82R1798 JE-D

By: Burnam H.B. No. 466

A BILL TO BE ENTITLED

AN ACT

relating to the authority to enter into certain agreements relating to the Texas Enterprise Fund, the Texas emerging technology fund, or certain trust funds for sporting and non-sporting events and the money in those funds.

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

SECTION 1. (a) Notwithstanding any other law, the governor may not enter into an agreement to award a grant from the Texas Enterprise Fund under Section 481.078, Government Code, after August 31, 2011, and before September 1, 2015.

(b) Subsection (a) of this section does not affect the validity of any agreement between the governor and a grant recipient or entity to be awarded a grant entered into under Section 481.078, Government Code, before the effective date of this Act.

(c) On the effective date of this Act, the unspent and unencumbered money in the Texas Enterprise Fund is available in the general revenue fund and may be used in accordance with legislative appropriation.

(d) On or after the effective date of this Act, if money in the Texas Enterprise Fund is unspent but encumbered because it has been awarded or otherwise obligated by agreement before the effective date of this Act but under the terms of the award or agreement will not be distributed until a future time, the money shall be distributed in accordance with the terms of the award or agreement. If the governor determines that the money will not be distributed in accordance with the terms of the award or agreement, the governor shall certify that fact to the comptroller. On that certification, the comptroller shall make that money available in the general revenue fund to be used in accordance with legislative appropriation. This subsection expires August 31, 2015.

SECTION 2. (a) Notwithstanding any other law, the governor may not enter into an agreement to make an award under Chapter 490, Government Code, after August 31, 2011, and before September 1, 2015.

(b) Subsection (a) of this section does not affect the validity of any agreement between the governor and an award recipient or a person or entity to be awarded money entered into under Chapter 490, Government Code, before the effective date of this Act.

(c) On the effective date of this Act, the unspent and unencumbered money in the Texas emerging technology fund is available in the general revenue fund and may be used in accordance with legislative appropriation.

(d) On or after the effective date of this Act, if money in the Texas emerging technology fund is unspent but encumbered because it has been awarded or otherwise obligated by agreement before the effective date of this Act but under the terms of the award or agreement will not be distributed until a future time, the money shall be distributed in accordance with the terms of the award or agreement. If the governor determines that the money will not be distributed in accordance with the terms of the award or agreement, the governor shall certify that fact to the comptroller. On that certification, the comptroller shall make that money available in the general revenue fund to be used in accordance with legislative appropriation. This subsection expires August 31, 2015.

(e) After the effective date of this Act, any royalties, revenues, and other financial benefits realized from a project undertaken with money from the Texas emerging technology fund, as provided by a contract entered into under Section 490.103, Government Code, shall be deposited into the general revenue fund. This subsection expires August 31, 2015.

SECTION 3. (a) Notwithstanding any other law, the Economic Development and Tourism division of the governor's office, an endorsing county, an endorsing municipality, or a local organizing committee, as those terms are defined by Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), may not enter into a games support contract or event support contract after August 31, 2011, and before September 1, 2015, that obligates the state, county, or municipality to support an event with revenue from a fund established under that chapter.

(b) Subsection (a) of this section does not affect the validity of a games support contract or event support contract entered into before the effective date of this Act.

(c) No revenue may be deposited after August 31, 2011, and before September 1, 2015, into a fund established under Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes), that is not related to a games support contract or event support contract entered into before the effective date of this Act.

(d) In this section, "event support contract" and "games support contract" have the meanings assigned those terms by Chapter 1507 (S.B. 456), Acts of the 76th Legislature, Regular Session, 1999 (Article 5190.14, Vernon's Texas Civil Statutes).

SECTION 4. Section 204.123(a), Labor Code, is amended to read as follows:

(a) If, on September 1 of a year, the commission determines that the amount in the compensation fund will exceed 100 percent of its floor as computed under Section 204.061 on the next October 1 computation date, the commission shall transfer from the holding fund created under Section 204.122:

(1) from the first $160 million deposited in the holding fund in any state fiscal biennium:

(A) during the state fiscal biennium ending August 31, 2013, and during the state fiscal biennium ending August 31, 2015, 100 [2007:

[(i) 67 percent to the Texas Enterprise Fund created under Section 481.078, Government Code, except that the amount transferred under this paragraph may not exceed the amount appropriated by the legislature to the Texas Enterprise Fund in that biennium; and

[(ii) 33] percent to the skills development fund created under Section 303.003, except that the amount transferred under this paragraph may not exceed the amount appropriated by the legislature to the skills development program strategies and activities in that biennium; and

(B) during any state fiscal biennium beginning on or after September 1, 2015 [2007]:

(i) 75 percent to the Texas Enterprise Fund created under Section 481.078, Government Code, except that the amount transferred under this paragraph may not exceed the amount appropriated by the legislature to the Texas Enterprise Fund in that biennium; and

(ii) 25 percent to the skills development fund created under Section 303.003, except that the amount transferred under this paragraph may not exceed the amount appropriated by the legislature to the skills development program strategies and activities in that biennium; and

(2) any remaining amount in the holding fund after the distribution under Subdivision (1) to the training stabilization fund created under Section 302.101.

SECTION 5. Section 302.101, Labor Code, is amended by adding Subsection (e) to read as follows:

(e) Notwithstanding Subsections (b) and (c), money in the training stabilization fund may not be used or transferred to the Texas Enterprise Fund. The money may be transferred to the skills development fund in an amount that does not exceed the amounts appropriated to the skills development program strategies and activities in the fiscal year in which the transfer is made. This subsection expires August 31, 2015.

SECTION 6. This Act takes effect September 1, 2011.