INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 102.055,
Business & Commerce Code, is amended to read as follows:
Sec. 102.055. ALLOCATION OF
ADDITIONAL REVENUE. [(a)] The comptroller shall deposit all amounts
received from the fee imposed under this subchapter after the first $25
million in a state fiscal biennium to the credit of the general revenue
fund [in the Texas health opportunity pool established under
Subchapter N, Chapter 531, Government Code. Money deposited in the pool
under this section may be used only to provide health benefits coverage
premium payment assistance to low-income persons through a premium payment
assistance program developed under that subchapter].
[(b) This section takes
effect only if Senate Bill No. 10, Acts of the 80th Legislature, Regular
Session, 2007, becomes law and the Texas health opportunity pool is
established under that Act. If that Act does not become law, or that Act
becomes law but the pool is not established, this section has no effect,
and the revenue is deposited as provided by Section 47.0551.]
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No
equivalent provision.
(But see SECTION 1 below.)
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No
equivalent provision.
(But see SECTION 1 above.)
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SECTION 1. Section 102.054,
Business & Commerce Code, is amended to read as follows:
Sec. 102.054. ALLOCATION OF
CERTAIN REVENUE FOR SEXUAL ASSAULT PROGRAMS. The comptroller shall deposit
the amounts [first $25 million] received from the fee imposed
under this subchapter [in a state fiscal biennium] to the credit of
the sexual assault program fund.
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SECTION 2. Section 21.703,
Education Code, is amended.
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SECTION 2. Same as introduced
version.
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No
equivalent provision.
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SECTION 3. Section 52.91(c),
Education Code, is amended to read as follows:
(c) The board shall repay
bonds issued by the board to fund the Texas B-On-time student loan program
using legislative appropriations and money collected by the board as
repayment for Texas B-On-time student loans awarded by the board. [The
board may use tuition set aside under Section 56.465 to repay bonds issued
by the board for the Texas B-On-time student loan program.] The board
may not use money collected by the board as repayment for student loans
awarded by the board under Subchapter C to repay bonds issued by the board
for the Texas B-On-time student loan program under Section 56.464(b).
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SECTION 3. Section 56.463,
Education Code, is amended by amending Subsection (b) and adding Subsection
(c) to read as follows:
(b) Money in the Texas
B-On-time student loan account may be appropriated [used]
only:
(1) to pay any costs
of the coordinating board related to the operation of the Texas B-On-time
loan program and as otherwise provided by this subchapter; or
(2) to the institutions of
higher education that contribute to the account as provided by Section
56.465 and only for a purpose other than the Texas B-On-time loan program.
(c) Appropriations under
Subsection (b)(2) must be made so that each of the institutions of higher
education receives an amount that is in proportion to the net amount the
institution contributed to the Texas B-On-time student loan account.
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SECTION 4. Section 56.463,
Education Code, is amended to read as follows:
Sec. 56.463. TEXAS B-ON-TIME
STUDENT LOAN ACCOUNT. (a) The Texas
B-On-time student loan account is an account in the general revenue fund. The
account consists of:
(1) gifts and grants and
legislative appropriations received under Section 56.464;[,
tuition set aside under Section 56.465,] and
(2) other money required
by law to be deposited in the account.
(b) Money in the Texas
B-On-time student loan account may be appropriated [used]
only:
(1) to pay any costs
of the coordinating board related to the operation of the Texas B-On-time
loan program and as otherwise provided by this subchapter; or
(2) to the institutions of
higher education that contributed to the account as formerly provided by Section 56.465 and only for a purpose
other than the Texas B-On-time loan program.
(c) Appropriations under
Subsection (b)(2) must be made so that each of the institutions of higher
education receives an amount that is in proportion to the net amount the
institution contributed to the Texas B-On-time student loan account.
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SECTION 4. Section 61.5391(a),
Education Code, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 5. Subchapter B,
Chapter 403, Government Code, is amended.
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SECTION 6. Same as introduced
version.
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No
equivalent provision.
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SECTION 7. Section 403.0956,
Government Code, is amended 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:
(1) interest or earnings on
revenue deposited in accordance with Section 51.008, Education Code;
(2) an account that accrues
interest or other earnings on deposits of state or federal money the
diversion of which is specifically excluded by federal law;
(3) the lifetime license
endowment account; [or]
(4) the game, fish, and water
safety account;
(5) the coastal protection
account; or
(6) the Alamo complex
account.
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SECTION 6. Section
420.008(c), Government Code, is amended to read as follows:
(c) The legislature may
appropriate money deposited to the credit of the fund only to:
(1) the attorney general,
for:
(A) sexual violence awareness
and prevention campaigns;
(B) grants to faith-based
groups, independent school districts, and community action organizations
for programs for the prevention of sexual assault and programs for victims
of human trafficking;
(C) grants for equipment for
sexual assault nurse examiner programs, to support the preceptorship of
future sexual assault nurse examiners, and for the continuing education of
sexual assault nurse examiners;
(D) grants to increase the
level of sexual assault services in this state;
(E) grants to support victim
assistance coordinators;
(F) grants to support
technology in rape crisis centers;
(G) grants to and contracts
with a statewide nonprofit organization exempt from federal income taxation
under Section 501(c)(3), Internal Revenue Code of 1986, having as a primary
purpose ending sexual violence in this state, for programs for the
prevention of sexual violence, outreach programs, and technical assistance
to and support of youth and rape crisis centers working to prevent sexual
violence; and
(H) grants to regional
nonprofit providers of civil legal services to provide legal assistance for
sexual assault victims;
(2) the Department of State
Health Services, to measure the prevalence of sexual assault in this state
and for grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic
Violence and Sexual Assault at The University of Texas at Austin, to
conduct research on all aspects of sexual assault and domestic violence;
(4) Texas State University,
for training and technical assistance to independent school districts for
campus safety;
(5) the office of the
governor, for grants to support sexual assault and human trafficking
prosecution projects;
(6) the department [Department
of Public Safety], to support sexual assault training for commissioned
officers;
(7) the comptroller's
judiciary section, for increasing the capacity of the sex offender civil
commitment program;
(8) the Texas Department of
Criminal Justice:
(A) for pilot projects for
monitoring sex offenders on parole; and
(B) for increasing the number
of adult incarcerated sex offenders receiving treatment;
(9) the Texas Juvenile
Justice Department [Youth Commission], for increasing the number
of incarcerated juvenile sex offenders receiving treatment;
(10) the comptroller, for the
administration of the fee imposed on sexually oriented businesses under
Section 102.052, Business & Commerce Code; [and]
(11) the supreme court, to be
transferred to the Texas [Equal] Access to Justice Foundation, or a
similar entity, to provide victim-related legal services to sexual assault
victims, including legal assistance with protective orders,
relocation-related matters, victim compensation, and actions to secure
privacy protections available to victims under law; and
(12) any state agency or
organization for the purpose of conducting human trafficking enforcement
programs.
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SECTION 8. Section 420.008,
Government Code, is amended by amending Subsection (c) and adding
Subsection (d) to read as follows:
(c) The legislature may
appropriate money deposited to the credit of the fund only to:
(1) the attorney general,
for:
(A) sexual violence awareness
and prevention campaigns;
(B) grants to faith-based
groups, independent school districts, and community action organizations
for programs for the prevention of sexual assault and programs for victims
of human trafficking;
(C) grants for equipment for
sexual assault nurse examiner programs, to support the preceptorship of
future sexual assault nurse examiners, and for the continuing education of
sexual assault nurse examiners;
(D) grants to increase the
level of sexual assault services in this state;
(E) grants to support victim
assistance coordinators;
(F) grants to support
technology in rape crisis centers;
(G) grants to and contracts
with a statewide nonprofit organization exempt from federal income taxation
under Section 501(c)(3), Internal Revenue Code of 1986, having as a primary
purpose ending sexual violence in this state, for programs for the
prevention of sexual violence, outreach programs, and technical assistance
to and support of youth and rape crisis centers working to prevent sexual
violence; [and]
(H) grants to regional nonprofit
providers of civil legal services to provide legal assistance for sexual
assault victims;
(I) grants to prevent sex trafficking and to provide services for
victims of sex trafficking; and
(J) grants to carry out the purpose of this chapter, including
standardizing the quality of services provided, preventing sexual assault,
and improving services to survivors of sexual assault;
(2) the Department of State
Health Services, to measure the prevalence of sexual assault in this state
and for grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic
Violence and Sexual Assault or the
Bureau of Business Research at The University of Texas at
Austin, to conduct research on all aspects of sexual assault and domestic
violence;
(4) Texas State University,
for training and technical assistance to independent school districts for
campus safety;
(5) the office of the
governor, for grants to support sexual assault and human trafficking
prosecution projects;
(6) the department [Department
of Public Safety], to support sexual assault training for commissioned
officers;
(7) the comptroller's
judiciary section, for increasing the capacity of the sex offender civil
commitment program;
(8) the Texas Department of
Criminal Justice:
(A) for pilot projects for
monitoring sex offenders on parole; and
(B) for increasing the number
of adult incarcerated sex offenders receiving treatment;
(9) the Texas Juvenile
Justice Department [Youth Commission], for increasing the number
of incarcerated juvenile sex offenders receiving treatment;
(10) the comptroller, for the
administration of the fee imposed on sexually oriented businesses under
Section 102.052, Business & Commerce Code; [and]
(11) the supreme court, to be
transferred to the Texas [Equal] Access to Justice Foundation, or a
similar entity, to provide victim-related legal services to sexual assault
victims, including legal assistance with protective orders,
relocation-related matters, victim compensation, and actions to secure
privacy protections available to victims under law;
(12) any state agency or
organization for the purpose of conducting human trafficking enforcement
programs; and
(13) any other designated state agency for the purpose of
preventing sexual assault or improving services for victims of sexual
assault.
(d) In making appropriations from the fund, the legislature shall
give priority to appropriations made to the office of the attorney general
for the purposes described by Subsection (c)(1) and to The University of
Texas at Austin for the purposes described by Subsection (c)(3).
Appropriations made from the sexual assault program fund to any other
agency or entity or for any other purpose in a state fiscal biennium may
not exceed 20 percent of the revenue that is anticipated to be deposited in
the fund during that state fiscal biennium, as projected in the biennial
revenue estimate produced by the comptroller.
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SECTION 7. Section 614.104,
Government Code, is amended.
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SECTION 9. Same as introduced
version.
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No
equivalent provision.
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SECTION 10. Section
361.014(a), Health and Safety Code, is amended to read as follows:
(a) Revenue received by the
commission under Section 361.013 shall be deposited in the state treasury
to the credit of the commission. Of that revenue, 66.7 percent is dedicated
to the commission's municipal solid waste permitting programs, enforcement
programs, and site remediation programs, and to pay for activities that
will enhance the state's solid waste management program. The commission
shall issue a biennial report to the legislature describing in detail how
the money was spent. The activities to enhance the state's solid waste
management program may include:
(1) provision of funds for
the municipal solid waste management planning fund and the municipal solid
waste resource recovery applied research and technical assistance fund
established by the Comprehensive Municipal Solid Waste Management, Resource
Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration
projects and studies to help local governments of various populations and
the private sector to convert to accounting systems and set rates that
reflect the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance
to local governments concerning solid waste management;
(4) establishment of a solid
waste resource center in the commission and an office of waste minimization
and recycling;
(5) provision of supplemental
funding to local governments for the enforcement of this chapter, the Texas
Litter Abatement Act (Chapter 365), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide
public awareness program concerning solid waste management;
(7) provision of supplemental
funds for other state agencies with responsibilities concerning solid waste
management, recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to
promote the development and stimulation of markets for recycled waste
products;
(9) creation of a state
municipal solid waste superfund, from funds appropriated, for:
(A) the cleanup of
unauthorized tire dumps and solid waste dumps for which a responsible party
cannot be located or is not immediately financially able to provide the
cleanup;
(B) the cleanup or proper
closure of abandoned or contaminated municipal solid waste sites for which
a responsible party is not immediately financially able to provide the
cleanup; and
(C) remediation, cleanup, and
proper closure of unauthorized recycling sites for which a responsible
party is not immediately financially able to perform the remediation,
cleanup, and closure;
(10) provision of funds to
mitigate the economic and environmental impacts of lead-acid battery
recycling activities on local governments; [and]
(11) provision of funds for
the conduct of research by a public or private entity to assist the state
in developing new technologies and methods to reduce the amount of
municipal waste disposed of in landfills; and
(12) provision of funds
for grants to encourage entities located in an affected county or a
nonattainment area, as defined by Section 386.001, to convert heavy-duty
vehicles used for municipal solid waste collection into vehicles powered by
natural gas engines.
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No
equivalent provision.
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SECTION 11. Section 361.133,
Health and Safety Code, is amended by adding Subsection (c-1) to read as
follows:
(c-1) Notwithstanding
Subsection (c), money in the account attributable to fees imposed under
Section 361.138 may be used for environmental remediation at the site of a
closed battery recycling facility located in the municipal boundaries of a
municipality with a population of greater than 120,000. This subsection
expires September 30, 2016.
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SECTION 8. Section
382.0622(a), Health and Safety Code, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 9. Section
771.071(b), Health and Safety Code, is amended to read as follows:
(b) The amount of the fee may
not exceed 50 cents a month for each line. The commission shall suspend
the fees established under this section for the duration of any state
fiscal biennium for which the unencumbered balance of the 9-1-1 services
fee account and the anticipated revenue to be deposited to the account from
fees on wireless telecommunications connections imposed under Section
771.0711 are sufficient to pay for all of the appropriations from that
account. The commission may reinstate its imposition of the fees under this
section if the commission anticipates that in the next succeeding state
fiscal biennium the unencumbered balance of the 9-1-1 services fee account
will not otherwise be sufficient to pay for all of the appropriations from
that account.
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No
equivalent provision.
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SECTION 10. Sections
771.0711(a) and (b), Health and Safety Code, are amended to read as
follows:
(a) To provide for automatic
number identification and automatic location identification of wireless
9-1-1 calls, the commission shall impose on each wireless
telecommunications connection a 9-1-1 emergency service fee in an amount
determined by the commission to be sufficient, when considered together
with the anticipated revenue from the 9-1-1 emergency service fees imposed
under Section 771.071, to fund all entities in this state that provide
emergency communications services but not more than 50 cents a month for
each connection. A political subdivision may not impose another fee on
a wireless service provider or subscriber for 9-1-1 emergency service.
(b) A wireless service
provider shall collect the fee [in an amount equal to 50 cents a month]
for each wireless telecommunications connection from its subscribers and
shall pay the money collected to the comptroller not later than the 30th
day after the last day of the month during which the fees were collected. The
comptroller may establish alternative dates for payment of fees under this
section. The wireless service provider may retain an administrative fee of
one percent of the amount collected. The comptroller shall deposit the
money from the fees to the credit of the 9-1-1 services fee account. Until
deposited to the credit of the 9-1-1 services fee account as required by
Subsection (c), money the comptroller collects under this subsection
remains in a trust fund with the state treasury.
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No
equivalent provision.
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SECTION 11. The heading to
Section 780.002, Health and Safety Code, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 12. Section
780.003(b), Health and Safety Code, is amended.
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SECTION 14. Same as
introduced version.
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SECTION 13. Section 2007.002,
Insurance Code, is amended.
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SECTION 15. Same as
introduced version.
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No
equivalent provision.
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SECTION 16. Section
81.0521(c), Natural Resources Code, is amended to read as follows:
(c) The [Two-thirds
of the] proceeds from this fee, excluding any penalties collected in
connection with the fee, shall be deposited to the oil and gas regulation
and cleanup fund as provided by Section 81.067.
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No
equivalent provision.
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SECTION 17. Section
81.067(c), Natural Resources Code, is amended to read as follows:
(c) The fund consists of:
(1) proceeds from bonds and
other financial security required by this chapter and benefits under
well-specific plugging insurance policies described by Section 91.104(c)
that are paid to the state as contingent beneficiary of the policies,
subject to the refund provisions of Section 91.1091, if applicable;
(2) private contributions,
including contributions made under Section 89.084;
(3) expenses collected under
Section 89.083;
(4) fees imposed under
Section 85.2021;
(5) costs recovered under
Section 91.457 or 91.459;
(6) proceeds collected under
Sections 89.085 and 91.115;
(7) interest earned on the
funds deposited in the fund;
(8) oil and gas waste hauler
permit application fees collected under Section 29.015, Water Code;
(9) costs recovered under
Section 91.113(f);
(10) hazardous oil and gas
waste generation fees collected under Section 91.605;
(11) oil-field cleanup
regulatory fees on oil collected under Section 81.116;
(12) oil-field cleanup
regulatory fees on gas collected under Section 81.117;
(13) fees for a reissued
certificate collected under Section 91.707;
(14) fees collected under
Section 91.1013;
(15) fees collected under
Section 89.088;
(16) fees collected under
Section 91.142;
(17) fees collected under
Section 91.654;
(18) costs recovered under
Sections 91.656 and 91.657;
(19) [two-thirds of the]
fees collected under Section 81.0521;
(20) fees collected under
Sections 89.024 and 89.026;
(21) legislative
appropriations;
(22) any surcharges collected
under Section 81.070; [and]
(23) fees collected under
Section 91.0115;
(24) money deposited to
the credit of the fund under Section 81.112;
(25) fees collected under
Subchapter B, Chapter 121, Utilities Code; and
(26) fees collected under
Section 27.0321, Water Code.
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No
equivalent provision.
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SECTION 18. Section 81.068,
Natural Resources Code, as amended by Chapters 835 (H.B. 7) and 1075 (H.B.
3309), Acts of the 83rd Legislature, Regular Session, 2013, is reenacted
and amended to read as follows:
Sec. 81.068. PURPOSES OF OIL
AND GAS REGULATION AND CLEANUP FUND. Money in the oil and gas regulation
and cleanup fund may be used by the commission or its employees or agents
for any purpose related to the regulation of oil and gas development,
including oil and gas monitoring and inspections, oil and gas remediation,
and oil and gas well plugging, the study and evaluation of electronic
access to geologic data and surface casing depths necessary to protect
usable groundwater in this state, alternative fuels programs under Section
81.0681, the administration of pipeline safety and regulatory programs,
public information and services related to those activities, and
administrative costs and state benefits for personnel involved in those
activities.
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No
equivalent provision.
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SECTION 19. Section 81.112,
Natural Resources Code, is amended to read as follows:
Sec. 81.112. DISPOSITION OF
TAX PROCEEDS. The tax shall be deposited in the oil and gas regulation
and cleanup fund as provided by Section 81.067 [General Revenue Fund].
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No
equivalent provision.
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SECTION 20. Section
153.0535(b), Occupations Code, is amended to read as follows:
(b) The board shall deposit
each surcharge collected to the credit of the public assurance account. The
public assurance account is an account in the general revenue fund that
shall be appropriated only to the board to pay for the board's licensure
and enforcement programs [program], including the expert
physician panel.
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No
equivalent provision.
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SECTION 21. Sections
201.354(d) and (g), Occupations Code, are amended to read as follows:
(d) A person whose license
has been expired for 90 days or less may renew the license by paying to the
board a renewal fee that is equal to [the sum of] 1-1/2 times the
annual renewal fee set by the board under Section 201.153(a) [and the
increase in that fee required by Section 201.153(b)]. If a person's
license has been expired for more than 90 days but less than one year, the
person may renew the license by paying to the board a renewal fee that is
equal to [the sum of] two times the annual renewal fee set by the
board under Section 201.153(a) [and the increase in that fee required by
Section 201.153(b)].
(g) A person may renew a
license that has been expired for at least one year but not more than three
years if:
(1) the board determines
according to criteria adopted by board rule that the person has shown good
cause for the failure to renew the license; and
(2) the person pays to the
board:
(A) the annual renewal fee
set by the board under Section 201.153(a) for each year in which the
license was expired; and
(B) an additional fee in an
amount equal to the sum of:
(i) the annual renewal fee
set by the board under Section 201.153(a), multiplied by the number of
years the license was expired, prorated for fractional years; and
(ii) two times the annual
renewal fee set by the board under Section 201.153(a)[; and
[(C) the increase in the
annual renewal fee required by Section 201.153(b)].
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No
equivalent provision.
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SECTION 22. Section
351.304(b), Occupations Code, is amended to read as follows:
(b) A person whose license
has been expired for 90 days or less may renew the license by paying to the
board a renewal fee that is equal to [the sum of] one and one-half
times the annual renewal fee set by the board under Section 351.152 [and
the additional fee required by Section 351.153]. If a person's license
has been expired for more than 90 days but less than one year, the person
may renew the license by paying to the board a renewal fee that is equal to
[the sum of] two times the annual renewal fee set by the board under
Section 351.152 [and the additional fee required by Section 351.153].
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No
equivalent provision.
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SECTION 23. Section
351.306(b), Occupations Code, is amended to read as follows:
(b) The person must pay to
the board a fee that is equal to the amount of the renewal fee set
by the board under Section 351.152 [351.153(a)].
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No
equivalent provision.
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SECTION 24. Sections
801.303(b) and (c), Occupations Code, are amended to read as follows:
(b) A person whose license
has been expired for 90 days or less may renew the license by paying to the
board a renewal fee that is equal to [the sum of] 1-1/2 times the
renewal fee set by the board under Section 801.154(a) [and the
additional fee required by Section 801.154(b), if applicable].
(c) A person whose license
has been expired for more than 90 days but less than one year may renew the
license by paying to the board a renewal fee that is equal to [the sum
of] two times the renewal fee set by the board under Section 801.154(a)
[and the additional fee required by Section 801.154(b), if applicable].
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No
equivalent provision.
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SECTION 25. Section
801.305(b), Occupations Code, is amended to read as follows:
(b) The person must pay to
the board a fee that is equal to the amount of the renewal fee set by the
board under Section 801.154(a) [and the additional fee required by
Section 801.154(b)].
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No
equivalent provision.
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SECTION 26. Section
901.155(a), Occupations Code, is amended to read as follows:
(a) The fee for the issuance
or renewal of a license under this chapter consists of:
(1) the amount of the fee set
by the board under Section 901.154; and
(2) [the fee increase
imposed under Section 901.406; and
[(3)] an additional
$10 annual fee to be deposited to the credit of the scholarship trust fund
for fifth-year accounting students.
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No
equivalent provision.
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SECTION 27. Section
901.405(f), Occupations Code, is amended to read as follows:
(f) A person who was licensed
in this state, moved to another state, and is currently licensed and has
been in practice in the other state for the two years preceding the date of
application may obtain a new license without reexamination. A person
described by this subsection whose license has been revoked under Section
901.502(3) or (4) may obtain a new license under this subsection. A person
described by this subsection must pay to the board a fee that is equal to
two times the normally required renewal fee for the license [and is not
subject to additional fees under Section 901.408].
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No
equivalent provision.
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SECTION 28. Section
901.408(a), Occupations Code, is amended to read as follows:
(a) A person, other than a
person described by Section 901.405(f), who fails to pay the license
renewal fee [or the additional fee imposed under Section 901.407, as
applicable,] and any late fee before the first anniversary of the due
date of the renewal fee [or additional fee] may renew the person's
license only by submitting to the board an application for renewal
accompanied by payment of:
(1) all accrued fees,
including late fees; and
(2) the direct administrative
costs incurred by the board in renewing the person's license.
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No
equivalent provision.
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SECTION 29. Sections
1001.353(b) and (c), Occupations Code, are amended to read as follows:
(b) A person whose license
has been expired for 90 days or less may renew the license by paying to the
board the required annual renewal fee and [,] a late renewal
fee [, and any applicable increase in fees as required by Section
1001.206].
(c) A person whose license
has been expired for more than 90 days but less than two years may renew
the license by paying to the board the required annual renewal fee and
[,] a late renewal fee [, and any applicable increase in fees as
required by Section 1001.206] for each delinquent year or part of a
year.
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No
equivalent provision.
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SECTION 30. Section
1001.355(d), Occupations Code, is amended to read as follows:
(d) To return to active
status, a license holder on inactive status must:
(1) file with the board a
written notice requesting reinstatement to active status;
(2) pay the fee for the
annual renewal of the license [and the fee increase required by Section
1001.206]; and
(3) provide evidence
satisfactory to the board that the person has complied with the continuing
education requirements adopted by the board.
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No
equivalent provision.
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SECTION 31. Section
1101.154(a), Occupations Code, is amended to read as follows:
(a) The fee for the issuance
or renewal of a:
(1) broker license is the
amount of the fee set under Section [Sections] 1101.152 [and
1101.153] and an additional $20 fee;
(2) salesperson license is
the amount of the fee set under Section 1101.152 and an additional $20 fee;
and
(3) certificate of
registration is the amount of the fee set under Section 1101.152 and an
additional $20 fee.
|
No
equivalent provision.
|
SECTION 32. Section
1105.003(d), Occupations Code, is amended to read as follows:
(d) All [Except as
provided by Subsection (e), all] fees and funds collected by the
commission or the board and any funds appropriated to the commission or the
board shall be deposited in interest-bearing deposit accounts in the Texas
Treasury Safekeeping Trust Company. The comptroller shall contract with the
commission and the board for the maintenance of the deposit accounts under
terms comparable to a contract between a commercial banking institution and
the institution's customers.
|
SECTION 14. Section 1701.156,
Occupations Code, is amended.
|
SECTION 33. Same as
introduced version.
|
SECTION 15. Section 1701.157,
Occupations Code, is amended.
|
SECTION 34. Same as
introduced version.
|
No
equivalent provision.
|
SECTION 35. Sections
151.0515(b) and (b-1), Tax Code, are amended to read as follows:
(b) In each county in this
state certified by the Texas Commission on Environmental Quality as
being in a nonattainment area or as an affected county, as defined by
Section 386.001, Health and Safety Code, a surcharge is imposed on the
retail sale, lease, or rental of new or used equipment in an amount equal
to two percent of the sale price or the lease or rental amount.
(b-1) In each county in this
state certified by the Texas Commission on Environmental Quality as
being in a nonattainment area or as an affected county, as defined by
Section 386.001, Health and Safety Code, a surcharge is imposed on the
storage, use, or other consumption in this state of new or used equipment. The
surcharge is at the same percentage rate as is provided by Subsection (b)
on the sales price or the lease or rental amount of the equipment.
|
SECTION 16. Section 155.2415,
Tax Code, is amended to read as follows:
Sec. 155.2415. ALLOCATION OF
CERTAIN REVENUE TO PROPERTY TAX RELIEF FUND AND CERTAIN OTHER FUNDS.
Notwithstanding Section 155.241, the proceeds from the collection of taxes
imposed by Section 155.0211 shall be allocated as follows:
(1) the amount of the
proceeds that is equal to the amount that, if the taxes imposed by Section
155.0211 were imposed at a rate of 40 percent of the manufacturer's list
price, exclusive of any trade discount, special discount, or deal, would be
attributable to the portion of that tax rate in excess of 35.213 percent,
shall be deposited to the credit of the property tax relief fund under
Section 403.109, Government Code;
(2) the amount of the
proceeds that is equal to the amount that would be attributable to a tax
rate of 35.213 percent of the manufacturer's list price, exclusive of any
trade discount, special discount, or deal, if the taxes were imposed by
Section 155.0211 at that rate, shall be deposited to the credit of the
general revenue fund; and
(3) 100 percent of the
remaining proceeds shall be deposited to the credit of:
(A) the physician
education loan repayment program account established under Subchapter J,
Chapter 61, Education Code; or
(B) the general revenue
fund, if the comptroller determines that the unencumbered beginning balance
of the physician education loan repayment account established under
Subchapter J, Chapter 61, Education Code, is sufficient to fund
appropriations and other direct and indirect costs from that account for
the current state fiscal year.
|
SECTION 36. Section 155.2415,
Tax Code, is amended to read as follows:
Sec. 155.2415. ALLOCATION OF
CERTAIN REVENUE TO PROPERTY TAX RELIEF FUND AND CERTAIN OTHER FUNDS. (a)
Notwithstanding Section 155.241, the proceeds from the collection of taxes
imposed by Section 155.0211 shall be allocated as follows:
(1) the amount of the
proceeds that is equal to the amount that, if the taxes imposed by Section
155.0211 were imposed at a rate of 40 percent of the manufacturer's list
price, exclusive of any trade discount, special discount, or deal, would be
attributable to the portion of that tax rate in excess of 35.213 percent,
shall be deposited to the credit of the property tax relief fund under
Section 403.109, Government Code;
(2) the amount of the
proceeds that is equal to the amount that would be attributable to a tax
rate of 35.213 percent of the manufacturer's list price, exclusive of any
trade discount, special discount, or deal, if the taxes were imposed by
Section 155.0211 at that rate, shall be deposited to the credit of the
general revenue fund; and
(3) 100 percent of the
remaining proceeds shall be deposited to the credit of:
(A) the physician
education loan repayment program account established under Subchapter J,
Chapter 61, Education Code; or
(B) the general revenue
fund, if the comptroller determines that the unencumbered beginning balance
of the physician education loan repayment account established under
Subchapter J, Chapter 61, Education Code, is sufficient to fund appropriations
and other direct and indirect costs from that account for the fulfillment of existing and expected
physician loan repayment commitments during the current state fiscal
biennium.
(b) Proceeds deposited in accordance with Subsection (a)(3)(B) may
be appropriated only for health care purposes.
|
No
equivalent provision.
|
SECTION 37. Section 504.6012,
Transportation Code, is amended to read as follows:
Sec. 504.6012. ELIMINATION OF
DEDICATED REVENUE ACCOUNTS; REVENUES IN TRUST. (a) Notwithstanding any other
law [provision of this subchapter], not later than September
30, 2015 [2013], the comptroller shall eliminate all
dedicated accounts established for specialty license plates [under this
subchapter] and shall set aside the balances of those dedicated accounts
so that the balances may be appropriated only for the purposes intended as
provided by the dedications.
(b) On and after September 1,
2015 [2013], the portion of a fee payable [under this
subchapter] that is designated for deposit to a dedicated account shall
be paid instead to the credit of an account in a trust fund created by the
comptroller outside the general revenue fund. The comptroller shall
administer the trust fund and accounts and may allocate the corpus and
earnings on each account only in accordance with the dedications of the
revenue deposited to the trust fund accounts.
|
No
equivalent provision.
|
SECTION 38. Section
521.421(b), Transportation Code, is amended to read as follows:
(b) The fee for renewal of a
Class M license or for renewal of a license that includes authorization to
operate a motorcycle is $27 [$32].
|
No
equivalent provision.
|
SECTION 39. Section
521.421(f), Transportation Code, as added by Chapter 1156 (S.B. 99), Acts
of the 75th Legislature, Regular Session, 1997, is amended to read as
follows:
(f) An applicant applying for
additional authorization to operate a motorcycle shall pay a $10 [$15]
fee for the required application.
|
No
equivalent provision.
|
SECTION 40. Section
521.421(f), Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts
of the 75th Legislature, Regular Session, 1997, is redesignated as Section
521.421(f-1), Transportation Code, and amended to read as follows:
(f-1) [(f)] If
a Class A, B, or C driver's license includes an authorization to operate a
motorcycle or moped, the fee for the driver's license is increased by $3
[$8].
|
No
equivalent provision.
|
SECTION 41. Section
521.427(b), Transportation Code, is amended to read as follows:
(b) Subsection (a) does not
apply to:
(1) [the portion of a fee collected
under Section 521.421(b) or Section 521.421(f), as added by Chapter 1156,
Acts of the 75th Legislature, Regular Session, 1997, that is required by
Section 662.011 to be deposited to the credit of the motorcycle education
fund account;
[(2)] a fee collected
under Section 521.421(j); or
(2) [(3)] a fee
collected under Section 521.422(b) or (c).
|
No
equivalent provision.
|
SECTION 42. Section
522.029(f), Transportation Code, as added by Chapter 1156 (S.B. 99), Acts
of the 75th Legislature, Regular Session, 1997, is amended to read as
follows:
(f) The fee for renewal of a
commercial driver's license or a commercial driver learner's permit that
includes authorization to operate a motorcycle is $40 [$45].
|
No
equivalent provision.
|
SECTION 43. Section 522.029(f),
Transportation Code, as added by Chapter 1372 (H.B. 1200), Acts of the 75th
Legislature, Regular Session, 1997, is redesignated as Section
522.029(f-1), Transportation Code, and amended to read as follows:
(f-1) [(f)] If
a commercial driver's license or commercial driver learner's permit
includes an authorization to operate a motorcycle or moped, the fee for the
driver's license or permit is increased by $3 [$8].
|
No
equivalent provision.
|
SECTION 44. Section
522.029(i), Transportation Code, is amended to read as follows:
(i) Each [Except as
provided by Section 662.011, each] fee collected under this section
shall be deposited to the credit of the Texas mobility fund.
|
SECTION 17. Section
542.406(c), Transportation Code, is amended.
|
SECTION 45. Same as
introduced version.
|
SECTION 18. Section
707.008(a), Transportation Code, is amended.
|
SECTION 46. Same as
introduced version.
|
SECTION 19. Section 708.103,
Transportation Code, is amended.
|
SECTION 47. Same as
introduced version.
|
SECTION 20. Section 708.104,
Transportation Code, is amended.
|
SECTION 48. Same as
introduced version.
|
SECTION 21. Section
39.903(m), Utilities Code, is amended to read as follows:
(m) This section expires
September 1, 2017 [2016].
|
No
equivalent provision.
|
No
equivalent provision.
|
SECTION 49. Section 16.001,
Utilities Code, is amended to read as follows:
Sec. 16.001. UTILITY GROSS
RECEIPTS ASSESSMENT [ON PUBLIC UTILITIES]. (a) To defray the
expenses incurred in the administration of this title, the commission
shall impose [an assessment is imposed] on each public utility,
retail electric provider, and electric cooperative under [within]
the jurisdiction of the commission that serves the ultimate consumer,
including each interexchange telecommunications carrier, an annual utility
gross receipts assessment in an amount determined as provided by Subsection
(b).
(b) The commission shall
impose the assessment on each public utility, retail electric provider,
electric cooperative, and interexchange telecommunications carrier so that
each entity's share of the aggregate amount of the assessments due bears
the same proportion to that aggregate amount as that entity's amount of
gross receipts from rates charged to the ultimate consumer bears to the
total of the gross receipts from rates charged to the ultimate consumer in
this state by all of the entities on which the assessment is imposed. The
commission shall revise the assessments as necessary to result in the
aggregate amount of assessments due under this section being [An
assessment under this section is] equal to the lesser of:
(1) an amount, as
determined by the commission, equal to one-sixth of one percent of the total
of the [public utility's, retail electric provider's, or electric
cooperative's] gross receipts from rates charged to the ultimate
consumer in this state by entities on which the assessments are imposed;
or
(2) an amount, as
determined by the commission, equal to the total of amounts appropriated to
the commission and to the office from the utility gross receipts assessment
account for the state fiscal year in which the assessments are due.
(c) An interexchange
telecommunications carrier that does not provide local exchange telephone
service may collect the assessment [fee] imposed under this
section as an additional item separately stated on the customer bill as
"utility gross receipts assessment."
|
No
equivalent provision.
|
SECTION 50. Section 16.004,
Utilities Code, is amended to read as follows:
Sec. 16.004. COLLECTION AND
DEPOSIT [BY COMPTROLLER]. The comptroller shall:
(1) collect the assessments
[assessment] and any penalty or interest due under this subchapter;
and
(2) deposit the
assessments, penalties, and interest collected under this subchapter to the
credit of the utility gross receipts assessment account.
|
No
equivalent provision.
|
SECTION 51. Subchapter A,
Chapter 16, Utilities Code, is amended by adding Section 16.005 to read as
follows:
Sec. 16.005. UTILITY GROSS
RECEIPTS ASSESSMENT ACCOUNT. (a) The utility gross receipts assessment
account is an account in the general revenue fund.
(b) Money in the account
may be appropriated only to the commission or the office for the
administration of this title.
|
SECTION 22. Section 39.9039,
Utilities Code, is amended to read as follows:
Sec. 39.9039. ELIMINATION OF
SYSTEM BENEFIT FUND BALANCE. (a)
Notwithstanding Section 39.903(b), the commission shall set the
nonbypassable system benefit fund fee at the amount of zero cents per
megawatt hour for the period beginning September 1, 2013, and ending
September 1, 2017 [2016].
(b) Notwithstanding Section
39.903(e), money in the system benefit fund may be appropriated:
(1)
[for the state fiscal year beginning September 1, 2013, a program
established by the commission to assist low-income electric customers by
providing a reduced rate for the months of September, 2013, and May through
August, 2014, in the manner prescribed by Section 39.903(h) at a rate of up
to 82 percent;
[(2)] for the state
fiscal year beginning September 1, 2014, a program established by the
commission to assist low-income electric customers by providing a reduced
rate for the months of September, 2014, and May through August, 2015, in
the manner prescribed by Section 39.903(h) at a rate of up to 15 percent;
(2) [(3)] for
the state fiscal year beginning September 1, 2015, a program established by
the commission to assist low-income electric customers by providing a
reduced rate for the months of September,
2015, and May through August, 2016, in the manner prescribed by
Section 39.903(h) at a rate of up to 33
[15] percent;
(3) for the state fiscal year beginning September 1, 2016, a
program established by the commission to assist low-income electric
customers by providing a reduced rate for the months of September, 2016,
and May through August, 2017, in the manner prescribed by Section 39.903(h)
at a rate of up to 33 percent; and
(4) for customer education
programs and administrative expenses incurred by the commission in
implementing and administering this chapter.
(c)
This section expires September 1, 2017 [2016].
|
SECTION 52. Section
39.9039(b), Utilities Code, is amended to read as follows:
(b) Notwithstanding Section
39.903(e), money in the system benefit fund may be appropriated:
(1)
for the state fiscal year beginning September 1, 2013, a program
established by the commission to assist low-income electric customers by
providing a reduced rate for the months of September, 2013, and May through
August, 2014, in the manner prescribed by Section 39.903(h) at a rate of up
to 82 percent;
(2) for the state fiscal year
beginning September 1, 2014, a program established by the commission to
assist low-income electric customers by providing a reduced rate for the
months of September, 2014, and May through August, 2015, in the manner
prescribed by Section 39.903(h) at a rate of up to 15 percent;
(3) for the state fiscal year
beginning September 1, 2015, a program established by the commission to
assist low-income electric customers by providing a reduced rate [for the months of September, 2015, and May
through August, 2016,] in the manner prescribed by Section
39.903(h) [at a rate of up to 15 percent];
and
(4) for customer education
programs and administrative expenses incurred by the commission in
implementing and administering this chapter.
|
No
equivalent provision.
|
SECTION 53. Section
121.211(h), Utilities Code, is amended to read as follows:
(h) A fee collected under
this section shall be deposited to the credit of the oil and gas
regulation and cleanup [general revenue] fund as provided by
Section 81.067, Natural Resources Code [to be used for the pipeline
safety and regulatory program].
|
SECTION 23. Section
26.3574(b-1), Water Code, is amended.
|
SECTION 54. Same as
introduced version.
|
No
equivalent provision.
|
SECTION 55. Section 27.0321,
Water Code, is amended to read as follows:
Sec. 27.0321. APPLICATION
FEE. (a) With each application for an oil and gas waste disposal
well permit, the applicant shall submit to the railroad commission a
nonrefundable fee of $100.
(b) The fee collected
under this section shall be deposited to the credit of the oil and gas
regulation and cleanup fund as provided by Section 81.067, Natural
Resources Code.
|
SECTION 24. The following
provisions of law are repealed:
(1) Section 61.539, Education
Code;
(2) Section 780.003(c),
Health and Safety Code; and
(3) Chapter 782, Health and
Safety Code.
|
SECTION 56. The following
provisions of law, including provisions
amended by S.B. 219, Acts of the 84th Legislature, Regular Session, 2015,
are repealed:
(1)
Section 102.055, Business & Commerce Code;
(2)
Section 56.459(f), Education Code;
(3)
Section 56.465, Education Code;
(4) Section 61.539, Education
Code;
(5) Section 780.003(c),
Health and Safety Code;
(6) Chapter 782, Health and
Safety Code;
(7)
Section 81.113, Natural Resources Code;
(8)
Section 153.053, Occupations Code;
(9)
Sections 201.153(b) and (c), Occupations Code;
(10)
Section 254.004(b), Occupations Code;
(11)
Section 351.153, Occupations Code;
(12)
Section 501.153, Occupations Code;
(13)
Sections 801.154(b), (c), and (d), Occupations Code;
(14)
Section 901.406, Occupations Code;
(15)
Section 901.407, Occupations Code;
(16)
Section 901.410, Occupations Code;
(17)
Section 1001.206, Occupations Code;
(18)
Section 1051.652, Occupations Code;
(19)
Section 1052.0541, Occupations Code;
(20)
Section 1053.0521, Occupations Code;
(21)
Section 1071.1521, Occupations Code;
(22)
Section 1101.153, Occupations Code;
(23)
Section 1105.003(e), Occupations Code;
(24)
Section 1152.053, Occupations Code;
(25)
Subchapter H, Chapter 191, Tax Code;
(26)
Section 662.011, Transportation Code;
(27)
Section 1001.151(c), Transportation Code; and
(28)
Section 41, The Securities Act (Article 581-41, Vernon's Texas Civil
Statutes).
|
SECTION 25. Not later than
January 1, 2016, the Department of Public Safety shall adopt rules as
required by Section 1701.156(c), Occupations Code, as added by this Act.
|
SECTION 57. Same as
introduced version.
|
SECTION 26. The changes in
law made by this Act to Sections 708.103 and 708.104, Transportation Code,
apply to a surcharge pending on the effective date of this Act, regardless
of when the surcharge was assessed.
|
SECTION 58. Same as
introduced version.
|
SECTION 27. Not later than
the 90th day of the state fiscal year beginning September 1, 2015, the
comptroller shall transfer any remaining balance in the educator excellence
innovation fund account No. 5135 to the credit of the general revenue fund.
|
SECTION 59. Same as
introduced version.
|
SECTION 28. Not later than
the 90th day of the state fiscal year beginning September 1, 2015, the
comptroller shall transfer any remaining balance in the regional trauma
account No. 5137 to the credit of the designated trauma facility and EMS
account No. 5111 in the general revenue fund.
|
SECTION 60. Same as
introduced version.
|
No
equivalent provision.
|
SECTION 61. Not later than
the 90th day of the state fiscal year beginning September 1, 2015, the
comptroller shall transfer any remaining balance in the motorcycle
education account No. 0501 to the credit of the general revenue fund.
|
No
equivalent provision.
|
SECTION 62. (a) Notwithstanding
Section 2007.002, Insurance Code, as amended by this Act, for the state
fiscal years beginning September 1, 2015, and beginning September 1, 2016,
the comptroller shall assess against all insurers to which Chapter 2007,
Insurance Code, applies amounts for that state fiscal year necessary, as
determined by the commissioner of insurance, to collect a combined total
equal to the lesser of:
(1) the total amount that the
General Appropriations Act appropriates from the volunteer fire department
assistance fund account in the general revenue fund for that state fiscal
year other than:
(A) appropriations for
contributions to the Texas Emergency Services Retirement System made under
Section 614.104(d), Government Code, as added by this Act; and
(B) appropriations to the
Texas A&M Forest Service for grants to volunteer fire departments in a
total amount not to exceed $11,500,000; or
(2) $30 million.
(b) This section expires
September 1, 2017.
|
No
equivalent provision.
|
SECTION 63. (a) The changes
in law made to Sections 52.91 and 56.463, Education Code, apply beginning
with tuition charged for the 2015 fall semester.
(b) Tuition charged for any
semester or other academic term before the 2015 fall semester is covered by
the applicable law as it existed before the effective date of this Act, and
the former law is continued in effect for that purpose.
|
No
equivalent provision.
|
SECTION 64. (a) The changes
in law made by the amendment of Section 16.001, Utilities Code, by this Act
are applicable only to an assessment made under that section to be due on
or after August 15, 2017, as provided by Section 16.002, Utilities Code. An
assessment due before that date is governed by the law as it existed immediately
before the effective date of this Act, and that law is continued in effect
for that purpose.
(b) Notwithstanding Section
16.001, Utilities Code, as amended by this Act, if the Public Utilities
Commission does not take action to determine the amount of assessments
under that section to be due August 15, 2017, following the method
described by Section 16.001(b), as amended by this Act, the commission
shall impose the assessment under Section 16.001 as that provision existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
|
No
equivalent provision.
|
SECTION 65. The changes in
law made by this Act do not affect a surcharge, additional fee, additional
charge, fee increase, tax, or late fee imposed before the effective date of
this Act, and the law in effect before the effective date of this Act is
continued in effect for purposes of the liability for and collection of
those surcharges, additional fees, additional charges, fee increases,
taxes, and late fees.
|
SECTION 29. This Act takes
effect September 1, 2015.
|
SECTION 66. Same as
introduced version.
|
|