By Junell H.B. No. 3050
74R7483 GCH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to exemption of certain funds from consolidation,
1-3 re-creation of certain consolidated funds, preservation 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. Section 56.54, Code of Criminal Procedure, is
1-8 amended by adding Subsection (h) to read as follows:
1-9 (h) Sections 403.094 and 403.095, Government Code, do not
1-10 apply to the compensation to victims of crime fund or the
1-11 compensation to victims of crime auxiliary fund.
1-12 SECTION 2. The compensation to victims of crime fund and the
1-13 compensation to victims of crime auxiliary fund are re-created as
1-14 special funds to be used for the purposes designated in Subchapter
1-15 B, Chapter 56, Code of Criminal Procedure.
1-16 SECTION 3. Section 403.094(j), Government Code, is amended
1-17 to read as follows:
1-18 (j) This section does not apply to:
1-19 (1) funds outside the treasury;
1-20 (2) trust funds, which for purposes of this section
1-21 include funds that may or are required to be used in whole or in
1-22 part for the acquisition, development, construction, or maintenance
1-23 of state and local government infrastructures, recreational
1-24 facilities, or natural resource conservation facilities;
2-1 (3) funds created by the constitution or a court;
2-2 (4) funds for which separate accounting is required by
2-3 federal law;
2-4 (5) funds dedicated by statute to the:
2-5 (A) state highway fund, designated by Article
2-6 6694, Revised Statutes;
2-7 (B) public transportation fund, established by
2-8 Section 5, Chapter 679, Acts of the 64th Legislature, Regular
2-9 Session, 1975 (Article 6663c, Vernon's Texas Civil Statutes);
2-10 (C) traffic safety fund, created by Section 6,
2-11 Texas Traffic Safety Act of 1967 (Article 6701j-1, Vernon's Texas
2-12 Civil Statutes);
2-13 (D) Texas highway beautification fund,
2-14 established by Section 4.05, Chapter 741, Acts of the 67th
2-15 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
2-16 Civil Statutes); and
2-17 (E) aviation trust fund, created by Article
2-18 46i-3, Revised Statutes; or
2-19 (6) <(5)> funds for revenue to be expended only by an
2-20 agency or entity in the judicial branch of government.
2-21 SECTION 4. Section 403.095(b), Government Code, is amended
2-22 to read as follows:
2-23 (b) Notwithstanding any law dedicating or setting aside
2-24 revenue for a particular purpose or entity, dedicated revenues
2-25 that, at the end of a biennium, exceed the amount appropriated are
2-26 available for general governmental purposes. This subsection does
2-27 not apply to revenues in:
3-1 (1) funds outside the treasury;
3-2 (2) trust funds, which for purposes of this section
3-3 include funds that may or are required to be used in whole or in
3-4 part for the acquisition, development, construction, or maintenance
3-5 of state and local government infrastructures, recreational
3-6 facilities, or natural resource conservation facilities;
3-7 (3) funds created by the constitution or a court; <or>
3-8 (4) funds for which separate accounting is required by
3-9 federal law; or
3-10 (5) funds dedicated by statute to the:
3-11 (A) state highway fund, designated by Article
3-12 6694, Revised Statutes;
3-13 (B) public transportation fund, established by
3-14 Section 5, Chapter 679, Acts of the 64th Legislature, Regular
3-15 Session, 1975 (Article 6663c, Vernon's Texas Civil Statutes);
3-16 (C) traffic safety fund, created by Section 6,
3-17 Texas Traffic Safety Act of 1967 (Article 6701j-1, Vernon's Texas
3-18 Civil Statutes);
3-19 (D) Texas highway beautification fund,
3-20 established by Section 4.05, Chapter 741, Acts of the 67th
3-21 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
3-22 Civil Statutes); and
3-23 (E) aviation trust fund, created by Article
3-24 46i-3, Revised Statutes.
3-25 SECTION 5. The public transportation fund, the traffic
3-26 safety fund, the Texas highway beautification fund, and the
3-27 aviation trust fund are re-created as special funds.
4-1 SECTION 6. Section 44.0061, Health and Safety Code, is
4-2 amended by adding Subsection (d) to read as follows:
4-3 (d) Sections 403.094 and 403.095, Government Code, do not
4-4 apply to the sexual assault program fund.
4-5 SECTION 7. The sexual assault program fund is re-created as
4-6 a special fund to be used for the purposes designated in Section
4-7 44.0061, Health and Safety Code.
4-8 SECTION 8. Section 74.006, Human Resources Code, is amended
4-9 by adding Subsection (d) to read as follows:
4-10 (d) Sections 403.094 and 403.095, Government Code, do not
4-11 apply to the trust fund.
4-12 SECTION 9. Section 74.007, Human Resources Code, is amended
4-13 by adding Subsection (d) to read as follows:
4-14 (d) Sections 403.094 and 403.095, Government Code, do not
4-15 apply to the operating fund.
4-16 SECTION 10. Section 118.022(b), Local Government Code, is
4-17 amended to read as follows:
4-18 (b) The comptroller shall deposit the money received under
4-19 this section to the credit of the children's trust fund established
4-20 under Section 74.006, Human Resources Code. The dedication is
4-21 exempt from the application of Sections 403.094 and 403.095,
4-22 Government Code.
4-23 SECTION 11. The Children's Trust Fund of Texas Council
4-24 operating fund is re-created as a special fund to be used for the
4-25 purposes designated in Chapter 74, Human Resources Code.
4-26 SECTION 12. The importance of this legislation and the
4-27 crowded condition of the calendars in both houses create an
5-1 emergency and an imperative public necessity that the
5-2 constitutional rule requiring bills to be read on three several
5-3 days in each house be suspended, and this rule is hereby suspended,
5-4 and that this Act take effect and be in force from and after its
5-5 passage, and it is so enacted.