1-1 By: Duncan S.B. No. 1491
1-2 (In the Senate - Filed March 12, 1999; March 15, 1999, read
1-3 first time and referred to Committee on Finance; May 6, 1999,
1-4 reported favorably, as amended, by the following vote: Yeas 9,
1-5 Nays 0; May 6, 1999, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Duncan
1-7 Amend S.B. No. 1491 on page 1, line 16, after "(a)", by deleting
1-8 "Fees" and inserting "Unless otherwise specified by law, fees
1-9 [Fees]"
1-10 A BILL TO BE ENTITLED
1-11 AN ACT
1-12 relating to amounts required to be deposited in the state treasury.
1-13 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-14 SECTION 1. Subsection (a), Section 404.094, Government Code,
1-15 is amended to read as follows:
1-16 (a) Fees, fines, penalties, taxes, charges, gifts, grants,
1-17 donations, and other funds collected or received by a state agency
1-18 under law, including amounts received from a judgment in favor of
1-19 or the settlement of a claim made by the state, shall be deposited
1-20 in the treasury, credited to a special fund or funds, and subject
1-21 to appropriation only for the purposes for which they are otherwise
1-22 authorized to be expended or disbursed. A deposit shall be made at
1-23 the earliest possible time that the treasury can accept those
1-24 funds, but not later than the third business day after the date of
1-25 receipt. However, if an agency determines that for seasonal or
1-26 other extraordinary reasons deposits cannot be made by the third
1-27 business day after the date of receipt, the agency shall provide
1-28 written notice of the determination to the state auditor and
1-29 comptroller with an explanation of the circumstances that require
1-30 the delay. If the state auditor finds that an agency has not
1-31 complied with this subsection, the state auditor shall make an
1-32 estimate of any resulting financial loss to the state, taking into
1-33 consideration compliance costs that would have been additionally
1-34 incurred by the agency, and report the amount to the legislative
1-35 audit committee, the governor, and the comptroller.
1-36 SECTION 2. In enacting this legislation, the legislature
1-37 intends to clarify and reiterate the law in effect before the
1-38 enactment of this Act.
1-39 SECTION 3. The importance of this legislation and the
1-40 crowded condition of the calendars in both houses create an
1-41 emergency and an imperative public necessity that the
1-42 constitutional rule requiring bills to be read on three several
1-43 days in each house be suspended, and this rule is hereby suspended,
1-44 and that this Act take effect and be in force from and after its
1-45 passage, and it is so enacted.
1-46 * * * * *