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.