By Turner of Harris H.B. No. 2948
75R4576 GCH-D
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 provided by Sections 2, 3, and 4 of 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 for a particular purpose by an Act of the 75th
1-13 Legislature, Regular Session, 1997, that becomes law, are abolished
1-14 on the later of August 30, 1997, or the date the Act creating or
1-15 re-creating the fund or account or dedicating or rededicating
1-16 revenue takes effect.
1-17 SECTION 2. CONSTITUTIONAL AND FEDERAL REQUIREMENTS. Section
1-18 1 of this Act does not apply to statutory dedications, funds, and
1-19 accounts enacted to comply with requirements of state
1-20 constitutional or federal law or to dedications, funds, or accounts
1-21 that remained exempt from former Section 403.094(h), Government
1-22 Code, at the time dedications, accounts, and funds were abolished
1-23 under that provision.
1-24 SECTION 3. ACCOUNTS IN GENERAL REVENUE FUND. Effective
2-1 August 30, 1997, the following accounts in the general revenue
2-2 fund, if created by an Act of the 75th Legislature, Regular
2-3 Session, 1997, that becomes law, are exempt from Section 1 of this
2-4 Act and Section 403.095, Government Code:
2-5 (1) the capital access fund account created by Senate
2-6 Bill No. 266 or House Bill No. 618; and
2-7 (2) the account containing fees for maintaining a real
2-8 estate license on inactive status created by House Bill No. 1346.
2-9 SECTION 4. OTHER FUNDS IN TREASURY. Effective August 30,
2-10 1997, the following funds in the state treasury, if created by an
2-11 Act of the 75th Legislature, Regular Session, 1997, that becomes
2-12 law, are exempt from Section 1 of this Act and Section 403.095,
2-13 Government Code:
2-14 (1) the groundwater district loan assistance fund
2-15 created by Senate Bill No. 1 or House Bill No. 5;
2-16 (2) the Texas water development fund II, including all
2-17 accounts in the fund, created by Senate Bill No. 1 or House Bill
2-18 No. 5; and
2-19 (3) the safe drinking water revolving fund created by
2-20 Senate Bill No. 1 or House Bill No. 5.
2-21 SECTION 5. AMENDMENT. Effective September 1, 1997, Sections
2-22 403.095(b) and (c), Government Code, are amended to read as
2-23 follows:
2-24 (b) Notwithstanding any law dedicating or setting aside
2-25 revenue for a particular purpose or entity, dedicated revenues
2-26 that, on August 31, 1999 [1997], exceed the amount appropriated are
2-27 available for general governmental purposes. The comptroller shall
3-1 develop accounting and revenue estimating procedures so that each
3-2 dedicated account maintained in the general revenue fund can be
3-3 separately identified as to balances of cash and other assets and
3-4 the amounts of revenues and expenditures and appropriations for
3-5 each fiscal year. Following certification of the General
3-6 Appropriations Act and other appropriations measures, the
3-7 comptroller shall reduce each dedicated account by the amount by
3-8 which estimated revenues and unobligated balances exceed
3-9 appropriations. The reductions may be made in the amounts and at
3-10 the times necessary so that cash flow considerations allow all the
3-11 dedicated accounts to maintain adequate cash balances to transact
3-12 routine business. The legislature may authorize, in the General
3-13 Appropriations Act, the temporary delay of the excess balance
3-14 reduction required for accounts under this subsection that exceed
3-15 the amount appropriated for the dedicated purposes. This
3-16 subsection does not apply to revenues in:
3-17 (1) funds outside the treasury;
3-18 (2) trust funds, which for purposes of this section
3-19 include funds that may or are required to be used in whole or in
3-20 part for the acquisition, development, construction, or maintenance
3-21 of state and local government infrastructures, recreational
3-22 facilities, or natural resource conservation facilities;
3-23 (3) funds created by the constitution or a court; or
3-24 (4) funds for which separate accounting is required by
3-25 federal law.
3-26 (c) The availability of revenues for general governmental
3-27 purposes conferred by Subsection (b) expires on September 1, 1999
4-1 [1997].
4-2 SECTION 6. EFFECT OF ACT. This Act prevails over any other
4-3 Act of the 75th Legislature, Regular Session, 1997, regardless of
4-4 the relative dates of enactment, that purports to create or
4-5 re-create a special fund or account in the state treasury or to
4-6 dedicate or rededicate revenue to a particular purpose, including
4-7 any fund, account, or revenue dedication abolished under former
4-8 Section 403.094, Government Code. Revenues that, under the terms
4-9 of another Act of the 75th Legislature, Regular Session, 1997,
4-10 would be deposited to the credit of a special account or fund shall
4-11 be deposited to the credit of the unobligated portion of the
4-12 general revenue fund, unless the fund, account, or dedication is
4-13 exempted under this Act.
4-14 SECTION 7. EMERGENCY. The importance of this legislation
4-15 and the crowded condition of the calendars in both houses create an
4-16 emergency and an imperative public necessity that the
4-17 constitutional rule requiring bills to be read on three several
4-18 days in each house be suspended, and this rule is hereby suspended,
4-19 and that this Act take effect and be in force from and after its
4-20 passage, and it is so enacted.