78R8725 JJT-D
By: Bivins S.B. No. 1863
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. GENERAL AUTHORITY. 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 VI of the General Appropriations Act may be reduced or
eliminated in order to achieve a balanced budget.
SECTION 2. TEXAS ANIMAL HEALTH COMMISSION. (a) The Texas
Animal Health Commission shall reduce its expenditures of state
money related to regulating equine riding stables.
(b) Chapter 2053, Occupations Code, is repealed.
SECTION 3. GENERAL LAND OFFICE. (a) The General Land
Office shall reduce its expenditures of state money related to its
trustee program and coastal erosion control.
(b) Section 40.151(e), Natural Resources Code, is amended
to read as follows:
(e) When the balance of the fund reaches $40 [$25] million,
income on the investment, in an amount not to exceed $5 million,
shall be transferred to the Railroad Commission of Texas for the
oil-field cleanup fund. Income on the investment of that $40 [$25]
million in excess of $5 million shall be credited to the fund.
(c) Section 40.152, Natural Resources Code, is amended to
read as follows:
Sec. 40.152. USE OF FUND. [(a)] Money in the fund may be
disbursed for the following purposes [and no others]:
(1) administrative expenses, personnel and training
expenses, and equipment maintenance and operating costs related to
implementation and enforcement of this chapter;
(2) response costs related to abatement and
containment of actual or threatened unauthorized discharges of oil
incidental to unauthorized discharges of hazardous substances;
(3) response costs and damages related to actual or
threatened unauthorized discharges of oil;
(4) assessment, restoration, rehabilitation, or
replacement of or mitigation of damage to natural resources damaged
by an unauthorized discharge of oil;
(5) in an amount not to exceed $50,000 annually, the
small spill education program;
(6) in an amount not to exceed $1,250,000 annually,
interagency contracts under Section 40.302;
(7) the purchase of response equipment under Section
40.105 within two years of the effective date of this chapter, in an
amount not to exceed $4 million; thereafter, for the purchase of
equipment to replace equipment that is worn or obsolete;
(8) an inventory under Section 40.107, to be completed
by September 1, 1995, in an amount not to exceed $6 million;
(9) other costs and damages authorized by this
chapter; and
(10) in an amount not to exceed the interest accruing
to the fund annually, erosion response projects under Subchapter H,
Chapter 33.
[(b) There is hereby appropriated from the fund to the
General Land Office, subject to this section, the amounts specified
for the purposes of Subdivisions (5) and (6) of Subsection (a) of
this section, $2.5 million for administrative costs under this
chapter for the two-year period beginning with the effective date
of this chapter, and the actual amounts necessary to pay response
costs and damages as provided in this chapter.]
SECTION 4. PARKS AND WILDLIFE DEPARTMENT. (a) The Parks
and Wildlife Department shall reduce its expenditures by reducing
the amounts of state money used for local park grants.
(b) Section 11.035(b), Parks and Wildlife Code, is amended
to read as follows:
(b) The department shall deposit to the credit of the state
parks account all revenue, less allowable costs, received from the
following sources:
(1) grants or operation of concessions in state parks
or fishing piers;
(2) publications on state parks, state historic sites,
or state scientific areas;
(3) fines or penalties received from violations of
regulations governing parks issued pursuant to Subchapter B,
Chapter 13, of this code;
(4) fees and revenue collected under Section 11.027(b)
or (c) of this code that are associated with state park lands; and
(5) [$1,125,000 per month and 40 percent of the amount
above $27 million per year of credits made to the department under
Section 151.801, Tax Code; and
[(6)] any other source provided by law.
(c) Section 24.003, Parks and Wildlife Code, is amended to
read as follows:
Sec. 24.003. ACCOUNT REVENUE SOURCE. The department shall
deposit to the credit of the Texas recreation and parks account
amounts as[:
[(1) $1,125,000 per month and 40 percent of the amount
above $27 million per year of credits made to the department under
Section 151.801, Tax Code; or
[(2) any other source] authorized by law.
(d) Section 151.801(c), Tax Code, is amended to read as
follows:
(c) The proceeds from the collection of the taxes imposed by
this chapter on the sale, storage, or use of sporting goods shall be
[deposited as follows:
[(1) For the period beginning September 1, 1993, and
ending August 31, 1995, an amount equal to 50 cents per 1,000
cigarettes shall be deposited to the credit of the general revenue
fund, state parks account, and an amount equal to 50 cents per 1,000
cigarettes shall be deposited to the credit of the general revenue
fund, Texas recreation and parks account, and the balance shall be
retained in the general revenue fund.
[(2) Beginning September 1, 1995, the taxes collected
shall be] credited to the Parks and Wildlife Department [and
deposited as specified in the Parks and Wildlife Code. The
comptroller shall not credit in excess of $32 million in sporting
goods tax revenue annually to the Parks and Wildlife Department].
SECTION 5. RAILROAD COMMISSION OF TEXAS. The Railroad
Commission of Texas shall reduce its expenditures of state money
by:
(1) combining its oil spill response functions with
those of the General Land Office;
(2) imposing user fees and operations fees on
railroads in this state for use in rail safety programs adopted by
the Railroad Commission of Texas; and
(3) imposing pipeline safety fees on pipeline
consumers and operators to be used for pipeline safety programs
adopted by the Railroad Commission of Texas.
SECTION 6. 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.