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.  DEFINITION.  In this Act, "state agency" means an

 1-8     office, institution, or other agency that is in the executive

 1-9     branch of state government, has authority that is not limited to a

1-10     geographical portion of the state, and was created by the

1-11     constitution or a statute of this state, but does not include an

1-12     institution of higher education as defined by Section 61.003,

1-13     Education Code.

1-14           SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.

1-15     Except as otherwise specifically provided by this Act, all funds

1-16     and accounts created or re-created in the state treasury by an Act

1-17     of the 75th Legislature, Regular Session, 1997, that becomes law,

1-18     and all dedications or rededications of revenue in the state

1-19     treasury or otherwise collected by a state agency for a particular

1-20     purpose by an Act of the 75th Legislature, Regular Session, 1997,

1-21     that becomes law, are abolished on the later of August 30, 1997, or

1-22     the date the Act creating or re-creating the fund or account or

1-23     dedicating or rededicating revenue takes effect.

1-24           SECTION 3.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND

 2-1     ACCOUNTS.  Section 2 of this Act does not apply to statutory

 2-2     dedications, funds, and accounts that were enacted before the 75th

 2-3     Legislature convened to comply with requirements of state

 2-4     constitutional or federal law, to dedications, funds, or accounts

 2-5     that remained exempt from former Section 403.094(h), Government

 2-6     Code, at the time dedications, accounts, and funds were abolished

 2-7     under that provision, to increases in fees or in other revenue

 2-8     dedicated as described by this section, or to increases in fees or

 2-9     in other revenue required to be deposited in a fund or account

2-10     described by this section.

2-11           SECTION 4.  ACCOUNTS IN GENERAL REVENUE FUND.  Effective

2-12     August 30, 1997, the following accounts and the revenue deposited

2-13     to the credit of the accounts are exempt from Section 2 of this Act

2-14     and Section 403.095, Government Code, and are created in the

2-15     general revenue fund, if created by an Act of the 75th Legislature,

2-16     Regular Session, 1997, that becomes law:

2-17                 (1)  the capital access fund account created by Senate

2-18     Bill No. 266;

2-19                 (2)  the account containing fees for maintaining a real

2-20     estate license on inactive status created by House Bill No. 1346;

2-21                 (3)  the sexual assault prevention and crisis services

2-22     fund created by House Bill No. 2561;

2-23                 (4)  laboratory service charges authorized by House

2-24     Bill No. 2389;

2-25                 (5)  sale or licensing fees for the use of treatment

2-26     programs authorized by House Bill No. 2082;

2-27                 (6)  the excess benefit arrangement accounts created by

 3-1     Senate Bill No. 1102 and House Bill No. 2644;

 3-2                 (7)  fees and accounts created by House Bill No. 3231;

 3-3                 (8)  the Texas child care fund created by Senate Bill

 3-4     No. 211;

 3-5                 (9)  the emergency reserve fund created by Senate Bill

 3-6     No. 1156;

 3-7                 (10)  the watermaster fund created by Senate Bill No.

 3-8     1406;

 3-9                 (11)  funds and accounts created by House Bill No.

3-10     1188;

3-11                 (12)  the disaster management trust fund created by

3-12     House Bill No. 99;

3-13                 (13)  revenue collected under the authority of House

3-14     Bill No. 16;

3-15                 (14)  revenue collected for the game, fish, and water

3-16     safety account as provided by House Bill No. 966;

3-17                 (15)  revenue apportioned as provided by House Bill No.

3-18     2153;

3-19                 (16)  crab management license fees authorized by Senate

3-20     Bill No. 920;

3-21                 (17)  proceeds to relocate the State Aircraft Pooling

3-22     Board authorized by House Bill No. 3585;

3-23                 (18)  menhaden boat license fees authorized by House

3-24     Bill No. 520; and

3-25                 (19)  licensing fees authorized by Senate Bill No. 771.

3-26           SECTION 5.  OTHER FUNDS IN TREASURY.  Effective August 30,

3-27     1997, the following funds in the state treasury and the revenue

 4-1     deposited to the credit of the funds  are exempt from Section 2 of

 4-2     this Act and Section 403.095, Government Code, if created by an Act

 4-3     of the 75th Legislature, Regular Session, 1997, that becomes law:

 4-4                 (1)  the groundwater district loan assistance fund

 4-5     created by Senate Bill No. 1;

 4-6                 (2)  the Texas water development fund II, including all

 4-7     accounts in the fund,  created by Senate Bill No. 1;

 4-8                 (3)  the safe drinking water revolving fund created by

 4-9     Senate Bill No. 1;

4-10                 (4)  the basic civil legal services account of the

4-11     judicial fund created by Senate Bill No. 1534;

4-12                 (5)  the state infrastructure bank and revenues of the

4-13     turnpike division of the Texas Department of Transportation as

4-14     provided by Senate Bill No. 370;

4-15                 (6)  the telecommunications infrastructure fund and the

4-16     revenue dedicated to it as provided by Senate Bill No. 249;

4-17                 (7)  revenue, funds, and accounts authorized by House

4-18     Bill No. 4;

4-19                 (8)  permit fees authorized by House Bill No. 1345;

4-20                 (9)  revenue, funds, and  accounts authorized by Senate

4-21     Bill No. 190; and

4-22                 (10)  revenue, funds, and accounts authorized by Senate

4-23     Bill No. 932.

4-24           SECTION 6.  CERTAIN FEE REVENUE.  Effective August 30, 1997,

4-25     revenue consisting of fees collected under Section 5(m), The Real

4-26     Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),

4-27     is dedicated for the purposes provided by that subsection and is

 5-1     exempt from Section 2 of this Act and Section 403.095, Government

 5-2     Code.

 5-3           SECTION 7.  FEDERAL FUNDS.  Section 2 of this Act does not

 5-4     apply to funds created pursuant to an Act of the 75th Legislature,

 5-5     Regular Session, 1997, for which separate accounting is required by

 5-6     federal law, except that the funds shall be deposited in accounts

 5-7     in the general revenue fund unless otherwise required by federal

 5-8     law.

 5-9           SECTION 8.  TRUST FUNDS.  Section 2 of this Act does not

5-10     apply to trust funds or dedicated revenue deposited to trust funds

5-11     created under an Act of the 75th Legislature, Regular Session,

5-12     1997, except that the trust funds shall be held in the state

5-13     treasury, with the comptroller in trust, or outside the state

5-14     treasury with the comptroller's approval.

5-15           SECTION 9.  BOND FUNDS.  Section 2 of this Act does not apply

5-16     to bond funds and pledged funds created or affected by an Act of

5-17     the 75th Legislature, Regular Session, 1997, except that the funds

5-18     shall be held in the state treasury, with the comptroller in trust,

5-19     or outside the state treasury with the comptroller's approval.

5-20     Funds exempt under this section include bond and pledged funds or

5-21     accounts created or affected by the following, if enacted by the

5-22     75th Legislature, Regular Session, 1997, by an Act that becomes

5-23     law:

5-24                 (1)  revenue bond funds in Senate Bill No. 1060;

5-25                 (2)  revenue bonds in Senate Bill No. 370; and

5-26                 (3)  revenue bond accounts in House Bill No. 3189.

5-27           SECTION 10.  CONSTITUTIONAL FUNDS.  Section 2 of this Act

 6-1     does not apply to funds or accounts that would be created or

 6-2     re-created in the Texas Constitution or revenue that would be

 6-3     dedicated or rededicated by the Texas Constitution  under

 6-4     constitutional amendments proposed by the 75th Legislature, Regular

 6-5     Session, 1997, or to dedicated revenue deposited to funds or

 6-6     accounts that would be so created or re-created.  Funds, accounts,

 6-7     and revenue exempted under this section include the following:

 6-8                 (1)  the Texas tomorrow fund in House Joint Resolution

 6-9     No. 8 and House Bill No. 9;

6-10                 (2)  the crime victims compensation fund and the crime

6-11     victims auxiliary fund in Senate Joint Resolution No. 33 and House

6-12     Bill No. 3062;

6-13                 (3)  lottery and property tax revenue in House Joint

6-14     Resolution No. 4 or House Bill No. 4;

6-15                 (4)  the Texas growth fund II in House Bill No. 138 or

6-16     similar legislation; and

6-17                 (5)  the Texas water development fund II in Senate

6-18     Joint Resolution No. 17 or similar legislation.

6-19           SECTION 11.  LICENSE PLATE FEES.  Effective August 30, 1997,

6-20     revenue consisting of fees collected from the sale of motor vehicle

6-21     license plates that are authorized by an Act of the 75th

6-22     Legislature, Regular Session, 1997, that becomes law are exempt

6-23     from Section 2 of this Act and Section 403.095, Government Code.

6-24           SECTION 12.  COURT COSTS.  Effective August 30, 1997, revenue

6-25     consisting of court costs authorized by an Act of the 75th

6-26     Legislature, Regular Session, 1997, that becomes law are exempt

6-27     from Section 2 of this Act and Section 403.095, Government Code.

 7-1           SECTION 13.  AMENDMENT.  Effective September 1, 1997,

 7-2     Sections 403.095(b) and (c), Government Code, are amended to read

 7-3     as follows:

 7-4           (b)  Notwithstanding any law dedicating or setting aside

 7-5     revenue for a particular purpose or entity, dedicated revenues

 7-6     that, on August 31, 1999 [1997], exceed the amount appropriated are

 7-7     available for general governmental purposes.  The comptroller shall

 7-8     develop accounting and revenue estimating procedures so that each

 7-9     dedicated account maintained in the general revenue fund can be

7-10     separately identified as to balances of cash and other assets and

7-11     the amounts of revenues and expenditures and appropriations for

7-12     each fiscal year.  Following certification of the General

7-13     Appropriations Act and other appropriations measures, the

7-14     comptroller shall reduce each dedicated account by the amount by

7-15     which estimated revenues and unobligated balances exceed

7-16     appropriations.  The reductions may be made in the amounts and at

7-17     the times necessary so that cash flow considerations allow all the

7-18     dedicated accounts to maintain adequate cash balances to transact

7-19     routine business.  The legislature may authorize, in the General

7-20     Appropriations Act, the temporary delay of the excess balance

7-21     reduction required for accounts under this subsection that exceed

7-22     the amount appropriated for the dedicated purposes.  This

7-23     subsection does not apply to revenues in:

7-24                 (1)  funds outside the treasury;

7-25                 (2)  trust funds, which for purposes of this section

7-26     include funds that may or are required to be used in whole or in

7-27     part for the acquisition, development, construction, or maintenance

 8-1     of state and local government infrastructures, recreational

 8-2     facilities, or natural resource conservation facilities;

 8-3                 (3)  funds created by the constitution or a court; or

 8-4                 (4)  funds for which separate accounting is required by

 8-5     federal law.

 8-6           (c)  The availability of revenues for general governmental

 8-7     purposes conferred by Subsection (b) expires on September 1, 1999

 8-8     [1997].

 8-9           SECTION 14.  AMENDMENT.  The heading to and Subsection (a)

8-10     of Section 2201.003, Government Code, are amended to read as

8-11     follows:

8-12           Sec. 2201.003.  TRANSFERS FROM CAPITAL TRUST [RELATION TO

8-13     GENERAL REVENUE] FUND.  (a)  Interest earned by [Income from] the

8-14     fund shall be deposited to the credit of the housing trust [general

8-15     revenue] fund.

8-16           SECTION 15.  EFFECT OF ACT.  This Act prevails over any other

8-17     Act of the 75th Legislature, Regular Session, 1997, regardless of

8-18     the relative dates of enactment, that purports to create or

8-19     re-create a special fund or account in the state treasury or to

8-20     dedicate or rededicate revenue to a particular purpose, including

8-21     any fund, account, or revenue dedication abolished under former

8-22     Section 403.094, Government Code.  Revenues that, under the terms

8-23     of another Act of the 75th Legislature, Regular Session, 1997,

8-24     would be deposited to the credit of a special account or fund shall

8-25     be deposited to the credit of the unobligated portion of the

8-26     general revenue fund, unless the fund, account, or dedication is

8-27     exempted under this Act.

 9-1           SECTION 16.  EMERGENCY.  The importance of this legislation

 9-2     and the crowded condition of the calendars in both houses create an

 9-3     emergency and an imperative public necessity that the

 9-4     constitutional rule requiring bills to be read on three several

 9-5     days in each house be suspended, and this rule is hereby suspended,

 9-6     and that this Act take effect and be in force from and after its

 9-7     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I certify that H.B. No. 2948 was passed by the House on May

         15, 1997, by the following vote:  Yeas 108, Nays 22, 1 present, not

         voting; and that the House concurred in Senate amendments to H.B.

         No. 2948 on May 30, 1997, by the following vote:  Yeas 133, Nays 0,

         3 present, not voting.

                                             _______________________________

                                                 Chief Clerk of the House

               I certify that H.B. No. 2948 was passed by the Senate, with

         amendments, on May 28, 1997, by the following vote:  Yeas 29, Nays

         0.

                                             _______________________________

                                                 Secretary of the Senate

         APPROVED:  _____________________

                            Date

                    _____________________

                          Governor