BILL ANALYSIS
H.B. 735
By: Craddick
February 15, 1995
Committee Report (Unamended)
BACKGROUND
Chapter 401.003, Government Code, creates the inaugural fund in the
state treasury. Money in the fund may be appropriated only for
expenditures "reasonably related to conducting inaugural ceremonies
and related events." After the inauguration, the inaugural
committee delivers to the state treasurer all unexpended non-appropriated funds, which are then deposited in the state treasury
to the credit of the inaugural fund. Since money in the fund can
only be used for inaugural ceremonies, there is a standing account
that can only serve Texans every four years.
PURPOSE
The bill would create the "governor's endowment fund," and the
"lieutenant governor's endowment fund," from the surplus balance of
the inaugural fund. The funds may be used for improvements to
state property, or educational, historical, or charitable purposes
that benefit Texas and Texas' residents.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not grant any
additional rulemaking authority to a state officer, institution, or
agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Subchapter A, Chapter 401, Government Code, by
adding Section 401.011 GOVERNOR'S ENDOWMENT FUND;
LIEUTENANT GOVERNOR'S ENDOWMENT FUND.
(a) On the date the inaugural committee is dissolved,
the balance that exceeds $100,000 plus the amount
necessary to cover fund obligations shall be transferred
into two accounts in the general revenue fund to be
known as the governor's endowment fund, and the
lieutenant governor's endowment fund.
(b) The funds may be expended for educational,
historical, or charitable purposes at the discretion of
the governing committees. The funds may be used only
for projects or purposes that solely or primarily
benefit Texas and Texas residents.
(c) The governor shall appoint three persons to the
governor's endowment fund committee, and the lieutenant
governor shall appoint three persons to the lieutenant
governor's endowment committee. Notwithstanding other
law, spouses of the governor or lieutenant governor may
be appointed to the committee.
(d) The governors shall designate the chairs of the
committees. Members serve for terms of two years, and
without compensation or reimbursement for travel or
personal expenses.
(e) In addition to the transfer from the inaugural fund,
the committees may accept contributions of money or
gifts of services in support of committee activities.
(f) Each year, the committees shall publish a report
detailing contributions received and expenditures made
during the 12 months preceding the report.
(g) Each committee is a governmental body for purposes
of Chapters 551 (Open Meetings) and 552 (Open Records),
but not subject to Chapter 2001 (Administrative
Procedure), Government Code.
(h) Sections 403.094 (Consolidation of Funds; Abolition
of Dedications) and 403.095 (Use of Dedicated Revenue),
Government Code, do not apply to the two endowment
funds.
SECTION 2. The balance of the two funds is appropriated to the
respective committees starting with the biennium ending
August 31, 1995.
SECTION 3. Emergency clause;
Effective Date: Upon passage.
SUMMARY OF COMMITTEE ACTION
Public notice was posted in accordance to the rules and a public
hearing was held on February 14, 1995. By a record vote of 8 ayes,
0 nays, 0 present not voting and 3 absent, the committee voted to
report H.B. 735 to the House without amendment with the
recommendation that it do pass.