By Duncan S.B. No. 1491 76R1744 GCH-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to amounts required to be deposited in the state treasury. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Section 404.094(a), Government Code, is amended 1-5 to read as follows: 1-6 (a) Fees, fines, penalties, taxes, charges, gifts, grants, 1-7 donations, and other funds collected or received by a state agency 1-8 under law, including amounts received from a judgment in favor of 1-9 or the settlement of a claim made by the state, shall be deposited 1-10 in the treasury, credited to a special fund or funds, and subject 1-11 to appropriation only for the purposes for which they are otherwise 1-12 authorized to be expended or disbursed. A deposit shall be made at 1-13 the earliest possible time that the treasury can accept those 1-14 funds, but not later than the third business day after the date of 1-15 receipt. However, if an agency determines that for seasonal or 1-16 other extraordinary reasons deposits cannot be made by the third 1-17 business day after the date of receipt, the agency shall provide 1-18 written notice of the determination to the state auditor and 1-19 comptroller with an explanation of the circumstances that require 1-20 the delay. If the state auditor finds that an agency has not 1-21 complied with this subsection, the state auditor shall make an 1-22 estimate of any resulting financial loss to the state, taking into 1-23 consideration compliance costs that would have been additionally 1-24 incurred by the agency, and report the amount to the legislative 2-1 audit committee, 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.