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By:  McCall (Senate Sponsor - Bivins)                             H.B. No. 5  
	(In the Senate - Received from the House July 11, 2003; 
July 14, 2003, read first time and referred to Committee on 
Finance; July 16, 2003, reported adversely, with favorable 
Committee Substitute by the following vote:  Yeas 11, Nays 1; 
July 16, 2003, sent to printer.)


COMMITTEE SUBSTITUTE FOR H.B. No. 5                                      By:  Bivins


A BILL TO BE ENTITLED

AN ACT


relating to returning to a fund outside the state treasury cash that 
was transferred from the fund to the general revenue fund and to the 
transfer of certain payments from the foundation school fund from 
August of a state fiscal year to September of the following fiscal 
year; making an appropriation.
	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.  The changes made to Section 42.259, Education 
Code, by Section 4, H.B. No. 2425, Acts of the 78th Legislature, 
Regular Session, 2003, and Section 35, H.B. No. 3459, Acts of the 
78th Legislature, Regular Session, 2003, effectively transferring 
certain payments to school districts from August of a state fiscal 
year to September of the following fiscal year, apply only to a 
payment from the foundation school fund that is made on or after 
January 1, 2004.  A payment to a school district from the foundation 
school fund that is made before that date is governed by Section 
42.259, Education Code, as it existed on June 1, 2003, and the 
former law is continued in effect for that purpose.
	SECTION 5.  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.



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