By: Duncan S.B. No. 2567

(In the Senate - Filed April 29, 2009; April 29, 2009, read first time and referred to Committee on Finance; May 5, 2009, reported favorably by the following vote: Yeas 8, Nays 0; May 5, 2009, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to state fiscal matters.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 403, Government Code, is amended by adding Section 403.0122 to read as follows:

Sec. 403.0122. DEPOSIT OF AMERICAN RECOVERY AND REINVESTMENT ACT FUNDS. (a) The American Recovery and Reinvestment Act fund (ARRA fund) is created as a special fund in the state treasury outside the general revenue fund. Notwithstanding any state law to the contrary and except as otherwise provided by federal law, state agencies that receive money under the American Recovery and Reinvestment Act of 2009 (Pub. L. No. 111-5) (ARRA) shall deposit such money in the ARRA fund as the comptroller determines is necessary to hold and account for ARRA funds.

(b) Additional funds may be deposited into the ARRA fund as appropriated by the legislature, required by federal law, or as the comptroller determines is necessary to account for ARRA related funds. Funds deposited into the ARRA fund may only be used for the purposes identified in the ARRA to stimulate the economy, including aid for unemployment, welfare, education, health, and infrastructure.

(c) Agencies shall transfer amounts between the ARRA fund and other accounts and funds as the comptroller determines is necessary to properly account for ARRA funds. This section does not affect the authority of the comptroller to establish and use accounts necessary to manage and account for revenues and expenditures.

(d) Interest earned on funds deposited into the ARRA fund is exempt from Section 404.071, and shall be retained in the fund.

(e) The comptroller may issue guidelines for state agencies regarding the implementation of the provisions of this section.

SECTION 2. Subsection (d), Section 403.0551, Government Code, is amended to read as follows:

(d) This section does not authorize the comptroller to deduct the amount of a state employee's indebtedness to a state agency from any amount of compensation owed by the agency to the employee, the employee's successor, or the assignee of the employee or successor. In this subsection, "compensation" has the meaning assigned by Section 403.055, and ["compensation,"] "indebtedness," "state agency," "state employee," and "successor" have the meanings assigned by Section 666.001.

SECTION 3. Subsection (a), Section 661.062, Government Code, is amended to read as follows:

(a) A state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment and who resigns, is dismissed, or otherwise separates from state employment by a state agency other than an institution of higher education is entitled to be paid for the accrued balance of the employee's vacation time as of the date of separation, if the individual is not reemployed by the state in a position under which the employee accrues vacation leave for one calendar month [during the 30-day period] immediately following the date of separation from state employment. A state employee who, at any time during the employee's lifetime, has accrued six months of continuous state employment and who resigns, is dismissed, or otherwise separates from state employment by an institution of higher education is entitled to be paid for the accrued balance of the employee's vacation time as of the date of separation.

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 on the 91st day after the last day of the legislative session.

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