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78S30198 JRD-D
By: McCall H.B. No. 28
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal management; making related
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. For the state 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, Chapter 1310, 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, Chapter 1310, Acts of the 78th Legislature,
Regular Session, 2003, and Section 35, Chapter 201, 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. Section 403.302, Government Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), if after conducting
the annual study for the year 2002 the comptroller determines that
the local value for a school district is invalid and the local value
exceeds the state value for the school district determined by the
comptroller under Subsections (a) and (b), the taxable value for
the school district for that year is the district's state value as
established by the comptroller. This subsection expires September
30, 2004.
SECTION 6. Section 403.302(m), Government Code, as added by
Chapter 1183, Acts of the 78th Legislature, Regular Session, 2003,
is repealed.
SECTION 7. (a) Section 11.28, Article IX, Chapter 1330,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is amended by amending Subsection (a) and
adding Subsections (c) and (d) to read as follows:
(a) Notwithstanding other provisions of this Act, based
upon the passage of federal legislation that provides federal funds
for the purpose of state fiscal relief, such funds are
appropriated[, after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency
Appropriation,] to the Comptroller of Public Accounts in the fiscal
year in which the funds are received for the purpose of transferring
funds to state agencies for state fiscal relief, as directed by the
Governor and Legislative Budget Board acting under Chapter 317,
Government Code, and in accordance with [provided by] subsection
(b) of this section.
(c) Notwithstanding Section 11.15(b) of this article, 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, is appropriated 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 acting under Chapter 317, Government Code, and in
accordance with subsection (b) of this section.
(d) 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) 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 that amends Section 11.28, Article IX, Chapter
1330, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act), this Act controls.
SECTION 8. The heading to Section 11.28, Article IX,
Chapter 1330, Acts of the 78th Legislature, Regular Session, 2003
(the General Appropriations Act), is amended 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.
SECTION 9. 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.