HBA-EVB S.B. 1491 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1491 By: Duncan Appropriations 5/18/1999 Engrossed BACKGROUND AND PURPOSE Currently, it may be unclear whether certain settlement funds and funds received from a judgment by the state must be deposited into the state treasury and subjected to the legislative finance process. S.B. 1491 requires, unless otherwise specified by law, fees, fines, penalties, taxes, charges, gifts, grants, donations, and other funds collected or received by a state agency under law, including amounts received from a judgment in favor of or the settlement of a claim made by the state to be deposited in the treasury, credited to a special fund or funds, and subject to appropriation only for the purposes for which they are otherwise authorized to be expended or disbursed. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 404.094(a), Government Code, to require, unless otherwise specified by law, fees, fines, penalties, taxes, charges, gifts, grants, donations, and other funds collected or received by a state agency under law, including amounts received from a judgment in favor of or the settlement of a claim made by the state to be deposited in the treasury, credited to a special fund or funds, and subject to appropriation only for the purposes for which they are otherwise authorized to be expended or disbursed. Makes a conforming change. SECTION 2. Provides that by enacting this legislation, the legislature intends to clarify and reiterate the law in effect before the enactment of this Act. SECTION 3. Emergency clause. Effective date: upon passage.