79R18660 JJT-D
By: Ogden S.B. No. 1605
Substitute the following for S.B. No. 1605:
By: Chisum C.S.S.B. No. 1605
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 Subsection (h), Section 403.094, 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) all accounts created or re-created by House Bill
No. 2 or similar legislation;
(2) all accounts created or re-created by House Bill
No. 3 or similar legislation;
(3) all accounts created or re-created by House Bill
No. 3540 or similar legislation;
(4) all accounts created or re-created by Senate Bill
No. 1863 or similar legislation; and
(5) the Texas emerging technology fund created by
House Bill No. 1765, Senate Bill No. 831, or similar legislation.
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 or in the custody of the comptroller of public
accounts 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) all funds created or re-created by House Bill No. 2
or similar legislation;
(2) all funds created or re-created by House Bill No. 3
or similar legislation; and
(3) the employment and training investment holding
fund created by Senate Bill No. 1096 or similar legislation.
SECTION 6. REVENUE DEDICATIONS EXEMPT. Effective on the
later of August 29, 2005, or the date the Act dedicating or
rededicating the revenue takes effect, the following dedications or
rededications of revenue collected by a state agency for a
particular purpose are exempt from Section 2 of this Act, if
dedicated or rededicated by an Act of the 79th Legislature, Regular
Session, 2005, that becomes law:
(1) all dedications or rededications of revenue to the
Judicial Fund 0573 as provided by Senate Bill No. 368;
(2) all dedications or rededications of revenue made
by House Bill No. 2 or similar legislation;
(3) all dedications or rededications of revenue made
by House Bill No. 3 or similar legislation;
(4) all dedications or rededications of revenue made
by House Bill No. 3540 or similar legislation;
(5) all dedications or rededications of revenue made
by Senate Bill No. 1863 or similar legislation;
(6) all dedications or rededications of revenue to the
State Highway Fund 0006;
(7) all dedications or rededications of revenue to the
Game, Fish, and Water Safety Account 0009;
(8) all dedications or rededications of revenue to the
Texas Department of Insurance Operating Account 0036;
(9) all dedications or rededications of revenue to the
Clean Air Account 0151 as provided by House Bill No. 1611 or similar
legislation;
(10) all dedications or rededications of revenue to
the Coastal Protection Account 0027 as provided by House Bill No.
2096 or similar legislation;
(11) all dedications or rededications of revenue to
the Water Resource Management Account 0153 as provided by House
Bill No. 2428 or similar legislation; and
(12) all dedications or rededications of revenue to
the Unemployment Compensation Special Administration Account 0165
as provided by House Bill No. 3250 or similar legislation.
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 of public accounts 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 of public
accounts 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:
(1) all funds created or re-created by House Bill No.
3540 or similar legislation; and
(2) all funds created or re-created by Senate Bill No.
1863 or similar legislation.
SECTION 12. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2005, Subsections (b), (d), and (e), Section
403.095, 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. LICENSE PLATE FEES. Any dedication of revenue
that consists of fees collected from the sale of motor vehicle
license plates that are authorized by an Act of the 79th
Legislature, Regular Session, 2005, that becomes law is exempt from
Section 2 of this Act, and any fund or account created or re-created
in connection with that revenue by operation of the Act authorizing
the license plates is exempt from Section 2 of this Act.
SECTION 14. 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 undedicated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
SECTION 15. 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.