H.B. No. 3050
1-1 AN ACT
1-2 relating to exemption of certain funds from consolidation,
1-3 re-creation of certain funds, preservation and creation of certain
1-4 dedications of revenue, and exemption of certain unappropriated
1-5 amounts from use for general governmental purposes.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. Effective August 30, 1995, the following funds
1-8 and special accounts in the state treasury are exempt from Sections
1-9 403.094 and 403.095, Government Code, and are re-created as special
1-10 accounts in the general revenue fund to be used only for the
1-11 purposes designated by law:
1-12 (1) attorney general law enforcement account;
1-13 (2) Advisory Commission on Emergency Communications
1-14 account;
1-15 (3) governor's office disaster contingency account;
1-16 (4) governor's office criminal justice planning
1-17 account;
1-18 (5) Texas preservation trust fund;
1-19 (6) Capitol fund;
1-20 (7) Inaugural Account, 472;
1-21 (8) crippled children's fund;
1-22 (9) sexual assault program fund;
1-23 (10) Texas capital trust fund;
1-24 (11) Texas collegiate license plate program;
2-1 (12) medical school tuition set-aside fund;
2-2 (13) scholarship for fifth-year accounting students;
2-3 (14) coastal protection fund;
2-4 (15) traffic safety fund account;
2-5 (16) aviation trust fund account;
2-6 (17) public transportation account fund;
2-7 (18) Texas highway beautification fund account;
2-8 (19) Department of Insurance operating fund;
2-9 (20) Texas Racing Commission fund account, 597;
2-10 (21) Workers' Compensation Research Center fund;
2-11 (22) governor's endowment fund account;
2-12 (23) lieutenant governor's endowment fund account;
2-13 (24) alternative fuels research and education fund
2-14 account;
2-15 (25) Texas exporters loan fund;
2-16 (26) coastal protection fund account, 27;
2-17 (27) food and drug registration fund;
2-18 (28) home health services fund;
2-19 (29) asbestos removal licensure fund;
2-20 (30) workplace chemical lists fund;
2-21 (31) certification of mammography systems fund;
2-22 (32) oyster sales fund;
2-23 (33) crippled children's refund fund;
2-24 (34) hospital licensing fund;
2-25 (35) Bureau of Emergency Management Fund, 512;
2-26 (36) public health services fund;
2-27 (37) Food and Drug Retail Fee Fund, 341;
3-1 (38) motorcycle education fund account, 501;
3-2 (39) minority doctoral incentive program account;
3-3 (40) compensation to victims of crime fund account and
3-4 the compensation to victims of crime auxiliary fund account;
3-5 (41) proprietary school tuition protection fund;
3-6 (42) cosmetology school tuition protection fund;
3-7 (43) rural economic development fund no. 425; and
3-8 (44) vital statistics records fund.
3-9 SECTION 2. Effective September 1, 1995, the following funds
3-10 and special accounts in the state treasury are exempt from Section
3-11 403.094, Government Code, and are created or re-created, as
3-12 appropriate, as special accounts in the general revenue fund to be
3-13 used only for the purposes designated by law:
3-14 (1) small business air compliance fund account;
3-15 (2) small business environmental compliance fund
3-16 account;
3-17 (3) accounts authorized by the Parks and Wildlife
3-18 Code;
3-19 (4) Texas housing depository fund;
3-20 (5) workers' compensation insurance fund guaranty
3-21 account;
3-22 (6) Texas Water Development Board administrative fund,
3-23 041;
3-24 (7) Air Control Board fund, 102;
3-25 (8) radioactive substance fee fund, 340;
3-26 (9) unemployment compensation special administration
3-27 fund account, 165; and
4-1 (10) TERRA fund.
4-2 SECTION 3. Effective September 1, 1995, the state lease fund
4-3 in the state treasury is exempt from Section 403.094, Government
4-4 Code, and is re-created as a special account in the general revenue
4-5 fund to be used only for the purposes designated by law. Any
4-6 unencumbered balances in the state lease fund in excess of amounts
4-7 needed for debt service shall be transferred to the credit of the
4-8 general revenue fund at the end of each biennium.
4-9 SECTION 4. Effective August 30, 1995, the following funds
4-10 are exempt from Section 403.094, Government Code, and are created
4-11 or re-created, as appropriate, as special funds in the state
4-12 treasury outside the general revenue fund to be used only for the
4-13 purposes designated by law:
4-14 (1) university bonds for education of Texans;
4-15 (2) Texas Youth Commission industries program fund;
4-16 (3) telecommunications infrastructure fund; and
4-17 (4) regulator transition fund.
4-18 SECTION 5. Effective September 1, 1995, the following funds
4-19 are exempt from Section 403.094, Government Code, and are created
4-20 or re-created, as appropriate, as trust funds in the state treasury
4-21 outside the general revenue fund to be used only for the purposes
4-22 designated by law:
4-23 (1) ICF/MR trust fund; and
4-24 (2) auctioneer public protection recovery trust fund.
4-25 SECTION 6. Effective September 1, 1995, the Water
4-26 Development Board operating fund for state revolving funds is
4-27 exempt from Section 403.094, Government Code, and is created as a
5-1 special fund outside the state treasury to be used only for the
5-2 purposes designated by law.
5-3 SECTION 7. Effective August 30, 1995, the following revenue
5-4 is exempt from Section 403.094, Government Code, and may be used
5-5 only for the purposes designated by law:
5-6 (1) revenue dedicated to the children's trust fund;
5-7 (2) revenue statutorily dedicated to the Department of
5-8 Insurance operating fund;
5-9 (3) revenue statutorily dedicated to the state highway
5-10 fund; and
5-11 (4) revenue dedicated to the Texas Racing Commission
5-12 for operation and allocation as provided by statute.
5-13 SECTION 8. Effective August 30, 1995, revenue collected as
5-14 court costs and dedicated to the following funds and special
5-15 accounts is exempt from Section 403.094, Government Code, and may
5-16 be used only for the purposes designated by law:
5-17 (1) abused children's counseling account;
5-18 (2) crime stoppers assistance account;
5-19 (3) breath alcohol testing account;
5-20 (4) Bill Blackwood Law Enforcement Management
5-21 Institute of Texas account;
5-22 (5) law enforcement officers standards and education
5-23 fund account;
5-24 (6) comprehensive rehabilitation fund account;
5-25 (7) operator's and chauffeur's license fund account;
5-26 (8) criminal justice planning fund account;
5-27 (9) compensation to victims of crime fund account; and
6-1 (10) compensation to victims of crime auxiliary fund
6-2 account.
6-3 SECTION 9. Effective August 30, 1995, revenue collected as
6-4 maintenance tax imposed under the Insurance Code and allocated for
6-5 the operation of the Department of Insurance is exempt from Section
6-6 403.094, Government Code, and may be used only for the purposes
6-7 designated by law.
6-8 SECTION 10. Effective August 30, 1995, bond proceeds from
6-9 bonds authorized by or as provided by the 74th Legislature, Regular
6-10 Session, 1995, are exempt from Sections 403.094 and 403.095,
6-11 Government Code.
6-12 SECTION 11. Effective August 30, 1995, revenue in excess of
6-13 1994 levels, as determined by the comptroller, from receipts for
6-14 laboratory analysis deposited to account 524 is exempt from Section
6-15 403.094, Government Code, and may be used only for the purpose of
6-16 financing the Texas Department of Health's laboratory facility as
6-17 established by House Bill 2022, Acts of the 74th Legislature,
6-18 Regular Session, 1995.
6-19 SECTION 12. Effective August 30, 1995, revenue in excess of
6-20 1994 levels, as determined by the comptroller, from the early and
6-21 periodic screening, diagnosis, and treatment fee deposited in
6-22 account 273 is exempt from Section 403.094, Government Code, and
6-23 may be used only for the purpose of financing the Texas Department
6-24 of Health's laboratory facility as established by House Bill No.
6-25 2022, Acts of the 74th Legislature, Regular Session, 1995.
6-26 SECTION 13. Effective September 1, 1995, revenue collected
6-27 as fees by the attorney general under Article 9023d, Revised
7-1 Statutes, may be used only for the purposes designated by that
7-2 article.
7-3 SECTION 14. (a) Effective August 30, 1995, Section
7-4 40.151(c), Natural Resources Code, is repealed.
7-5 (b) The value of all extant investments are transferred into
7-6 the coastal protection account to be used for the purposes
7-7 designated in Chapter 40, Natural Resources Code.
7-8 SECTION 15. Effective August 30, 1995, Section 40.155,
7-9 Natural Resources Code, is amended to read as follows:
7-10 Sec. 40.155. Determination of Fee. (a) Except as otherwise
7-11 provided in this section, the rate of the fee shall be two cents
7-12 per barrel of crude oil until the commissioner certifies that the
7-13 unencumbered balance in the fund has reached $25 million. The
7-14 commissioner shall certify to the comptroller the date on which the
7-15 unencumbered balance in the fund exceeds $25 million. The fee
7-16 shall not be collected or required to be paid on or after the first
7-17 day of the second month following the commissioner's certification
7-18 to the comptroller that the unencumbered balance in the fund
7-19 exceeds $25 million.
7-20 (b) If the unencumbered balance in the fund falls below $14
7-21 million, the commissioner shall certify such fact to the
7-22 comptroller. On receiving the commissioner's certification, the
7-23 comptroller shall resume collecting the fee until suspended in the
7-24 manner provided in Subsection (a) of this section.
7-25 (c) Notwithstanding the provisions of Subsection (a) or (b)
7-26 of this section, the fee shall be levied at the rate of four cents
7-27 per barrel if the commissioner certifies to the comptroller a
8-1 written finding of the following facts:
8-2 (1) the unencumbered balance in the fund is less than
8-3 $25 million;
8-4 (2) an unauthorized discharge of oil in excess of
8-5 100,000 gallons has occurred within the previous 30 days; and
8-6 (3) expenditures from the fund for response costs and
8-7 damages are expected to deplete the fund substantially.
8-8 (d) In the event of a certification to the comptroller under
8-9 Subsection (c) of this section, the comptroller shall collect the
8-10 fee at the rate of four cents per barrel until the unencumbered
8-11 balance in the fund reaches $25 million or any lesser amount that
8-12 the commissioner determines is necessary to pay response costs and
8-13 damages without substantially depleting the fund. The commissioner
8-14 shall certify to the comptroller the date on which the unencumbered
8-15 balance in the fund exceeds $25 million or such other lesser
8-16 amount. The fee shall not be collected or required to be paid on
8-17 or after the first day of the second month following the
8-18 commissioner's certification to the comptroller.
8-19 (e) For purposes of this section, the unencumbered balance
8-20 of the fund shall be determined by the unencumbered cash balance of
8-21 the fund at the end of each month or on the date of a finding under
8-22 Subsection (c) of this section.
8-23 SECTION 16. This Act prevails over any other Act of the 74th
8-24 Legislature, Regular Session, regardless of the relative dates of
8-25 enactment, that purports to create or re-create a special fund or
8-26 account in or outside of the general revenue fund or to dedicate or
8-27 rededicate revenue to a particular purpose, including any fund or
9-1 revenue dedication abolished under Section 403.094, Government
9-2 Code. The creation of a special fund or account or the dedication
9-3 of revenue in such an Act is of no force or effect unless the fund
9-4 is created or the revenue is dedicated or rededicated by this Act.
9-5 Revenues that, under the terms of such an Act, would be deposited
9-6 to the credit of a special fund or account shall be deposited to
9-7 the credit of the unobligated portion of the general revenue fund.
9-8 SECTION 17. Effective September 1, 1995, Section 403.094,
9-9 Government Code, is repealed.
9-10 SECTION 18. Effective September 1, 1995, Section 403.095,
9-11 Government Code, is reenacted and amended to read as follows:
9-12 Sec. 403.095. Use of Dedicated Revenue. (a) Revenue
9-13 <Notwithstanding any action taken by the comptroller under Section
9-14 403.094, revenue> that has been set aside by law for a particular
9-15 purpose or entity is available for that purpose or entity to the
9-16 extent money is appropriated for that purpose or entity.
9-17 Expenditures made in furtherance of the dedicated purpose or entity
9-18 shall be made from money received from the dedicated revenue source
9-19 to the extent those funds are appropriated.
9-20 (b) Notwithstanding any law dedicating or setting aside
9-21 revenue for a particular purpose or entity, dedicated revenues
9-22 that, on August 31, 1997 <at the end of a biennium>, exceed the
9-23 amount appropriated are available for general governmental
9-24 purposes. The comptroller shall develop accounting and revenue
9-25 estimating procedures so that each dedicated account maintained in
9-26 the general revenue fund can be separately identified as to
9-27 balances of cash and other assets and the amounts of revenues and
10-1 expenditures and appropriations for each fiscal year. Following
10-2 certification of the General Appropriations Act and other
10-3 appropriations measures, the comptroller shall reduce each
10-4 dedicated account by the amount by which estimated revenues and
10-5 unobligated balances exceed appropriations. The reductions may be
10-6 made in the amounts and at the times necessary so that cash flow
10-7 considerations allow all the dedicated accounts to maintain
10-8 adequate cash balances to transact routine business. The
10-9 legislature may authorize, in the General Appropriations Act, the
10-10 temporary delay of the excess balance reduction required for
10-11 accounts under this subsection that exceed the amount appropriated
10-12 for the dedicated purposes. This subsection does not apply to
10-13 revenues in:
10-14 (1) funds outside the treasury;
10-15 (2) trust funds, which for purposes of this section
10-16 include funds that may or are required to be used in whole or in
10-17 part for the acquisition, development, construction, or maintenance
10-18 of state and local government infrastructures, recreational
10-19 facilities, or natural resource conservation facilities;
10-20 (3) funds created by the constitution or a court; or
10-21 (4) funds for which separate accounting is required by
10-22 federal law.
10-23 (c) The availability of revenues for general governmental
10-24 purposes conferred by Subsection (b) expires on September 1, 1997
10-25 <the first day of the subsequent biennium>.
10-26 SECTION 19. The appropriations made to the Department of
10-27 Public Safety out of the General Revenue Fund-Consolidated in House
11-1 Bill 1, 74th Legislature, Regular Session, are hereby reduced by
11-2 the amount of $13,104,518 for fiscal year 1996 and by the amount of
11-3 $13,104,518 for fiscal year 1997. In addition, the appropriations
11-4 made to the Department of Public Safety out of the State Highway
11-5 Fund in House Bill 1, 74th Legislature, Regular Session, are hereby
11-6 increased by the amount of $13,104,518 for fiscal year 1996 and by
11-7 the amount of $13,104,518 for fiscal year 1997.
11-8 SECTION 20. The importance of this legislation and the
11-9 crowded condition of the calendars in both houses create an
11-10 emergency and an imperative public necessity that the
11-11 constitutional rule requiring bills to be read on three several
11-12 days in each house be suspended, and this rule is hereby suspended,
11-13 and that this Act take effect and be in force from and after its
11-14 passage, and it is so enacted.