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A BILL TO BE ENTITLED
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AN ACT
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relating to ensuring that at least 75 percent of dedicated revenues |
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are spent for the purpose of the dedication. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 316.033, Government Code, is amended to |
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read as follows: |
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Sec. 316.033. FUNDS EXCLUDED. This subchapter applies to |
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funds established by state law, but does not apply to: |
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(1) any portion of a fund derived from |
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[constitutionally] dedicated revenues; or |
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(2) [to] funds or fund balances that are: |
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(A) [(1)] dedicated by the Texas Constitution or |
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by statute; |
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(B) [(2)] held in trust or escrow for the benefit |
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of any person or entity other than a state agency; |
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(C) [(3)] pledged to the payment of bonds, notes, |
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or other debts; |
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(D) [(4)] derived from gifts, donations, or |
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endowments made to state agencies or institutions of higher |
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education; |
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(E) [(5)] pledged to the capital trust fund to be |
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used for construction; or |
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(F) [(6)] maintained by institutions of higher |
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education, including the Texas State Technical College System. |
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SECTION 2. Section 403.095, Government Code, is amended to |
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read as follows: |
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Sec. 403.095. USE OF DEDICATED REVENUE. (a) Revenue that |
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has been set aside by law for a particular purpose or entity, other |
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than any portion of the revenue that is available for general |
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governmental purposes as provided by Subsection (b), is available |
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only for that purpose or entity [to the extent money is appropriated
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for that purpose or entity]. Expenditures made in furtherance of |
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the dedicated purpose or entity shall be made from money received |
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from the dedicated revenue source to the extent those funds are |
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available [appropriated]. |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, an amount equal to the |
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lesser of either 25 percent of the dedicated revenues from a tax, |
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fee, or other source or the amount by which dedicated revenues |
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received from the revenue source [that, on August 31, 2009,] are |
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estimated to exceed the amount of dedicated revenues appropriated |
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by the legislature for the dedicated purpose from the revenue |
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source for a state fiscal biennium is [General Appropriations Act
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or other laws enacted by the 80th Legislature are] available for |
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general governmental purposes on the last day of the state fiscal |
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biennium and [are] considered available for the purpose of |
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certification under Section 403.121. The availability of the |
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revenue for general governmental purposes under this subsection |
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expires on the first day of the succeeding state fiscal biennium. |
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(c) The comptroller shall develop accounting and revenue |
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estimating procedures so that each dedicated account maintained in |
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the general revenue fund can be separately identified as to |
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balances of cash and other assets and the amounts of revenues and |
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expenditures and appropriations for each fiscal year. |
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(d) [Following certification of the General Appropriations
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Act and other appropriations measures enacted by the 80th
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Legislature, the comptroller shall reduce each dedicated account as
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directed by the legislature by an amount that may not exceed the
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amount by which estimated revenues and unobligated balances exceed
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appropriations. The reductions may be made in the amounts and at
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the times necessary for cash flow considerations to allow all the
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dedicated accounts to maintain adequate cash balances to transact
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routine business. The legislature may authorize, in the General
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Appropriations Act, the temporary delay of the excess balance
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reduction required under this subsection.] This section |
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[subsection] does not apply to revenues or balances in: |
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(1) funds outside the treasury; |
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(2) trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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(3) funds created by the constitution or a court; or |
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(4) funds for which separate accounting is required by |
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federal law. |
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[(e) This section expires on September 1, 2009.] |
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SECTION 3. Section 316.032, Government Code, is repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |