By Montford S.B. No. 1497
74R7359 RJA-F
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:
2-5 (A) the state highway fund, designated by
2-6 Article 6694, Revised Statutes;
2-7 (B) the public transportation fund, established
2-8 by Section 5, Chapter 679, Acts of the 64th Legislature, Regular
2-9 Session, 1975 (Article 6663c, Vernon's Texas Civil Statutes);
2-10 (C) the traffic safety fund, created by Section
2-11 6, Texas Traffic Safety Act of 1967 (Article 6701j-1, Vernon's
2-12 Texas Civil Statutes);
2-13 (D) the 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);
2-17 (E) the aviation trust fund, created by Article
2-18 46i-3, Revised Statutes;
2-19 (F) each medical school tuition set aside
2-20 account required by Section 61.539, Education Code;
2-21 (G) the scholarship fund for fifth-year
2-22 accounting students established by Section 32, Public Accountancy
2-23 Act of 1991 (Article 41a-1, Vernon's Texas Civil Statutes);
2-24 (H) the future teacher loan fund authorized by
2-25 Subchapter M, Chapter 61, Education Code;
2-26 (I) the professional nursing student financial
2-27 aid and loan repayment fund account authorized by Subchapter L,
3-1 Chapter 61, Education Code; and
3-2 (J) the vocational nursing student financial aid
3-3 and loan repayment fund account authorized by Subchapter L, Chapter
3-4 61, Education Code; or
3-5 (6) <(5)> funds for revenue to be expended only by an
3-6 agency or entity in the judicial branch of government.
3-7 SECTION 4. Section 403.095(b), Government Code, is amended
3-8 to read as follows:
3-9 (b) Notwithstanding any law dedicating or setting aside
3-10 revenue for a particular purpose or entity, dedicated revenues
3-11 that, at the end of a biennium, exceed the amount appropriated are
3-12 available for general governmental purposes. This subsection does
3-13 not apply to revenues in:
3-14 (1) funds outside the treasury;
3-15 (2) trust funds, which for purposes of this section
3-16 include funds that may or are required to be used in whole or in
3-17 part for the acquisition, development, construction, or maintenance
3-18 of state and local government infrastructures, recreational
3-19 facilities, or natural resource conservation facilities;
3-20 (3) funds created by the constitution or a court; <or>
3-21 (4) funds for which separate accounting is required by
3-22 federal law; or
3-23 (5) funds dedicated by statute to:
3-24 (A) the state highway fund, designated by
3-25 Article 6694, Revised Statutes;
3-26 (B) the public transportation fund, established
3-27 by Section 5, Chapter 679, Acts of the 64th Legislature, Regular
4-1 Session, 1975 (Article 6663c, Vernon's Texas Civil Statutes);
4-2 (C) the traffic safety fund, created by Section
4-3 6, Texas Traffic Safety Act of 1967 (Article 6701j-1, Vernon's
4-4 Texas Civil Statutes);
4-5 (D) the Texas highway beautification fund,
4-6 established by Section 4.05, Chapter 741, Acts of the 67th
4-7 Legislature, Regular Session, 1981 (Article 4477-9a, Vernon's Texas
4-8 Civil Statutes);
4-9 (E) the aviation trust fund, created by Article
4-10 46i-3, Revised Statutes;
4-11 (F) each medical school tuition set aside
4-12 account required by Section 61.539, Education Code;
4-13 (G) the scholarship fund for fifth-year
4-14 accounting students established by Section 32, Public Accountancy
4-15 Act of 1991 (Article 41a-1, Vernon's Texas Civil Statutes);
4-16 (H) the future teacher loan fund authorized by
4-17 Subchapter M, Chapter 61, Education Code;
4-18 (I) the professional nursing student financial
4-19 aid and loan repayment fund account authorized by Subchapter L,
4-20 Chapter 61, Education Code; and
4-21 (J) the vocational nursing student financial aid
4-22 and loan repayment fund account authorized by Subchapter L, Chapter
4-23 61, Education Code.
4-24 SECTION 5. The public transportation fund, the traffic
4-25 safety fund, the Texas highway beautification fund, the aviation
4-26 trust fund, and the scholarship fund for fifth-year accounting
4-27 students are re-created as special funds in the state treasury to
5-1 be used for the purposes designated by law.
5-2 SECTION 6. The importance of this legislation and the
5-3 crowded condition of the calendars in both houses create an
5-4 emergency and an imperative public necessity that the
5-5 constitutional rule requiring bills to be read on three several
5-6 days in each house be suspended, and this rule is hereby suspended,
5-7 and that this Act take effect and be in force from and after its
5-8 passage, and it is so enacted.