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 accounts and the revenue deposited
2-13 to the credit of the accounts are exempt from Section 2 of this Act
2-14 and are created in the general revenue fund, if created by an Act
2-15 of the 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 (2) the Texas Department of Health state-owned
2-20 multi-categorical teaching hospital account created by House Bill
2-21 No. 1799 or other legislation;
2-22 (3) the 9-1-1 services fee fund created by House Bill
2-23 No. 1983;
2-24 (4) the petroleum storage tank removal loan program
2-25 account created by House Bill No. 2816; and
2-26 (5) all funds created by House Bill No. 1676.
2-27 SECTION 5. OTHER FUNDS IN TREASURY. Effective August 30,
3-1 1999, the following funds in the state treasury and the revenue
3-2 deposited to the credit of the funds are exempt from Section 2 of
3-3 this Act, if created by an Act of the 76th Legislature, Regular
3-4 Session, 1999, that becomes law:
3-5 (1) all funds created by House Bill No. 1945; and
3-6 (2) the low-level radioactive waste perpetual care
3-7 fund created by House Bill No. 1910.
3-8 SECTION 6. FUNDS TO BECOME ACCOUNTS. Effective August 30,
3-9 1999, the following funds in the state treasury are re-created as
3-10 accounts in the general revenue fund and the accounts and the
3-11 revenue deposited to the credit of the accounts are exempt from
3-12 Section 2 of this Act, if created by an Act of the 76th
3-13 Legislature, Regular Session, 1999, that becomes law:
3-14 (1) the Texas public library fund created by Senate
3-15 Bill No. 691; and
3-16 (2) the Business Enterprises Program trust fund
3-17 created by House Bill No. 1400.
3-18 SECTION 7. REVENUE DEDICATIONS. Effective August 30, 1999,
3-19 the following dedications of revenue to existing funds or accounts
3-20 in the state treasury or otherwise collected by a state agency are
3-21 exempt from Section 2 of this Act, if dedicated by an Act of the
3-22 76th Legislature, Regular Session, 1999, that becomes law:
3-23 (1) the revenue dedicated by House Bill No. 89 to the
3-24 state highway fund;
3-25 (2) the revenue dedicated by House Bill No. 1573 to
3-26 the water resource management account;
3-27 (3) the revenue dedicated by House Bill No. 1739 to
4-1 the Texas statewide emergency services personnel retirement fund;
4-2 (4) revenue dedicated by House Bill No. 1828 to the
4-3 game, fish, and water safety account;
4-4 (5) revenue dedicated by House Bill No. 2004 to the
4-5 state highway fund;
4-6 (6) revenue dedicated by Senate Bill No. 514 to the
4-7 state highway fund;
4-8 (7) revenue dedicated by Senate Bill No. 812 to the
4-9 state oil-field cleanup account; and
4-10 (8) revenue donated as provided by Senate Bill No. 673
4-11 for the anatomical gift education program.
4-12 SECTION 8. FEDERAL FUNDS. Section 2 of this Act does not
4-13 apply to funds created pursuant to an Act of the 76th Legislature,
4-14 Regular Session, 1999, for which separate accounting is required by
4-15 federal law, except that the funds shall be deposited in accounts
4-16 in the general revenue fund unless otherwise required by federal
4-17 law.
4-18 SECTION 9. TRUST FUNDS. (a) Except as provided by
4-19 Subsection (b) of this section, Section 2 of this Act does not
4-20 apply to trust funds or dedicated revenue deposited to trust funds
4-21 created under an Act of the 76th Legislature, Regular Session,
4-22 1999, except that the trust funds shall be held in the state
4-23 treasury, with the comptroller in trust, or outside the state
4-24 treasury with the comptroller's approval.
4-25 (b) Section 2 of this Act applies to:
4-26 (1) the child-care worker student loan assistance
4-27 trust fund created by House Bill No. 1689;
5-1 (2) the family trust fund created by House Bill No.
5-2 2442;
5-3 (3) the smart jobs rainy day fund created by House
5-4 Bill No. 3657;
5-5 (4) the public employees long-term care fund created
5-6 by Senate Bill No. 97;
5-7 (5) the Pan American Games trust fund created by
5-8 Senate Bill No. 456;
5-9 (6) the employees' health care stabilization trust
5-10 fund created by Senate Bill No. 1130;
5-11 (7) the Texas Turnpike Authority feasibility study
5-12 fund, the Texas Turnpike Authority project revolving fund, and any
5-13 other trust funds re-created by House Bill No. 2311; and
5-14 (8) the system benefit fund created by Senate Bill No.
5-15 7.
5-16 SECTION 10. BOND FUNDS. Section 2 of this Act does not
5-17 apply to bond funds and pledged funds created or affected by an Act
5-18 of the 76th Legislature, Regular Session, 1999, except that the
5-19 funds shall be held in the state treasury, with the comptroller in
5-20 trust, or outside the state treasury with the comptroller's
5-21 approval.
5-22 SECTION 11. CONSTITUTIONAL FUNDS. Section 2 of this Act
5-23 does not apply to funds or accounts that would be created or
5-24 re-created in the Texas Constitution or revenue that would be
5-25 dedicated or rededicated by the Texas Constitution under
5-26 constitutional amendments proposed by the 76th Legislature, Regular
5-27 Session, 1999, or to dedicated revenue deposited to funds or
6-1 accounts that would be so created or re-created.
6-2 SECTION 12. COURT COSTS. Effective August 30, 1999, revenue
6-3 consisting of court costs authorized by an Act of the 76th
6-4 Legislature, Regular Session, 1999, that becomes law are exempt
6-5 from Section 2 of this Act.
6-6 SECTION 13. LICENSE PLATE FEES. Effective August 30, 1999,
6-7 revenue consisting of fees collected from the sale of motor vehicle
6-8 license plates that are authorized by an Act of the 76th
6-9 Legislature, Regular Session, 1999, that becomes law are exempt
6-10 from Section 2 of this Act.
6-11 SECTION 14. AMENDMENT. Effective September 1, 1999, Section
6-12 403.095, Government Code, is amended to read as follows:
6-13 Sec. 403.095. USE OF DEDICATED REVENUE. (a) Revenue that
6-14 has been set aside by law for a particular purpose or entity is
6-15 available for that purpose or entity to the extent money is
6-16 appropriated for that purpose or entity. Expenditures made in
6-17 furtherance of the dedicated purpose or entity shall be made from
6-18 money received from the dedicated revenue source to the extent
6-19 those funds are appropriated.
6-20 (b) Notwithstanding any law dedicating or setting aside
6-21 revenue for a particular purpose or entity, dedicated revenues
6-22 that, on August 31, 2001, are estimated to [1999,] exceed the
6-23 amount appropriated by the General Appropriations Act or other laws
6-24 enacted by the 76th Legislature are available for general
6-25 governmental purposes and are considered available for the purpose
6-26 of certification under Section 403.121.
6-27 (c) The comptroller shall develop accounting and revenue
7-1 estimating procedures so that each dedicated account maintained in
7-2 the general revenue fund can be separately identified as to
7-3 balances of cash and other assets and the amounts of revenues and
7-4 expenditures and appropriations for each fiscal year.
7-5 (d) Following certification of the General Appropriations
7-6 Act and other appropriations measures enacted by the 76th
7-7 Legislature, the comptroller shall reduce each dedicated account as
7-8 directed by the legislature by an [the] amount that may not exceed
7-9 the amount by which estimated revenues and unobligated balances
7-10 exceed appropriations. The reductions may be made in the amounts
7-11 and at the times necessary for [so that] cash flow considerations
7-12 to allow all the dedicated accounts to maintain adequate cash
7-13 balances to transact routine business. The legislature may
7-14 authorize, in the General Appropriations Act, the temporary delay
7-15 of the excess balance reduction required [for accounts] under this
7-16 subsection [that exceed the amount appropriated for the dedicated
7-17 purposes]. This subsection does not apply to revenues or balances
7-18 in:
7-19 (1) funds outside the treasury;
7-20 (2) trust funds, which for purposes of this section
7-21 include funds that may or are required to be used in whole or in
7-22 part for the acquisition, development, construction, or maintenance
7-23 of state and local government infrastructures, recreational
7-24 facilities, or natural resource conservation facilities;
7-25 (3) funds created by the constitution or a court; or
7-26 (4) funds for which separate accounting is required by
7-27 federal law.
8-1 (e) This section [(c) The availability of revenues for
8-2 general governmental purposes conferred by Subsection (b)] expires
8-3 on September 1, 2001 [1999].
8-4 SECTION 15. AMENDMENT. Section 771.072, Health and Safety
8-5 Code, is amended by adding Subsection (g) to read as follows:
8-6 (g) Notwithstanding any other law, revenue derived from the
8-7 equalization surcharge imposed under this section may be
8-8 appropriated to the commission only for the purposes described by
8-9 Sections 773.122 through 773.124.
8-10 SECTION 16. AMENDMENT. Section 773.122, Health and Safety
8-11 Code, is amended to read as follows:
8-12 Sec. 773.122. PAYMENTS FROM THE ACCOUNT [FUND]. (a) The
8-13 commissioner, with advice and counsel from the chairpersons of the
8-14 regional advisory councils, shall use money in the account
8-15 established under Section 771.072(f) [emergency medical services
8-16 and trauma care system fund established under Section 773.121] to
8-17 fund county and regional emergency medical services and trauma care
8-18 systems in accordance with this section.
8-19 (b) The commissioner shall maintain a reserve of $250,000 of
8-20 money appropriated from the account [emergency medical services and
8-21 trauma care system fund] for extraordinary emergencies.
8-22 (c) In any fiscal year the commissioner shall use at least
8-23 70 percent of the appropriated money remaining in the account
8-24 [emergency medical services and trauma care system fund], after any
8-25 amount necessary to maintain the reserve established by Subsection
8-26 (b) is deducted, to fund, in connection with an effort to provide
8-27 coordination with the appropriate trauma support area, the cost of
9-1 supplies, operational expenses, education and training, equipment,
9-2 vehicles, and communications systems for local emergency medical
9-3 services. The money shall be distributed to counties on behalf of
9-4 eligible recipients. A county's share of the money shall be based
9-5 on the relative geographic size and population of the county and on
9-6 the relative number of emergency or trauma care runs performed by
9-7 eligible recipients in the county. Money that is not disbursed by
9-8 a county to eligible recipients for approved functions by the end
9-9 of the fiscal year in which the funds were disbursed to the county
9-10 shall be returned to the account [fund] to be used in accordance
9-11 with Subsection (f).
9-12 (d) In any fiscal year, the commissioner may use not more
9-13 than 25 percent of the appropriated money remaining in the account
9-14 [emergency medical services and trauma care system fund], after any
9-15 amount necessary to maintain the reserve established by Subsection
9-16 (b) is deducted, for operation of the 22 trauma support areas and
9-17 for equipment, communications, and education and training for the
9-18 areas. Money distributed under this subsection shall be
9-19 distributed to the county in which the chairperson of an area's
9-20 regional advisory council sits on behalf of eligible recipients. A
9-21 regional advisory council's share of money distributed under this
9-22 section shall be based on the relative geographic size and
9-23 population of each trauma support area and the relative amount of
9-24 trauma care provided. Money that is not disbursed by a county to
9-25 eligible recipients for approved functions by the end of the fiscal
9-26 year in which the funds were disbursed to the county shall be
9-27 returned to the account [fund] to be used in accordance with
10-1 Subsection (f).
10-2 (e) In any fiscal year, the commissioner may use not more
10-3 than three percent of the appropriated money remaining in the
10-4 account [emergency medical services and trauma care system fund]
10-5 after any amount necessary to maintain the reserve established by
10-6 Subsection (b) is deducted to fund the administrative costs of the
10-7 bureau of emergency management of the department associated with
10-8 administering the state emergency medical services program, the
10-9 trauma program, and the account [fund] and to fund the costs of
10-10 monitoring and providing technical assistance for those programs
10-11 and that account [fund].
10-12 (f) In any fiscal year, the commissioner shall use at least
10-13 two percent of the appropriated money remaining in the account
10-14 [emergency medical services and trauma care system fund] after any
10-15 amount necessary to maintain the reserve established by Subsection
10-16 (b) is deducted and the money in the account [fund] not otherwise
10-17 distributed under this section to fund a portion of the
10-18 uncompensated trauma care provided at facilities designated as
10-19 state trauma facilities by the department. A regional advisory
10-20 council chairperson may petition the department for disbursement of
10-21 funds to a trauma center in the chairperson's trauma support area
10-22 that has suffered deleterious effects due to uncompensated trauma
10-23 care. Funds may be disbursed under this subsection based on a
10-24 proportionate share of uncompensated trauma care provided in the
10-25 state and may be used to fund innovative projects to enhance the
10-26 delivery of patient care in the overall emergency medical services
10-27 and trauma care system.
11-1 (g) The department shall review the percentages for
11-2 disbursement of funds in the account [emergency medical services
11-3 and trauma care system fund] on an annual basis and shall make
11-4 recommendations for proposed changes to ensure that appropriate and
11-5 fair funding is provided under this section.
11-6 SECTION 17. AMENDMENT. Sections 773.123(a) and (b), Health
11-7 and Safety Code, are amended to read as follows:
11-8 (a) Except as provided by Subsection (b), money distributed
11-9 from the account established under Section 771.072(f) [emergency
11-10 medical services and trauma care system fund] shall be used in
11-11 accordance with Section 773.122 on the authorization of the chief
11-12 executive of the county to which the money is disbursed on vouchers
11-13 issued by the county's treasurer.
11-14 (b) In a county with a population of 291,000 or more, money
11-15 distributed from the account [emergency medical services and trauma
11-16 care system fund] shall be used in accordance with Section 773.122
11-17 on the joint authorization of the chief executive of the county to
11-18 which the money is disbursed and the mayor of the principal
11-19 municipality in that county on vouchers issued by the county's
11-20 treasurer.
11-21 SECTION 18. REPEALER. Section 403.096, Government Code, and
11-22 Sections 771.071(g) and 773.121, Health and Safety Code, are
11-23 repealed.
11-24 SECTION 19. EFFECT OF ACT. This Act prevails over any other
11-25 Act of the 76th Legislature, Regular Session, 1999, regardless of
11-26 the relative dates of enactment, that purports to create or
11-27 re-create a special fund or account in the state treasury or to
12-1 dedicate or rededicate revenue to a particular purpose, including
12-2 any fund, account, or revenue dedication abolished under former
12-3 Section 403.094, Government Code. Revenues that, under the terms
12-4 of another Act of the 76th Legislature, Regular Session, 1999,
12-5 would be deposited to the credit of a special account or fund shall
12-6 be deposited to the credit of the unobligated portion of the
12-7 general revenue fund, unless the fund, account, or dedication is
12-8 exempted under this Act.
12-9 SECTION 20. EMERGENCY. The importance of this legislation
12-10 and the crowded condition of the calendars in both houses create an
12-11 emergency and an imperative public necessity that the
12-12 constitutional rule requiring bills to be read on three several
12-13 days in each house be suspended, and this rule is hereby suspended,
12-14 and that this Act take effect and be in force from and after its
12-15 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3084 was passed by the House on April
29, 1999, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3084 on May 26, 1999, by the following vote: Yeas 144, Nays 0,
2 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3084 was passed by the Senate, with
amendments, on May 24, 1999, by the following vote: Yeas 30, Nays
0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor