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2003S0646-1 03/13/03


By:  Bivins                                                       S.B. No. 1870


A BILL TO BE ENTITLED

AN ACT

relating to the transfer of available funds between funds managed 
by or in the custody of the comptroller of public accounts for the 
purpose of managing the cash flow of the general revenue fund; 
making an appropriation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subsections (a) and (b), Section 403.092, 
Government Code, are amended to read as follows:
	(a)  To allow efficient management of the cash flow of the 
general revenue fund and to avoid a temporary cash deficiency in 
that fund, the comptroller may transfer available [surplus] cash, 
except constitutionally dedicated revenues, between funds that are 
managed by or in the custody of the comptroller [state treasury].  
As soon as practicable, the comptroller shall return the available 
[surplus] cash to the fund from which it was transferred.  The 
comptroller shall preserve the [fund] equity of the fund from which 
the cash was transferred and [shall] allocate earned [the 
depository] interest as if the transfer had not been made.
	(b)  If the comptroller submits a statement under Article 
III, Section 49a, of the Texas Constitution when available 
[surplus] cash transferred under Subsection (a) is in the general 
revenue fund, the comptroller shall indicate in that statement that 
the transferred available [surplus] cash is in the general revenue 
fund, is a liability of that fund, and is not available for 
appropriation by the legislature.
	SECTION 2.  (a)  Except as provided in Subsection (c) of 
this section, for the fiscal year ending August 31, 2003, the 
comptroller of public accounts appropriated from the general 
revenue fund the amount needed to return any available cash that was 
transferred to that fund from a fund outside the state treasury and 
to maintain the equity of the fund from which the transfer was made, 
as required by Section 403.092, Government Code, as amended by this 
Act.
	(b)  For the fiscal biennium beginning September 1, 2003, the 
comptroller of public accounts is appropriated from the general 
revenue fund the amount needed to return any available cash that was 
transferred to that fund from a fund outside the state treasury and 
to maintain the equity of the fund from which the transfer was made, 
as required by Section 403.092, Government Code, as amended by this 
Act.
	(c)  Subsection (a) of this section has no effect if this Act 
does not take effect immediately.
	SECTION 3.  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.