By: Heflin H.B. No. 10
A BILL TO BE ENTITLED
AN ACT
relating to the use of dedicated revenue during a state budget
crisis.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 403, Government Code, is
amended by adding Section 403.0955 to read as follows:
Sec. 403.0955. USE OF DEDICATED REVENUE DURING STATE BUDGET
CRISIS. (a) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, revenue that has been
set aside by law for a particular purpose or entity is available for
general governmental purposes:
(1) during a current biennium if the comptroller
certifies that appropriations from general revenue made by the
preceding legislature for the current biennium exceed available
general revenues and cash balances for the remainder of the current
biennium; and
(2) during the succeeding biennium if an estimate of
anticipated revenues for the succeeding biennium prepared by the
comptroller pursuant to Article III, Section 49a, Texas
Constitution is less than the revenues that are estimated at the
same time by the comptroller to be available for the current
biennium.
(b) Revenue described by Subsection (a) is considered
available for the purpose of certification under Section 403.121.
(c) This section does not apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
SECTION 2. 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 September 1, 2003.