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79R3844 JJT-D
By: Luna H.B. No. 2884
A BILL TO BE ENTITLED
AN ACT
relating to the creation and re-creation of funds and accounts in
the state treasury, the dedication and rededication of revenue, and
the exemption of unappropriated money from use for general
governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In any provision of this Act that
does not amend current law, "state agency" means an office,
institution, or other agency that is in the executive branch of
state government, has authority that is not limited to a
geographical portion of the state, and was created by the
constitution or a statute of this state. The term does not include
an institution of higher education as defined by Section 61.003,
Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created in the state treasury by an Act
of the 79th Legislature, Regular Session, 2005, that becomes law
and all dedications or rededications of revenue in the state
treasury or otherwise collected by a state agency for a particular
purpose by an Act of the 79th Legislature, Regular Session, 2005,
that becomes law are abolished on the later of August 29, 2005, or
the date the Act creating or re-creating the fund or account or
dedicating or rededicating revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 79th Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Section 403.094(h), Government Code, at the time
dedications, accounts, and funds were abolished under that
provision;
(3) increases in fees or in other revenue dedicated as
described by this section; or
(4) increases in fees or in other revenue required to
be deposited in a fund or account described by this section.
SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of August 29, 2005, or the date the Act creating or
re-creating the account takes effect, the following accounts and
the revenue deposited to the credit of the accounts are exempt from
Section 2 of this Act and are created in the general revenue fund,
if created or re-created by an Act of the 79th Legislature, Regular
Session, 2005, that becomes law:
(1) Quality Assurance Account No. 5080.
SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective on the later
of August 29, 2005, or the date the Act creating or re-creating the
fund takes effect, the following funds in the state treasury or
funds otherwise with the comptroller are re-created as accounts in
the general revenue fund and the accounts and the revenue deposited
to the credit of the accounts are exempt from Section 2 of this Act,
if created or re-created by an Act of the 79th Legislature, Regular
Session, 2005, that becomes law:
(1) Felony Prosecutor Supplement Fund No. 303;
(2) Water Assistance Fund No. 480;
(3) Judicial and Court Personnel Training Fund No.
540; and
(4) Judicial Fund No. 573.
SECTION 6. REVENUE DEDICATION. Effective on the later of
August 29, 2005, or the date the Act dedicating or rededicating the
revenue takes effect, the following dedication or rededication of
revenue collected by a state agency for a particular purpose is
exempt from Section 2 of this Act, if dedicated or rededicated by an
Act of the 79th Legislature, Regular Session, 2005, that becomes
law:
SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created pursuant to an Act of the 79th Legislature,
Regular Session, 2005, for which separate accounting is required by
federal law, except that the funds shall be deposited in accounts in
the general revenue fund unless otherwise required by federal law.
SECTION 8. TRUST FUNDS. Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 79th Legislature, Regular Session,
2005, except that the trust funds shall be held in the state
treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 9. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the
79th Legislature, Regular Session, 2005, except that the funds
shall be held in the state treasury, with the comptroller in trust,
or outside the state treasury with the comptroller's approval.
SECTION 10. CONSTITUTIONAL FUNDS. Section 2 of this Act
does not apply to funds or accounts that would be created or
re-created by the Texas Constitution or revenue that would be
dedicated or rededicated by the Texas Constitution under a
constitutional amendment proposed by the 79th Legislature, Regular
Session, 2005, or to dedicated revenue deposited to funds or
accounts that would be so created or re-created, if the
constitutional amendment is approved by the voters.
SECTION 11. SEPARATE FUNDS IN THE TREASURY. Effective
September 1, 2005, the following funds in the state treasury and the
revenue deposited to the credit of the funds are exempt from Section
2 of this Act and are created as separate funds in the state
treasury, if created by an Act of the 79th Legislature, Regular
Session, 2005, that becomes law:
SECTION 12. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2005, Sections 403.095(b), (d), and (e),
Government Code, are amended to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues
that, on August 31, 2007 [2005], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 79th [78th] Legislature are available for general
governmental purposes and are considered available for the purpose
of certification under Section 403.121.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the 79th [78th]
Legislature, the comptroller shall reduce each dedicated account as
directed by the legislature by an amount that may not exceed the
amount by which estimated revenues and unobligated balances exceed
appropriations. The reductions may be made in the amounts and at
the times necessary for cash flow considerations to allow all the
dedicated accounts to maintain adequate cash balances to transact
routine business. The legislature may authorize, in the General
Appropriations Act, the temporary delay of the excess balance
reduction required under this subsection. This subsection does not
apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in part
for the acquisition, development, construction, or maintenance of
state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(e) This section expires on September 1, 2007 [2005].
SECTION 13. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 79th Legislature, Regular Session, 2005,
regardless of the relative dates of enactment, that purports to
create or re-create a special fund or account in the state treasury
or to dedicate or rededicate revenue to a particular purpose,
including any fund, account, or revenue dedication abolished under
former Section 403.094, Government Code.
(b) Revenues that, under the terms of another Act of the
79th Legislature, Regular Session, 2005, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the unobligated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
SECTION 14. 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 on the 91st day after the
last day of the legislative session.