HBA-NRS S.B. 1060 77(R)BILL ANALYSIS


Office of House Bill AnalysisS.B. 1060
By: Lindsay
Appropriations
5/8/2001
Committee Report (Amended)



BACKGROUND AND PURPOSE 

The legislature acknowledges the need for state agencies to respond to
changing priorities by allowing, through an Article IX rider, the transfer
of up to 25 percent of an agency's appropriations from one strategy to
another. However, the statutory restrictions placed on various fees
assessed by the Texas Natural Resource Conservation Commission (TNRCC)
undermine the flexibility afforded by appropriations transferability
provisions. Senate Bill 1060 authorizes TNRCC to reallocate a percentage of
its total appropriations. 

RULEMAKING AUTHORITY

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. 

ANALYSIS

Senate Bill 1060 amends the Water Code to authorize the Texas Natural
Resource Conservation Commission (TNRCC) to transfer a percentage of
appropriations from one appropriation item to another appropriation item
consistent with the General Appropriations Act for any biennium authorizing
such a transfer. The bill prohibits the use of funds in dedicated accounts
for transfer for purposes in addition to those provided by statutes
restricting their use from exceeding seven percent or $20 million,
whichever is less, of appropriations to TNRCC in the General Appropriations
Act for any biennium. The bill provides that a transfer of $500,000 or more
from  one appropriation item to another appropriation item must be approved
by TNRCC at an open meeting. 

EFFECTIVE DATE

September 1, 2001.

EXPLANATION OF AMENDMENTS

Amendment No.1 requires TNRCC to notify the governor and the Legislative
Budget Board of any decision to reallocate funds between accounts prior to
any such reallocations.