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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of statutorily dedicated revenues for budget |
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certification. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 403.095, Government Code, is amended by |
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amending Subsections (b), (d), and (e) and adding Subsection (b-1) |
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to read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, an amount of dedicated |
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revenues, not to exceed a total of $1 billion, that on August 31 of |
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an odd-numbered year is [, 2015, are] estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the legislature is [83rd Legislature are] available for |
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general governmental purposes and is [are] considered available for |
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the purpose of certification under Section 403.121. It is the |
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intent of the legislature that dedicated revenues that exceed the |
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total amount that this subsection makes available for general |
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governmental purposes and for certification must be used for the |
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purposes for which the revenues are dedicated. |
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(b-1) Notwithstanding the limitation provided by Subsection |
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(b), the amount of dedicated revenues described by that subsection |
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that on August 31 of an odd-numbered year is estimated to exceed the |
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amount appropriated by the General Appropriations Act or other laws |
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enacted by the legislature is considered available for general |
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governmental purposes and for the purpose of certification under |
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Section 403.121 in an amount not to exceed: |
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(1) $3.4 billion for the fiscal biennium ending August |
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31, 2017; |
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(2) $2.6 billion for the fiscal biennium ending August |
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31, 2019; and |
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(3) $1.8 billion for the fiscal biennium ending August |
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31, 2021. |
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(d) Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the legislature |
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[83rd Legislature], the comptroller shall reduce each dedicated |
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account as directed by the legislature by an amount that may not |
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exceed the amount by which estimated revenues and unobligated |
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balances exceed appropriations. The reductions may be made in the |
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amounts and at the times necessary for cash flow considerations to |
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allow all the dedicated accounts to maintain adequate cash balances |
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to transact routine business. The legislature may authorize, in |
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the General Appropriations Act, the temporary delay of the excess |
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balance reduction required under this subsection. This subsection |
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does not apply to revenues or balances in: |
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(1) funds outside the treasury; |
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(2) trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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(3) funds created by the constitution or a court; or |
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(4) funds for which separate accounting is required by |
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federal law. |
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(e) This subsection and Subsection (b-1) expire [section
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expires] September 1, 2023 [2015]. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |