78R7528 JJT-D

By:  Garza                                                        H.B. No. 2509



A BILL TO BE ENTITLED

AN ACT

relating to the establishment, funding, and use of the additional 
contribution to education account in the general revenue fund.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subtitle C, Title 10, Government Code, is 
amended by adding Chapter 2115 to read as follows:

CHAPTER 2115.  ADDITIONAL CONTRIBUTION TO EDUCATION PROGRAM

SUBCHAPTER A.  GENERAL PROVISIONS
	Sec. 2115.001.  DEFINITIONS.  In this chapter:                          
		(1)  "Account" means the additional contribution to 
education account.
		(2)  "Authorization" includes a license, permit, 
certificate, registration, or other approval.
		(3)  "State agency" means a department, board, 
commission, committee, council, agency, office, or other entity in 
the executive or judicial branch of state government, the 
jurisdiction of which is not limited to a geographical portion of 
this state.  The term includes an institution of higher education as 
defined by Section 61.003, Education Code.
	Sec. 2115.002.  ADDITIONAL CONTRIBUTION TO EDUCATION 
ACCOUNT.  (a)  The additional contribution to education account is 
in the general revenue fund.
	(b)  The account consists of money deposited to the account 
under this chapter and any contribution otherwise deposited to the 
credit of the account.  Interest earned on money in the account 
shall be credited to the account.
	(c)  Section 403.095 does not apply to the account.                     
	Sec. 2115.003.  DEDICATION OF ACCOUNT.  (a)  Money in the 
account may be appropriated only for public education, except as 
provided by this section.
	(b)  Not more than 30 percent of the total contributions to 
the account in any fiscal biennium may be used to pay:
		(1)  the costs of administering the account; and                       
		(2)  the costs incurred by state agencies in 
soliciting, obtaining, and remitting contributions to the account.

[Sections 2115.004–2115.050 reserved for expansion]

SUBCHAPTER B.  CONTRIBUTIONS TO ACCOUNT
	Sec. 2115.051.  ACCEPTANCE OF CONTRIBUTION.  The comptroller 
may accept any gift of money to the account and shall credit a gift 
received to the credit of the account.
	Sec. 2115.052.  STATE AGENCY SOLICITATION OF CONTRIBUTIONS 
TO ACCOUNT.  (a)  Each state agency that issues an authorization for 
any purpose or that collects a fee for any purpose shall notify the 
person applying for or receiving the authorization or the person 
paying the fee that the person may make a contribution to the 
account.
	(b)  The notification must include a statement that the 
contribution would be credited to the "Additional Contribution to 
Education Account (ACE Account)" and a statement of the purpose of 
the account.
	(c)  Each state agency shall provide for:                               
		(1)  receipt of contributions to the account by means 
of any form of payment the agency accepts for purposes of an 
authorization of the agency or payment of a fee; and
		(2)  remittance of contributions received to the 
comptroller.        
	SECTION 2.  (a)  This Act takes effect September 1, 2003.                      
	(b)  Each department, board, commission, committee, council, 
agency, office, or other entity in the executive or judicial branch 
of state government that is subject to Chapter 2115, Government 
Code, as added by this Act, shall develop procedures necessary to 
solicit, receive, and remit contributions to the additional 
contribution to education account established under Chapter 2115, 
Government Code, as added by this Act, so that the entity may begin 
receiving and remitting the contributions on and after January 1, 
2004.