SRC-TBR H.B. 2065 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2065
77R2993 JJT-DBy: Eiland (Ellis, Rodney)
Finance
5/11/2001
Engrossed


DIGEST AND PURPOSE 

Currently, it is not clear in statute whether the attorney general has the
authority to appropriate settlement money for a specific purpose other than
general revenue.  H.B. 2065 directs all money that is awarded to the state
in settlement to be certified by the comptroller of public accounts and
deposited into the appropriate account.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 403C, Government Code, by adding Section
403.037, as follows: 

Sec. 403.037.  ALLOCATION OF CERTAIN SETTLEMENT MONEY AT DIRECTION OF
ATTORNEY GENERAL.  (a)  Authorizes the attorney general to certify to the
comptroller and the Legislative Budget Board that money awarded to the
state in settlement of a claim is money to be credited to the account for a
particular appropriation under Section 403.036 if it is not clear under
applicable law to which account the money should be credited. 

(b)  Requires the comptroller, except as provided by Subsection (c), to act
in accordance with the certification received under Subsection (a): on the
31st day after the date the comptroller receives it or on the day following
the date the comptroller receives the written prior approval of the
Legislative Budget Board to act in accordance with the certification. 

(c)  Requires the comptroller if, before the 31st day after the date the
comptroller receives the certification under Subsection (a), the
comptroller receives from the Legislative Budget Board a certification that
the money is to be credited to a different account for a particular
appropriation under Section 403.036 or that the money should not be
credited to any account for a particular appropriation under Section
403.036, to act in accordance with the board's certification as soon as is
practicable. 

SECTION 2.  Effective date: September 1, 2001.