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.
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