By Turner of Harris H.B. No. 3088
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the creation and re-creation of funds and accounts in
1-3 the state treasury, the dedication and rededication of revenue,
1-4 and the exemption of unappropriated money from use for general
1-5 governmental purposes.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 SECTION 1. DEFINITION. In this Act, "state agency" means an
1-8 office, institution, or other agency that is in the executive
1-9 branch of state government, has authority that is not limited to a
1-10 geographical portion of the state, and was created by the
1-11 constitution or a statute of this state. The term does not include
1-12 an institution of higher education as defined by Section 61.003,
1-13 Education Code.
1-14 SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
1-15 Except as otherwise specifically provided by this Act, all funds
1-16 and accounts created or re-created in the state treasury by an Act
1-17 of the 77th Legislature, Regular Session, 2001, that becomes law,
1-18 and all dedications or rededications of revenue in the state
1-19 treasury or otherwise collected by a state agency for a particular
1-20 purpose by an Act of the 77th Legislature, Regular Session, 2001,
1-21 that becomes law, are abolished on the later of August 27, 2001, or
1-22 the date the Act creating or re-creating the fund or account or
1-23 dedicating or rededicating revenue takes effect.
1-24 SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
2-1 ACCOUNTS. Section 2 of this Act does not apply to:
2-2 (1) statutory dedications, funds, and accounts that
2-3 were enacted before the 77th Legislature convened to comply with
2-4 requirements of state constitutional or federal law;
2-5 (2) dedications, funds, or accounts that remained
2-6 exempt from former Section 403.094(h), Government Code, at the time
2-7 dedications, accounts, and funds were abolished under that
2-8 provision;
2-9 (3) increases in fees or in other revenue dedicated as
2-10 described by this section; or
2-11 (4) increases in fees or in other revenue required to
2-12 be deposited in a fund or account described by this section.
2-13 SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective
2-14 August 27, 2001, the following accounts and the revenue deposited
2-15 to the credit of the accounts are exempt from Section 2 of this Act
2-16 and are created in the general revenue fund, if created or
2-17 re-created by an Act of the 77th Legislature, Regular Session,
2-18 2001, that becomes law:
2-19 (1) the fair campaign spending account created by
2-20 House Bill No. 2;
2-21 (2) the system benefit fund created as an account by
2-22 House Bill No. 1902;
2-23 (3) the tertiary care account re-created by House Bill
2-24 No. 893;
2-25 (4) the water well plugging account created by House
2-26 Bill No. 3188;
2-27 (5) the permanent management facility decommissioning
3-1 account created by House Bill No. 3420 or Senate Bill No. 1541;
3-2 (6) the assured isolation conversion account created
3-3 by House Bill No. 3420 or Senate Bill No. 1541;
3-4 (7) the highway billboard removal account created by
3-5 House Bill No. 1965;
3-6 (8) the private sector prison industry expansion
3-7 account created by House Bill No. 1617;
3-8 (9) the volunteer fire department assistance fund
3-9 created as an account by House Bill No. 2604;
3-10 (10) the colonia self-help account created by House
3-11 Bill No. 2776 or Senate Bill No. 1501; and
3-12 (11) the scholarship fund for architectural
3-13 examination applicants re-created as an account by House Bill No.
3-14 1706.
3-15 SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective August 27,
3-16 2001, the following funds in the state treasury are re-created as
3-17 accounts in the general revenue fund and the accounts and the
3-18 revenue deposited to the credit of the accounts are exempt from
3-19 Section 2 of this Act, if created or re-created by an Act of the
3-20 77th Legislature, Regular Session, 2001, that becomes law:
3-21 (1) the rural water assistance fund created by House
3-22 Bill No. 622;
3-23 (2) the work and family policies fund re-created by
3-24 House Bill No. 761 or Senate Bill No. 1586;
3-25 (3) the owner-builder revolving loan fund created by
3-26 House Bill No. 3294 or Senate Bill No. 1500;
3-27 (4) the colonia model subdivision revolving loan fund
4-1 created by House Bill No. 3294 or Senate Bill No. 1500; and
4-2 (5) the smart jobs fund re-created as an account by
4-3 House Bill No. 3452 or Senate Bill No. 321.
4-4 SECTION 6. REVENUE DEDICATION. Effective August 27, 2001,
4-5 the following dedication of revenue collected by a state agency for
4-6 a particular purpose is exempt from Section 2 of this Act, if
4-7 dedicated by an Act of the 77th Legislature, Regular Session, 2001,
4-8 that becomes law:
4-9 (1) the dedication of revenue by House Bill No. 335
4-10 for a Department of Public Safety historical museum and research
4-11 center;
4-12 (2) the reinstatement fee revenue dedicated to the
4-13 state highway fund by Senate Bill No. 1329; and
4-14 (3) the ferry sticker fee revenue dedicated to the
4-15 state highway fund by Senate Bill No. 1109.
4-16 SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
4-17 apply to funds created pursuant to an Act of the 77th Legislature,
4-18 Regular Session, 2001, for which separate accounting is required by
4-19 federal law, except that the funds shall be deposited in accounts
4-20 in the general revenue fund unless otherwise required by federal
4-21 law.
4-22 SECTION 8. TRUST FUNDS. (a) Section 2 of this Act does not
4-23 apply to trust funds or dedicated revenue deposited to trust funds
4-24 created under an Act of the 77th Legislature, Regular Session,
4-25 2001, except that the trust funds shall be held in the state
4-26 treasury, with the comptroller in trust, or outside the state
4-27 treasury with the comptroller's approval.
5-1 (b) Section 2 of this Act does not apply to the capital
5-2 renewal trust fund created by House Bill No. 2796 or to revenue
5-3 deposited to the credit of the fund. Notwithstanding Subsection
5-4 (a) of this section, the fund is a trust fund outside the treasury
5-5 with the comptroller in accordance with the provisions of House
5-6 Bill No. 2796, without regard to whether the comptroller approves
5-7 of the creation of the fund outside the treasury.
5-8 SECTION 9. PAN AMERICAN GAMES TRUST FUND. The comptroller
5-9 shall undertake to accomplish the duties assigned by Section 4,
5-10 Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999,
5-11 as if the Pan American Games trust fund and the dedication of
5-12 revenue for the purposes of that fund were not abolished by
5-13 operation of Sections 2 and 9, Chapter 1045, Acts of the 76th
5-14 Legislature, Regular Session, 1999. The Pan American Games trust
5-15 fund is re-created by this Act. Revenue dedicated by Chapter 1507,
5-16 Acts of the 76th Legislature, Regular Session, 1999, is rededicated
5-17 by this Act for the same purposes. Section 2 of this Act does not
5-18 apply to the fund or to revenue dedicated to the fund.
5-19 SECTION 10. TELECOMMUNICATIONS INFRASTRUCTURE FUND. (a)
5-20 Section 57.043(a), Utilities Code, is amended to read as follows:
5-21 (a) The telecommunications infrastructure fund is an
5-22 account in the general revenue fund. The telecommunications
5-23 infrastructure fund account is composed of the public schools
5-24 account and the qualifying entities account. Section 403.095,
5-25 Government Code, does not apply to the telecommunications
5-26 infrastructure fund account or to the accounts that compose the
5-27 fund account.
6-1 (b) Effective August 27, 2001, the telecommunications
6-2 infrastructure fund is re-created as an account in the general
6-3 revenue fund, and the account and the revenue deposited to the
6-4 credit of the account are exempt from Section 2 of this Act.
6-5 SECTION 11. BOND FUNDS. Section 2 of this Act does not
6-6 apply to bond funds and pledged funds created or affected by an Act
6-7 of the 77th Legislature, Regular Session, 2001, except that the
6-8 funds shall be held in the state treasury, with the comptroller in
6-9 trust, or outside the state treasury with the comptroller's
6-10 approval.
6-11 SECTION 12. CONSTITUTIONAL FUNDS. Section 2 of this Act
6-12 does not apply to funds or accounts that would be created or
6-13 re-created in the Texas Constitution or revenue that would be
6-14 dedicated or rededicated by the Texas Constitution under
6-15 constitutional amendments proposed by the 77th Legislature, Regular
6-16 Session, 2001, or to dedicated revenue deposited to funds or
6-17 accounts that would be so created or re-created.
6-18 SECTION 13. SEPARATE FUNDS IN THE TREASURY. Effective August
6-19 27, 2001, the following funds in the state treasury and the revenue
6-20 deposited to the credit of the funds are exempt from Section 2 of
6-21 this Act and are created as separate funds in the state treasury,
6-22 if created by an Act of the 77th Legislature, Regular Session,
6-23 2001, that becomes law:
6-24 (1) the permanent fund for veterans' care created by
6-25 House Bill No. 515 or Senate Bill No. 976.
6-26 SECTION 14. YOUNG FARMER LOAN GUARANTEE ACCOUNT. (a) The
6-27 young farmer loan guarantee account in the Texas agricultural fund
7-1 is re-created by this Act. Revenue dedicated for deposit to the
7-2 credit of the account under Section 58.057, Agriculture Code, or
7-3 Section 502.174, Transportation Code, is rededicated by this Act
7-4 for deposit to the credit of the account. Section 2 of this Act
7-5 does not apply to the account or to revenue dedicated to the
7-6 account.
7-7 (b) Revenue received after the effective date of this Act
7-8 that is dedicated to the account shall be deposited to the credit
7-9 of the account, except that grants and donations made for the
7-10 purposes of the young farmer loan guarantee program shall be
7-11 deposited to the credit of the account without regard to when the
7-12 grant or donation was made.
7-13 (c) Any unexpended interest that accrues to the credit of
7-14 any successor account to the young farmer loan guarantee account in
7-15 the general revenue fund, established by the comptroller in
7-16 response to Chapter 1045, Acts of the 76th Legislature, Regular
7-17 Session, 1999, shall be transferred to the credit of the Texas
7-18 agricultural fund at the end of each fiscal year.
7-19 SECTION 15. COURT COSTS. Effective August 27, 2001, revenue
7-20 consisting of court costs authorized by an Act of the 77th
7-21 Legislature, Regular Session, 2001, that becomes law is exempt from
7-22 Section 2 of this Act.
7-23 SECTION 16. LICENSE PLATE FEES. Effective August 27, 2001,
7-24 revenue consisting of fees collected from the sale of motor vehicle
7-25 license plates that are authorized by an Act of the 77th
7-26 Legislature, Regular Session, 2001, that becomes law is exempt from
7-27 Section 2 of this Act.
8-1 SECTION 17. AMENDMENT. Effective September 1, 2001,
8-2 Sections 403.095(b), (d), and (e), Government Code, are amended to
8-3 read as follows:
8-4 (b) Notwithstanding any law dedicating or setting aside
8-5 revenue for a particular purpose or entity, dedicated revenues
8-6 that, on August 31, 2003 [2001], are estimated to exceed the amount
8-7 appropriated by the General Appropriations Act or other laws
8-8 enacted by the 77th [76th] Legislature are available for general
8-9 governmental purposes and are considered available for the purpose
8-10 of certification under Section 403.121.
8-11 (d) Following certification of the General Appropriations
8-12 Act and other appropriations measures enacted by the 77th [76th]
8-13 Legislature, the comptroller shall reduce each dedicated account as
8-14 directed by the legislature by an amount that may not exceed the
8-15 amount by which estimated revenues and unobligated balances exceed
8-16 appropriations. The reductions may be made in the amounts and at
8-17 the times necessary for cash flow considerations to allow all the
8-18 dedicated accounts to maintain adequate cash balances to transact
8-19 routine business. The legislature may authorize, in the General
8-20 Appropriations Act, the temporary delay of the excess balance
8-21 reduction required under this subsection. This subsection does not
8-22 apply to revenues or balances in:
8-23 (1) funds outside the treasury;
8-24 (2) trust funds, which for purposes of this section
8-25 include funds that may or are required to be used in whole or in
8-26 part for the acquisition, development, construction, or maintenance
8-27 of state and local government infrastructures, recreational
9-1 facilities, or natural resource conservation facilities;
9-2 (3) funds created by the constitution or a court; or
9-3 (4) funds for which separate accounting is required by
9-4 federal law.
9-5 (e) This section expires on September 1, 2003 [2001].
9-6 SECTION 18. EFFECT OF ACT. (a) This Act prevails over any
9-7 other Act of the 77th Legislature, Regular Session, 2001,
9-8 regardless of the relative dates of enactment, that purports to
9-9 create or re-create a special fund or account in the state treasury
9-10 or to dedicate or rededicate revenue to a particular purpose,
9-11 including any fund, account, or revenue dedication abolished under
9-12 former Section 403.094, Government Code.
9-13 (b) Revenues that, under the terms of another Act of the
9-14 77th Legislature, Regular Session, 2001, would be deposited to the
9-15 credit of a special account or fund shall be deposited to the
9-16 credit of the unobligated portion of the general revenue fund,
9-17 unless the fund, account, or dedication is exempted under this Act.
9-18 SECTION 19. EFFECTIVE DATE. This Act takes effect
9-19 immediately if it receives a vote of two-thirds of all the members
9-20 elected to each house, as provided by Section 39, Article III,
9-21 Texas Constitution. If this Act does not receive the vote
9-22 necessary for immediate effect, this Act takes effect on the 91st
9-23 day after the last day of the legislative session.