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78S30150 JJT-D
By: Bivins S.B. No. 4
A BILL TO BE ENTITLED
AN ACT
relating to appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) All fees collected during the state fiscal
biennium beginning September 1, 2003, by the Texas Animal Health
Commission under Section 161.0411, Agriculture Code, as added by
House Bill No. 2328, Acts of the 78th Legislature, Regular Session,
2003, are appropriated to the Texas Animal Health Commission for
the state fiscal biennium beginning September 1, 2003, for the
purpose of administering Section 161.0411.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with administering Section 161.0411, Agriculture Code,
as added by House Bill No. 2328, Acts of the 78th Legislature,
Regular Session, 2003, shall be paid out of the appropriations made
by Subsection (a) of this section and shall be allocated to the
appropriate employee benefit appropriation items in accordance
with applicable rules of the comptroller.
SECTION 2. (a) The additional revenue generated by the
increase in the amount of lobby registration fees under Section
305.0064, Government Code, as added by House Bill No. 1606, Acts of
the 78th Legislature, Regular Session, 2003, collected during the
state fiscal biennium beginning September 1, 2003, by the Texas
Ethics Commission is appropriated, in an amount not to exceed
$267,400, to the Texas Ethics Commission for the state fiscal
biennium beginning September 1, 2003, for the development and
implementation of the electronic filing system for lobbyists, as
required by Section 305.0064.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with administering Section 305.0064, Government Code,
as added by House Bill No. 1606, Acts of the 78th Legislature,
Regular Session, 2003, shall be paid out of the appropriations made
by Subsection (a) of this section and shall be allocated to the
appropriate employee benefit appropriation items in accordance
with applicable rules of the comptroller.
SECTION 3. (a) All fees collected during the state fiscal
biennium beginning September 1, 2003, authorized by Subchapter G,
Chapter 101, Occupations Code, as added by House Bill No. 2985, Acts
of the 78th Legislature, Regular Session, 2003, are appropriated to
the Health Professions Council for the state fiscal biennium
beginning September 1, 2003, for the administration of the office
of patient protection under Subchapter G, Chapter 101, Occupations
Code.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with administering Subchapter G, Chapter 101,
Occupations Code, as added by House Bill No. 2985, Acts of the 78th
Legislature, Regular Session, 2003, shall be paid out of the
appropriations made by Subsection (a) of this section and shall be
allocated to the appropriate employee benefit appropriation items
in accordance with applicable rules of the comptroller.
SECTION 4. (a) All fees collected during the state fiscal
biennium beginning September 1, 2003, by the Texas Department of
Licensing and Regulation or the Texas Commission of Licensing and
Regulation under Chapter 1305, Occupations Code, as added by House
Bill No. 1487, Acts of the 78th Legislature, Regular Session, 2003,
or under Section 3, House Bill No. 1487, Acts of the 78th
Legislature, Regular Session, 2003, are appropriated to the Texas
Department of Licensing and Regulation for the purpose of
administering Chapter 1305. The full-time equivalent position
limitation established for the department in House Bill No. 1, Acts
of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is also increased by 32 for the state fiscal
biennium beginning September 1, 2003, for that purpose.
(b) Any increase in state employee benefit costs incurred
during the state fiscal biennium beginning September 1, 2003, in
connection with administering Chapter 1305, Occupations Code, as
added by House Bill No. 1487, Acts of the 78th Legislature, Regular
Session, 2003, shall be paid out of the appropriations made by
Subsection (a) of this section and shall be allocated to the
appropriate employee benefit appropriation items in accordance
with applicable rules of the comptroller.
SECTION 5. (a) 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, H.B. No. 2425, Acts of the 78th Legislature, Regular
Session, 2003.
(b) 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) The comptroller may 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) Section 11.28, Article IX, House Bill No. 1,
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) The heading to Section 11.28, Article IX, House Bill No.
1, 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.
(c) 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, House Bill
No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act), this Act controls.
SECTION 7. 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.