1-1 By: Junell (Senate Sponsor - Montford) H.B. No. 3050
1-2 (In the Senate - Received from the House May 15, 1995;
1-3 May 16, 1995, read first time and referred to Committee on Finance;
1-4 May 23, 1995, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 11, Nays 0; May 23, 1995,
1-6 sent to printer.)
1-7 COMMITTEE SUBSTITUTE FOR H.B. No. 3050 By: Montford
1-8 A BILL TO BE ENTITLED
1-9 AN ACT
1-10 relating to exemption of certain funds from consolidation,
1-11 re-creation of certain funds, preservation and creation of certain
1-12 dedications of revenue, and exemption of certain unappropriated
1-13 amounts from use for general governmental purposes.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Effective August 30, 1995, the following funds
1-16 and special accounts in the state treasury are exempt from Sections
1-17 403.094 and 403.095, Government Code, and are re-created as special
1-18 accounts in the general revenue fund to be used only for the
1-19 purposes designated by law:
1-20 (1) attorney general law enforcement account;
1-21 (2) Advisory Commission on Emergency Communications
1-22 account;
1-23 (3) governor's office disaster contingency account;
1-24 (4) governor's office criminal justice planning
1-25 account;
1-26 (5) Texas preservation trust fund;
1-27 (6) Capitol fund;
1-28 (7) Inaugural Account, 472;
1-29 (8) crippled children's fund;
1-30 (9) sexual assault program fund;
1-31 (10) Texas capital trust fund;
1-32 (11) Texas collegiate license plate program;
1-33 (12) medical school tuition set-aside fund;
1-34 (13) scholarship for fifth-year accounting students;
1-35 (14) coastal protection fund;
1-36 (15) traffic safety fund account;
1-37 (16) aviation trust fund account;
1-38 (17) public transportation account fund;
1-39 (18) Texas highway beautification fund account;
1-40 (19) Department of Insurance operating fund;
1-41 (20) Texas Racing Commission fund account, 597;
1-42 (21) Workers' Compensation Research Center fund;
1-43 (22) governor's endowment fund account;
1-44 (23) lieutenant governor's endowment fund account;
1-45 (24) alternative fuels research and education fund
1-46 account;
1-47 (25) Texas exporters loan fund;
1-48 (26) coastal protection fund account, 27;
1-49 (27) food and drug registration fund;
1-50 (28) home health services fund;
1-51 (29) asbestos removal licensure fund;
1-52 (30) workplace chemical lists fund;
1-53 (31) certification of mammography systems fund;
1-54 (32) oyster sales fund;
1-55 (33) crippled children's refund fund;
1-56 (34) hospital licensing fund;
1-57 (35) emergency medical services fund;
1-58 (36) public health services fund;
1-59 (37) food service establishment fund;
1-60 (38) motorcycle education fund account, 501; and
1-61 (39) minority doctoral incentive program account.
1-62 SECTION 2. Effective September 1, 1995, the following funds
1-63 and special accounts in the state treasury are exempt from Section
1-64 403.094, Government Code, and are created or re-created, as
1-65 appropriate, as special accounts in the general revenue fund to be
1-66 used only for the purposes designated by law:
1-67 (1) small business air compliance fund account;
1-68 (2) small business environmental compliance fund
2-1 account;
2-2 (3) accounts authorized by the Parks and Wildlife
2-3 Code;
2-4 (4) Texas housing depository fund;
2-5 (5) workers' compensation insurance fund guaranty
2-6 account;
2-7 (6) Texas Water Development Board administrative fund,
2-8 041;
2-9 (7) Air Control Board fund, 102;
2-10 (8) radioactive substance fee fund, 304;
2-11 (9) unemployment compensation special administration
2-12 fund account, 165; and
2-13 (10) TERRA fund.
2-14 SECTION 3. Effective September 1, 1995, the state lease fund
2-15 in the state treasury is exempt from Section 403.094, Government
2-16 Code, and is re-created as a special account in the general revenue
2-17 fund to be used only for the purposes designated by law. Any
2-18 unencumbered balances in the state lease fund in excess of amounts
2-19 needed for debt service shall be transferred to the credit of the
2-20 general revenue fund at the end of each biennium.
2-21 SECTION 4. Effective August 30, 1995, the following funds
2-22 are exempt from Section 403.094, Government Code, and are created
2-23 or re-created, as appropriate, as special funds in the state
2-24 treasury outside the general revenue fund to be used only for the
2-25 purposes designated by law:
2-26 (1) university bonds for education of Texans;
2-27 (2) prepaid postsecondary education expense fund;
2-28 (3) Texas Youth Commission industries program fund;
2-29 (4) telecommunications infrastructure fund;
2-30 (5) regulator transition fund;
2-31 (6) proprietary school tuition protection fund; and
2-32 (7) cosmetology school tuition protection fund.
2-33 SECTION 5. Effective September 1, 1995, the following funds
2-34 are exempt from Section 403.094, Government Code, and are created
2-35 or re-created, as appropriate, as trust funds in the state treasury
2-36 outside the general revenue fund to be used only for the purposes
2-37 designated by law:
2-38 (1) ICF/MR trust fund; and
2-39 (2) auctioneer public protection recovery trust fund.
2-40 SECTION 6. Effective September 1, 1995, the Water
2-41 Development Board operating fund for state revolving funds is
2-42 exempt from Section 403.094, Government Code, and is created as a
2-43 special fund outside the state treasury to be used only for the
2-44 purposes designated by law.
2-45 SECTION 7. Effective August 30, 1995, the following revenue
2-46 is exempt from Section 403.094, Government Code, and may be used
2-47 only for the purposes designated by law:
2-48 (1) revenue dedicated to the children's trust fund;
2-49 (2) revenue statutorily dedicated to the Department of
2-50 Insurance operating fund;
2-51 (3) revenue statutorily dedicated to the state highway
2-52 fund; and
2-53 (4) revenue dedicated to the Texas Racing Commission
2-54 for operation and allocation as provided by statute.
2-55 SECTION 8. Effective August 30, 1995, revenue collected as
2-56 court costs and dedicated to the following funds and special
2-57 accounts is exempt from Section 403.094, Government Code, and may
2-58 be used only for the purposes designated by law:
2-59 (1) abused children's counseling account;
2-60 (2) crime stoppers assistance account;
2-61 (3) breath alcohol testing account;
2-62 (4) Bill Blackwood Law Enforcement Management
2-63 Institute of Texas account;
2-64 (5) law enforcement officers standards and education
2-65 fund account;
2-66 (6) comprehensive rehabilitation fund account;
2-67 (7) operator's and chauffeur's license fund account;
2-68 (8) criminal justice planning fund account; and
2-69 (9) compensation to victims of crime fund account.
2-70 SECTION 9. Effective August 30, 1995, revenue collected as
3-1 maintenance tax imposed under the Insurance Code and allocated for
3-2 the operation of the Department of Insurance is exempt from Section
3-3 403.094, Government Code, and may be used only for the purposes
3-4 designated by law.
3-5 SECTION 10. Effective August 30, 1995, bond proceeds from
3-6 bonds authorized by or as provided by the 74th Legislature, Regular
3-7 Session, 1995, are exempt from Sections 403.094 and 403.095,
3-8 Government Code.
3-9 SECTION 11. Effective August 30, 1995, revenue in excess of
3-10 1994 levels, as determined by the comptroller, from the Safe
3-11 Drinking Water Act fee deposited in account 524 is exempt from
3-12 Section 403.094, Government Code, and may be used only for the
3-13 purpose of financing the Texas Department of Health's laboratory
3-14 facility as established by House Bill No. 2022, Acts of the 74th
3-15 Legislature, Regular Session, 1995.
3-16 SECTION 12. Effective August 30, 1995, revenue in excess of
3-17 1994 levels, as determined by the comptroller, from the early and
3-18 periodic screening, diagnosis, and treatment fee deposited in
3-19 account 273 is exempt from Section 403.094, Government Code, and
3-20 may be used only for the purpose of financing the Texas Department
3-21 of Health's laboratory facility as established by House Bill No.
3-22 2022, Acts of the 74th Legislature, Regular Session, 1995.
3-23 SECTION 13. Effective September 1, 1995, revenue collected
3-24 as fees by the attorney general under Article 9023d, Revised
3-25 Statutes, may be used only for the purposes designated by that
3-26 article.
3-27 SECTION 14. Effective August 30, 1995, Section 40.151(c),
3-28 Natural Resources Code, is repealed.
3-29 SECTION 15. Effective August 30, 1995, Section 40.155,
3-30 Natural Resources Code, is amended to read as follows:
3-31 Sec. 40.155. Determination of Fee. (a) Except as otherwise
3-32 provided in this section, the rate of the fee shall be two cents
3-33 per barrel of crude oil until the commissioner certifies that the
3-34 unencumbered balance in the fund has reached $25 million. The
3-35 commissioner shall certify to the comptroller the date on which the
3-36 unencumbered balance in the fund exceeds $25 million. The fee
3-37 shall not be collected or required to be paid on or after the first
3-38 day of the second month following the commissioner's certification
3-39 to the comptroller that the unencumbered balance in the fund
3-40 exceeds $25 million.
3-41 (b) If the unencumbered balance in the fund falls below $14
3-42 million, the commissioner shall certify such fact to the
3-43 comptroller. On receiving the commissioner's certification, the
3-44 comptroller shall resume collecting the fee until suspended in the
3-45 manner provided in Subsection (a) of this section.
3-46 (c) Notwithstanding the provisions of Subsection (a) or (b)
3-47 of this section, the fee shall be levied at the rate of four cents
3-48 per barrel if the commissioner certifies to the comptroller a
3-49 written finding of the following facts:
3-50 (1) the unencumbered balance in the fund is less than
3-51 $25 million;
3-52 (2) an unauthorized discharge of oil in excess of
3-53 100,000 gallons has occurred within the previous 30 days; and
3-54 (3) expenditures from the fund for response costs and
3-55 damages are expected to deplete the fund substantially.
3-56 (d) In the event of a certification to the comptroller under
3-57 Subsection (c) of this section, the comptroller shall collect the
3-58 fee at the rate of four cents per barrel until the unencumbered
3-59 balance in the fund reaches $25 million or any lesser amount that
3-60 the commissioner determines is necessary to pay response costs and
3-61 damages without substantially depleting the fund. The commissioner
3-62 shall certify to the comptroller the date on which the unencumbered
3-63 balance in the fund exceeds $25 million or such other lesser
3-64 amount. The fee shall not be collected or required to be paid on
3-65 or after the first day of the second month following the
3-66 commissioner's certification to the comptroller.
3-67 (e) For purposes of this section, the unencumbered balance
3-68 of the fund shall be determined by the unencumbered cash balance of
3-69 the fund at the end of each month or on the date of a finding under
3-70 Subsection (c) of this section.
4-1 SECTION 16. This Act prevails over any other Act of the 74th
4-2 Legislature, Regular Session, regardless of the relative dates of
4-3 enactment, that purports to create or re-create a special fund or
4-4 account in or outside of the general revenue fund or to dedicate or
4-5 rededicate revenue to a particular purpose, including any fund or
4-6 revenue dedication abolished under Section 403.094, Government
4-7 Code. The creation of a special fund or account or the dedication
4-8 of revenue in such an Act is of no force or effect unless the fund
4-9 is created or the revenue is dedicated or rededicated by this Act.
4-10 Revenues that, under the terms of such an Act, would be deposited
4-11 to the credit of a special fund or account shall be deposited to
4-12 the credit of the unobligated portion of the general revenue fund.
4-13 SECTION 17. Effective September 1, 1995, Section 403.094,
4-14 Government Code, is repealed.
4-15 SECTION 18. Effective September 1, 1995, Section 403.095,
4-16 Government Code, is reenacted and amended to read as follows:
4-17 Sec. 403.095. Use of Dedicated Revenue. (a) Revenue
4-18 <Notwithstanding any action taken by the comptroller under Section
4-19 403.094, revenue> that has been set aside by law for a particular
4-20 purpose or entity is available for that purpose or entity to the
4-21 extent money is appropriated for that purpose or entity.
4-22 Expenditures made in furtherance of the dedicated purpose or entity
4-23 shall be made from money received from the dedicated revenue source
4-24 to the extent those funds are appropriated.
4-25 (b) Notwithstanding any law dedicating or setting aside
4-26 revenue for a particular purpose or entity, dedicated revenues
4-27 that, on August 31, 1997 <at the end of a biennium>, exceed the
4-28 amount appropriated are available for general governmental
4-29 purposes. The comptroller shall develop accounting and revenue
4-30 estimating procedures so that each dedicated account maintained in
4-31 the general revenue fund can be separately identified as to
4-32 balances of cash and other assets and the amounts of revenues and
4-33 expenditures and appropriations for each fiscal year. Following
4-34 certification of the General Appropriations Act and other
4-35 appropriations measures, the comptroller shall reduce each
4-36 dedicated account by the amount by which estimated revenues and
4-37 unobligated balances exceed appropriations. The reductions may be
4-38 made in the amounts and at the times necessary so that cash flow
4-39 considerations allow all the dedicated accounts to maintain
4-40 adequate cash balances to transact routine business. The
4-41 legislature may authorize, in the General Appropriations Act, the
4-42 temporary delay of the excess balance reduction required for
4-43 accounts under this subsection that exceed the amount appropriated
4-44 for the dedicated purposes. This subsection does not apply to
4-45 revenues in:
4-46 (1) funds outside the treasury;
4-47 (2) trust funds, which for purposes of this section
4-48 include funds that may or are required to be used in whole or in
4-49 part for the acquisition, development, construction, or maintenance
4-50 of state and local government infrastructures, recreational
4-51 facilities, or natural resource conservation facilities;
4-52 (3) funds created by the constitution or a court; or
4-53 (4) funds for which separate accounting is required by
4-54 federal law.
4-55 (c) The availability of revenues for general governmental
4-56 purposes conferred by Subsection (b) expires on September 1, 1997
4-57 <the first day of the subsequent biennium>.
4-58 SECTION 19. The importance of this legislation and the
4-59 crowded condition of the calendars in both houses create an
4-60 emergency and an imperative public necessity that the
4-61 constitutional rule requiring bills to be read on three several
4-62 days in each house be suspended, and this rule is hereby suspended,
4-63 and that this Act take effect and be in force from and after its
4-64 passage, and it is so enacted.
4-65 * * * * *