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 tertiary care account re-created by House Bill
2-22 No. 893;
2-23 (3) the permanent management facility decommissioning
2-24 account created by House Bill No. 3420 or Senate Bill No. 1541;
2-25 (4) the assured isolation conversion account created
2-26 by House Bill No. 3420 or Senate Bill No. 1541;
2-27 (5) the private sector prison industry expansion
3-1 account created by House Bill No. 1617;
3-2 (6) the volunteer fire department assistance fund
3-3 created as an account by House Bill No. 2604;
3-4 (7) the colonia self-help account created by Senate
3-5 Bill No. 312;
3-6 (8) the scholarship fund for architectural examination
3-7 applicants re-created as an account by House Bill No. 1706;
3-8 (9) the interagency water policy account created by
3-9 House Bill No. 2912 or Senate Bill No. 2;
3-10 (10) the environmental testing laboratory
3-11 accreditation account created by House Bill No. 2912;
3-12 (11) any account created by Senate Bill No. 5 and not
3-13 otherwise listed in this Act, other than a trust account subject to
3-14 Section 8(a) of this Act;
3-15 (12) the Texas peace officer flag account created by
3-16 House Bill No. 815;
3-17 (13) the special account for administrative penalties
3-18 collected by the Department of Public Safety under Section
3-19 548.3065, Transportation Code, created by House Bill No. 2134;
3-20 (14) the governor for a day account created by House
3-21 Bill No. 2147;
3-22 (15) the speaker's reunion day account created by
3-23 House Bill No. 2147;
3-24 (16) the inaugural endowment fund created as an
3-25 account by House Bill No. 2439 or similar legislation;
3-26 (17) the rural volunteer fire department insurance
3-27 fund created as an account by House Bill No. 3667;
4-1 (18) the water infrastructure fund created as an
4-2 account by Senate Bill No. 2;
4-3 (19) the rural water assistance fund created as an
4-4 account by Senate Bill No. 2;
4-5 (20) the interagency water advisory account created by
4-6 Senate Bill No. 2;
4-7 (21) the Texas emissions reduction plan fund created
4-8 as an account by Senate Bill No. 5;
4-9 (22) the environmental research fund created as an
4-10 account by Senate Bill No. 5;
4-11 (23) the dedicated account established as a successor
4-12 to the Texas Healthy Kids Fund by Senate Bill No. 236;
4-13 (24) the technology workforce development account
4-14 created by Senate Bill No. 353;
4-15 (25) the rural physician relief program account
4-16 created by Senate Bill No. 516;
4-17 (26) the smart jobs fund, if re-created as an account
4-18 by House Bill No. 3452 or Senate Bill No. 321;
4-19 (27) the child abuse and neglect prevention operating
4-20 fund account created by Senate Bill No. 1475;
4-21 (28) the child abuse and neglect prevention trust fund
4-22 account created by Senate Bill No. 1475;
4-23 (29) the floating cabins purchase account created by
4-24 Senate Bill No. 1573; and
4-25 (30) the mobile amusement ride regulation account
4-26 created by Senate Bill No. 1622.
4-27 SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective August 27,
5-1 2001, the following funds in the state treasury or funds otherwise
5-2 with the comptroller are re-created as accounts in the general
5-3 revenue fund and the accounts and the revenue deposited to the
5-4 credit of the accounts are exempt from Section 2 of this Act, if
5-5 created or re-created by an Act of the 77th Legislature, Regular
5-6 Session, 2001, that becomes law:
5-7 (1) the rural water assistance fund created by House
5-8 Bill No. 622;
5-9 (2) the work and family policies fund re-created by
5-10 House Bill No. 761 or Senate Bill No. 1586;
5-11 (3) the owner-builder revolving loan fund created by
5-12 Senate Bill No. 322;
5-13 (4) the colonia model subdivision revolving loan fund
5-14 created by Senate Bill No. 322;
5-15 (5) any fund created by Senate Bill No. 5 and not
5-16 otherwise listed in this Act, other than a trust fund subject to
5-17 Section 8(a) of this Act;
5-18 (6) the smart jobs fund, if re-created as a fund by
5-19 House Bill No. 3452 or Senate Bill No. 321;
5-20 (7) the gas utility service assistance trust fund
5-21 created by Senate Bill No. 310 or similar legislation;
5-22 (8) the barber school tuition protection account
5-23 created as a trust fund with the comptroller by Senate Bill No.
5-24 660;
5-25 (9) the spaceport trust fund created by Senate Bill
5-26 No. 813;
5-27 (10) the quality assurance fund created by Senate Bill
6-1 No. 1839; and
6-2 (11) the stabilization reserve fund re-created by
6-3 Senate Bill No. 1839.
6-4 SECTION 6. REVENUE DEDICATION. Effective August 27, 2001,
6-5 the following dedication of revenue collected by a state agency for
6-6 a particular purpose is exempt from Section 2 of this Act, if
6-7 dedicated by an Act of the 77th Legislature, Regular Session, 2001,
6-8 that becomes law:
6-9 (1) the dedication of revenue by House Bill No. 335
6-10 for a Department of Public Safety historical museum and research
6-11 center;
6-12 (2) the reinstatement fee revenue dedicated to the
6-13 state highway fund by Senate Bill No. 1329;
6-14 (3) the ferry sticker fee revenue dedicated to the
6-15 state highway fund by Senate Bill No. 1109;
6-16 (4) the dedication of revenue by Senate Bill No. 736
6-17 for the self-directed semi-independent agency pilot project;
6-18 (5) all revenue dedicated to the Texas Mobility Fund
6-19 by Senate Bill No. 4, Senate Bill No. 342, or similar legislation;
6-20 (6) all revenue dedicated to the abandoned rail
6-21 account in the state highway fund by Senate Bill No. 406;
6-22 (7) all revenue dedicated to the "Go Texan" partner
6-23 program account by Senate Bill No. 571; and
6-24 (8) the revenue from administrative fees and discount
6-25 and service charges dedicated by Senate Bill No. 487, relating to
6-26 bid guaranties, to the state highway fund.
6-27 SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
7-1 apply to funds created pursuant to an Act of the 77th Legislature,
7-2 Regular Session, 2001, for which separate accounting is required by
7-3 federal law, except that the funds shall be deposited in accounts
7-4 in the general revenue fund unless otherwise required by federal
7-5 law.
7-6 SECTION 8. TRUST FUNDS. (a) Section 2 of this Act does not
7-7 apply to trust funds or dedicated revenue deposited to trust funds
7-8 created under an Act of the 77th Legislature, Regular Session,
7-9 2001, except that the trust funds shall be held in the state
7-10 treasury, with the comptroller in trust, or outside the state
7-11 treasury with the comptroller's approval.
7-12 (b) Section 2 of this Act does not apply to the capital
7-13 renewal trust fund created by House Bill No. 2796 or to revenue
7-14 deposited to the credit of the fund. Notwithstanding Subsection
7-15 (a) of this section, the fund is a trust fund outside the treasury
7-16 with the comptroller in accordance with the provisions of House
7-17 Bill No. 2796, without regard to whether the comptroller approves
7-18 of the creation of the fund outside the treasury.
7-19 (c) Notwithstanding Subsection (a) of this section, Section
7-20 2 of this Act applies to the smart jobs rainy day fund created or
7-21 re-created as a trust fund by House Bill No. 3452 or Senate Bill
7-22 No. 321 and to revenue dedicated to the fund.
7-23 (d) Notwithstanding Subsection (a) of this section, Section
7-24 2 of this Act applies to the community health center revolving loan
7-25 fund created by House Bill No. 2574 and to revenue dedicated to the
7-26 fund.
7-27 SECTION 9. PAN AMERICAN GAMES TRUST FUND. The comptroller
8-1 shall undertake to accomplish the duties assigned by Section 4,
8-2 Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999,
8-3 as if the Pan American Games trust fund and the dedication of
8-4 revenue for the purposes of that fund were not abolished by
8-5 operation of Sections 2 and 9, Chapter 1045, Acts of the 76th
8-6 Legislature, Regular Session, 1999. The Pan American Games trust
8-7 fund is re-created by this Act. Revenue dedicated by Chapter 1507,
8-8 Acts of the 76th Legislature, Regular Session, 1999, is rededicated
8-9 by this Act for the same purposes. Section 2 of this Act does not
8-10 apply to the fund or to revenue dedicated to the fund.
8-11 SECTION 10. TELECOMMUNICATIONS INFRASTRUCTURE FUND. (a)
8-12 Section 57.043(a), Utilities Code, is amended to read as follows:
8-13 (a) The telecommunications infrastructure fund is an
8-14 account in the general revenue fund. The telecommunications
8-15 infrastructure fund account is composed of the public schools
8-16 account and the qualifying entities account. Section 403.095,
8-17 Government Code, does not apply to the telecommunications
8-18 infrastructure fund account or to the accounts that compose the
8-19 fund account.
8-20 (b) Effective August 27, 2001, the telecommunications
8-21 infrastructure fund is re-created as an account in the general
8-22 revenue fund, and the account and the revenue deposited to the
8-23 credit of the account are exempt from Section 2 of this Act.
8-24 SECTION 11. BOND FUNDS. Section 2 of this Act does not
8-25 apply to bond funds and pledged funds created or affected by an Act
8-26 of the 77th Legislature, Regular Session, 2001, except that the
8-27 funds shall be held in the state treasury, with the comptroller in
9-1 trust, or outside the state treasury with the comptroller's
9-2 approval.
9-3 SECTION 12. CONSTITUTIONAL FUNDS. Section 2 of this Act
9-4 does not apply to funds or accounts that would be created or
9-5 re-created in the Texas Constitution or revenue that would be
9-6 dedicated or rededicated by the Texas Constitution under
9-7 constitutional amendments proposed by the 77th Legislature, Regular
9-8 Session, 2001, or to dedicated revenue deposited to funds or
9-9 accounts that would be so created or re-created.
9-10 SECTION 13. SEPARATE FUNDS IN THE TREASURY. Effective August
9-11 27, 2001, the following funds in the state treasury and the revenue
9-12 deposited to the credit of the funds are exempt from Section 2 of
9-13 this Act and are created as separate funds in the state treasury,
9-14 if created by an Act of the 77th Legislature, Regular Session,
9-15 2001, that becomes law:
9-16 (1) the permanent fund for veterans' care created by
9-17 House Bill No. 515 or Senate Bill No. 976; and
9-18 (2) the permanent endowment fund for the rural
9-19 communities health care investment program created by Senate Bill
9-20 No. 126.
9-21 SECTION 14. YOUNG FARMER LOAN GUARANTEE ACCOUNT. (a) The
9-22 young farmer loan guarantee account in the Texas agricultural fund
9-23 is re-created by this Act. Revenue dedicated for deposit to the
9-24 credit of the account under Section 58.057, Agriculture Code, or
9-25 Section 502.174, Transportation Code, is rededicated by this Act
9-26 for deposit to the credit of the account. Section 2 of this Act
9-27 does not apply to the account or to revenue dedicated to the
10-1 account.
10-2 (b) Revenue received after the effective date of this Act
10-3 that is dedicated to the account shall be deposited to the credit
10-4 of the account, except that grants and donations made for the
10-5 purposes of the young farmer loan guarantee program shall be
10-6 deposited to the credit of the account without regard to when the
10-7 grant or donation was made.
10-8 (c) Any unexpended interest that accrues to the credit of
10-9 any successor account to the young farmer loan guarantee account in
10-10 the general revenue fund, established by the comptroller in
10-11 response to Chapter 1045, Acts of the 76th Legislature, Regular
10-12 Session, 1999, shall be transferred to the credit of the Texas
10-13 agricultural fund at the end of each fiscal year.
10-14 SECTION 15. COURT COSTS. Effective August 27, 2001, revenue
10-15 consisting of court costs authorized by an Act of the 77th
10-16 Legislature, Regular Session, 2001, that becomes law is exempt from
10-17 Section 2 of this Act.
10-18 SECTION 16. LICENSE PLATE FEES. Effective August 27, 2001,
10-19 revenue consisting of fees collected from the sale of motor vehicle
10-20 license plates that are authorized by an Act of the 77th
10-21 Legislature, Regular Session, 2001, that becomes law is exempt from
10-22 Section 2 of this Act.
10-23 SECTION 17. AMENDMENT. Effective September 1, 2001,
10-24 Sections 403.095(b), (d), and (e), Government Code, are amended to
10-25 read as follows:
10-26 (b) Notwithstanding any law dedicating or setting aside
10-27 revenue for a particular purpose or entity, dedicated revenues
11-1 that, on August 31, 2003 [2001], are estimated to exceed the amount
11-2 appropriated by the General Appropriations Act or other laws
11-3 enacted by the 77th [76th] Legislature are available for general
11-4 governmental purposes and are considered available for the purpose
11-5 of certification under Section 403.121.
11-6 (d) Following certification of the General Appropriations
11-7 Act and other appropriations measures enacted by the 77th [76th]
11-8 Legislature, the comptroller shall reduce each dedicated account as
11-9 directed by the legislature by an amount that may not exceed the
11-10 amount by which estimated revenues and unobligated balances exceed
11-11 appropriations. The reductions may be made in the amounts and at
11-12 the times necessary for cash flow considerations to allow all the
11-13 dedicated accounts to maintain adequate cash balances to transact
11-14 routine business. The legislature may authorize, in the General
11-15 Appropriations Act, the temporary delay of the excess balance
11-16 reduction required under this subsection. This subsection does not
11-17 apply to revenues or balances in:
11-18 (1) funds outside the treasury;
11-19 (2) trust funds, which for purposes of this section
11-20 include funds that may or are required to be used in whole or in
11-21 part for the acquisition, development, construction, or maintenance
11-22 of state and local government infrastructures, recreational
11-23 facilities, or natural resource conservation facilities;
11-24 (3) funds created by the constitution or a court; or
11-25 (4) funds for which separate accounting is required by
11-26 federal law.
11-27 (e) This section expires on September 1, 2003 [2001].
12-1 SECTION 18. FUNDS OUTSIDE THE TREASURY. Section 2 of this
12-2 Act does not apply to the following funds outside the treasury or
12-3 to the dedicated revenue deposited to the credit of the funds, if
12-4 created by an Act of the 77th Legislature, Regular Session, 2001,
12-5 that becomes law:
12-6 (1) the Department of Public Safety Historical Museum
12-7 and Research Center account created by House Bill No. 335;
12-8 (2) the Texas excellence fund created by House Bill
12-9 No. 1839; and
12-10 (3) the university research fund created by House Bill
12-11 No. 1839.
12-12 SECTION 19. SYSTEM BENEFIT FUND. (a) Sections 39.903(a) and
12-13 (e), Utilities Code, are amended to read as follows:
12-14 (a) The system benefit fund is created as a trust fund with
12-15 the comptroller in the state treasury [and shall be administered by
12-16 the commission as trustee on behalf of the recipients of money from
12-17 the fund].
12-18 (e) Money in the [The] system benefit fund may be
12-19 appropriated to [shall] provide funding solely for the following
12-20 regulatory purposes:
12-21 (1) programs to assist low-income electric customers
12-22 provided by Subsections (f)-(l);
12-23 (2) customer education programs; and
12-24 (3) the school funding loss mechanism provided by
12-25 Section 39.901.
12-26 (b) The system benefit fund is re-created by this Act as a
12-27 trust fund with the comptroller in the state treasury. Section 2
13-1 of this Act does not apply to the fund or to revenue dedicated to
13-2 the fund.
13-3 SECTION 20. HOLDING FUND. (a) Section 204.122, Labor Code,
13-4 is amended to read as follows:
13-5 Sec. 204.122. HOLDING FUND. (a) The holding fund is a
13-6 dedicated account in the general revenue fund [special trust fund
13-7 in the custody of the comptroller separate and apart from all
13-8 public money or funds of this state].
13-9 (b) The comptroller shall administer the holding fund in
13-10 accordance with the directions of the commission, subject to
13-11 legislative appropriations of money in the fund. Interest accruing
13-12 on amounts in the holding fund shall be deposited quarterly to the
13-13 credit of the compensation fund.
13-14 (b) Effective August 27, 2001, the holding fund is
13-15 re-created as an account in the general revenue fund, and the
13-16 account and the revenue deposited to the credit of the account are
13-17 exempt from Section 2 of this Act.
13-18 SECTION 21. EFFECT OF ACT. (a) This Act prevails over any
13-19 other Act of the 77th Legislature, Regular Session, 2001,
13-20 regardless of the relative dates of enactment, that purports to
13-21 create or re-create a special fund or account in the state treasury
13-22 or to dedicate or rededicate revenue to a particular purpose,
13-23 including any fund, account, or revenue dedication abolished under
13-24 former Section 403.094, Government Code.
13-25 (b) Revenues that, under the terms of another Act of the
13-26 77th Legislature, Regular Session, 2001, would be deposited to the
13-27 credit of a special account or fund shall be deposited to the
14-1 credit of the unobligated portion of the general revenue fund,
14-2 unless the fund, account, or dedication is exempted under this Act.
14-3 SECTION 22. EFFECTIVE DATE. This Act takes effect
14-4 immediately if it receives a vote of two-thirds of all the members
14-5 elected to each house, as provided by Section 39, Article III,
14-6 Texas Constitution. If this Act does not receive the vote
14-7 necessary for immediate effect, this Act takes effect on the 91st
14-8 day after the last day of the legislative session.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3088 was passed by the House on May
10, 2001, by the following vote: Yeas 131, Nays 2, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3088 on May 25, 2001, by the following vote: Yeas 114, Nays 0,
1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 3088 was passed by the Senate, with
amendments, on May 22, 2001, by the following vote: Yeas 30, Nays
0, 1 present, not voting.
_______________________________
Secretary of the Senate
APPROVED: __________________________
Date
__________________________
Governor