75R14542 GCH-F
By Turner of Harris H.B. No. 2948
Substitute the following for H.B. No. 2948:
By Haggerty C.S.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
1-24 under that provision.
2-1 SECTION 3. ACCOUNTS IN GENERAL REVENUE FUND. Effective
2-2 August 30, 1997, the following accounts in the general revenue
2-3 fund, if created by an Act of the 75th Legislature, Regular
2-4 Session, 1997, that becomes law, are exempt from Section 1 of this
2-5 Act and Section 403.095, Government Code:
2-6 (1) the capital access fund account created by Senate
2-7 Bill No. 266 or House Bill No. 618; and
2-8 (2) the account containing fees for maintaining a real
2-9 estate license on inactive status created by House Bill No. 1346.
2-10 SECTION 4. OTHER FUNDS IN TREASURY. Effective August 30,
2-11 1997, the following funds in the state treasury, if created by an
2-12 Act of the 75th Legislature, Regular Session, 1997, that becomes
2-13 law, are exempt from Section 1 of this Act and Section 403.095,
2-14 Government Code:
2-15 (1) the groundwater district loan assistance fund
2-16 created by Senate Bill No. 1 or House Bill No. 5;
2-17 (2) the Texas water development fund II, including all
2-18 accounts in the fund, created by Senate Bill No. 1 or House Bill
2-19 No. 5; and
2-20 (3) the safe drinking water revolving fund created by
2-21 Senate Bill No. 1 or House Bill No. 5.
2-22 SECTION 5. CERTAIN FEE REVENUE. Effective August 30, 1997,
2-23 revenue consisting of fees collected under Section 5(m), The Real
2-24 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
2-25 if rededicated by an Act of the 75th Legislature, Regular Session,
2-26 1997, that becomes law, including House Bill No. 2539 or Senate
2-27 Bill No. 1497, is exempt from Section 1 of this Act and Section
3-1 403.095, Government Code.
3-2 SECTION 6. FEDERAL FUNDS. Section 1 of this Act does not
3-3 apply to funds created pursuant to an Act of the 75th Legislature,
3-4 Regular Session, 1997, for which separate accounting is required by
3-5 federal law, except that the funds shall be deposited in accounts
3-6 in the general revenue fund unless otherwise required by federal
3-7 law.
3-8 SECTION 7. TRUST FUNDS. Section 1 of this Act does not
3-9 apply to trust funds or dedicated revenue deposited to trust funds
3-10 created under an Act of the 75th Legislature, Regular Session,
3-11 1997, except that the trust funds shall be held in the state
3-12 treasury, with the comptroller in trust, or outside the state
3-13 treasury with the comptroller's approval.
3-14 SECTION 8. BOND FUNDS. Section 1 of this Act does not apply
3-15 to bond funds and pledged funds created or affected by an Act of
3-16 the 75th Legislature, Regular Session, 1997, except that the funds
3-17 shall be held in the state treasury, with the comptroller in trust,
3-18 or outside the state treasury with the comptroller's approval.
3-19 Funds created or affected include bond and pledged funds or
3-20 accounts created or affected by the following, if enacted by the
3-21 75th Legislature, Regular Session, 1997, by an Act that becomes
3-22 law:
3-23 (1) revenue bond funds in Senate Bill No. 1060;
3-24 (2) revenue bonds in Senate Bill No. 370; and
3-25 (3) revenue bond accounts in House Bill No. 3189.
3-26 SECTION 9. CONSTITUTIONAL FUNDS. Section 1 of this Act does
3-27 not apply to funds or accounts that would be created or re-created
4-1 in the Texas Constitution or revenue that would be dedicated or
4-2 rededicated by the Texas Constitution under constitutional
4-3 amendments proposed by the 75th Legislature, Regular Session, 1997,
4-4 or to dedicated revenue deposited to funds or accounts that would
4-5 be so created or re-created. Funds, accounts, and revenue exempted
4-6 under this section include the following:
4-7 (1) the Texas tomorrow fund in House Joint Resolution
4-8 No. 8, Senate Joint Resolution No. 27, House Bill No. 9, or similar
4-9 legislation;
4-10 (2) the crime victims compensation fund and the crime
4-11 victims auxiliary fund in Senate Joint Resolution No. 33, House
4-12 Joint Resolution No. 1, House Bill No. 3062, or similar
4-13 legislation;
4-14 (3) lottery and property tax revenue in House Joint
4-15 Resolution No. 4 or House Bill No. 4;
4-16 (4) the Texas growth fund II in House Bill No. 138 or
4-17 similar legislation; and
4-18 (5) the Texas water development fund II in Senate
4-19 Joint Resolution No. 17 or similar legislation.
4-20 SECTION 10. AMENDMENT. Effective September 1, 1997,
4-21 Sections 403.095(b) and (c), Government Code, are amended to read
4-22 as follows:
4-23 (b) Notwithstanding any law dedicating or setting aside
4-24 revenue for a particular purpose or entity, dedicated revenues
4-25 that, on August 31, 1999 [1997], exceed the amount appropriated are
4-26 available for general governmental purposes. The comptroller shall
4-27 develop accounting and revenue estimating procedures so that each
5-1 dedicated account maintained in the general revenue fund can be
5-2 separately identified as to balances of cash and other assets and
5-3 the amounts of revenues and expenditures and appropriations for
5-4 each fiscal year. Following certification of the General
5-5 Appropriations Act and other appropriations measures, the
5-6 comptroller shall reduce each dedicated account by the amount by
5-7 which estimated revenues and unobligated balances exceed
5-8 appropriations. The reductions may be made in the amounts and at
5-9 the times necessary so that cash flow considerations allow all the
5-10 dedicated accounts to maintain adequate cash balances to transact
5-11 routine business. The legislature may authorize, in the General
5-12 Appropriations Act, the temporary delay of the excess balance
5-13 reduction required for accounts under this subsection that exceed
5-14 the amount appropriated for the dedicated purposes. This
5-15 subsection does not apply to revenues in:
5-16 (1) funds outside the treasury;
5-17 (2) trust funds, which for purposes of this section
5-18 include funds that may or are required to be used in whole or in
5-19 part for the acquisition, development, construction, or maintenance
5-20 of state and local government infrastructures, recreational
5-21 facilities, or natural resource conservation facilities;
5-22 (3) funds created by the constitution or a court; or
5-23 (4) funds for which separate accounting is required by
5-24 federal law.
5-25 (c) The availability of revenues for general governmental
5-26 purposes conferred by Subsection (b) expires on September 1, 1999
5-27 [1997].
6-1 SECTION 11. EFFECT OF ACT. This Act prevails over any other
6-2 Act of the 75th Legislature, Regular Session, 1997, regardless of
6-3 the relative dates of enactment, that purports to create or
6-4 re-create a special fund or account in the state treasury or to
6-5 dedicate or rededicate revenue to a particular purpose, including
6-6 any fund, account, or revenue dedication abolished under former
6-7 Section 403.094, Government Code. Revenues that, under the terms
6-8 of another Act of the 75th Legislature, Regular Session, 1997,
6-9 would be deposited to the credit of a special account or fund shall
6-10 be deposited to the credit of the unobligated portion of the
6-11 general revenue fund, unless the fund, account, or dedication is
6-12 exempted under this Act.
6-13 SECTION 12. EMERGENCY. The importance of this legislation
6-14 and the crowded condition of the calendars in both houses create an
6-15 emergency and an imperative public necessity that the
6-16 constitutional rule requiring bills to be read on three several
6-17 days in each house be suspended, and this rule is hereby suspended,
6-18 and that this Act take effect and be in force from and after its
6-19 passage, and it is so enacted.