83R7908 JJT-D

By: Davis S.B. No. 936

A BILL TO BE ENTITLED

AN ACT

relating to the availability and use of certain statutorily dedicated revenues and accounts.

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

SECTION 1. Chapter 322, Government Code, is amended by adding Section 322.024 to read as follows:

Sec. 322.024. REDUCTION OF RELIANCE ON AVAILABLE DEDICATED REVENUES FOR BUDGET CERTIFICATION. (a) In this section, "available dedicated revenues" means revenues that Section 403.095(b) or (b-1) makes available for certification under Section 403.121.

(b) The board shall:

(1) develop and implement a process to review:

(A) new legislative enactments that create dedicated revenues; and

(B) the appropriation and accumulation of dedicated revenues and available dedicated revenues;

(2) develop and implement tools to evaluate the use of available dedicated revenues for state government financing and budgeting; and

(3) develop specific and detailed recommendations on actions the legislature may reasonably take to reduce state government's reliance on available dedicated revenues for the purposes of certification under Section 403.121 as authorized by Section 403.095.

(c) The board shall incorporate into the board's budget recommendations appropriate measures to reduce state government's reliance on available dedicated revenues for the purposes of certification under Section 403.121 as authorized by Section 403.095.

(d) The board shall consult the comptroller as necessary to accomplish the objectives of Subsections (b) and (c).

SECTION 2. Effective September 1, 2023, Section 322.024(a), Government Code, as added by this Act, is amended to read as follows:

(a) In this section, "available dedicated revenues" means revenues that Section 403.095(b) [or (b-1)] makes available for certification under Section 403.121.

SECTION 3. Section 403.095, Government Code, is amended by amending Subsections (b), (d), and (e) and adding Subsection (b-1) to read as follows:

(b) Notwithstanding any law dedicating or setting aside revenue for a particular purpose or entity, an amount of dedicated revenues, not to exceed $1 billion, that [,] on August 31 of an odd-numbered year is [, 2013, are] estimated to exceed the amount appropriated by the General Appropriations Act or other laws enacted by the legislature is [82nd Legislature are] available for general governmental purposes and is [are] considered available for the purpose of certification under Section 403.121.

(b-1) Notwithstanding the limitation provided by Subsection (b), the amount of dedicated revenues described by that subsection that on August 31 of an odd-numbered year is estimated to exceed the amount appropriated by the General Appropriations Act or other laws enacted by the legislature is considered available for general governmental purposes and for the purpose of the certification under Section 403.121 in an amount not to exceed:

(1) $5 billion for the fiscal biennium ending August 31, 2015;

(2) $4 billion for the fiscal biennium ending August 31, 2017;

(3) $3 billion for the fiscal biennium ending August 31, 2019; and

(4) $2 billion for the fiscal biennium ending August 31, 2021.

(d) Following certification of the General Appropriations Act and other appropriations measures enacted by the legislature [82nd Legislature], the comptroller shall reduce each dedicated account as directed by the legislature by an amount that may not exceed the amount by which estimated revenues and unobligated balances exceed appropriations. The reductions may be made in the amounts and at the times necessary for cash flow considerations to allow all the dedicated accounts to maintain adequate cash balances to transact routine business. The legislature may authorize, in the General Appropriations Act, the temporary delay of the excess balance reduction required under this subsection. This subsection does not apply to revenues or balances in:

(1) funds outside the treasury;

(2) trust funds, which for purposes of this section include funds that may or are required to be used in whole or in part for the acquisition, development, construction, or maintenance of state and local government infrastructures, recreational facilities, or natural resource conservation facilities;

(3) funds created by the constitution or a court; or

(4) funds for which separate accounting is required by federal law.

(e) This subsection and Subsection (b-1) expire [section expires on] September 1, 2023 [2013].

SECTION 4. Subchapter F, Chapter 403, Government Code, is amended by adding Section 403.0956 to read as follows:

Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN DEDICATED REVENUE. Notwithstanding any other law, all interest or other earnings that accrue on all revenue held in an account in the general revenue fund any part of which Section 403.095 makes available for certification under Section 403.121 are available for any general governmental purpose, and the comptroller shall deposit the interest and earnings to the credit of the general revenue fund. This section does not apply to interest or earnings on revenue deposited in accordance with Section 51.008, Education Code.

SECTION 5. Except as otherwise provided by this Act:

(1) this Act takes effect immediately if this Act receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution; and

(2) 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.