SRC-JGS S.B. 4 78(3)   BILL ANALYSIS


Senate Research Center   S.B. 4
78S30150 JJT-DBy: Bivins
Finance
9/16/2003
As Filed


DIGEST AND PURPOSE 

As proposed, S.B. 4 makes provisions for fees and other amounts of money
related to legislation passed in the 78th Legislature, Regular and First
Called Sessions, 2003.  Money affected by this bill includes fees
collected by the Texas Animal Health Commission; certain lobby
registration fees; fees collected for the Health Professions Council's
administration of the Office of Patient Protection; fees and employees for
the Texas Department of Licensing and Regulation for certain new laws
regulating electricians; the repayment of the amounts borrowed by the
comptroller of public accounts to manage funds; and amounts appropriated
for state fiscal relief but vetoed by the governor. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  (a)  Specifies, for the purpose of administering Section
161.0411, Agriculture Code, that all fees collected during the state
fiscal biennium beginning September 1, 2003, by the Texas Animal Health
Commission (TAHC), are appropriated to TAHC  for the state fiscal biennium
beginning September 1, 2003.  

(b)  Requires, for the purpose of administering Section 161.0411,
Agriculture Code, that any increase in state employee benefit costs
incurred during the state fiscal biennium beginning September 1, 2003, be
paid out of the appropriations made by Subsection (a) of this section and
be allocated to the appropriate employee benefit appropriation. 

SECTION 2.  (a)  Provides that the additional revenue generated by the
increase in the amount of certain lobby registration fees under Section
305.0064, Government Code, collected during the state fiscal biennium
beginning September 1, 2003, by the Texas Ethics Commission (TEC) is
appropriated, in an amount not to exceed $267,400, to TEC for the
development and implementation of the electronic filing system for
lobbyists, as required by  Section 305.0064. 

(b)  Requires, for the purpose of administering Section 305.0064,
Government Code, that any increase in state employee benefit costs
incurred during the state fiscal biennium beginning September 1, 2003 be
paid out of the appropriations made by Subsection (a) of this section and
be allocated to the appropriate employee benefit appropriation. 

SECTION 3.  (a)  Appropriates fees as authorized by Subchapter G, Chapter
101, Occupations Code, to the Health Professions Council for the purpose
of the administering of the Office of Patient Protection. 

(b)  Requires, for the purpose of administering Subchapter G, Chapter 101,
Occupations Code, that any increase in state employee benefit costs
incurred during the state fiscal biennium beginning September 1, 2003, be
paid out of the appropriations made by Subsection (a) of this  section and
be allocated to the appropriate employee benefit appropriation. 

        
SECTION 4.  (a) Provides that all fees collected during the state fiscal
biennium beginning September 1, 2003, by the Texas Department of Licensing
and Regulation (TDLR) or the Commission of Licensing and Regulation under
Chapter 1305, Occupations Code, are appropriated to TDLR for the purpose
of administering Chapter 1305.  Provides that the full-time equivalent
position limitation for TDLR is increased by 32 for the state fiscal
biennium beginning September 1, 2003. 

(b)  Requires, for the purpose of administering Chapter 1305, Occupations
Code, that any increase in state employee benefit costs incurred during
the state fiscal biennium beginning September 1, 2003, be paid out of the
appropriations made by Subsection (a) of this section and be allocated to
the appropriate employee benefit appropriation. 

SECTION 5.  (a) Provides that for the fiscal biennium beginning September
1, 2003, the comptroller of public accounts (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. 

(b)  Establishes that not more than $5,000,000 of the appropriation made
by Subsection (a) of this section may be used to allocate earned interest
to a fund outside the state treasury under Section 403.092 (a), Government
Code. 

(c)  Authorizes the comptroller to return money appropriated by Subsection
(a) of this section only if: 

(1)  the comptroller returns 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 not later than the 14th day after the date on which
the available cash was transferred; and 

(2)  the return is made with the prior approval of the Legislative Budget
Board. 

SECTION 6.  (a)  Amends Section 11.28, Article IX, H.B. 1, 78th
Legislature, Regular Session, 2003, (the General Appropriations Act), by
amending Subsection (a) and adding Subsections (c) and (d), as follows: 

(a)  Deletes text specifying that certain funds are to be appropriated to
the comptroller only after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency Appropriation.
Provides that the funds are to be used as directed by the governor and the
Legislative Budget Board. 

(c)  Appropriates an amount equal to the sum of the General Revenue Fund
and general revenue dedicated account appropriations contained in this Act
that are vetoed by the governor under Section 14, Article IV, Texas
Constitution, out of the General Revenue Fund or appropriate general
revenue dedicated account to the Comptroller of Public Accounts for the
state fiscal biennium beginning September 1, 2003, for the purpose of
transferring funds to state agencies for state fiscal relief, as directed
by the governor and Legislative Budget Board. 

(d)  Provides that this section does not prohibit the governor and the
Legislative Budget Board, acting under Chapter 317, Government Code, from
making an emergency transfer of money appropriated  by this section, based
on need, to an agency or for a  purpose that is not described by
Subsection (b) of this section. 

(b) Amends the heading to Section 11.28, Article IX, H.B. 1, 78th
Legislature, Regular Session, 2003, to read as follows: 

Sec. 11.28  Appropriation of State Fiscal Relief Federal Funds and
Reappropriation for State Fiscal Relief of Vetoed General Revenue
Appropriations. 

(c) Provides that this Act controls in the event of a conflict between
this Act and another Act enacted by the 78th Legislature, 3rd Called
Session, 2003, that becomes law and  amends Section 11.28, Article IX,
H.B. 1, Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act).  


SECTION 7.  Effective date:  upon passage or the 91st day after the end of
the legislative session.