78R8724 GWK-D

By:  Berman                                                       H.B. No. 3305



A BILL TO BE ENTITLED

AN ACT

relating to statutory authority to reduce appropriations made by 
the legislature to certain governmental entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Notwithstanding any statute to the contrary, the 
legislature, in its discretion, may determine the amount of each 
appropriation of state funds.  The amounts required by statute for 
entities that receive state funds under Article V of the General 
Appropriations Act may be reduced or eliminated in order to achieve 
a balanced budget.
	SECTION 2.  Chapter 2102, Government Code, is amended by 
adding Section 2102.0041 to read as follows:
	Sec. 2102.0041.  EXEMPTION.  Notwithstanding Section 
2102.004, this chapter does not apply to the Criminal Justice 
Policy Council.
	SECTION 3.  The adjutant general's department shall reduce 
expenditures by instituting measures necessary to receive as much 
federal funding as possible while implementing cost-saving 
measures.
	SECTION 4.  Section 5.50(b), Alcoholic Beverage Code, is 
amended to read as follows:
	(b)  The commission may not increase or decrease a fee set by 
this code, but if a statute is enacted creating a certificate, 
permit, or license and there is no fee established, the commission 
by rule may set a fee.  The commission by rule shall assess and 
collect annual surcharges from all holders of a certificate, 
permit, or license issued by the commission in addition to any fee 
set by this code.  [The surcharges shall be set at a level so that 
the anticipated total of all fees collected by the commission for a 
fiscal year and all surcharges for a fiscal year are equal to the 
legislative appropriation to the commission for the regulation of 
alcoholic beverages.]  In assessing a surcharge, the commission may 
not overly penalize any segment of the alcoholic beverage industry 
or impose an undue hardship on small businesses.
	SECTION 5.  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.