By:  Duncan                                           S.B. No. 1491
                                A BILL TO BE ENTITLED
                                       AN ACT
 1-1     relating to amounts required to be deposited in the state treasury.
 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-3           SECTION 1.  Subsection (a), Section 404.094, Government Code,
 1-4     is amended to read as follows:
 1-5           (a)  Unless otherwise specified by law, fees [Fees], fines,
 1-6     penalties, taxes, charges, gifts, grants, donations, and other
 1-7     funds collected or received by a state agency under law, including
 1-8     amounts received from a judgment in favor of or the settlement of a
 1-9     claim made by the state,  shall be deposited in the treasury,
1-10     credited to a special fund or funds, and subject to appropriation
1-11     only for the purposes for which they are otherwise authorized to be
1-12     expended or disbursed.  A deposit shall be made at the earliest
1-13     possible time that the treasury can accept those funds, but not
1-14     later than the third business day after the date of receipt.
1-15     However, if an agency determines that for seasonal or other
1-16     extraordinary reasons deposits cannot be made by the third business
1-17     day after the date of receipt, the agency shall provide written
1-18     notice of the determination to the state auditor and comptroller
1-19     with an explanation of the circumstances that require the delay.
1-20     If the state auditor finds that an agency has not complied with
1-21     this subsection, the state auditor shall make an estimate of any
1-22     resulting financial loss to the state, taking into consideration
1-23     compliance costs that would have been additionally incurred by the
1-24     agency, and report the amount to the legislative audit committee,
 2-1     the governor, and the comptroller.
 2-2           SECTION 2.  In enacting this legislation, the legislature
 2-3     intends to clarify and reiterate the law in effect before the
 2-4     enactment of this Act.
 2-5           SECTION 3.  The importance of this legislation and the
 2-6     crowded condition of the calendars in both houses create an
 2-7     emergency and an imperative public necessity that the
 2-8     constitutional rule requiring bills to be read on three several
 2-9     days in each house be suspended, and this rule is hereby suspended,
2-10     and that this Act take effect and be in force from and after its
2-11     passage, and it is so enacted.