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.