2003S0341-1 02/20/03


By:  Bivins                                                       S.B. No. 1865


A BILL TO BE ENTITLED

AN ACT

relating to the delay or deferral of certain payments and transfers 
by the comptroller of public accounts.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter E, Chapter 42, Education Code, is 
amended by adding Section 42.2595 to read as follows:
	Sec. 42.2595.  CERTAIN FOUNDATION SCHOOL FUND TRANSFERS 
DELAY.  (a)  Notwithstanding the requirements of Section 
42.259(c)(8), payment from the foundation school fund to each 
category 2 school district for August 2005 shall be 15 percent of 
the yearly entitlement of the district, which shall be paid in one 
sum after September 5, 2005, but not later than September 10, 2005.
	(b)  Notwithstanding the requirements of Section 
42.259(d)(3), payment from the foundation school fund to each 
category 3 school district for August 2005 shall be 20 percent of 
the yearly entitlement of the district, which shall be paid in one 
sum after September 5, 2005, but not later than September 10, 2005.
	(c)  This section expires September 15, 2005.                           
	SECTION 2.  Subchapter F, Chapter 403, Government Code, is 
amended by adding Section 403.0931 to read as follows:
	Sec. 403.0931.  DELAY IN ALLOCATION.  (a)  Notwithstanding 
the requirements of Section 403.093(c), the comptroller may not 
make monthly payments from the general revenue fund to the state 
contribution account of the trust fund for the Teacher Retirement 
System of Texas during the months of June, July, and August, 2005.  
Not later than September 5, 2005, the comptroller shall allocate 
and deposit the monthly payments deferred by this section.
	(b)  Payments deferred under Subsection (a) may not include 
any payments necessary for the program identified as TRS-Care for 
which state contributions are identified under Section 1575.202, 
Insurance Code.
	(c)  For each month in which any portion of payments deferred 
under this section remains unpaid, the comptroller shall transfer 
to the state contribution account of the trust fund for the Teacher 
Retirement System of Texas from other amounts in the general 
revenue fund an amount certified by the Teacher Retirement System 
of Texas that is based on the greater of an annual rate 
of     percent or the rate of yield that would have been earned on 
the unpaid deferred amount if monthly contributions to the Teacher 
Retirement System of Texas had been made as provided by Section 
403.093(c) for that month and for each previous month of the fiscal 
year in which the payments have been deferred as provided by this 
section and the funds from the contributions had been invested.
	(d)  This section expires October 1, 2005.                              
	SECTION 3.  Subchapter E, Chapter 815, Government Code, is 
amended by adding Section 815.4035 to read as follows:
	Sec. 815.4035.  DELAY IN ALLOCATION.  (a)  Notwithstanding 
the requirements of Section 815.403(e), the comptroller may not 
make monthly payments from any fund or account to the state 
accumulation account of the trust fund for the retirement system 
during August 2005 except as provided by Subsection (b).  On 
September 5, 2005, the comptroller shall allocate and deposit the 
monthly payment deferred by this section.
	(b)  For each month in which any portion of a payment 
deferred under this section remains unpaid, the comptroller shall 
transfer to the state accumulation account of the trust fund for the 
retirement system from the general revenue fund an amount certified 
by the retirement system that is equal to the greater of an annual 
rate of     percent of the unpaid deferred amount or the rate of 
yield that would have been earned on the unpaid deferred amount if 
monthly contributions to the retirement system had been made as 
provided by Section 815.403(e) for that month and for each previous 
month of the fiscal year in which the payments have been deferred as 
provided by this section and the funds from the contributions had 
been invested.
	(c)  This section expires October 1, 2005.                              
	SECTION 4.  Subchapter F, Chapter 153, Tax Code, is amended 
by adding Section 153.5015 to read as follows:
	Sec. 153.5015.  DELAY IN ALLOCATION OF TAXES.  
(a)  Notwithstanding any other law, the comptroller shall allocate 
and deposit as soon as practicable after September 5, 2005, but not 
later than September 10, 2005:
		(1)  the unclaimed refunds of gasoline taxes under 
Section 153.502 for June, July, and August, 2005;
		(2)  the gasoline taxes collected under Subchapter B 
for June, July, and August, 2005;
		(3)  the diesel fuel taxes collected under Subchapter C 
for June, July, and August, 2005; and
		(4)  the liquefied gas taxes collected under Subchapter 
D for June, July, and August, 2005.
	(b)  This section expires October 1, 2005.