1-1 By: Turner of Harris (Senate Sponsor - Ratliff) H.B. No. 2948
1-2 (In the Senate - Received from the House May 16, 1997;
1-3 May 16, 1997, read first time and referred to Committee on Finance;
1-4 May 18, 1997, reported favorably by the following vote: Yeas 13,
1-5 Nays 0; May 18, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation and re-creation of funds and accounts in
1-9 the state treasury, the dedication and rededication of revenue, and
1-10 the exemption of unappropriated money from use for general
1-11 governmental purposes.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
1-14 Except as otherwise specifically provided by this Act, all funds
1-15 and accounts created or re-created in the state treasury by an Act
1-16 of the 75th Legislature, Regular Session, 1997, that becomes law,
1-17 and all dedications or rededications of revenue in the state
1-18 treasury or otherwise collected by a state agency for a particular
1-19 purpose by an Act of the 75th Legislature, Regular Session, 1997,
1-20 that becomes law, are abolished on the later of August 30, 1997, or
1-21 the date the Act creating or re-creating the fund or account or
1-22 dedicating or rededicating revenue takes effect.
1-23 SECTION 2. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
1-24 ACCOUNTS. Section 1 of this Act does not apply to statutory
1-25 dedications, funds, and accounts that were enacted before the 75th
1-26 Legislature convened to comply with requirements of state
1-27 constitutional or federal law or to dedications, funds, or accounts
1-28 that remained exempt from former Section 403.094(h), Government
1-29 Code, at the time dedications, accounts, and funds were abolished
1-30 under that provision.
1-31 SECTION 3. ACCOUNTS IN GENERAL REVENUE FUND. Effective
1-32 August 30, 1997, the following accounts in the general revenue
1-33 fund, if created by an Act of the 75th Legislature, Regular
1-34 Session, 1997, that becomes law, are exempt from Section 1 of this
1-35 Act and Section 403.095, Government Code:
1-36 (1) the capital access fund account created by Senate
1-37 Bill No. 266 or House Bill No. 618; and
1-38 (2) the account containing fees for maintaining a real
1-39 estate license on inactive status created by House Bill No. 1346.
1-40 SECTION 4. OTHER FUNDS IN TREASURY. Effective August 30,
1-41 1997, the following funds in the state treasury, if created by an
1-42 Act of the 75th Legislature, Regular Session, 1997, that becomes
1-43 law, are exempt from Section 1 of this Act and Section 403.095,
1-44 Government Code:
1-45 (1) the groundwater district loan assistance fund
1-46 created by Senate Bill No. 1 or House Bill No. 5;
1-47 (2) the Texas water development fund II, including all
1-48 accounts in the fund, created by Senate Bill No. 1 or House Bill
1-49 No. 5; and
1-50 (3) the safe drinking water revolving fund created by
1-51 Senate Bill No. 1 or House Bill No. 5.
1-52 SECTION 5. CERTAIN FEE REVENUE. Effective August 30, 1997,
1-53 revenue consisting of fees collected under Section 5(m), The Real
1-54 Estate License Act (Article 6573a, Vernon's Texas Civil Statutes),
1-55 if rededicated by an Act of the 75th Legislature, Regular Session,
1-56 1997, that becomes law, including House Bill No. 2539 or Senate
1-57 Bill No. 1497, is exempt from Section 1 of this Act and Section
1-58 403.095, Government Code.
1-59 SECTION 6. FEDERAL FUNDS. Section 1 of this Act does not
1-60 apply to funds created pursuant to an Act of the 75th Legislature,
1-61 Regular Session, 1997, for which separate accounting is required by
1-62 federal law, except that the funds shall be deposited in accounts
1-63 in the general revenue fund unless otherwise required by federal
1-64 law.
2-1 SECTION 7. TRUST FUNDS. Section 1 of this Act does not
2-2 apply to trust funds or dedicated revenue deposited to trust funds
2-3 created under an Act of the 75th Legislature, Regular Session,
2-4 1997, except that the trust funds shall be held in the state
2-5 treasury, with the comptroller in trust, or outside the state
2-6 treasury with the comptroller's approval.
2-7 SECTION 8. BOND FUNDS. Section 1 of this Act does not apply
2-8 to bond funds and pledged funds created or affected by an Act of
2-9 the 75th Legislature, Regular Session, 1997, except that the funds
2-10 shall be held in the state treasury, with the comptroller in trust,
2-11 or outside the state treasury with the comptroller's approval.
2-12 Funds created or affected include bond and pledged funds or
2-13 accounts created or affected by the following, if enacted by the
2-14 75th Legislature, Regular Session, 1997, by an Act that becomes
2-15 law:
2-16 (1) revenue bond funds in Senate Bill No. 1060;
2-17 (2) revenue bonds in Senate Bill No. 370; and
2-18 (3) revenue bond accounts in House Bill No. 3189.
2-19 SECTION 9. CONSTITUTIONAL FUNDS. Section 1 of this Act does
2-20 not apply to funds or accounts that would be created or re-created
2-21 in the Texas Constitution or revenue that would be dedicated or
2-22 rededicated by the Texas Constitution under constitutional
2-23 amendments proposed by the 75th Legislature, Regular Session, 1997,
2-24 or to dedicated revenue deposited to funds or accounts that would
2-25 be so created or re-created. Funds, accounts, and revenue exempted
2-26 under this section include the following:
2-27 (1) the Texas tomorrow fund in House Joint Resolution
2-28 No. 8, Senate Joint Resolution No. 27, House Bill No. 9, or similar
2-29 legislation;
2-30 (2) the crime victims compensation fund and the crime
2-31 victims auxiliary fund in Senate Joint Resolution No. 33, House
2-32 Joint Resolution No. 1, House Bill No. 3062, or similar
2-33 legislation;
2-34 (3) lottery and property tax revenue in House Joint
2-35 Resolution No. 4 or House Bill No. 4;
2-36 (4) the Texas growth fund II in House Bill No. 138 or
2-37 similar legislation; and
2-38 (5) the Texas water development fund II in Senate
2-39 Joint Resolution No. 17 or similar legislation.
2-40 SECTION 10. AMENDMENT. Effective September 1, 1997,
2-41 Sections 403.095(b) and (c), Government Code, are amended to read
2-42 as follows:
2-43 (b) Notwithstanding any law dedicating or setting aside
2-44 revenue for a particular purpose or entity, dedicated revenues
2-45 that, on August 31, 1999 [1997], exceed the amount appropriated are
2-46 available for general governmental purposes. The comptroller shall
2-47 develop accounting and revenue estimating procedures so that each
2-48 dedicated account maintained in the general revenue fund can be
2-49 separately identified as to balances of cash and other assets and
2-50 the amounts of revenues and expenditures and appropriations for
2-51 each fiscal year. Following certification of the General
2-52 Appropriations Act and other appropriations measures, the
2-53 comptroller shall reduce each dedicated account by the amount by
2-54 which estimated revenues and unobligated balances exceed
2-55 appropriations. The reductions may be made in the amounts and at
2-56 the times necessary so that cash flow considerations allow all the
2-57 dedicated accounts to maintain adequate cash balances to transact
2-58 routine business. The legislature may authorize, in the General
2-59 Appropriations Act, the temporary delay of the excess balance
2-60 reduction required for accounts under this subsection that exceed
2-61 the amount appropriated for the dedicated purposes. This
2-62 subsection does not apply to revenues in:
2-63 (1) funds outside the treasury;
2-64 (2) trust funds, which for purposes of this section
2-65 include funds that may or are required to be used in whole or in
2-66 part for the acquisition, development, construction, or maintenance
2-67 of state and local government infrastructures, recreational
2-68 facilities, or natural resource conservation facilities;
2-69 (3) funds created by the constitution or a court; or
3-1 (4) funds for which separate accounting is required by
3-2 federal law.
3-3 (c) The availability of revenues for general governmental
3-4 purposes conferred by Subsection (b) expires on September 1, 1999
3-5 [1997].
3-6 SECTION 11. AMENDMENT. The heading to and Subsection (a)
3-7 of Section 2201.003, Government Code, are amended to read as
3-8 follows:
3-9 Sec. 2201.003. TRANSFERS FROM CAPITAL TRUST [RELATION TO
3-10 GENERAL REVENUE] FUND. (a) Interest earned by [Income from] the
3-11 fund shall be deposited to the credit of the housing trust [general
3-12 revenue] fund.
3-13 SECTION 12. EFFECT OF ACT. This Act prevails over any other
3-14 Act of the 75th Legislature, Regular Session, 1997, regardless of
3-15 the relative dates of enactment, that purports to create or
3-16 re-create a special fund or account in the state treasury or to
3-17 dedicate or rededicate revenue to a particular purpose, including
3-18 any fund, account, or revenue dedication abolished under former
3-19 Section 403.094, Government Code. Revenues that, under the terms
3-20 of another Act of the 75th Legislature, Regular Session, 1997,
3-21 would be deposited to the credit of a special account or fund shall
3-22 be deposited to the credit of the unobligated portion of the
3-23 general revenue fund, unless the fund, account, or dedication is
3-24 exempted under this Act.
3-25 SECTION 13. EMERGENCY. The importance of this legislation
3-26 and the crowded condition of the calendars in both houses create an
3-27 emergency and an imperative public necessity that the
3-28 constitutional rule requiring bills to be read on three several
3-29 days in each house be suspended, and this rule is hereby suspended,
3-30 and that this Act take effect and be in force from and after its
3-31 passage, and it is so enacted.
3-32 * * * * *