Amend HB 2948 by striking all below the enacting clause and
substituting the following:
SECTION 1. DEFINITION. In this Act, "state agency" means an
office, institution, or other agency that is in the executive
branch of state government, has authority that is not limited to a
geographical portion of the state, and was created by the
constitution or a statute of this state, but does not include an
institution of higher education as defined by Section 61.003,
Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created in the state treasury by an Act
of the 75th Legislature, Regular Session, 1997, that becomes law,
and all dedications or rededications of revenue in the state
treasury or otherwise collected by a state agency for a particular
purpose by an Act of the 75th Legislature, Regular Session, 1997,
that becomes law, are abolished on the later of August 30, 1997, or
the date the Act creating or re-creating the fund or account or
dedicating or rededicating revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to statutory
dedications, funds, and accounts that were enacted before the 75th
Legislature convened to comply with requirements of state
constitutional or federal law, to dedications, funds, or accounts
that remained exempt from former Section 403.094(h), Government
Code, at the time dedications, accounts, and funds were abolished
under that provision, to increases in fees or in other revenue
dedicated as described by this section, or to increases in fees or
in other revenue required to be deposited in a fund or account
described by this section.
SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective
August 30, 1997, the following accounts and the revenue deposited
to the credit of the accounts are exempt from Section 2 of this Act
and Section 403.095, Government Code, and are created in the
general revenue fund, if created by an Act of the 75th Legislature,
Regular Session, 1997, that becomes law:
(1) the capital access fund account created by Senate
Bill No. 266;
(2) the account containing fees for maintaining a real
estate license on inactive status created by House Bill No. 1346;
(3) the sexual assault prevention and crisis services
fund created by House Bill No. 2561;
(4) laboratory service charges authorized by House
Bill No. 2389;
(5) sale or licensing fees for the use of treatment
programs authorized by House Bill No. 2082;
(6) the excess benefit arrangement accounts created by
Senate Bill No. 1102 and House Bill No. 2644;
(7) fees and accounts created by House Bill No. 3231;
(8) the Texas child care fund created by Senate Bill
No. 211;
(9) the emergency reserve fund created by Senate Bill
No. 1156;
(10) the watermaster fund created by Senate Bill No.
1406;
(11) funds and accounts created by House Bill No.
1188;
(12) the disaster management trust fund created by
House Bill No. 99;
(13) revenue collected under the authority of House
Bill No. 16;
(14) revenue collected for the game, fish, and water
safety account as provided by House Bill No. 966;
(15) revenue apportioned as provided by House Bill No.
2153;
(16) crab management license fees authorized by Senate
Bill No. 920;
(17) proceeds to relocate the State Aircraft Pooling
Board authorized by House Bill No. 3585;
(18) menhaden boat license fees authorized by House
Bill No. 520; and
(19) licensing fees authorized by Senate Bill No. 771.
SECTION 5. OTHER FUNDS IN TREASURY. Effective August 30,
1997, the following funds in the state treasury and the revenue
deposited to the credit of the funds are exempt from Section 2 of
this Act and Section 403.095, Government Code, if created by an Act
of the 75th Legislature, Regular Session, 1997, that becomes law:
(1) the groundwater district loan assistance fund
created by Senate Bill No. 1;
(2) the Texas water development fund II, including all
accounts in the fund, created by Senate Bill No. 1;
(3) the safe drinking water revolving fund created by
Senate Bill No. 1;
(4) the basic civil legal services account of the
judicial fund created by Senate Bill No. 1534;
(5) the state infrastructure bank and revenues of the
turnpike division of the Texas Department of Transportation as
provided by Senate Bill No. 370;
(6) the telecommunications infrastructure fund and the
revenue dedicated to it as provided by Senate Bill No. 249;
(7) revenue, funds, and accounts authorized by House
Bill No. 4;
(8) permit fees authorized by House Bill No. 1345;
(9) revenue, funds, and accounts authorized by Senate
Bill No. 190; and
(10) revenue, funds, and accounts authorized by Senate
Bill No. 932.
SECTION 6. CERTAIN FEE REVENUE. Effective August 30, 1997,
revenue consisting of fees collected under Section 5(m), The Real
Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
is dedicated for the purposes provided by that subsection and is
exempt from Section 2 of this Act and Section 403.095, Government
Code.
SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created pursuant to an Act of the 75th Legislature,
Regular Session, 1997, for which separate accounting is required by
federal law, except that the funds shall be deposited in accounts
in the general revenue fund unless otherwise required by federal
law.
SECTION 8. TRUST FUNDS. Section 2 of this Act does not apply
to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 75th Legislature, Regular Session,
1997, except that the trust funds shall be held in the state
treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 9. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of
the 75th Legislature, Regular Session, 1997, except that the funds
shall be held in the state treasury, with the comptroller in trust,
or outside the state treasury with the comptroller's approval.
Funds exempt under this section include bond and pledged funds or
accounts created or affected by the following, if enacted by the
75th Legislature, Regular Session, 1997, by an Act that becomes
law:
(1) revenue bond funds in Senate Bill No. 1060;
(2) revenue bonds in Senate Bill No. 370; and
(3) revenue bond accounts in House Bill No. 3189.
SECTION 10. CONSTITUTIONAL FUNDS. Section 2 of this Act does
not apply to funds or accounts that would be created or re-created
in the Texas Constitution or revenue that would be dedicated or
rededicated by the Texas Constitution under constitutional
amendments proposed by the 75th Legislature, Regular Session, 1997,
or to dedicated revenue deposited to funds or accounts that would
be so created or re-created. Funds, accounts, and revenue exempted
under this section include the following:
(1) the Texas tomorrow fund in House Joint Resolution
No. 8 and House Bill No. 9;
(2) the crime victims compensation fund and the crime
victims auxiliary fund in Senate Joint Resolution No. 33 and House
Bill No. 3062;
(3) lottery and property tax revenue in House Joint
Resolution No. 4 or House Bill No. 4;
(4) the Texas growth fund II in House Bill No. 138 or
similar legislation; and
(5) the Texas water development fund II in Senate
Joint Resolution No. 17 or similar legislation.
SECTION 11. LICENSE PLATE FEES. Effective August 30, 1997,
revenue consisting of fees collected from the sale of motor vehicle
license plates that are authorized by an Act of the 75th
Legislature, Regular Session, 1997, that becomes law are exempt
from Section 2 of this Act and Section 403.095, Government Code.
SECTION 12. COURT COSTS. Effective August 30, 1997, revenue
consisting of court costs authorized by an Act of the 75th
Legislature, Regular Session, 1997, that becomes law are exempt
from Section 2 of this Act and Section 403.095, Government Code.
SECTION 13. AMENDMENT. Effective September 1, 1997, Sections
403.095(b) and (c), Government Code, are amended to read as
follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues
that, on August 31, 1999 <1997>, exceed the amount appropriated are
available for general governmental purposes. The comptroller shall
develop accounting and revenue estimating procedures so that each
dedicated account maintained in the general revenue fund can be
separately identified as to balances of cash and other assets and
the amounts of revenues and expenditures and appropriations for
each fiscal year. Following certification of the General
Appropriations Act and other appropriations measures, the
comptroller shall reduce each dedicated account by the amount by
which estimated revenues and unobligated balances exceed
appropriations. The reductions may be made in the amounts and at
the times necessary so that cash flow considerations allow all the
dedicated accounts to maintain adequate cash balances to transact
routine business. The legislature may authorize, in the General
Appropriations Act, the temporary delay of the excess balance
reduction required for accounts under this subsection that exceed
the amount appropriated for the dedicated purposes. This
subsection does not apply to revenues in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in
part for the acquisition, development, construction, or maintenance
of state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(c) The availability of revenues for general governmental
purposes conferred by Subsection (b) expires on September 1, 1999
<1997>.
SECTION 14. AMENDMENT. The heading to and Subsection (a) of
Section 2201.003, Government Code, are amended to read as follows:
Sec. 2201.003. TRANSFERS FROM CAPITAL TRUST <RELATION TO
GENERAL REVENUE> FUND. (a) Interest earned by <Income from> the
fund shall be deposited to the credit of the housing trust <general
revenue> fund.
SECTION 15. EFFECT OF ACT. This Act prevails over any other
Act of the 75th Legislature, Regular Session, 1997, regardless of
the relative dates of enactment, that purports to create or
re-create a special fund or account in the state treasury or to
dedicate or rededicate revenue to a particular purpose, including
any fund, account, or revenue dedication abolished under former
Section 403.094, Government Code. Revenues that, under the terms
of another Act of the 75th Legislature, Regular Session, 1997,
would be deposited to the credit of a special account or fund shall
be deposited to the credit of the unobligated portion of the
general revenue fund, unless the fund, account, or dedication is
exempted under this Act.
SECTION 16. EMERGENCY. The importance of this legislation
and the crowded condition of the calendars in both houses create an
emergency and an imperative public necessity that the
constitutional rule requiring bills to be read on three several
days in each house be suspended, and this rule is hereby suspended,
and that this Act take effect and be in force from and after its
passage, and it is so enacted.