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A BILL TO BE ENTITLED
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AN ACT
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relating to the creation and re-creation of funds and accounts in |
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the state treasury, the dedication and rededication of revenue, and |
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the exemption of unappropriated money from use for general |
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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 of |
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state government, has authority that is not limited to a |
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geographical portion of the state, and was created by the |
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constitution or a statute of this state. The term does not include |
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an institution of higher education as defined by Section 61.003, |
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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 in the state treasury by an Act |
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of the 85th Legislature, Regular Session, 2017, that becomes law |
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and all dedications or rededications of revenue in the state |
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treasury or otherwise collected by a state agency for a particular |
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purpose by an Act of the 85th Legislature, Regular Session, 2017, |
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that becomes law are abolished on the later of August 31, 2017, or |
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the date the Act creating or re-creating the fund or account or |
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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 85th 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 pursuant to an Act of the 85th Legislature, |
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Regular Session, 2017, for which separate accounting is required by |
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federal law, except that the funds shall be deposited in accounts in |
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the 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 85th Legislature, Regular Session, |
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2017, 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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85th Legislature, Regular Session, 2017, 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 85th Legislature, Regular Session, 2017, |
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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. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2017, Sections 403.095(b), (d), and (f), |
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Government Code, are amended 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, dedicated revenues |
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that, on August 31, 2019 [2017], 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 85th [84th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the 85th |
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[84th]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 the |
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General Appropriations Act, the temporary delay of the excess |
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balance |
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reduction required under this subsection. This subsection does not |
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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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(f) This section expires on September 1, 2019 [2017]. |
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SECTION 9. REPEALER. Section 403.095(e), Government Code, |
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is repealed. |
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SECTION 10. EFFECT OF ACT. (a) This Act prevails over any |
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other Act of the 85th Legislature, Regular Session, 2017, |
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regardless of the relative dates of enactment, that purports to |
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create or re-create a special fund or account in the state treasury |
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or to dedicate or rededicate revenue to a particular purpose, |
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including any fund, account, or revenue dedication abolished under |
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former Section 403.094, Government Code. |
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(b) Revenues that, under the terms of another Act of the |
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85th Legislature, Regular Session, 2017, would be deposited to the |
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credit of a special account or fund shall be deposited to the credit |
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of the undedicated portion of the general revenue fund unless the |
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fund, account, or dedication is exempted under this Act. |
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SECTION 11. EFFECTIVE DATE. This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution. If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on the 91st day after the |
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last day of the legislative session. |