By Turner of Harris H.B. No. 3088
77R4439 JRD-F
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, but does not include an
1-12 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 by an Act
2-17 of the 77th Legislature, Regular Session, 2001, that becomes law:
2-18 (1) the fair campaign spending account created by
2-19 House Bill No. 2; and
2-20 (2) the system benefit fund created as an account by
2-21 House Bill No. 1902.
2-22 SECTION 5. OTHER FUNDS IN TREASURY. Effective August 27,
2-23 2001, the following fund in the state treasury and the revenue
2-24 deposited to the credit of the fund are exempt from Section 2 of
2-25 this Act, if created by an Act of the 77th Legislature, Regular
2-26 Session, 2001, that becomes law:
2-27 (1) the multistate lottery fund created by House Bill
3-1 No. 891.
3-2 SECTION 6. FUNDS TO BECOME ACCOUNTS. Effective August 27,
3-3 2001, the following fund in the state treasury is re-created as an
3-4 account in the general revenue fund and the account and the revenue
3-5 deposited to the credit of the account are exempt from Section 2 of
3-6 this Act, if created by an Act of the 77th Legislature, Regular
3-7 Session, 2001, that becomes law:
3-8 (1) the Rural Water Assistance Fund created by House
3-9 Bill No. 622.
3-10 SECTION 7. REVENUE DEDICATION. Effective August 27, 2001,
3-11 the following dedication of revenue collected by a state agency for
3-12 a particular purpose is exempt from Section 2 of this Act, if
3-13 dedicated by an Act of the 77th Legislature, Regular Session, 2001,
3-14 that becomes law:
3-15 (1) the dedication of revenue by House Bill No. 335
3-16 for a Department of Public Safety historical museum and research
3-17 center.
3-18 SECTION 8. FEDERAL FUNDS. Section 2 of this Act does not
3-19 apply to funds created pursuant to an Act of the 77th Legislature,
3-20 Regular Session, 2001, for which separate accounting is required by
3-21 federal law, except that the funds shall be deposited in accounts
3-22 in the general revenue fund unless otherwise required by federal
3-23 law.
3-24 SECTION 9. TRUST FUNDS. Section 2 of this Act does not
3-25 apply to trust funds or dedicated revenue deposited to trust funds
3-26 created under an Act of the 77th Legislature, Regular Session,
3-27 2001, except that the trust funds shall be held in the state
4-1 treasury, with the comptroller in trust, or outside the state
4-2 treasury with the comptroller's approval.
4-3 SECTION 10. BOND FUNDS. Section 2 of this Act does not
4-4 apply to bond funds and pledged funds created or affected by an Act
4-5 of the 77th Legislature, Regular Session, 2001, except that the
4-6 funds shall be held in the state treasury, with the comptroller in
4-7 trust, or outside the state treasury with the comptroller's
4-8 approval.
4-9 SECTION 11. CONSTITUTIONAL FUNDS. Section 2 of this Act
4-10 does not apply to funds or accounts that would be created or
4-11 re-created in the Texas Constitution or revenue that would be
4-12 dedicated or rededicated by the Texas Constitution under
4-13 constitutional amendments proposed by the 77th Legislature, Regular
4-14 Session, 2001, or to dedicated revenue deposited to funds or
4-15 accounts that would be so created or re-created.
4-16 SECTION 12. COURT COSTS. Effective August 27, 2001, revenue
4-17 consisting of court costs authorized by an Act of the 77th
4-18 Legislature, Regular Session, 2001, that becomes law is exempt from
4-19 Section 2 of this Act.
4-20 SECTION 13. LICENSE PLATE FEES. Effective August 27, 2001,
4-21 revenue consisting of fees collected from the sale of motor vehicle
4-22 license plates that are authorized by an Act of the 77th
4-23 Legislature, Regular Session, 2001, that becomes law are exempt
4-24 from Section 2 of this Act.
4-25 SECTION 14. AMENDMENT. Effective September 1, 2001,
4-26 Sections 403.095(b), (d), and (e), Government Code, are amended to
4-27 read as follows:
5-1 (b) Notwithstanding any law dedicating or setting aside
5-2 revenue for a particular purpose or entity, dedicated revenues
5-3 that, on August 31, 2003 [2001], are estimated to exceed the amount
5-4 appropriated by the General Appropriations Act or other laws
5-5 enacted by the 77th [76th] Legislature are available for general
5-6 governmental purposes and are considered available for the purpose
5-7 of certification under Section 403.121.
5-8 (d) Following certification of the General Appropriations
5-9 Act and other appropriations measures enacted by the 77th [76th]
5-10 Legislature, the comptroller shall reduce each dedicated account as
5-11 directed by the legislature by an amount that may not exceed the
5-12 amount by which estimated revenues and unobligated balances exceed
5-13 appropriations. The reductions may be made in the amounts and at
5-14 the times necessary for cash flow considerations to allow all the
5-15 dedicated accounts to maintain adequate cash balances to transact
5-16 routine business. The legislature may authorize, in the General
5-17 Appropriations Act, the temporary delay of the excess balance
5-18 reduction required under this subsection. This subsection does not
5-19 apply to revenues or balances in:
5-20 (1) funds outside the treasury;
5-21 (2) trust funds, which for purposes of this section
5-22 include funds that may or are required to be used in whole or in
5-23 part for the acquisition, development, construction, or maintenance
5-24 of state and local government infrastructures, recreational
5-25 facilities, or natural resource conservation facilities;
5-26 (3) funds created by the constitution or a court; or
5-27 (4) funds for which separate accounting is required by
6-1 federal law.
6-2 (e) This section expires on September 1, 2003 [2001].
6-3 SECTION 15. EFFECT OF ACT. (a) This Act prevails over any
6-4 other Act of the 77th Legislature, Regular Session, 2001,
6-5 regardless of the relative dates of enactment, that purports to
6-6 create or re-create a special fund or account in the state treasury
6-7 or to dedicate or rededicate revenue to a particular purpose,
6-8 including any fund, account, or revenue dedication abolished under
6-9 former Section 403.094, Government Code.
6-10 (b) Revenues that, under the terms of another Act of the
6-11 77th Legislature, Regular Session, 2001, would be deposited to the
6-12 credit of a special account or fund shall be deposited to the
6-13 credit of the unobligated portion of the general revenue fund,
6-14 unless the fund, account, or dedication is exempted under this Act.
6-15 SECTION 16. EFFECTIVE DATE. This Act takes effect
6-16 immediately if it receives a vote of two-thirds of all the members
6-17 elected to each house, as provided by Section 39, Article III,
6-18 Texas Constitution. If this Act does not receive the vote
6-19 necessary for immediate effect, this Act takes effect on the 91st
6-20 day after the last day of the legislative session.