By: Luna (Senate Sponsor - Bivins) H.B. No. 3318
(In the Senate - Received from the House May 12, 2003;
May 12, 2003, read first time and referred to Committee on Finance;
May 26, 2003, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 11, Nays 0; May 26, 2003,
sent to printer.)
COMMITTEE SUBSTITUTE FOR H.B. No. 3318 By: Bivins
A BILL TO BE ENTITLED
AN ACT
relating to the creation and re-creation of funds and accounts in
the state treasury, the allocation of revenue, 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 any provision of this Act that
does not amend current law, "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. SYSTEM BENEFIT FUND. (a) Section 39.903(a),
Utilities Code, as amended by Section 3, Chapter 1394, and Section
19(a), Chapter 1466, Acts of the 77th Legislature, Regular Session,
2001, is reenacted and amended to read as follows:
(a) The system benefit fund is an account in the general
revenue fund. Money in the account [that] may be appropriated only
for the purposes provided by this section or other law. Interest
earned on the system benefit fund shall be credited to the fund.
Section 403.095, Government Code, does not apply to the system
benefit fund.
(b) On the effective date of this Act, the system benefit
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 5. SUBSEQUENT INJURY FUND. (a) Section
403.006(a), Labor Code, is amended to read as follows:
(a) The subsequent injury fund is an account in the general
revenue fund. Money in the account may be appropriated only for the
purposes of this section or as provided by other law. Section
403.095, Government Code, does not apply to the subsequent injury
fund [a special fund in the state treasury].
(b) On the effective date of this Act, the subsequent injury
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 6. TERTIARY CARE ACCOUNT. The tertiary care
account is re-created by this Act. Money in the account and money
required by law to be put in the account is rededicated for the
purposes provided by Chapter 46, Health and Safety Code. The
account and money put in the account are exempt from Section 2 of
this Act.
SECTION 7. LICENSE PLATES. The following funds, accounts,
and dedications of revenue are exempt from Section 2 of this Act if
created by an Act of the 78th Legislature, Regular Session, 2003,
that becomes law:
(1) the specialty license plate account created by
Senate Bill No. 1704 and revenue dedicated by that bill; and
(2) the specialty license plate fund created by House
Bill No. 3106 and revenue dedicated by that bill.
SECTION 8. 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 9. TRUST FUNDS. 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 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. RAINY DAY FUND ACCOUNTS. Section 2 of this Act
does not apply to any accounts created in the economic
stabilization fund by H.B. No. 2, H.B. No. 3323, H.B. No. 3548, or
S.B. No. 1771, Acts of the 78th Legislature, Regular Session, 2003,
and does not apply to any related dedication of revenue, if one of
those bills or similar legislation becomes law.
SECTION 13. STATE PRESERVATION BOARD. Sections 2 and 9 of
this Act do not apply to the capitol trust fund, the capitol
account, the capital renewal account, and the museum account, as
created or re-created by H.B. No. 3441 or S.B. No. 1866, Acts of the
78th Legislature, Regular Session, 2003, if one of those bills or
similar legislation becomes law, and do not apply to revenue
dedicated to that fund or any of those accounts.
SECTION 14. TEXAS EMISSIONS REDUCTION. Section 2 of this
Act does not apply to the Texas emissions reduction plan fund and
does not apply to revenue dedicated to that fund by H.B. No. 1365,
Acts of the 78th Legislature, Regular Session, 2003, if that bill or
similar legislation becomes law.
SECTION 15. RURAL WATER ASSISTANCE. Section 2 of this Act
does not apply to the rural water assistance fund or the water
infrastructure fund created or re-created in the state treasury by
H.B. No. 1875 or S.B. No. 967, Acts of the 78th Legislature,
Regular Session, 2003, if one of those bills or similar legislation
becomes law, and does not apply to revenue dedicated to either fund.
SECTION 16. ECONOMIC DEVELOPMENT. Sections 2 and 9 of this
Act do not apply to any fund or account created or re-created by
S.B. No. 275, S.B. No. 659, or H.B. No. 1233, Acts of the 78th
Legislature, Regular Session, 2003, if any of those bills become
law, and do not apply to any revenue dedicated by any of those Acts.
SECTION 17. TEXAS ENTERPRISE FUND. Section 2 of this Act
does not apply to the Texas enterprise fund created by H.B. No. 2,
H.B. No. 3323, H.B. No. 3548, or S.B. No. 1771, Acts of the 78th
Legislature, Regular Session, 2003, and does not apply to any
related dedication of revenue, if one of those bills or similar
legislation becomes law.
SECTION 18. SPORTS EVENTS TRUST FUND. Sections 2 and 9 of
this Act do not apply to the Other Events trust fund or to revenue
dedicated to any of those funds, created by an Act of the 78th
Legislature, Regular Session, 2003, that amends Chapter 1507, Acts
of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
Vernon's Texas Civil Statutes).
SECTION 19. PROSECUTOR SUPPLEMENT FUND. Section 2 of this
Act does not apply to the felony prosecutor supplement fund created
by H.B. No. 1940, Acts of the 78th Legislature, Regular Session,
2003, if that bill or similar legislation becomes law, and does not
apply to revenue dedicated to that fund.
SECTION 20. TRAVEL SERVICES CONTRACTS. The municipality
airline fares account in the general revenue fund created by H.B.
No. 1061 or S.B. No. 304, Acts of the 78th Legislature, Regular
Session, 2003, if either bill or similar legislation creating the
account becomes law, is exempt from Section 2 of this Act, and
Section 2 of this Act does not apply to the dedication of revenue to
that account made by that legislation.
SECTION 21. DRY CLEANING FACILITY RELEASE FUND. Section 2
of this Act does not apply to the dry cleaning facility release fund
account created by H.B. No. 1366 or S.B. No. 799 or other similar
legislation of the 78th Legislature, Regular Session, 2003, that
becomes law, and does not apply to the revenue dedicated to or
deposited in that account.
SECTION 22. HIGHWAY TAX AND REVENUE ANTICIPATION NOTE FUND.
The highway tax and revenue anticipation note fund created by H.B.
No. 471, Acts of the 78th Legislature, Regular Session, 2003, if
that bill or similar legislation creating the fund becomes law, is
exempt from Section 2 of this Act, and Section 2 of this Act does not
apply to the dedication of revenue to that fund made by that
legislation.
SECTION 23. OPERATING PERMIT FEES ACCOUNT. The operating
permit fees account created by H.B. No. 1481, Acts of the 78th
Legislature, Regular Session, 2003, if that bill or similar
legislation creating the account becomes law, is exempt from
Section 2 of this Act, and Section 2 of this Act does not apply to
the dedication of revenue to that account made by that legislation.
The account is created as an account in the general revenue fund.
SECTION 24. ELECTION IMPROVEMENT FUND. The election
improvement fund created as a dedicated account in the general
revenue fund by H.B. No. 1549, Acts of the 78th Legislature, Regular
Session, 2003, if that bill or similar legislation creating the
account becomes law, is exempt from Section 2 of this Act, and
Section 2 of this Act does not apply to the dedication of revenue to
that account made by that legislation.
SECTION 25. TAX ADMINISTRATION FUND. The tax administration
fund created by H.B. No. 2458, Acts of the 78th Legislature, Regular
Session, 2003, if that bill or similar legislation creating the
fund becomes law, is exempt from Section 2 of this Act, and Section
2 of this Act does not apply to the dedication of revenue to that
fund made by that legislation.
SECTION 26. MOTOR VEHICLE INSURANCE AND PROOF OF FINANCIAL
RESPONSIBILITY. Any fund or account created by S.B. No. 422 or H.B.
No. 1809, Acts of the 78th Legislature, Regular Session, 2003, if
either bill or similar legislation becomes law, is exempt from
Section 2 of this Act, and Section 2 of this Act does not apply to
any dedication of revenue made by that legislation.
SECTION 27. FUND FOR EMERGENCY MEDICAL SERVICES, TRAUMA
FACILITIES, AND TRAUMA CARE SYSTEMS. The fund for emergency
medical services, trauma facilities, and trauma care systems
created as an account in the general revenue fund by S.B. No. 1131,
Acts of the 78th Legislature, Regular Session, 2003, if that bill or
similar legislation creating the account becomes law, is exempt
from Section 2 of this Act, and Section 2 of this Act does not apply
to the dedication of revenue to that account made by that
legislation.
SECTION 28. STATE PARKS ACCOUNT. Section 2 of this Act does
not apply to the dedication of revenue to the state parks account
made by S.B. No. 1158 or H.B. No. 2351 or similar legislation if
either of those bills or similar legislation becomes law.
SECTION 29. PERPETUAL CARE ACCOUNT. The perpetual care
account created or re-created as an account in the general revenue
fund by H.B. No. 1567, Acts of the 78th Legislature, Regular
Session, 2003, if that bill or similar legislation creating or
re-creating the account becomes law, is exempt from Section 2 of
this Act, and Section 2 of this Act does not apply to any dedication
or rededication of revenue to that account made by that
legislation.
SECTION 30. TEXAS B-ON-TIME ACCOUNT. The Texas B-On-Time
student loan account created as an account in the general revenue
fund by S.B. No. 4 or S.B. No. 1952, if either bill or similar
legislation creating the account becomes law, is exempt from
Section 2 of this Act, and Section 2 of this Act does not apply to
any dedication of revenue to that account made by that legislation.
SECTION 31. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
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 78th [77th] 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 78th [77th]
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 32. TRANSFER OF BALANCES. Any balances in the
system benefits fund, subsequent injury fund, or any other existing
local, trust, or dedicated fund that is re-created as an account in
the general revenue fund by this Act shall be transferred to the
appropriate general revenue account on the effective date of this
Act.
SECTION 33. EFFECT OF ACT. (a) This Act prevails over any
other Act of 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 34. 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 September 1, 2003.
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