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A BILL TO BE ENTITLED
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AN ACT
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relating to Department of Agriculture fiscal matters; making |
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appropriations. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. PAYMENT OF COSTS FROM AVAILABLE SOURCES. |
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Section 12.0144, Agriculture Code, is amended to read as follows: |
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Sec. 12.0144. FEE SCHEDULE; PAYMENT OF COSTS. (a) The |
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department shall by rule adopt a schedule for all fees set by the |
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department under this code. |
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(b) Except for those activities exempted in the General |
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Appropriations Act, the department shall set fees in an amount |
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which offsets, when feasible, the direct and indirect state costs |
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of administering its regulatory activities. |
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(c) If it is not feasible to set fees as provided by |
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Subsection (b), the commissioner may use revenue from any other |
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available source to pay the difference in the amount of fees |
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collected and the costs of administering the department's |
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regulatory activities. |
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SECTION 2. DEDICATION OF ADMINISTRATIVE PENALTY REVENUE. |
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Section 12.020(r), Agriculture Code, is amended to read as follows: |
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(r) A penalty collected under this section shall be |
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deposited in a dedicated account in [the state treasury to the
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credit of] the General Revenue Fund and may be appropriated only to |
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the department. |
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SECTION 3. GIFTS HELD IN TRUST ACCOUNT. Section 12.022, |
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Agriculture Code, is amended to read as follows: |
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Sec. 12.022. AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS, |
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AND DONATIONS. (a) The department may solicit and accept gifts, |
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grants, and donations of money, services, or property from any |
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person. |
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(b) Money received by the department under this section |
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shall be deposited in the Department of Agriculture donations fund, |
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which is a trust fund outside the state treasury with the |
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comptroller and administered by the commissioner. Interest earned |
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on money in the fund shall be deposited to the credit of the fund. |
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The commissioner may spend or distribute money from the fund |
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without appropriation [be expended or distributed] for any public |
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purpose related to the department's duties. |
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SECTION 4. APPROPRIATION OF ADMINISTRATIVE PENALTIES. The |
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amount of any penalty collected under Section 12.020, Agriculture |
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Code, during the state fiscal biennium beginning September 1, 2015, |
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is appropriated to the Department of Agriculture for the purpose of |
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enforcement of laws. |
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SECTION 5. AUTHORITY TO TRANSFER APPROPRIATIONS. |
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Notwithstanding any limitations on appropriations transfers |
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contained in a General Appropriations Act of the 84th Legislature, |
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the Department of Agriculture is authorized to direct agency |
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resources and transfer amounts appropriated for a specific purpose |
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to another purpose at the direction of the commissioner of |
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agriculture. |
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SECTION 6. APPROPRIATION OF UNEXPENDED BALANCES. (a) Any |
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unobligated and unexpended balances remaining as of August 31, |
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2015, from appropriations made to the Department of Agriculture by |
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an Act of the 83rd Legislature or the 84th Legislature are |
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appropriated to the Department of Agriculture for the same purposes |
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for the biennium beginning September 1, 2015. |
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(b) Any unobligated and unexpended balances remaining as of |
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August 31, 2016, from appropriations made to the Department of |
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Agriculture by an Act of the 84th Legislature are appropriated to |
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the Department of Agriculture for the same purposes for the fiscal |
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year beginning September 1, 2016. |
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SECTION 7. EFFECTIVE DATE. This Act takes effect September |
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1, 2015. |