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.