By: Luna H.B. No. 3318
A BILL TO BE ENTITLED
AN ACT
relating to the creation and re-creation of funds and accounts in
the state treasury, the dedication and rededication of revenue, and
the exemption of unappropriated money from use for general
governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In this Act, "state agency" means an
office, institution, or other agency that is in the executive
branch of state government, has authority that is not limited to a
geographical portion of the state, and was created by the
constitution or a statute of this state. The term does not include
an institution of higher education as defined by Section 61.003,
Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created in the state treasury by an Act
of the 78th Legislature, Regular Session, 2003, that becomes law,
and all dedications or rededications of revenue in the state
treasury or otherwise collected by a state agency for a particular
purpose by an Act of the 78th Legislature, Regular Session, 2003,
that becomes law, are abolished on the later of September 1, 2003,
or the date the Act creating or re-creating the fund or account or
dedicating or rededicating revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 78th Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Section 403.094(h), Government Code, at the time
dedications, accounts, and funds were abolished under that
provision;
(3) increases in fees or in other revenue dedicated as
described by this section; or
(4) increases in fees or in other revenue required to
be deposited in a fund or account described by this section.
SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective
September 1, 2003, the following accounts and the revenue deposited
to the credit of the accounts are exempt from Section 2 of this Act
and are created in the general revenue fund, if created or
re-created by an Act of the 78th Legislature, Regular Session,
2003, that becomes law:
SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective September
1, 2003, the following funds in the state treasury or funds
otherwise with the comptroller are re-created as accounts in the
general revenue fund and the accounts and the revenue deposited to
the credit of the accounts are exempt from Section 2 of this Act, if
created or re-created by an Act of the 78th Legislature, Regular
Session, 2003, that becomes law:
SECTION 6. REVENUE DEDICATION. Effective September 1,
2003, the following dedication of revenue collected by a state
agency for a particular purpose is exempt from Section 2 of this
Act, if dedicated by an Act of the 78th Legislature, Regular
Session, 2003, that becomes law:
SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created pursuant to an Act of the 78th Legislature,
Regular Session, 2003, for which separate accounting is required by
federal law, except that the funds shall be deposited in accounts in
the general revenue fund unless otherwise required by federal law.
SECTION 8. TRUST FUNDS. (a) Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 78th Legislature, Regular Session,
2003, except that the trust funds shall be held in the state
treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 9. TELECOMMUNICATIONS INFRASTRUCTURE FUND. (a)
Section 57.043(a), Utilities Code, is amended read as follows:
(a) The telecommunications infrastructure fund is an
account in the general revenue fund. The telecommunications
infrastructure fund account is composed of the public schools
account and the qualifying entities account. Section 403.095,
Government Code, does not apply to the telecommunications
infrastructure fund account or to the accounts that compose the
fund account.
(b) Effective September 1, 2003, the telecommunications
infrastructure fund is re-created as an account in the general
revenue fund, and the account and the revenue deposited to the
credit of the account are exempt from Section 2 of this Act.
SECTION 10. BOND FUNDS. Section 2 of this Act does not
apply to bond funds and pledged funds created or affected by an Act
of the 78th Legislature, Regular Session, 2003, except that the
funds shall be held in the state treasury, with the comptroller in
trust, or outside the state treasury with the comptroller's
approval.
SECTION 11. CONSTITUTIONAL FUNDS. Section 2 of this Act
does not apply to funds or accounts that would be created or
re-created in the Texas Constitution or revenue that would be
dedicated or rededicated by the Texas Constitution under
constitutional amendments proposed by the 78th Legislature,
Regular Session, 2003, or to dedicated revenue deposited to funds
or accounts that would be so created or re-created.
SECTION 12. SEPARATE FUNDS IN THE TREASURY. Effective
September 1, 2003, the following funds in the state treasury and the
revenue deposited to the credit of the funds are exempt from Section
2 of this Act and are created as separate funds in the state
treasury, if created by an Act of the 78th Legislature, Regular
Session, 2003, that becomes law.
SECTION 13. Subchapter F, Chapter 502, Transportation Code,
is amended by adding Section 502.2737 to read as follows:
Sec. 502.2737. TEXAS STATE RIFLE ASSOCIATION LICENSE
PLATES. If the department issues Texas State Rifle Association
license plates under Section 502.273, the department shall use $8
of the annual fee collected under Section 502.273(e) for each set of
those license plates to defray the cost of issuing the plates. The
remainder of the fee shall be deposited to the credit of an account
in the general revenue fund and may be appropriated only to Texas
A&M University to supplement the scholarship program supported by
the Texas State Rifle Association and to provide scholarships for
students who participate in the Reserve Officers Training Corps
program.
SECTION 14. AMENDMENT. Effective September 1, 2003,
Sections 403.095(b), (d), and (e), Government Code, are amended to
read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues
that, on August 31, 2005 [2003], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 79th [78th] Legislature are available for general
governmental purposes and are considered available for the purpose
of certification under Section 403.121.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the 79th [78th]
Legislature, the comptroller shall reduce each dedicated account as
directed by the legislature by an amount that may not exceed the
amount by which estimated revenues and unobligated balances exceed
appropriations. The reductions may be made in the amounts and at
the times necessary for cash flow considerations to allow all the
dedicated accounts to maintain adequate cash balances to transact
routine business. The legislature may authorize, in the General
Appropriations Act, the temporary delay of the excess balance
reduction required under this subsection. This subsection does not
apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in part
for the acquisition, development, construction, or maintenance of
state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(e) This section expires on September 1, 2005 [2003].
SECTION 15. FUNDS OUTSIDE THE TREASURY. Section 2 of this
Act does not apply to the following funds outside the treasury or to
the dedicated revenue deposited to the credit of the funds, if
created by an Act of the 78th Legislature, Regular Session, 2003,
that becomes law:
SECTION 16. SYSTEM BENEFIT FUND. (a) Sections 39.903(a)
and (e), Utilities Code, are amended to read as follows:
(a) The system benefit fund is created as a trust fund with
the comptroller in the state treasury.
(e) Money in the system benefit fund may be appropriated to
provide funding solely for the following regulatory purposes:
(1) programs to assist low-income electric customers
provided by Subsections (f)-(l);
(2) customer education programs; and
(3) the school funding loss mechanism provided by
Section 39.901.
(b) The system benefit fund is re-created by this Act as a
trust fund with the comptroller in the state treasury. Section 2 of
this Act does not apply to the fund or to revenue dedicated to the
fund.
SECTION 17. HOLDING FUND. (a) Section 204.122, Labor Code,
is amended to read as follows:
Sec. 204.122. HOLDING FUND. (a) The holding fund is a
dedicated account in the general revenue fund.
(b) The comptroller shall administer the holding fund in
accordance with the directions of the commission, subject to
legislative appropriations of money in the fund. Interest accruing
on amounts in the holding fund shall be deposited quarterly to the
credit of the compensation fund.
(b) Effective September 1, 2003, the holding fund is
re-created as an account in the general revenue fund, and the
account and the revenue deposited to the credit of the account are
exempt from Section 2 of this Act.
SECTION 18. EFFECT OF ACT. (a) This Act prevails over any
other Act the 78th Legislature, Regular Session, 2003, regardless
of the relative dates of enactment, that purports to create or
re-create a special fund or account in the state treasury or to
dedicate or rededicate revenue to a particular purpose, including
any fund, account, or revenue dedication abolished under former
Section 403.094, Government Code.
(b) Revenues that, under the terms of another Act of the
78th Legislature, Regular Session, 2003, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the unobligated portion of the general revenue fund, unless the
fund, account, or dedication is exempted under this Act.
SECTION 19. EFFECTIVE DATE. 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 on the 91st day after the
last day of the legislative session for immediate effect, this Act
takes effect September 1, 2003.