81R9339 SMH-F
 
  By: West S.B. No. 1288
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the floodplain management account.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 16.3161, Water Code, is amended to read
  as follows:
         Sec. 16.3161.  FLOODPLAIN MANAGEMENT FUND [ACCOUNT].  
  (a)  The floodplain management fund [account] is a special fund in
  the state treasury outside the general revenue fund.  The fund is
  composed of:
               (1)  money deposited to the credit of the fund
  [account] under Section 251.004, Insurance Code;
               (2)  money directly appropriated to the board; [and]
               (3)  money from gifts or grants from the United States
  government, local or regional governments, private sources, or
  other sources; and
               (4)  interest earned on money credited to the fund.
         (b)  The fund [account] shall be administered by the board in
  accordance with this section.
         (c)  The board may use the fund [account] to fund the
  performance of the board's functions under Section 16.316.
         (d)  The board may invest, reinvest, and direct the
  investment of any available money in the fund [account] as provided
  by law for the investment of money under Section 404.024,
  Government Code.
         (e)  Section 403.095, Government Code, does not apply to the
  fund.
         SECTION 2.  Section 251.004(b), Insurance Code, is amended
  to read as follows:
         (b)  Each state fiscal year, the comptroller shall
  reallocate to the floodplain management fund [account] established
  under Section 16.3161, Water Code, the first $3.05 million of the
  maintenance taxes collected under Chapter 252 and deposited in the
  general revenue fund.
         SECTION 3.  The floodplain management account established
  under Section 16.3161, Water Code, is redesignated as the
  floodplain management fund and re-created by this Act as a special
  fund in the state treasury outside the general revenue fund, and the
  revenue required by Section 251.004, Insurance Code, and Section
  16.3161, Water Code, to be reallocated to or deposited in the fund,
  as applicable, is required by this Act to be reallocated to or
  deposited in the fund for the purposes specified by Section
  16.3161.
         SECTION 4.  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 September 1, 2009.