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.