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78S10301 JRD-F


By:  McCall                                                       H.B. No. 5  

Substitute the following for H.B. No. 5:                                      

By:  Heflin                                                   C.S.H.B. No. 5  



A BILL TO BE ENTITLED

AN ACT

relating to making an appropriation for the purpose of returning to 
a fund outside the state treasury cash that was transferred from the 
fund to the general revenue fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  For the fiscal biennium beginning September 1, 
2003, the comptroller is appropriated from the general revenue fund 
the amount needed to return any available cash that was transferred 
to that fund from a fund outside the state treasury and to maintain 
the equity of the fund from which the transfer was made, as required 
by Section 403.092, Government Code, as amended by Section 19, H.B. 
No. 2425, Acts of the 78th Legislature, Regular Session, 2003.
	SECTION 2.  Not more than $5,000,000 of the appropriation 
made by Section 1 of this Act may be used to allocate earned 
interest to a fund outside the state treasury under Section 
403.092(a), Government Code.
	SECTION 3.  During the state fiscal biennium beginning 
September 1, 2003, the comptroller shall return available cash that 
has been transferred from a fund outside the state treasury to a 
fund within the state treasury under Section 403.092(a), Government 
Code, together with the earned interest on the transferred amount, 
to the fund from which the available cash was transferred within 14 
days after the date on which the available cash was transferred.
	SECTION 4.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect on the 91st day after the last day of the 
legislative session.