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A BILL TO BE ENTITLED
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AN ACT
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relating to the use and management of dedicated funds by the state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Subchapter D, Chapter 316, |
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Government Code, is amended to read as follows: |
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SUBCHAPTER D. RETENTION [APPROPRIATION] OF UNOBLIGATED FUND |
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BALANCES IN [TO GENERAL REVENUE] FUND |
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SECTION 2. Sections 316.031(a) and (b), Government Code, |
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are amended to read as follows: |
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(a) The legislature finds that[, to ensure the efficient
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operation of state agencies and to provide for the necessary costs
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of state government operation,] it is in the public interest to |
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ensure that revenues collected and dedicated for a specific purpose |
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are used exclusively for that purpose [provide a means for periodic
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legislative review and control of unobligated cash balances and
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income held by state agencies in funds other than the general
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revenue fund]. |
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(b) It is the intent of the legislature that: |
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(1) dedicated funds with an unobligated balance at the |
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end of a fiscal year in excess of that amount necessary to fulfill |
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an agency's statutory duties shall be identified within the General |
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Appropriations Act by fund; and |
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(2) the amounts of unobligated actual or projected |
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balances held in those funds in excess of the amounts determined by |
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the legislature to be sufficient to fulfill statutory requirements |
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shall be retained as balances in those funds [appropriated to the
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general revenue fund]. |
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SECTION 3. Section 316.032, Government Code, is amended to |
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read as follows: |
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Sec. 316.032. PROHIBITION ON APPROPRIATION OF UNOBLIGATED |
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FUND BALANCES [CONFLICTING LAWS SUSPENDED]. A [(a)
Any law that
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provides specific purposes for which a fund or revenue source may be
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used and expended and that restricts the use of revenues and
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balances is suspended to the extent that it conflicts with the
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provisions and intent of appropriations made under this subchapter
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in the General Appropriations Act.
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[(b) If the] General Appropriations Act may [does] not |
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provide for the appropriation of unobligated fund balances to the |
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general revenue fund[, any transfer or appropriation of fund
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balances shall occur as specified by law]. |
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SECTION 4. 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 and the Texas Constitution, but does |
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not apply to any portion of a fund derived from constitutionally |
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dedicated revenues or to funds or fund balances that are: |
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(1) [dedicated by the Texas Constitution;
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[(2)] held in trust or escrow for the benefit of any |
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person or entity other than a state agency; |
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(2) [(3)] pledged to the payment of bonds, notes, or |
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other debts; |
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(3) [(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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(4) [(5)] pledged to the capital trust fund to be used |
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for construction; or |
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(5) [(6)] maintained by institutions of higher |
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education, including the Texas State Technical College System. |
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SECTION 5. Sections 403.095(a), (b), and (d), Government |
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Code, are amended to read as follows: |
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(a) Revenue that has been set aside by law for a particular |
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purpose or entity is available only for that purpose or entity [to
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the extent money is appropriated for that purpose or entity]. |
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Expenditures made in furtherance of the dedicated purpose or entity |
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shall be made from money received from the dedicated revenue source |
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to the extent those funds are available [appropriated]. |
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(b) Dedicated [Notwithstanding any law dedicating or
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setting aside revenue for a particular purpose or entity,
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dedicated] revenues that[, on August 31, 2009,] are estimated to |
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exceed the amount appropriated by the General Appropriations Act or |
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other laws [enacted by the 80th Legislature] are not available for |
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general governmental purposes and are not considered available for |
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the purpose of certification under Section 403.121. |
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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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SECTION 6. Sections 316.031(c) and 403.095(e), Government |
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Code, are repealed. |
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SECTION 7. This Act takes effect September 1, 2009. |