78R8564 JJT-F

By:  Pitts                                                        H.B. No. 3175



A BILL TO BE ENTITLED

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.  Sections 403.092(a) and (b), Government Code, 
are amended 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.
	SECTION 2.  (a)  In accordance with the requirements imposed 
by Sections 403.092(a) and (b), Government Code, as amended by this 
Act, the comptroller is appropriated from the general revenue fund 
for the state fiscal year ending August 31, 2003, the amount needed 
to return any available cash that is transferred to the general 
revenue fund from a fund outside the state treasury during the state 
fiscal year ending August 31, 2003, and to maintain the equity of 
the fund from which the transfer of available cash was made.  This 
subsection has no effect if this Act does not take immediate effect 
under Section 3 of this Act.
	(b)  In accordance with the requirements imposed by Sections 
403.092(a) and (b), Government Code, as amended by this Act, the 
comptroller is appropriated from the general revenue fund for the 
state fiscal biennium beginning September 1, 2003, the amount 
needed to return any available cash that is transferred to the 
general revenue fund from a fund outside the state treasury during 
the state fiscal biennium beginning September 1, 2003, and to 
maintain the equity of the fund from which the transfer of available 
cash was made.
	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.