By:  Pitts (Senate Sponsor - Bivins)                              H.B. No. 3175
	(In the Senate - Received from the House April 22, 2003; 
April 22, 2003, read first time and referred to Committee on 
Finance; May 12, 2003, reported favorably by the following vote:  
Yeas 12, Nays 0; May 12, 2003, sent to printer.)


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.  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.  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.



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