SRC-SEW S.B. 736 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 736
2001S0314/1  01/29/01By: Duncan
Finance
3/20/2001
As Filed


DIGEST AND PURPOSE 

During the 76th Legislature a self-directed semi-independent pilot project
was established in which the State Board of Accountants, the State Board of
Architects, and the State Board of Engineers were allowed greater budget
flexibility, freedom from various state agency requirements, and general
autonomy in the operation of their respective agencies.  During the
interim, these agencies were precluded from commencing the pilot because
allowances had not been made for agency funds to be held outside the state
treasury and they were, therefore, required to comply with all provisions
of Article IX of the General Appropriations Act.  As proposed, S.B. 736
clarifies that the fees and funds collected by the agency reside outside
the state treasury and, because the project was intended to be in progress
for four years prior to a sunset review, moves the sunset date of the
project to 2005 rather than 2003. 

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 Section 4(c), Article 8930, Revised Statutes, to provide
that, unless continued in existence as provided by Chapter 325 (Texas
Sunset Act), Government Code, this Act expires September 1, 2005 (rather
than 2003). 

SECTION 2.  Amends Section 14, Article 8930, Revised Statutes, as follows:  

Sec. 14.  New heading:  FEES AND DISPOSITION OF FUNDS.  Requires that all
fees and funds collected by a project agency during the pilot project and
any funds appropriated to the project agency be deposited in
interest-bearing deposit accounts in the Texas Treasury Safekeeping Trust
Company.  Requires the comptroller to contract with the project agency for
the maintenance of the deposit accounts under terms comparable to a
contract between a commercial banking institution and its customers. 

SECTION 3.  Amends Section 15(b), Article 8930, Revised Statutes, to
require that if a state agency no longer has status under this Act as a
self-directed semi-independent project agency either because of the
expiration of this act or for any other reason, unexpended fees in a
deposit account in the Texas Treasury Safekeeping Trust Company are to be
transferred to the state. 

SECTION 4.  Amends Section 901.006, Occupations Code, to make a conforming
change. 

SECTION 5.  Amends Section 3a, The Texas Engineering Practice Act (Article
3271a, V.T.C.S.), to make a conforming change. 

SECTION 6.  Amends Section 2a, Chapter 478, Acts of the 45th Legislature,
Regular Session, 1937 (Article 249a, V.T.C.S.), to make a conforming
change. 
 
SECTION 7.  (a) Effective date:  September 1, 2001.

(b) Provides that, to provide a reasonable period for each project agency
under Article 8930, Revised Statutes, as amended by this Act, to establish
itself as self-directed semi-independent after the conclusion of fiscal
year 2001, each agency is appropriated an amount equal to 50 percent of
that agency's appropriated amount for fiscal year 2001.  Authorizes this
appropriation to be spent as the project agency directs and requires it to
be paid to the general revenue fund by the agency as funds become
available. 

(c) Requires examination fees collected prior to September 1, 2001, for
examinations conducted after September 1, 2001, to be made available to the
project agency to be spent as the agency directs.