Office of House Bill AnalysisH.B. 3088
By: Turner, Sylvester


The 72nd Legislature enacted provisions relating to the consolidation of
funds in existence before August 31, 1993.  These provisions provided for
the abolishment of dedications in existence prior to August 31, 1995,
unless otherwise expressly exempted.  House Bill 3088 provides regulations
for the creation and recreation of funds and accounts in the state
treasury, the dedication and rededication of revenue, and the exemption of
unappropriated money from use for general governmental purposes.  


It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 


House Bill 3088 provides that all funds and accounts created or recreated
in the state treasury by an Act of the 77th Legislature, that becomes law,
and all dedications or rededications of revenue in the state treasury or
otherwise collected by a state agency for a particular purpose by an Act of
the 77th Legislature that becomes law, are abolished on the later of August
27, 2001, or the date the Act creating or recreating the fund or account or
dedicating or rededicating revenue takes effect.  

The bill sets forth statutory dedications, funds, accounts, and increases
in fees or other revenue that  are exempt from being abolished and
specifies the accounts and funds in the state treasury and the revenue
deposited to the credit of the accounts and funds that are exempt from
being abolished.  

The bill amends the Government Code to extend by two years provisions
regarding the use of dedicated revenue.  The bill provides that the Act
prevails over any other Act of the 77th Legislature, regardless of the
relative dates of enactment, that purports to create or recreate a special
fund or account in the state treasury or to dedicate or rededicate revenue
to a particular purpose,  including other specified funds, accounts, or
revenue dedications that were abolished.  The bill requires revenues that,
under the terms of another Act of the 77th Legislature, would be deposited
to the credit of a special account or fund to be deposited to the credit of
the unobligated portion of the general revenue fund, unless the fund,
account, or dedication is exempted under the Act.  


August 27, 2001.