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