1-1 By: Turner of Harris (Senate Sponsor - Ellis) H.B. No. 3088
1-2 (In the Senate - Received from the House May 11, 2001;
1-3 May 11, 2001, read first time and referred to Committee on Finance;
1-4 May 11, 2001, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; May 11, 2001, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the creation and re-creation of funds and accounts in
1-9 the state treasury, the dedication and rededication of revenue,
1-10 and the exemption of unappropriated money from use for general
1-11 governmental purposes.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. DEFINITION. In this Act, "state agency" means an
1-14 office, institution, or other agency that is in the executive
1-15 branch of state government, has authority that is not limited to a
1-16 geographical portion of the state, and was created by the
1-17 constitution or a statute of this state. The term does not include
1-18 an institution of higher education as defined by Section 61.003,
1-19 Education Code.
1-20 SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
1-21 Except as otherwise specifically provided by this Act, all funds
1-22 and accounts created or re-created in the state treasury by an Act
1-23 of the 77th Legislature, Regular Session, 2001, that becomes law,
1-24 and all dedications or rededications of revenue in the state
1-25 treasury or otherwise collected by a state agency for a particular
1-26 purpose by an Act of the 77th Legislature, Regular Session, 2001,
1-27 that becomes law, are abolished on the later of August 27, 2001, or
1-28 the date the Act creating or re-creating the fund or account or
1-29 dedicating or rededicating revenue takes effect.
1-30 SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
1-31 ACCOUNTS. Section 2 of this Act does not apply to:
1-32 (1) statutory dedications, funds, and accounts that
1-33 were enacted before the 77th Legislature convened to comply with
1-34 requirements of state constitutional or federal law;
1-35 (2) dedications, funds, or accounts that remained
1-36 exempt from former Section 403.094(h), Government Code, at the time
1-37 dedications, accounts, and funds were abolished under that
1-38 provision;
1-39 (3) increases in fees or in other revenue dedicated as
1-40 described by this section; or
1-41 (4) increases in fees or in other revenue required to
1-42 be deposited in a fund or account described by this section.
1-43 SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective
1-44 August 27, 2001, the following accounts and the revenue deposited
1-45 to the credit of the accounts are exempt from Section 2 of this Act
1-46 and are created in the general revenue fund, if created or
1-47 re-created by an Act of the 77th Legislature, Regular Session,
1-48 2001, that becomes law:
1-49 (1) the fair campaign spending account created by
1-50 House Bill No. 2;
1-51 (2) the system benefit fund created as an account by
1-52 House Bill No. 1902;
1-53 (3) the tertiary care account re-created by House Bill
1-54 No. 893;
1-55 (4) the water well plugging account created by House
1-56 Bill No. 3188;
1-57 (5) the permanent management facility decommissioning
1-58 account created by House Bill No. 3420 or Senate Bill No. 1541;
1-59 (6) the assured isolation conversion account created
1-60 by House Bill No. 3420 or Senate Bill No. 1541;
1-61 (7) the highway billboard removal account created by
1-62 House Bill No. 1965;
1-63 (8) the private sector prison industry expansion
1-64 account created by House Bill No. 1617;
2-1 (9) the volunteer fire department assistance fund
2-2 created as an account by House Bill No. 2604;
2-3 (10) the colonia self-help account created by House
2-4 Bill No. 2776 or Senate Bill No. 1501; and
2-5 (11) the scholarship fund for architectural
2-6 examination applicants re-created as an account by House Bill No.
2-7 1706.
2-8 SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective August 27,
2-9 2001, the following funds in the state treasury are re-created as
2-10 accounts in the general revenue fund and the accounts and the
2-11 revenue deposited to the credit of the accounts are exempt from
2-12 Section 2 of this Act, if created or re-created by an Act of the
2-13 77th Legislature, Regular Session, 2001, that becomes law:
2-14 (1) the rural water assistance fund created by House
2-15 Bill No. 622;
2-16 (2) the work and family policies fund re-created by
2-17 House Bill No. 761 or Senate Bill No. 1586;
2-18 (3) the owner-builder revolving loan fund created by
2-19 House Bill No. 3294 or Senate Bill No. 1500;
2-20 (4) the colonia model subdivision revolving loan fund
2-21 created by House Bill No. 3294 or Senate Bill No. 1500; and
2-22 (5) the smart jobs fund re-created as an account by
2-23 House Bill No. 3452 or Senate Bill No. 321.
2-24 SECTION 6. REVENUE DEDICATION. Effective August 27, 2001,
2-25 the following dedication of revenue collected by a state agency for
2-26 a particular purpose is exempt from Section 2 of this Act, if
2-27 dedicated by an Act of the 77th Legislature, Regular Session, 2001,
2-28 that becomes law:
2-29 (1) the dedication of revenue by House Bill No. 335
2-30 for a Department of Public Safety historical museum and research
2-31 center;
2-32 (2) the reinstatement fee revenue dedicated to the
2-33 state highway fund by Senate Bill No. 1329; and
2-34 (3) the ferry sticker fee revenue dedicated to the
2-35 state highway fund by Senate Bill No. 1109.
2-36 SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
2-37 apply to funds created pursuant to an Act of the 77th Legislature,
2-38 Regular Session, 2001, for which separate accounting is required by
2-39 federal law, except that the funds shall be deposited in accounts
2-40 in the general revenue fund unless otherwise required by federal
2-41 law.
2-42 SECTION 8. TRUST FUNDS. (a) Section 2 of this Act does not
2-43 apply to trust funds or dedicated revenue deposited to trust funds
2-44 created under an Act of the 77th Legislature, Regular Session,
2-45 2001, except that the trust funds shall be held in the state
2-46 treasury, with the comptroller in trust, or outside the state
2-47 treasury with the comptroller's approval.
2-48 (b) Section 2 of this Act does not apply to the capital
2-49 renewal trust fund created by House Bill No. 2796 or to revenue
2-50 deposited to the credit of the fund. Notwithstanding Subsection
2-51 (a) of this section, the fund is a trust fund outside the treasury
2-52 with the comptroller in accordance with the provisions of House
2-53 Bill No. 2796, without regard to whether the comptroller approves
2-54 of the creation of the fund outside the treasury.
2-55 SECTION 9. PAN AMERICAN GAMES TRUST FUND. The comptroller
2-56 shall undertake to accomplish the duties assigned by Section 4,
2-57 Chapter 1507, Acts of the 76th Legislature, Regular Session, 1999,
2-58 as if the Pan American Games trust fund and the dedication of
2-59 revenue for the purposes of that fund were not abolished by
2-60 operation of Sections 2 and 9, Chapter 1045, Acts of the 76th
2-61 Legislature, Regular Session, 1999. The Pan American Games trust
2-62 fund is re-created by this Act. Revenue dedicated by Chapter 1507,
2-63 Acts of the 76th Legislature, Regular Session, 1999, is rededicated
2-64 by this Act for the same purposes. Section 2 of this Act does not
2-65 apply to the fund or to revenue dedicated to the fund.
2-66 SECTION 10. TELECOMMUNICATIONS INFRASTRUCTURE FUND. (a)
2-67 Section 57.043(a), Utilities Code, is amended to read as follows:
2-68 (a) The telecommunications infrastructure fund is an
2-69 account in the general revenue fund. The telecommunications
3-1 infrastructure fund account is composed of the public schools
3-2 account and the qualifying entities account. Section 403.095,
3-3 Government Code, does not apply to the telecommunications
3-4 infrastructure fund account or to the accounts that compose the
3-5 fund account.
3-6 (b) Effective August 27, 2001, the telecommunications
3-7 infrastructure fund is re-created as an account in the general
3-8 revenue fund, and the account and the revenue deposited to the
3-9 credit of the account are exempt from Section 2 of this Act.
3-10 SECTION 11. BOND FUNDS. Section 2 of this Act does not
3-11 apply to bond funds and pledged funds created or affected by an Act
3-12 of the 77th Legislature, Regular Session, 2001, except that the
3-13 funds shall be held in the state treasury, with the comptroller in
3-14 trust, or outside the state treasury with the comptroller's
3-15 approval.
3-16 SECTION 12. CONSTITUTIONAL FUNDS. Section 2 of this Act
3-17 does not apply to funds or accounts that would be created or
3-18 re-created in the Texas Constitution or revenue that would be
3-19 dedicated or rededicated by the Texas Constitution under
3-20 constitutional amendments proposed by the 77th Legislature, Regular
3-21 Session, 2001, or to dedicated revenue deposited to funds or
3-22 accounts that would be so created or re-created.
3-23 SECTION 13. SEPARATE FUNDS IN THE TREASURY. Effective August
3-24 27, 2001, the following funds in the state treasury and the revenue
3-25 deposited to the credit of the funds are exempt from Section 2 of
3-26 this Act and are created as separate funds in the state treasury,
3-27 if created by an Act of the 77th Legislature, Regular Session,
3-28 2001, that becomes law:
3-29 (1) the permanent fund for veterans' care created by
3-30 House Bill No. 515 or Senate Bill No. 976.
3-31 SECTION 14. YOUNG FARMER LOAN GUARANTEE ACCOUNT. (a) The
3-32 young farmer loan guarantee account in the Texas agricultural fund
3-33 is re-created by this Act. Revenue dedicated for deposit to the
3-34 credit of the account under Section 58.057, Agriculture Code, or
3-35 Section 502.174, Transportation Code, is rededicated by this Act
3-36 for deposit to the credit of the account. Section 2 of this Act
3-37 does not apply to the account or to revenue dedicated to the
3-38 account.
3-39 (b) Revenue received after the effective date of this Act
3-40 that is dedicated to the account shall be deposited to the credit
3-41 of the account, except that grants and donations made for the
3-42 purposes of the young farmer loan guarantee program shall be
3-43 deposited to the credit of the account without regard to when the
3-44 grant or donation was made.
3-45 (c) Any unexpended interest that accrues to the credit of
3-46 any successor account to the young farmer loan guarantee account in
3-47 the general revenue fund, established by the comptroller in
3-48 response to Chapter 1045, Acts of the 76th Legislature, Regular
3-49 Session, 1999, shall be transferred to the credit of the Texas
3-50 agricultural fund at the end of each fiscal year.
3-51 SECTION 15. COURT COSTS. Effective August 27, 2001, revenue
3-52 consisting of court costs authorized by an Act of the 77th
3-53 Legislature, Regular Session, 2001, that becomes law is exempt from
3-54 Section 2 of this Act.
3-55 SECTION 16. LICENSE PLATE FEES. Effective August 27, 2001,
3-56 revenue consisting of fees collected from the sale of motor vehicle
3-57 license plates that are authorized by an Act of the 77th
3-58 Legislature, Regular Session, 2001, that becomes law is exempt from
3-59 Section 2 of this Act.
3-60 SECTION 17. AMENDMENT. Effective September 1, 2001,
3-61 Sections 403.095(b), (d), and (e), Government Code, are amended to
3-62 read as follows:
3-63 (b) Notwithstanding any law dedicating or setting aside
3-64 revenue for a particular purpose or entity, dedicated revenues
3-65 that, on August 31, 2003 [2001], are estimated to exceed the amount
3-66 appropriated by the General Appropriations Act or other laws
3-67 enacted by the 77th [76th] Legislature are available for general
3-68 governmental purposes and are considered available for the purpose
3-69 of certification under Section 403.121.
4-1 (d) Following certification of the General Appropriations
4-2 Act and other appropriations measures enacted by the 77th [76th]
4-3 Legislature, the comptroller shall reduce each dedicated account as
4-4 directed by the legislature by an amount that may not exceed the
4-5 amount by which estimated revenues and unobligated balances exceed
4-6 appropriations. The reductions may be made in the amounts and at
4-7 the times necessary for cash flow considerations to allow all the
4-8 dedicated accounts to maintain adequate cash balances to transact
4-9 routine business. The legislature may authorize, in the General
4-10 Appropriations Act, the temporary delay of the excess balance
4-11 reduction required under this subsection. This subsection does not
4-12 apply to revenues or balances in:
4-13 (1) funds outside the treasury;
4-14 (2) trust funds, which for purposes of this section
4-15 include funds that may or are required to be used in whole or in
4-16 part for the acquisition, development, construction, or maintenance
4-17 of state and local government infrastructures, recreational
4-18 facilities, or natural resource conservation facilities;
4-19 (3) funds created by the constitution or a court; or
4-20 (4) funds for which separate accounting is required by
4-21 federal law.
4-22 (e) This section expires on September 1, 2003 [2001].
4-23 SECTION 18. EFFECT OF ACT. (a) This Act prevails over any
4-24 other Act of the 77th Legislature, Regular Session, 2001,
4-25 regardless of the relative dates of enactment, that purports to
4-26 create or re-create a special fund or account in the state treasury
4-27 or to dedicate or rededicate revenue to a particular purpose,
4-28 including any fund, account, or revenue dedication abolished under
4-29 former Section 403.094, Government Code.
4-30 (b) Revenues that, under the terms of another Act of the
4-31 77th Legislature, Regular Session, 2001, would be deposited to the
4-32 credit of a special account or fund shall be deposited to the
4-33 credit of the unobligated portion of the general revenue fund,
4-34 unless the fund, account, or dedication is exempted under this Act.
4-35 SECTION 19. EFFECTIVE DATE. This Act takes effect
4-36 immediately if it receives a vote of two-thirds of all the members
4-37 elected to each house, as provided by Section 39, Article III,
4-38 Texas Constitution. If this Act does not receive the vote
4-39 necessary for immediate effect, this Act takes effect on the 91st
4-40 day after the last day of the legislative session.
4-41 * * * * *