81R357 JRD-D | ||
By: Watson | S.B. No. 736 |
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relating to the funds consolidation process and the use of state | ||
revenue dedicated by law for a particular purpose. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. 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, 2011 [ |
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 81st [ |
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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 81st [ |
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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, 2011 [ |
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SECTION 2. (a) It is the intent of the legislature that: | ||
(1) revenue dedicated by law for a particular purpose | ||
or entity should be expended in accordance with the law dedicating | ||
the revenue; | ||
(2) the amendment of Section 403.095, Government Code, | ||
by this Act to provide that Section 403.095 expires September 1, | ||
2011, is the final extension of the expiration date of Section | ||
403.095 and is made solely to allow for an orderly transition in the | ||
management of state funds; and | ||
(3) Section 403.095, Government Code, should finally | ||
expire on September 1, 2011. | ||
(b) The comptroller of public accounts shall, in the | ||
comptroller's statement under Section 49a, Article III, Texas | ||
Constitution, to the 82nd Legislature on its convening, include an | ||
itemized estimate of the anticipated revenue based on the laws then | ||
in effect that will be received by and for the state from all | ||
sources on the assumption that Section 403.095, Government Code, | ||
will be allowed to finally expire September 1, 2011. The estimate | ||
must show the fund accounts to be credited during the succeeding | ||
biennium based on that assumption. | ||
SECTION 3. Subchapter D, Chapter 316, Government Code, is | ||
repealed. | ||
SECTION 4. This Act takes effect September 1, 2009. |