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AN ACT
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relating to the creation and re-creation of funds and accounts, the |
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dedication and rededication of revenue, and the exemption of |
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unappropriated money from use for general governmental purposes. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. DEFINITION. In any provision of this Act that |
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does not amend current law, "state agency" means an office, |
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institution, or other agency that is in the executive branch or the |
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judicial branch of state government, has authority that is not |
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limited to a geographical portion of the state, and was created by |
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the constitution or a statute of this state. The term does not |
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include an institution of higher education as defined by Section |
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61.003, Education Code. |
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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 84th |
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Legislature, Regular Session, 2015, 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 84th Legislature, Regular |
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Session, 2015, that becomes law are abolished on the later of August |
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31, 2015, 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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SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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ACCOUNTS. Section 2 of this Act does not apply to: |
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(1) statutory dedications, funds, and accounts that |
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were enacted before the 84th Legislature convened to comply with |
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requirements of state constitutional or federal law; |
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(2) dedications, funds, or accounts that remained |
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exempt from former Section 403.094(h), Government Code, at the time |
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dedications, accounts, and funds were abolished under that |
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provision; |
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(3) increases in fees or in other revenue dedicated as |
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described by this section; or |
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(4) increases in fees or in other revenue required to |
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be deposited in a fund or account described by this section. |
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SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not |
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apply to funds created under an Act of the 84th Legislature, Regular |
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Session, 2015, for which separate accounting is required by federal |
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law, except that the funds shall be deposited in accounts in the |
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general revenue fund unless otherwise required by federal law. |
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SECTION 5. TRUST FUNDS. Section 2 of this Act does not |
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apply to trust funds or dedicated revenue deposited to trust funds |
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created under an Act of the 84th Legislature, Regular Session, |
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2015, except that the trust funds shall be held in the state |
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treasury, with the comptroller in trust, or outside the state |
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treasury with the comptroller's approval. |
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SECTION 6. BOND FUNDS. Section 2 of this Act does not apply |
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to bond funds and pledged funds created or affected by an Act of the |
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84th Legislature, Regular Session, 2015, except that the funds |
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shall be held in the state treasury, with the comptroller in trust, |
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or outside the state treasury with the comptroller's approval. |
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SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does |
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not apply to funds or accounts that would be created or re-created |
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by the Texas Constitution or revenue that would be dedicated or |
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rededicated by the Texas Constitution under a constitutional |
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amendment proposed by the 84th Legislature, Regular Session, 2015, |
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or to dedicated revenue deposited to funds or accounts that would be |
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so created or re-created, if the constitutional amendment is |
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approved by the voters. |
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SECTION 8. 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 84th |
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Legislature, Regular Session, 2015, 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, 2015. 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, 2015, may be used as an Act of |
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the 84th Legislature, Regular Session, 2015, 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 9. ENVIRONMENTAL RADIATION AND PERPETUAL CARE |
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ACCOUNT. On September 1, 2015, the environmental radiation and |
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perpetual care account created by Section 401.306, Health and |
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Safety Code, as enacted by Section 12, Chapter 1159 (S.B. 347), Acts |
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of the 83rd Legislature, Regular Session, 2013, is re-created by |
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this Act as an account in the general revenue fund, and all revenue |
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dedicated for deposit to the credit of the environmental radiation |
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and perpetual care account by a provision of Chapter 1159 (S.B. |
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347), Acts of the 83rd Legislature, Regular Session, 2013, is |
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rededicated by this Act for that purpose. Section 2 of this Act |
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does not apply to the account as re-created by this Act or a |
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dedication of revenue to the account as rededicated by this Act. |
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SECTION 10. SPECIAL FUND FOR MONEY RECEIVED FROM FEDERAL |
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GOVERNMENT. Section 2 of this Act does not apply to a special fund |
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in the state treasury established by the comptroller of public |
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accounts for the purpose of holding money received from the federal |
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government as authorized by House Bill No. 8, or by similar |
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legislation of the 84th Legislature, Regular Session, 2015, that |
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becomes law. If that law provides that the comptroller may not |
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deposit to the credit of the general revenue fund money received |
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from the federal government or accrued interest or other earnings |
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on money received from the federal government, Section 4 of this Act |
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does not apply to federal funds to which that law applies. |
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SECTION 11. ACCOUNTS IN GENERAL REVENUE FUND. Effective on |
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the later of the effective date of the Act creating or re-creating |
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the specified account or August 31, 2015, the following accounts |
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and the revenue deposited to the credit of those accounts are exempt |
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from Section 2 of this Act and the accounts are created or |
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re-created in the general revenue fund, if created or re-created by |
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an Act of the 84th Legislature, Regular Session, 2015, that becomes |
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law: |
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(1) the veterans recovery account, created as an |
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account in the general revenue fund by House Bill No. 175 or similar |
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legislation; |
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(2) the Texas B-On-time student loan account, |
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continued as an account in the general revenue fund by House Bill |
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No. 700 or similar legislation; |
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(3) the Texas farm and ranch lands conservation fund, |
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continued as an account in the general revenue fund by House Bill |
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No. 1925 or similar legislation; |
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(4) the Global Agricultural Innovation Institute |
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account, created as an account in the general revenue fund by House |
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Bill No. 3983 or similar legislation; |
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(5) the hospital perpetual care account, created as an |
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account in the general revenue fund by Senate Bill No. 424 or |
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similar legislation; |
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(6) the mathematics and science teacher investment |
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fund, continued as an account in the general revenue fund by Senate |
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Bill No. 686 or similar legislation; |
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(7) the account in the general revenue fund to which |
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certain fee revenue is deposited by the Texas Medical Board as |
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provided by Senate Bill No. 848 or similar legislation; |
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(8) the wine industry development fund, re-created as |
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an account in the general revenue fund by Senate Bill No. 880, |
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Senate Bill No. 881, or similar legislation; |
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(9) the professional development account, continued |
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as an account in the general revenue fund by Senate Bill No. 893 or |
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similar legislation; |
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(10) the compensation to child pornography victims |
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fund, created as an account in the general revenue fund by Senate |
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Bill No. 1010 or similar legislation; |
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(11) the truancy prevention and diversion fund, |
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re-created as an account in the general revenue fund by Senate Bill |
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No. 1925 or similar legislation; and |
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(12) the deferred maintenance fund, created as an |
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account in the general revenue fund by Senate Bill No. 2004 or |
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similar legislation. |
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SECTION 12. SEPARATE FUNDS. Effective on the later of the |
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effective date of the Act creating or re-creating the specified |
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fund or August 31, 2015, the following funds, if created or |
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re-created by an Act of the 84th Legislature, Regular Session, |
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2015, the revenue deposited to the funds, and the revenue dedicated |
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for deposit to the funds, are exempt from Section 2 of this Act, and |
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the funds are created or re-created as separate funds inside or |
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outside of the state treasury, as specified by the Act creating or |
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re-creating the fund: |
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(1) a separate fund established in the treasury of a |
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political subdivision or maintained by a state law enforcement |
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agency for scholarships for children of peace officers killed in |
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the line of duty as authorized by House Bill No. 530 or similar |
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legislation; |
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(2) the Texas research university fund, the Texas |
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comprehensive research fund, and the core research support fund |
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created or re-created as provided by House Bill No. 1000 or similar |
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legislation; |
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(3) a special fund outside the treasury created to |
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receive certain fees payable to the State Securities Board, as |
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provided by House Bill No. 2493 or similar legislation; |
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(4) the county road oil and gas fund, created as a |
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trust fund outside the treasury to be held and administered by the |
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comptroller of public accounts by House Bill No. 2521 or similar |
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legislation; |
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(5) the permanent fund supporting graduate medical |
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education, created as a special fund in the treasury by Senate Bill |
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No. 18 or similar legislation; |
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(6) a special fund to be maintained by the Texas |
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Appraiser Licensing and Certification Board, created as provided by |
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Senate Bill No. 1007 or similar legislation; |
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(7) the grain producer indemnity fund, created as a |
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trust fund outside the treasury by Senate Bill No. 1099 or similar |
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legislation; and |
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(8) the Texas Department of Motor Vehicles fund, |
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re-created as a special fund in the treasury by Senate Bill No. 1512 |
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or similar legislation. |
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SECTION 13. REVENUE DEDICATIONS. Effective on the later of |
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the effective date of the Act dedicating or rededicating the |
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specified revenue or August 31, 2015, the following dedications or |
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rededications of revenue collected for a particular purpose are |
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exempt from Section 2 of this Act, if dedicated or rededicated by an |
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Act of the 84th Legislature, Regular Session, 2015: |
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(1) the dedication of revenue provided by House Bill |
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No. 14 or similar legislation; |
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(2) the dedication of certain fee revenue provided by |
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House Bill No. 984 or similar legislation; |
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(3) the dedication of certain revenue consisting of |
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penalties, payments, or civil restitution to the judicial fund |
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provided by House Bill No. 1079 or similar legislation; |
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(4) the dedication of voluntary contributions to the |
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fund for veterans' assistance provided by House Bill No. 1584 or |
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similar legislation; |
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(5) the dedication of fee revenue to the Texas |
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Department of Motor Vehicles fund by House Bill No. 2085 or similar |
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legislation; |
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(6) the dedication of tax revenue imposed under |
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Chapter 151, Tax Code, for deposit to the rural volunteer fire |
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department insurance fund as provided by Section 151.801(c-2), Tax |
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Code, as added by House Bill No. 2113, Senate Bill No. 761, or |
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similar legislation; |
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(7) the dedication of certain fee revenue by House |
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Bill No. 2145 or similar legislation; |
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(8) the dedication of certain penalty revenue to the |
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Texas Department of Insurance operating account as provided by |
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House Bill No. 2466 or similar legislation; |
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(9) the dedication of fee revenue to the Texas |
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Department of Insurance operating account by House Bill No. 2491 or |
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similar legislation; |
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(10) the dedication of fee revenue to the state |
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highway fund as provided by House Bill No. 2861 or similar |
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legislation; |
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(11) the dedication of voluntary contributions to the |
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Glenda Dawson Donate Life-Texas Registry fund and the dedication of |
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certain fee revenue to the Texas Mobility Fund provided by House |
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Bill No. 3283, Senate Bill No. 1561, or similar legislation; |
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(12) the dedication of voluntary contributions to the |
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fund for veterans' assistance provided by House Bill No. 3710 or |
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similar legislation; |
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(13) the dedication of certain money received by the |
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Texas Department of Transportation to the state highway fund by |
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House Bill No. 3868 or similar legislation; |
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(14) the dedication of tax revenue to the oil and gas |
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regulation and cleanup fund by House Bill No. 4034 or similar |
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legislation; |
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(15) the dedication of fee revenue by Senate Bill |
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No. 195 or similar legislation; |
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(16) the dedication of revenue by Senate Bill No. 204 |
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or similar legislation; |
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(17) the dedication of revenue by Senate Bill No. 208 |
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or similar legislation; |
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(18) the dedication of penalty revenue to the |
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compensation to victims of crime fund as provided by Senate Bill |
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No. 273 or similar legislation; |
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(19) the dedication of fee revenue to the state |
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highway fund and the Texas Department of Motor Vehicles fund |
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provided by Senate Bill No. 562 or similar legislation; |
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(20) the dedication of certain money received by the |
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Texas Department of Transportation to the state highway fund |
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provided by Senate Bill No. 638 or similar legislation; |
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(21) the dedication of fee revenue by Senate Bill |
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No. 699 or similar legislation; |
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(22) the dedication of certain revenue as provided by |
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Senate Bill No. 783 or similar legislation; |
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(23) the dedication of fee revenue to the Texas |
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Department of Housing and Community Affairs by Senate Bill No. 976 |
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or similar legislation; |
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(24) the dedication of money received by the Parks and |
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Wildlife Department to the game, fish, and water safety account and |
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the state parks account by Senate Bill No. 1132 or similar |
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legislation; |
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(25) the dedication of fee revenue by House Bill |
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No. 2439 or similar legislation; and |
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(26) the dedication of fee revenue by House Bill |
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No. 872 or similar legislation. |
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SECTION 14. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE |
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FEES. Section 2 of this Act does not apply to a new account created |
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for receipt of fees for special license plates or for receipt of |
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related revenue, gifts, or grants as provided by an Act of the 84th |
|
Legislature, Regular Session, 2015, or to the dedication of revenue |
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to or contained in the new account. All license plate revenue shall |
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be deposited to the credit of appropriate subaccounts of the |
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License Plate Trust Fund No. 802. |
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SECTION 15. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE |
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FUND; DEDICATION OF REVENUE. Section 2 of this Act does not apply |
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to the governor's university research initiative fund or any other |
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fund created by House Bill No. 7, House Bill No. 26, Senate Bill |
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No. 632, or similar legislation of the 84th Legislature, Regular |
|
Session, 2015, that becomes law, any dedication of revenue made to |
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the fund, or any dedication of revenue contained in the legislation |
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creating the fund. |
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SECTION 16. ACCOUNTS IN STATE BULLION DEPOSITORY. Section |
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2 of this Act does not apply to an account in the state bullion |
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depository created by House Bill No. 483 or similar legislation of |
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the 84th Legislature, Regular Session, 2015, that becomes law, or |
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any dedication of revenue made to such an account. |
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SECTION 17. FUND, ACCOUNT, OR REVENUE DEDICATION: HOUSE |
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BILL NO. 7. Section 2 of this Act does not apply to a fund, account, |
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or dedication of revenue created or re-created by House Bill No. 7 |
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or similar legislation of the 84th Legislature, Regular Session, |
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2015. |
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SECTION 18. CONSUMER DIRECTED HEALTH PLAN ACCOUNTS. |
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Section 2 of this Act does not apply to a consumer directed health |
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plan account created by House Bill No. 966 or similar legislation |
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of the 84th Legislature, Regular Session, 2015, that becomes law. |
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SECTION 19. TEXASSURE FUND. (a) Effective September 1, |
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2015, Sections 502.357(b) and (c), Transportation Code, are amended |
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to read as follows: |
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(b) Fees collected under this section shall be deposited to |
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the credit of the state highway fund except that the comptroller |
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shall provide for a portion of the fees to be deposited first to the |
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credit of a special fund in the state treasury outside the general |
|
revenue fund to be known as the TexasSure Fund in a total amount |
|
that is necessary to cover the total amount appropriated to the |
|
Texas Department of Insurance from that fund and for the remaining |
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fees to be deposited to the state highway fund. Subject to |
|
appropriations, the money deposited to the credit of the state |
|
highway fund under this section may [shall] be used by the |
|
Department of Public Safety to: |
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(1) support the Department of Public Safety's |
|
reengineering of the driver's license system to provide for the |
|
issuance by the Department of Public Safety of a driver's license or |
|
personal identification certificate, to include use of image |
|
comparison technology; |
|
(2) establish and maintain a system to support the |
|
driver responsibility program under Chapter 708; and |
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(3) make lease payments to the master lease purchase |
|
program for the financing of the driver's license reengineering |
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project. |
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(c) [Fees collected under this section shall be deposited to
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the credit of the state highway fund.] Subject to appropriation, |
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fees collected under this section [the money] may be used by the |
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Department of Public Safety, the Texas Department of Insurance, the |
|
Department of Information Resources, and the department to carry |
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out Subchapter N, Chapter 601. |
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(b) Section 2 of this Act does not apply to the TexasSure |
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Fund or revenue dedicated to that fund. |
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SECTION 20. FLOODPLAIN PLANNING, MANAGEMENT, AND |
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EDUCATION. On September 1, 2015, the floodplain management account |
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created by Section 16.3161, Water Code, as enacted by Section 7, |
|
Chapter 1323 (S.B. 1436), Acts of the 80th Legislature, Regular |
|
Session, 2007, is re-created by this Act as a special fund in the |
|
state treasury outside the general revenue fund, and all revenue |
|
dedicated for deposit to the credit of the floodplain management |
|
account by a provision of Chapter 1323 (S.B. 1436), Acts of the 80th |
|
Legislature, Regular Session, 2007, is rededicated by this Act for |
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that purpose, except that revenue deposited to the floodplain |
|
management account may be transferred to the Disaster Contingency |
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Fund No. 453 to be used for extraordinary costs associated with |
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flood risk analysis, planning, and public education. On September |
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1, 2015, the comptroller of public accounts shall transfer all |
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revenue estimated to be collected for deposit to the credit of the |
|
floodplain management account in the 2016-2017 biennium to the |
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Disaster Contingency Fund No. 453. Section 2 of this Act does not |
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apply to the floodplain management account as re-created by this |
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Act or a dedication of revenue to the account or fund as dedicated |
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or rededicated by this Act. |
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SECTION 21. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2015, Section 403.095, Government Code, is |
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amended by amending Subsections (b), (d), and (e) and adding |
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Subsection (f) to read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
|
revenue for a particular purpose or entity, dedicated revenues that |
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on August 31, 2017 [2015], are estimated to exceed the amount |
|
appropriated by the General Appropriations Act or other laws |
|
enacted by the 84th [83rd] Legislature are available for general |
|
governmental purposes and are considered available for the purpose |
|
of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
|
Act and other appropriations measures enacted by the 84th [83rd] |
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Legislature, the comptroller shall reduce each dedicated account as |
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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: |
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(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) Notwithstanding Subsection (b), dedicated revenues in |
|
the following accounts or funds or that by law are directed to be |
|
deposited to the credit of the following accounts or funds are not |
|
available for general governmental purposes and are not considered |
|
available for certification under Section 403.121: |
|
(1) the Texas Department of Insurance operating |
|
account no. 0036; |
|
(2) the lifetime license endowment account no. 0544; |
|
(3) the permanent fund for health and tobacco |
|
education and enforcement account no. 5044; |
|
(4) the permanent fund for children and public health |
|
account no. 5045; |
|
(5) the permanent fund for emergency medical services |
|
and trauma care account no. 5046; |
|
(6) the permanent fund for rural health facility |
|
capital improvement account no. 5047; |
|
(7) the permanent hospital fund for capital |
|
improvements and the Texas Center for Infectious Disease account |
|
no. 5048; |
|
(8) the child abuse and neglect prevention operating |
|
fund account no. 5084; |
|
(9) the child abuse and neglect prevention trust fund |
|
account no. 5085; and |
|
(10) the separate fund account of each institution of |
|
higher education in the general revenue fund. |
|
(f) This section expires September 1, 2017 [2015]. |
|
SECTION 22. EFFECT OF ACT. (a) This Act prevails over any |
|
other Act of the 84th Legislature, Regular Session, 2015, |
|
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 84th Legislature, |
|
Regular Session, 2015, that is exempted from the application of |
|
Section 2 of this Act has no effect. |
|
(c) Revenue that, under the terms of another Act of the 84th |
|
Legislature, Regular Session, 2015, would be deposited to the |
|
credit of a special account or fund shall be deposited to the credit |
|
of the undedicated portion of the general revenue fund unless the |
|
fund, account, or dedication is exempted under this Act. |
|
SECTION 23. EFFECTIVE DATE. 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 |
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last day of the legislative session. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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|
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I certify that H.B. No. 6 was passed by the House on April 28, |
|
2015, by the following vote: Yeas 141, Nays 1, 1 present, not |
|
voting; that the House refused to concur in Senate amendments to |
|
H.B. No. 6 on May 29, 2015, and requested the appointment of a |
|
conference committee to consider the differences between the two |
|
houses; and that the House adopted the conference committee report |
|
on H.B. No. 6 on May 31, 2015, by the following vote: Yeas 142, |
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Nays 1, 2 present, not voting. |
|
|
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______________________________ |
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Chief Clerk of the House |
|
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I certify that H.B. No. 6 was passed by the Senate, with |
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amendments, on May 27, 2015, by the following vote: Yeas 31, Nays |
|
0; at the request of the House, the Senate appointed a conference |
|
committee to consider the differences between the two houses; and |
|
that the Senate adopted the conference committee report on H.B. No. |
|
6 on May 31, 2015, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |