78R8724 GWK-D

By:  Bivins                                                       S.B. No. 1864


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.