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H.B. No. 3175
AN ACT
relating to the authority of the comptroller of public accounts to
manage cash flow by transferring available cash between funds in
the custody or under the management of the comptroller; making an
appropriation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.092, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (f) to read
as follows:
(a) To allow efficient management of the cash flow of the
general revenue fund and to avoid a temporary cash deficiency in the
general revenue [that] fund, the comptroller may transfer available
[surplus] cash, except constitutionally dedicated revenues,
between funds that are managed by or in the custody of the
comptroller [in the state treasury]. As soon as practicable, the
comptroller shall return [the surplus cash] to the fund from which
the available cash [it] was transferred cash in the amount of the
available cash transferred. The comptroller shall preserve the
[fund] equity of the fund from which the available cash was
transferred and shall allocate earned [the depository] interest as
if the transfer had not been made.
(b) If the comptroller submits a statement under Article
III, Section 49a, of the Texas Constitution when available
[surplus] cash transferred under Subsection (a) is in the general
revenue fund, the comptroller shall indicate in that statement that
the available cash that was transferred [surplus cash] is in the
general revenue fund, is a liability of that fund, and is not
available for appropriation by the legislature except as necessary
to return cash to the fund from which it was transferred as required
by Subsection (a).
(f) The comptroller may not transfer available cash to the
general revenue fund under Subsection (a) from the Texas Tomorrow
Fund.
SECTION 2. The comptroller is appropriated from the general
revenue fund for the fiscal biennium beginning September 1, 2003,
the amount needed to return any available cash that was transferred
to the general revenue fund from a fund outside the state treasury
and needed to maintain the equity of the fund from which the
transfer was made, as required by Section 403.092, Government Code,
as amended by this Act.
SECTION 3. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3175 was passed by the House on April
16, 2003, by the following vote: Yeas 120, Nays 25, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3175 on May 28, 2003, by the following vote: Yeas 137, Nays 1,
2 present, not voting; passed subject to the provisions of Article
III, Section 49a, of the Constitution of the State of Texas.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3175 was passed by the Senate, with
amendments, on May 26, 2003, by the following vote: Yeas 31, Nays
0; passed subject to the provisions of Article III, Section 49a, of
the Constitution of the State of Texas.
______________________________
Secretary of the Senate
I certify that the amounts appropriated in the herein H.B.
No. 3175, Regular Session of the 78th Legislature, are within
amounts estimated to be available in the affected fund.
Certified_____________________
______________________________
Comptroller of Public Accounts
APPROVED: __________________
Date
__________________
Governor