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