By Junell                                             H.B. No. 3084
                                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,
 1-4     and 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.  DEFINITION.  In this Act, "state agency" means an
 1-8     office, institution, or other agency that is in the executive
 1-9     branch of state government, has authority that is not limited to a
1-10     geographical portion of the state, and was created by the
1-11     constitution or a statute of this state, but does not include an
1-12     institution of higher education as defined by Section 61.003,
1-13     Education Code.
1-14           SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
1-15     Except as otherwise specifically provided by this Act, all funds
1-16     and accounts created or re-created in the state treasury by an Act
1-17     of the 76th Legislature, Regular Session, 1999, that becomes law,
1-18     and all dedications or rededications of revenue in the state
1-19     treasury or otherwise collected by a state agency for a particular
1-20     purpose by an Act of the 76th Legislature, Regular Session, 1999,
1-21     that becomes law, are abolished on the later of August 30, 1999, or
1-22     the date the Act creating or re-creating the fund or account or
1-23     dedicating or rededicating revenue takes effect.
1-24           SECTION 3.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
 2-1     ACCOUNTS.  Section 2 of this Act does not apply to statutory
 2-2     dedications, funds, and accounts that were enacted before the 76th
 2-3     Legislature convened to comply with requirements of state
 2-4     constitutional or federal law, to dedications, funds, or accounts
 2-5     that remained exempt from former Section 403.094(h), Government
 2-6     Code, at the time dedications, accounts, and funds were abolished
 2-7     under that provision, to increases in fees or in other revenue
 2-8     dedicated as described by this section, or to increases in fees or
 2-9     in other revenue required to be deposited in a fund or account
2-10     described by this section.
2-11           SECTION 4.  ACCOUNTS IN GENERAL REVENUE FUND.  Effective
2-12     August 30, 1999, the following account and the revenue deposited to
2-13     the credit of the account is exempt from Section 2 of this Act and
2-14     is created in the general revenue fund, if created by an Act of the
2-15     76th Legislature, Regular Session, 1999, that becomes law:
2-16                 (1)  the blindness education, screening, and treatment
2-17     program account created by Senate Bill No. 206 or House Bill No.
2-18     984.
2-19           SECTION 5.  OTHER FUNDS IN TREASURY.  Effective August 30,
2-20     1999, the following funds in the state treasury and the revenue
2-21     deposited to the credit of the funds  are exempt from Section 2 of
2-22     this Act, if created by an Act of the 76th Legislature, Regular
2-23     Session, 1999, that becomes law:
2-24                 (1)  the permanent fund for tobacco education and
2-25     enforcement created by House Bill No. 1676;
2-26                 (2)  the permanent fund for children and public health
2-27     created by House Bill No. 1676;
 3-1                 (3)  the permanent fund for emergency medical services
 3-2     and trauma care created by House Bill No. 1676;
 3-3                 (4)  the permanent fund for rural health facility
 3-4     capital improvement created by House Bill No. 1676;
 3-5                 (5)  the permanent health fund for higher education
 3-6     created by House Bill No. 1945;
 3-7                 (6)  each permanent endowment fund created for the
 3-8     benefit of an institution of higher education by House Bill No.
 3-9     1945;
3-10                 (7)  the permanent fund for higher education nursing
3-11     and allied health programs created by House Bill No. 1945; and
3-12                 (8)  the low-level radioactive waste perpetual care
3-13     fund created by House Bill No. 1910.
3-14           SECTION 6.  FEDERAL FUNDS.  Section 2 of this Act does not
3-15     apply to funds created pursuant to an Act of the 76th Legislature,
3-16     Regular Session, 1999, for which separate accounting is required by
3-17     federal law, except that the funds shall be deposited in accounts
3-18     in the general revenue fund unless otherwise required by federal
3-19     law.
3-20           SECTION 7.  TRUST FUNDS.  Section 2 of this Act does not
3-21     apply to trust funds or dedicated revenue deposited to trust funds
3-22     created under an Act of the 76th Legislature, Regular Session,
3-23     1999, except that the trust funds shall be held in the state
3-24     treasury, with the comptroller in trust, or outside the state
3-25     treasury with the comptroller's approval.
3-26           SECTION 8.  BOND FUNDS.  Section 2 of this Act does not apply
3-27     to bond funds and pledged funds created or affected by an Act of
 4-1     the 76th Legislature, Regular Session, 1999, except that the funds
 4-2     shall be held in the state treasury, with the comptroller in trust,
 4-3     or outside the state treasury with the comptroller's approval.
 4-4           SECTION 9.  CONSTITUTIONAL FUNDS.  Section 2 of this Act does
 4-5     not apply to funds or accounts that would be created or re-created
 4-6     in the Texas Constitution or revenue that would be dedicated or
 4-7     rededicated by the Texas Constitution  under constitutional
 4-8     amendments proposed by the 76th Legislature, Regular Session, 1999,
 4-9     or to dedicated revenue deposited to funds or accounts that would
4-10     be so created or re-created.
4-11           SECTION 10.  COURT COSTS.  Effective August 30, 1999, revenue
4-12     consisting of court costs authorized by an Act of the 76th
4-13     Legislature, Regular Session, 1999, that becomes law are exempt
4-14     from Section 2 of this Act.
4-15           SECTION 11.  LICENSE PLATE FEES.  Effective August 30, 1999,
4-16     revenue consisting of fees collected from the sale of motor vehicle
4-17     license plates that are authorized by an Act of the 76th
4-18     Legislature, Regular Session, 1999, that becomes law are exempt
4-19     from Section 2 of this Act and Section 403.095, Government Code.
4-20           SECTION 12.  AMENDMENT.  Effective September 1, 1999, Section
4-21     403.095, Government Code, is amended to read as follows:
4-22           Sec. 403.095.  USE OF DEDICATED REVENUE.  (a)  Revenue that
4-23     has been set aside by law for a particular purpose or entity is
4-24     available for that purpose or entity to the extent money is
4-25     appropriated for that purpose or entity.  Expenditures made in
4-26     furtherance of the dedicated purpose or entity shall be made from
4-27     money received from the dedicated revenue source to the extent
 5-1     those funds are appropriated.
 5-2           (b)  Notwithstanding any law dedicating or setting aside
 5-3     revenue for a particular purpose or entity, dedicated revenues
 5-4     that, on August 31, 2001, are estimated to [1999,] exceed the
 5-5     amount appropriated by the General Appropriations Act or other laws
 5-6     enacted by the 76th Legislature are available for general
 5-7     governmental purposes and are considered available for the purpose
 5-8     of certification under  Section 403.121.
 5-9           (c)  The comptroller shall develop accounting and revenue
5-10     estimating procedures so that each dedicated account maintained in
5-11     the general revenue fund can be separately identified as to
5-12     balances of cash and other assets and the amounts of revenues and
5-13     expenditures and appropriations for each fiscal year.
5-14           (d)  Following certification of the General Appropriations
5-15     Act and other appropriations measures enacted by the 76th
5-16     Legislature, the comptroller shall reduce each dedicated account as
5-17     directed by the legislature by an [the] amount that may not exceed
5-18     the amount by which estimated revenues and unobligated balances
5-19     exceed appropriations.  The reductions may be made in the amounts
5-20     and at the times necessary for [so that] cash flow considerations
5-21     to allow all the dedicated accounts to maintain adequate cash
5-22     balances to transact routine business.  The legislature may
5-23     authorize, in the General Appropriations Act, the temporary delay
5-24     of the excess balance reduction required [for accounts] under this
5-25     subsection [that exceed the amount appropriated for the dedicated
5-26     purposes].  This subsection does not apply to revenues in:
5-27                 (1)  funds outside the treasury;
 6-1                 (2)  trust funds, which for purposes of this section
 6-2     include funds that may or are required to be used in whole or in
 6-3     part for the acquisition, development, construction, or maintenance
 6-4     of state and local government infrastructures, recreational
 6-5     facilities, or natural resource conservation facilities;
 6-6                 (3)  funds created by the constitution or a court; or
 6-7                 (4)  funds for which separate accounting is required by
 6-8     federal law.
 6-9           (e)  This section [(c)  The availability of revenues for
6-10     general governmental purposes conferred by Subsection (b)] expires
6-11     on September 1, 2001 [1999].
6-12           SECTION 13.  REPEALER.  Section 403.096, Government Code, is
6-13     repealed.
6-14           SECTION 14.  EFFECT OF ACT.  This Act prevails over any other
6-15     Act of the 76th Legislature, Regular Session, 1999, regardless of
6-16     the relative dates of enactment, that purports to create or
6-17     re-create a special fund or account in the state treasury or to
6-18     dedicate or rededicate revenue to a particular purpose, including
6-19     any fund, account, or revenue dedication abolished under former
6-20     Section 403.094, Government Code.  Revenues that, under the terms
6-21     of another Act of the 76th Legislature, Regular Session, 1999,
6-22     would be deposited to the credit of a special account or fund shall
6-23     be deposited to the credit of the unobligated portion of the
6-24     general revenue fund, unless the fund, account, or dedication is
6-25     exempted under this Act.
6-26           SECTION 15.  EMERGENCY.  The importance of this legislation
6-27     and the crowded condition of the calendars in both houses create an
 7-1     emergency and an imperative public necessity that the
 7-2     constitutional rule requiring bills to be read on three several
 7-3     days in each house be suspended, and this rule is hereby suspended,
 7-4     and that this Act take effect and be in force from and after its
 7-5     passage, and it is so enacted.