70 Treasurer shall exercise the judgment and care of a prudent person.
4-1 (f) The State Treasurer shall keep a separate record and
4-2 accounting for securities delivered, sold, purchased, or exchanged
4-3 and the proceeds and earnings from the securities.
4-4 SECTION 3.05. This article takes effect September 1, 1993.
4-5 ARTICLE 4. EMERGENCY
4-6 SECTION 4.01. The importance of this legislation and the
4-7 crowded condition of the calendars in both houses create an
4-8 emergency and an imperative public necessity that the
4-9 constitutional rule requiring bills to be read on three several
4-10 days in each house be suspended, and this rule is hereby suspended,
4-11 and that this Act take effect and be in force according to its
4-12 terms, and it is so enacted.
4-13 * * * * *
4-14 Austin,
4-15 Texas
4-16 February 24,
4-17 1993
4-18 Hon. Bob Bullock
4-19 President of the Senate
4-20 Sir:
4-21 We, your Committee on Finance to which was referred S.B. No. 384,
4-22 have had the same under consideration, and I am instructed to
4-23 report it back to the Senate with the recommendation that it do not
4-24 pass, but that the Committee Substitute adopted in lieu thereof do
4-25 pass and be printed.
4-26 Montford,
4-27 Chairman
4-28 * * * * *
4-29 WITNESSES
4-30 FOR AGAINST ON
4-31 ___________________________________________________________________
4-32 Name: Thomas Plaut x
4-33 Representing: State Comptroller
4-34 City: Austin
4-35 -------------------------------------------------------------------
4-36 Name: Ron Harris, Collin Co. Judge x
4-37 Representing: Co. & Chair, ACSEC - State
4-38 911
4-39 City: McKinney
4-40 -------------------------------------------------------------------
4-41 Name: Jim Ray, Exec. Dir x
4-42 Representing: Tx Assn of Regional Councils
4-43 City: Austin
4-44 -------------------------------------------------------------------
4-45 Name: Rebecca Heflin x
4-46 Representing: Grigsby Brandford & Co, Inc.
4-47 City: Dallas
4-48 -------------------------------------------------------------------
4-49 Name: Robert A. Estrada, CEO x
4-50 Representing: Estrada Hinojosa & Co.
4-51 City: Dallas
4-52 -------------------------------------------------------------------
4-53 Name: Terri Salvaggio x
4-54 Representing: State Comptroller - TPR
4-55 City: Austin
4-56 -------------------------------------------------------------------
4-57 Name: Mimi Wintroub x
4-58 Representing: State Comptroller - TPR
4-59 City: Austin
4-60 -------------------------------------------------------------------
4-61 Name: Andrea Fedor Cowan x
4-62 Representing: TPR
4-63 City: Austin
4-64 -------------------------------------------------------------------
4-65 FOR AGAINST ON
4-66 ___________________________________________________________________
4-67 Name: Mary A. Boyd, Exec. Dir x
4-68 Representing: Advsry Csn State Emer
4-69 Cmnctns
4-70 City: Austin
5-1 -------------------------------------------------------------------
5-2 Name: Gwen Hartman x
5-3 Representing: Self
5-4 City: Austin
5-5 -------------------------------------------------------------------
5-6 Name: George Whisman x
5-7 Representing: Masterson Moreland Saver,
5-8 Whi
5-9 City: Houston
5-10 -------------------------------------------------------------------
5-11 Name: Anne L. Schwartz x
5-12 Representing: Tx Public Finance Authority
5-13 City: Austin
5-14 -------------------------------------------------------------------
5-15 Name: Mike Kelly x
5-16 Representing: Kemper Securities
5-17 City: Austin
5-18 -------------------------------------------------------------------
5-19 Name: John Bell, Deputy Treasurer x
5-20 Representing: State Treasury
5-21 City: Austin
5-22 -------------------------------------------------------------------