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A BILL TO BE ENTITLED
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AN ACT
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relating to the funds consolidation process and the use of state |
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revenue dedicated by law for a particular purpose. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 403.095(b), (d), and (e), Government |
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Code, are amended to read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues |
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that, on August 31, 2011 [2009], are estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the 81st [80th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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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 81st [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 subsection does |
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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, 2011 [2009]. |
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SECTION 2. (a) It is the intent of the legislature that: |
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(1) revenue dedicated by law for a particular purpose |
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or entity should be expended in accordance with the law dedicating |
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the revenue; |
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(2) the amendment of Section 403.095, Government Code, |
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by this Act to provide that Section 403.095 expires September 1, |
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2011, is the final extension of the expiration date of Section |
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403.095 and is made solely to allow for an orderly transition in the |
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management of state funds; and |
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(3) Section 403.095, Government Code, should finally |
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expire on September 1, 2011. |
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(b) The comptroller of public accounts shall, in the |
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comptroller's statement under Section 49a, Article III, Texas |
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Constitution, to the 82nd Legislature on its convening, include an |
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itemized estimate of the anticipated revenue based on the laws then |
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in effect that will be received by and for the state from all |
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sources on the assumption that Section 403.095, Government Code, |
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will be allowed to finally expire September 1, 2011. The estimate |
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must show the fund accounts to be credited during the succeeding |
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biennium based on that assumption. |
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SECTION 3. Subchapter D, Chapter 316, Government Code, is |
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repealed. |
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SECTION 4. This Act takes effect September 1, 2009. |