By Turner of Harris                                   H.B. No. 2948
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the creation and re-creation of funds and accounts in
 1-3     the state treasury, the dedication and rededication of revenue, and
 1-4     the exemption of unappropriated money from use for general
 1-5     governmental purposes.
 1-6           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-7           SECTION 1.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
 1-8     Except as otherwise specifically provided by this Act, all funds
 1-9     and accounts created or re-created in the state treasury by an Act
1-10     of the 75th Legislature, Regular Session, 1997, that becomes law,
1-11     and all dedications or rededications of revenue in the state
1-12     treasury or otherwise collected by a state agency for a particular
1-13     purpose by an Act of the 75th Legislature, Regular Session, 1997,
1-14     that becomes law, are abolished on the later of August 30, 1997, or
1-15     the date the Act creating or re-creating the fund or account or
1-16     dedicating or rededicating revenue takes effect.
1-17           SECTION 2.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
1-18     ACCOUNTS.  Section 1 of this Act does not apply to statutory
1-19     dedications, funds, and accounts that were enacted before the 75th
1-20     Legislature convened to comply with requirements of state
1-21     constitutional or federal law or to dedications, funds, or accounts
1-22     that remained exempt from former Section 403.094(h), Government
1-23     Code, at the time dedications, accounts, and funds were abolished
 2-1     under that provision.
 2-2           SECTION 3.  ACCOUNTS IN GENERAL REVENUE FUND.  Effective
 2-3     August 30, 1997, the following accounts in the general revenue
 2-4     fund, if created by an Act of the 75th Legislature, Regular
 2-5     Session, 1997, that becomes law, are exempt from Section 1 of this
 2-6     Act and Section 403.095, Government Code:
 2-7                 (1)  the capital access fund account created by Senate
 2-8     Bill No. 266 or House Bill No. 618; and
 2-9                 (2)  the account containing fees for maintaining a real
2-10     estate license on inactive status created by House Bill No. 1346.
2-11           SECTION 4.  OTHER FUNDS IN TREASURY.  Effective August 30,
2-12     1997, the following funds in the state treasury, if created by an
2-13     Act of the 75th Legislature, Regular Session, 1997, that becomes
2-14     law, are exempt from Section 1 of this Act and Section 403.095,
2-15     Government Code:
2-16                 (1)  the groundwater district loan assistance fund
2-17     created by Senate Bill No. 1 or House Bill No. 5;
2-18                 (2)  the Texas water development fund II, including all
2-19     accounts in the fund,  created by Senate Bill No. 1 or House Bill
2-20     No. 5; and
2-21                 (3)  the safe drinking water revolving fund created by
2-22     Senate Bill No. 1 or House Bill No. 5.
2-23           SECTION 5.  CERTAIN FEE REVENUE.  Effective August 30, 1997,
2-24     revenue consisting of fees collected under Section 5(m), The Real
2-25     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
 3-1     if rededicated by an Act of the 75th Legislature, Regular Session,
 3-2     1997, that becomes law, including House Bill No. 2539 or Senate
 3-3     Bill No. 1497, is exempt from Section 1 of this Act and Section
 3-4     403.095, Government Code.
 3-5           SECTION 6.  FEDERAL FUNDS.  Section 1 of this Act does not
 3-6     apply to funds created pursuant to an Act of the 75th Legislature,
 3-7     Regular Session, 1997, for which separate accounting is required by
 3-8     federal law, except that the funds shall be deposited in accounts
 3-9     in the general revenue fund unless otherwise required by federal
3-10     law.
3-11           SECTION 7.  TRUST FUNDS.  Section 1 of this Act does not
3-12     apply to trust funds or dedicated revenue deposited to trust funds
3-13     created under an Act of the 75th Legislature, Regular Session,
3-14     1997, except that the trust funds shall be held in the state
3-15     treasury, with the comptroller in trust, or outside the state
3-16     treasury with the comptroller's approval.
3-17           SECTION 8.  BOND FUNDS.  Section 1 of this Act does not apply
3-18     to bond funds and pledged funds created or affected by an Act of
3-19     the 75th Legislature, Regular Session, 1997, except that the funds
3-20     shall be held in the state treasury, with the comptroller in trust,
3-21     or outside the state treasury with the comptroller's approval.
3-22     Funds created or affected include bond and pledged funds or
3-23     accounts created or affected by the following, if enacted by the
3-24     75th Legislature, Regular Session, 1997, by an Act that becomes
3-25     law:
 4-1                 (1)  revenue bond funds in Senate Bill No. 1060;
 4-2                 (2)  revenue bonds in Senate Bill No. 370; and
 4-3                 (3)  revenue bond accounts in House Bill No. 3189.
 4-4           SECTION 9.  CONSTITUTIONAL FUNDS.  Section 1 of this Act does
 4-5     not apply to funds or accounts that would be created or re-created
 4-6     in the Texas Constitution or revenue that would be dedicated or
 4-7     rededicated by the Texas Constitution  under constitutional
 4-8     amendments proposed by the 75th Legislature, Regular Session, 1997,
 4-9     or to dedicated revenue deposited to funds or accounts that would
4-10     be so created or re-created.  Funds, accounts, and revenue exempted
4-11     under this section include the following:
4-12                 (1)  the Texas tomorrow fund in House Joint Resolution
4-13     No. 8, Senate Joint Resolution No. 27, House Bill No. 9, or similar
4-14     legislation;
4-15                 (2)  the crime victims compensation fund and the crime
4-16     victims auxiliary fund in Senate Joint Resolution No. 33, House
4-17     Joint Resolution No. 1, House Bill No. 3062, or similar
4-18     legislation;
4-19                 (3)  lottery and property tax revenue in House Joint
4-20     Resolution No. 4 or House Bill No. 4;
4-21                 (4)  the Texas growth fund II in House Bill No. 138 or
4-22     similar legislation; and
4-23                 (5)  the Texas water development fund II in Senate
4-24     Joint Resolution No. 17 or similar legislation.
4-25           SECTION 10.  AMENDMENT.  Effective September 1, 1997,
 5-1     Sections 403.095(b) and (c), Government Code, are amended to read
 5-2     as follows:
 5-3           (b)  Notwithstanding any law dedicating or setting aside
 5-4     revenue for a particular purpose or entity, dedicated revenues
 5-5     that, on August 31, 1999 [1997], exceed the amount appropriated are
 5-6     available for general governmental purposes.  The comptroller shall
 5-7     develop accounting and revenue estimating procedures so that each
 5-8     dedicated account maintained in the general revenue fund can be
 5-9     separately identified as to balances of cash and other assets and
5-10     the amounts of revenues and expenditures and appropriations for
5-11     each fiscal year.  Following certification of the General
5-12     Appropriations Act and other appropriations measures, the
5-13     comptroller shall reduce each dedicated account by the amount by
5-14     which estimated revenues and unobligated balances exceed
5-15     appropriations.  The reductions may be made in the amounts and at
5-16     the times necessary so that cash flow considerations allow all the
5-17     dedicated accounts to maintain adequate cash balances to transact
5-18     routine business.  The legislature may authorize, in the General
5-19     Appropriations Act, the temporary delay of the excess balance
5-20     reduction required for accounts under this subsection that exceed
5-21     the amount appropriated for the dedicated purposes.  This
5-22     subsection does not apply to revenues in:
5-23                 (1)  funds outside the treasury;
5-24                 (2)  trust funds, which for purposes of this section
5-25     include funds that may or are required to be used in whole or in
 6-1     part for the acquisition, development, construction, or maintenance
 6-2     of state and local government infrastructures, recreational
 6-3     facilities, or natural resource conservation facilities;
 6-4                 (3)  funds created by the constitution or a court; or
 6-5                 (4)  funds for which separate accounting is required by
 6-6     federal law.
 6-7           (c)  The availability of revenues for general governmental
 6-8     purposes conferred by Subsection (b) expires on September 1, 1999
 6-9     [1997].
6-10           SECTION 11.  AMENDMENT.  The heading to and Subsection (a)
6-11     of Section 2201.003, Government Code, are amended to read as
6-12     follows:
6-13           Sec. 2201.003.  TRANSFERS FROM CAPITAL TRUST [RELATION TO
6-14     GENERAL REVENUE] FUND.  (a)  Interest earned by [Income from] the
6-15     fund shall be deposited to the credit of the housing trust [general
6-16     revenue] fund.
6-17           SECTION 12.  EFFECT OF ACT.  This Act prevails over any other
6-18     Act of the 75th Legislature, Regular Session, 1997, regardless of
6-19     the relative dates of enactment, that purports to create or
6-20     re-create a special fund or account in the state treasury or to
6-21     dedicate or rededicate revenue to a particular purpose, including
6-22     any fund, account, or revenue dedication abolished under former
6-23     Section 403.094, Government Code.  Revenues that, under the terms
6-24     of another Act of the 75th Legislature, Regular Session, 1997,
6-25     would be deposited to the credit of a special account or fund shall
 7-1     be deposited to the credit of the unobligated portion of the
 7-2     general revenue fund, unless the fund, account, or dedication is
 7-3     exempted under this Act.
 7-4           SECTION 13.  EMERGENCY.  The importance of this legislation
 7-5     and the crowded condition of the calendars in both houses create an
 7-6     emergency and an imperative public necessity that the
 7-7     constitutional rule requiring bills to be read on three several
 7-8     days in each house be suspended, and this rule is hereby suspended,
 7-9     and that this Act take effect and be in force from and after its
7-10     passage, and it is so enacted.