SRC-JXG S.B. 1491 76(R)BILL ANALYSIS


Senate Research CenterS.B. 1491
By: Duncan
Finance
5/5/1999
Committee Report (Amended)


DIGEST 

Currently, questions regarding the appropriate authority under which to
claim settlement funds and funds received from a judgment by the state have
arisen. The question of whether these types of funds must be deposited into
the state treasury and subjected to the legislative finance process is
unclear. S.B. 1491 would provide that amounts received from a judgment or
funds from a claim settlement be deposited in the state treasury, and
subject to appropriation. 

PURPOSE

As proposed, S.B. 1491 includes amounts received from a judgment in favor
of or the settlement of a claim made by the state to be deposited in the
state treasury.  

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

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. 

SECTION 2. Provides that 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.
 

SUMMARY OF COMMITTEE CHANGES

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.