77R12930 E
By Turner of Harris H.B. No. 3088
Substitute the following for H.B. No. 3088:
By Turner of Harris C.S.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; and
3-8 (9) the volunteer fire department assistance fund
3-9 created as an account by House Bill No. 2604.
3-10 SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective August 27,
3-11 2001, the following funds in the state treasury are re-created as
3-12 accounts in the general revenue fund and the accounts and the
3-13 revenue deposited to the credit of the accounts are exempt from
3-14 Section 2 of this Act, if created or re-created by an Act of the
3-15 77th Legislature, Regular Session, 2001, that becomes law:
3-16 (1) the rural water assistance fund created by House
3-17 Bill No. 622;
3-18 (2) the vital statistics enhancement fund created by
3-19 House Bill No. 761 or Senate Bill No. 1586; and
3-20 (3) the work and family policies fund re-created by
3-21 House Bill No. 761 or Senate Bill No. 1586.
3-22 SECTION 6. REVENUE DEDICATION. Effective August 27, 2001,
3-23 the following dedication of revenue collected by a state agency for
3-24 a particular purpose is exempt from Section 2 of this Act, if
3-25 dedicated by an Act of the 77th Legislature, Regular Session, 2001,
3-26 that becomes law:
3-27 (1) the dedication of revenue by House Bill No. 335
4-1 for a Department of Public Safety historical museum and research
4-2 center.
4-3 SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
4-4 apply to funds created pursuant to an Act of the 77th Legislature,
4-5 Regular Session, 2001, for which separate accounting is required by
4-6 federal law, except that the funds shall be deposited in accounts
4-7 in the general revenue fund unless otherwise required by federal
4-8 law.
4-9 SECTION 8. TRUST FUNDS. (a) Section 2 of this Act does not
4-10 apply to trust funds or dedicated revenue deposited to trust funds
4-11 created under an Act of the 77th Legislature, Regular Session,
4-12 2001, except that the trust funds shall be held in the state
4-13 treasury, with the comptroller in trust, or outside the state
4-14 treasury with the comptroller's approval.
4-15 (b) Section 2 of this Act does not apply to the capital
4-16 renewal trust fund created by House Bill No. 2796. Notwithstanding
4-17 Subsection (a) of this section, the fund is a trust fund outside
4-18 the treasury with the comptroller in accordance with the provisions
4-19 of House Bill No. 2796, without regard to whether the comptroller
4-20 approves of the creation of the fund outside the treasury.
4-21 SECTION 9. PAN AMERICAN GAMES TRUST FUND. The comptroller
4-22 shall undertake to accomplish the duties assigned by Section 4,
4-23 Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999,
4-24 as if the Pan American Games trust fund and the dedication of
4-25 revenue for the purposes of that fund were not abolished by
4-26 operation of Sections 2 and 9, Chapter 1045, Acts of the 76th
4-27 Legislature, Regular Session, 1999. The Pan American Games trust
5-1 fund is re-created by this Act. Revenue dedicated by Chapter 1507,
5-2 Acts of the 76th Legislature, Regular Session, 1999, is rededicated
5-3 by this Act for the same purposes. Section 2 of this Act does not
5-4 apply to the fund or to revenue dedicated to the fund.
5-5 SECTION 10. BOND FUNDS. Section 2 of this Act does not
5-6 apply to bond funds and pledged funds created or affected by an Act
5-7 of the 77th Legislature, Regular Session, 2001, except that the
5-8 funds shall be held in the state treasury, with the comptroller in
5-9 trust, or outside the state treasury with the comptroller's
5-10 approval.
5-11 SECTION 11. CONSTITUTIONAL FUNDS. Section 2 of this Act
5-12 does not apply to funds or accounts that would be created or
5-13 re-created in the Texas Constitution or revenue that would be
5-14 dedicated or rededicated by the Texas Constitution under
5-15 constitutional amendments proposed by the 77th Legislature, Regular
5-16 Session, 2001, or to dedicated revenue deposited to funds or
5-17 accounts that would be so created or re-created.
5-18 SECTION 12. COURT COSTS. Effective August 27, 2001, revenue
5-19 consisting of court costs authorized by an Act of the 77th
5-20 Legislature, Regular Session, 2001, that becomes law is exempt from
5-21 Section 2 of this Act.
5-22 SECTION 13. LICENSE PLATE FEES. Effective August 27, 2001,
5-23 revenue consisting of fees collected from the sale of motor vehicle
5-24 license plates that are authorized by an Act of the 77th
5-25 Legislature, Regular Session, 2001, that becomes law are exempt
5-26 from Section 2 of this Act.
5-27 SECTION 14. AMENDMENT. Effective September 1, 2001,
6-1 Sections 403.095(b), (d), and (e), Government Code, are amended to
6-2 read as follows:
6-3 (b) Notwithstanding any law dedicating or setting aside
6-4 revenue for a particular purpose or entity, dedicated revenues
6-5 that, on August 31, 2003 [2001], are estimated to exceed the amount
6-6 appropriated by the General Appropriations Act or other laws
6-7 enacted by the 77th [76th] Legislature are available for general
6-8 governmental purposes and are considered available for the purpose
6-9 of certification under Section 403.121.
6-10 (d) Following certification of the General Appropriations
6-11 Act and other appropriations measures enacted by the 77th [76th]
6-12 Legislature, the comptroller shall reduce each dedicated account as
6-13 directed by the legislature by an amount that may not exceed the
6-14 amount by which estimated revenues and unobligated balances exceed
6-15 appropriations. The reductions may be made in the amounts and at
6-16 the times necessary for cash flow considerations to allow all the
6-17 dedicated accounts to maintain adequate cash balances to transact
6-18 routine business. The legislature may authorize, in the General
6-19 Appropriations Act, the temporary delay of the excess balance
6-20 reduction required under this subsection. This subsection does not
6-21 apply to revenues or balances in:
6-22 (1) funds outside the treasury;
6-23 (2) trust funds, which for purposes of this section
6-24 include funds that may or are required to be used in whole or in
6-25 part for the acquisition, development, construction, or maintenance
6-26 of state and local government infrastructures, recreational
6-27 facilities, or natural resource conservation facilities;
7-1 (3) funds created by the constitution or a court; or
7-2 (4) funds for which separate accounting is required by
7-3 federal law.
7-4 (e) This section expires on September 1, 2003 [2001].
7-5 SECTION 15. EFFECT OF ACT. (a) This Act prevails over any
7-6 other Act of the 77th Legislature, Regular Session, 2001,
7-7 regardless of the relative dates of enactment, that purports to
7-8 create or re-create a special fund or account in the state treasury
7-9 or to dedicate or rededicate revenue to a particular purpose,
7-10 including any fund, account, or revenue dedication abolished under
7-11 former Section 403.094, Government Code.
7-12 (b) Revenues that, under the terms of another Act of the
7-13 77th Legislature, Regular Session, 2001, would be deposited to the
7-14 credit of a special account or fund shall be deposited to the
7-15 credit of the unobligated portion of the general revenue fund,
7-16 unless the fund, account, or dedication is exempted under this Act.
7-17 SECTION 16. EFFECTIVE DATE. This Act takes effect
7-18 immediately if it receives a vote of two-thirds of all the members
7-19 elected to each house, as provided by Section 39, Article III,
7-20 Texas Constitution. If this Act does not receive the vote
7-21 necessary for immediate effect, this Act takes effect on the 91st
7-22 day after the last day of the legislative session.