83R31854 JJT-D
 
  By: Otto H.R. No. 3094
 
 
R E S O L U T I O N
 
         BE IT RESOLVED by the House of Representatives of the State of
  Texas, 83rd Legislature, Regular Session, 2013, That House Rule 13,
  Section 9(a), be suspended in part as provided by House Rule 13,
  Section 9(f), to enable the conference committee appointed to
  resolve the differences on House Bill 6 (relating to the creation
  and re-creation of funds and accounts, the dedication and
  rededication of revenue, and the exemption of unappropriated money
  from use for general governmental purposes) to consider and take
  action on the following matters:
         (1)  House Rule 13, Section 9(a)(2), is suspended to permit
  the committee to omit text not in disagreement in proposed Section 2
  of the bill to read as follows:
         SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
  Except as otherwise specifically provided by this Act, all funds
  and accounts created or re-created by an Act of the 83rd
  Legislature, Regular Session, 2013, that becomes law and all
  dedications or rededications of revenue collected by a state agency
  for a particular purpose by an Act of the 83rd Legislature, Regular
  Session, 2013, that becomes law are abolished on the later of August
  31, 2013, or the date the Act creating or re-creating the fund or
  account or dedicating or rededicating revenue takes effect.
         Explanation:  The omission is necessary to clarify that
  Section 2 of the bill applies to a dedication of revenue
  irrespective of whether the revenue collected is in the state
  treasury.
         (2)  House Rule 13, Section 9(a)(3), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed Sections 11(5)-(10)
  of the bill to read as follows:
               (5)  the dedication of fee revenue collected under
  Section 91.0115, Natural Resources Code, for deposit to the oil and
  gas regulation and cleanup fund as provided by House Bill No. 7 or
  similar legislation;
               (6)  the dedication of tax revenue imposed under
  Chapter 171, Tax Code, for deposit to the property tax relief fund
  as provided by Section 171.664 of that code, as added by House Bill
  No. 800 or similar legislation;
               (7)  the allocation of tax revenue for deposit to the
  credit of the available school fund and to the credit of the state
  highway fund as provided by Section 162.506, Tax Code, as added by
  House Bill No. 2148 or similar legislation;
               (8)  the dedication of amounts for deposit to the
  compensation to victims of crime fund as provided by Section
  140.012, Civil Practice and Remedies Code, as added by House Bill
  No. 3241 or similar legislation;
               (9)  the dedication of fees and court costs for deposit
  to the statewide electronic filing system fund as provided by
  Section 51.851, Government Code, as added by House Bill No. 2302 or
  similar legislation; and
               (10)  the allocation of money received by the attorney
  general as provided by Section 402.007, Government Code, as amended
  by House Bill No. 1445 or similar legislation.
         Explanation: This addition is necessary to provide for
  Section 2 of the bill not to abolish the identified dedications of
  revenue.
         (3)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed Sections 12(a)(3),
  (a)(4), and (b) of the bill to read as follows:
               (3)  the habitat protection and research fund held
  inside the treasury as provided by Section 490F.404, Government
  Code, as added by House Bill No. 3509 or similar legislation; and
               (4)  the transportation infrastructure fund created in
  the state treasury by Section 256.102, Transportation Code, as
  added by Senate Bill No. 1747 or similar legislation.
         (b)  Section 2 of this Act does not apply to the State Water
  Implementation Fund for Texas or to the State Water Implementation
  Revenue Fund for Texas in the state treasury as established by House
  Bill No. 4 of the 83rd Legislature, Regular Session, 2013, to
  implement the creation of those funds by the constitutional
  amendment proposed by Senate Joint Resolution No. 1, 83rd
  Legislature, Regular Session, 2013, except that those funds are not
  created if the voters do not approve of that constitutional
  amendment at an election held November 5, 2013.
         Explanation: This addition is necessary to provide for
  Section 2 of the bill not to abolish the identified funds.
         (4)  House Rule 13, Sections 9(a)(1) and (2), are suspended
  to permit the committee to change and omit text not in disagreement
  in proposed Section 15 of the bill, in amended Section 403.095(b),
  Government Code, as follows:
         (b)  Notwithstanding any law dedicating or setting aside
  revenue for a particular purpose or entity, dedicated revenues
  that[,] on August 31, 2015 [2013], are estimated to exceed the
  amount appropriated by the General Appropriations Act or other laws
  enacted by the 83rd [82nd] Legislature are available for general
  governmental purposes and are considered available for the purpose
  of certification under Section 403.121.
         Explanation: The changes and omissions are necessary to
  provide for unappropriated dedicated revenues to be made available
  for general governmental purposes and to be considered available
  for certification under Section 403.121, Government Code.
         (5)  House Rule 13, Section 9(a)(4), is suspended to permit
  the committee to add text on a matter not included in either the
  house or senate version of the bill in proposed Sections 8, 9, 10,
  13, and 14 of the bill to read as follows:
         SECTION 8.  CREATION OF NEW ACCOUNTS FOR LICENSE PLATE FEES.
  Section 2 of this Act does not apply to a new account created for
  receipt of fees for special license plates or for receipt of related
  revenue, gifts, or grants as provided by an Act of the 83rd
  Legislature, Regular Session, 2013, or to the dedication of revenue
  to or contained in the new account.
         SECTION 9.  ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS,
  OR REVENUE.  Section 2 of this Act does not apply to a newly
  authorized dedication of or use of a dedicated fund, a dedicated
  account, or dedicated revenue as provided by an Act of the 83rd
  Legislature, Regular Session, 2013, to the extent that Act affects
  a fund, an account, or revenue that was exempted from funds
  consolidation before January 1, 2013.  A dedicated fund, a
  dedicated account, or dedicated revenue that was exempted from
  funds consolidation before January 1, 2013, may be used as an Act of
  the 83rd Legislature, Regular Session, 2013, provides, and a change
  in the name or authorized use of a previously exempted dedicated
  fund or account does not affect the fund's or account's dedicated
  nature.
         SECTION 10.  ACCOUNTS IN GENERAL REVENUE FUND. Effective on
  the later of the effective date of the Act creating the account or
  August 31, 2013, the following account and the revenue deposited to
  the credit of the account are exempt from Section 2 of this Act and
  the account is created in the general revenue fund, if created by an
  Act of the 83rd Legislature, Regular Session, 2013, that becomes
  law:
               The statewide electronic filing system fund created as
  an account in the general revenue fund by Section 51.852,
  Government Code, as added by House Bill No. 2302 or similar
  legislation.
         SECTION 13.  MONEY TRANSFERRED ON DISSOLUTION OF TEXAS
  HEALTH INSURANCE POOL; ACCOUNT.  Section 2 of this Act does not
  apply to the account created in the Texas Treasury Safekeeping
  Trust Company for the purposes of Section 6 of Senate Bill No. 1367
  or similar legislation of the 83rd Legislature, Regular Session,
  2013, and does not apply to the revenue dedicated for deposit to
  that account.
         SECTION 14.  DEDICATION OF ASSESSMENTS AND FEES RELATING TO
  EXAMINATION OF INSURERS.  Section 2 of this Act does not apply to
  the dedication of assessments or fee revenue under Section 401.156,
  Insurance Code, as provided by Senate Bill No. 1665 or similar
  legislation of the 83rd Legislature, Regular Session, 2013.
         Explanation: These additions are necessary to provide for
  Section 2 of the bill not to abolish additional uses of funds,
  accounts, or revenue and not to abolish the identified accounts and
  dedications of revenue.
         (6)  House Rule 13, Sections 9(a)(1) and (4), are suspended
  to permit the committee to change text not in disagreement and to
  add text on a matter not included in either the house or senate
  version of the bill in Sections 16(a) and (b) of the bill as
  follows:
         SECTION 16.  EFFECT OF ACT. (a)  This Act prevails over any
  other Act of the 83rd Legislature, Regular Session, 2013,
  regardless of the relative dates of enactment, that purports to
  create or re-create a special fund or account or to dedicate or
  rededicate revenue to a particular purpose, including any fund,
  account, or revenue dedication abolished under former Section
  403.094, Government Code.
         (b)  An exemption from the application of Section 403.095,
  Government Code, contained in another Act of the 83rd Legislature,
  Regular Session, 2013, that is exempted from the application of
  Section 2 of this Act has no effect.
         Explanation: The changes and additions are necessary to
  clarify the effect of the bill.
  Suspending limitations on conference committee jurisdiction, H.B.
  No. 6.