H.B. No. 3378
AN ACT
relating to granting statutory authority to certain governmental
entities to reduce certain expenditures and to the operation of
certain funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. BALANCED BUDGET AUTHORITY
SECTION 1.01. AUTHORITY. The amounts required by statute
for entities that receive state funds under Article VIII of the
General Appropriations Act may be reduced or eliminated in order to
achieve a balanced budget.
ARTICLE 2. CONFORMING AMENDMENTS
SECTION 2.01. TEXAS WORKERS' COMPENSATION COMMISSION.
Section 403.006(a), Labor Code, is amended to read as follows:
(a) The subsequent injury fund is a dedicated general
revenue account [special fund] in the state treasury.
SECTION 2.02. PUBLIC UTILITIES COMMISSION. Section
39.903(a), Utilities Code, as amended by Chapters 1394 and 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 [that may be appropriated only for the purposes
provided by this section]. Interest earned on the system benefit
fund shall be credited to the fund. [The system benefit fund is
created as a trust fund with the comptroller in the state treasury.]
SECTION 2.03. TEXAS DEPARTMENT OF BANKING. (a) Section
342.201(f), Finance Code, is amended to read as follows:
(f) A loan contract under this subchapter may provide for an
administrative fee in an amount not to exceed $25 for a loan of more
than $1,000 or $20 for a loan of $1,000 or less. The administrative
fee is considered earned when the loan is made or refinanced and is
not subject to refund. A lender refinancing the loan may not
contract for or receive an administrative fee for the loan more than
once in any 180-day period, except that if the loan has an interest
charge authorized by Subsection (e) the lender may not contract for
or receive the administrative fee more than once in any 365-day
period. One dollar of each administrative fee may [shall] be
deposited with the comptroller for use in carrying out the finance
commission's responsibilities under Section 11.3055 [11.305].
(b) Section 342.308(c), Finance Code, is amended to read as
follows:
(c) An administrative fee under Subsection (a)(9) is
considered earned when the loan is made or refinanced and is not
subject to refund. A lender refinancing the loan may not contract
for or receive an administrative fee for the loan more than once in
any 180-day period. Fifty cents of each administrative fee may
[shall] be deposited with the comptroller for use in carrying out
the finance commission's responsibilities under Section 11.3055
[11.305].
(c) Sections 11.305(a) and (b), Finance Code, as amended by
Chapter 867, Acts of the 77th Legislature, Regular Session, 2001,
are redesignated as Section 11.3055, Finance Code, and reenacted to
read as follows:
Sec. 11.3055. FINANCIAL SERVICES STUDY. (a) The finance
commission may [shall] assign the banking commissioner, savings and
loan commissioner, or consumer credit commissioner to conduct
research on:
(1) the availability, quality, and prices of financial
services, including lending and depository services, offered in
this state to agricultural businesses, small businesses, and
individual consumers in this state; and
(2) the practices of business entities in this state
that provide financial services to agricultural businesses, small
businesses, and individual consumers in this state.
(b) The banking commissioner, savings and loan
commissioner, or consumer credit commissioner may:
(1) apply for and receive public and private grants
and gifts to conduct the research authorized by this section; and
(2) contract with public and private entities to carry
out studies and analyses under this section.
SECTION 2.04. TEXAS DEPARTMENT OF INSURANCE. Section
802.055, Insurance Code, as effective June 1, 2003, is amended to
read as follows:
Sec. 802.055. COSTS PAID BY INSURANCE COMPANY. [(a)] An
insurance company shall pay all [the] costs of preparing and
furnishing to the National Association of Insurance Commissioners
the information required under Section 802.052, including any
related filing fees.
[(b) Except as provided by Subsection (a), costs relating to
providing the information required under Section 802.052 may not be
assessed against an insurance company.]
ARTICLE 3. EFFECTIVE DATE
SECTION 3.01. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3378 was passed by the House on May
10, 2003, by the following vote: Yeas 131, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3378 on May 30, 2003, by the following vote: Yeas 142, Nays 0,
4 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3378 was passed by the Senate, with
amendments, on May 28, 2003, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor