By: Nelson S.B. No. 2218
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and re-creation of funds and accounts in
  the state treasury, the dedication and rededication of revenue, and
  the exemption of unappropriated money from use for general
  governmental purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITION. In any provision of this Act that
  does not amend current law, "state agency" means an office,
  institution, or other agency that is in the executive branch of
  state government, has authority that is not limited to a
  geographical portion of the state, and was created by the
  constitution or a statute of this state. The term does not include
  an institution of higher education as defined by Section 61.003,
  Education Code.
         SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
  Except as Otherwise specifically provided by this Act, all funds
  and accounts created or re-created in the state treasury by an Act
  of the 85th Legislature, Regular Session, 2017, that becomes law
  and all dedications or rededications of revenue in the state
  treasury or otherwise collected by a state agency for a particular
  purpose by an Act of the 85th Legislature, Regular Session, 2017,
  that becomes law are abolished on the later of August 31, 2017, or
  the date the Act creating or re-creating the fund or account or
  dedicating or rededicating revenue takes effect.
         SECTION 3.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
  ACCOUNTS. Section 2 of this Act does not apply to:
               (1)  statutory dedications, funds, and accounts that
  were enacted before the 85th Legislature convened to comply with
  requirements of state constitutional or federal law;
               (2)  dedications, funds, or accounts that remained
  exempt from former Section 403.094(h), Government Code, at the time
  dedications, accounts, and funds were abolished under that
  provision;
               (3)  increases in fees or in other revenue dedicated as
  described by this section; or
               (4)  increases in fees or in other revenue required to
  be deposited in a fund or account described by this section.
         SECTION 4.  FEDERAL FUNDS. Section 2 of this Act does not
  apply to funds created pursuant to an Act of the 85th Legislature,
  Regular Session, 2017, for which separate accounting is required by
  federal law, except that the funds shall be deposited in accounts in
  the general revenue fund unless otherwise required by federal law.
         SECTION 5.  TRUST FUNDS. Section 2 of this Act does not
  apply to trust funds or dedicated revenue deposited to trust funds
  created under an Act of the 85th Legislature, Regular Session,
  2017, except that the trust funds shall be held in the state
  treasury, with the comptroller in trust, or outside the state
  treasury with the comptroller 's approval.
         SECTION 6.  BOND FUNDS. Section 2 of this Act does not apply
  to bond funds and pledged funds created or affected by an Act of the
  85th Legislature, Regular Session, 2017, except that the funds
  shall be held in the state treasury, with the comptroller in trust,
  or outside the state treasury with the comptroller 's approval.
         SECTION 7.  CONSTITUTIONAL FUNDS. Section 2 of this Act does
  not apply to funds or accounts that would be created or re-created
  by the Texas Constitution or revenue that would be dedicated or
  rededicated by the Texas Constitution under a constitutional
  amendment proposed by the 85th Legislature, Regular Session, 2017,
  or to dedicated revenue deposited to funds or accounts that would be
  so created or re-created, if the constitutional amendment is
  approved by the voters.
         SECTION 8.  AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
  Effective September 1, 2017, Sections 403.095(b), (d), and (f),
  Government Code, are amended to read as follows:
         (b)  Notwithstanding any law dedicating or setting aside
  revenue for a particular purpose or entity, dedicated revenues
  that, on August 31, 2019 [2017], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 85th [84th] Legislature are available for general
  governmental purposes and are considered available for the purpose
  of certification under Section 403.121.
         (d)  Following certification of the General Appropriations
  Act and other appropriations measures enacted by the 85th
  [84th]Legislature, the comptroller shall reduce each dedicated
  account as 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:
               (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.
         (f)  This section expires on September 1, 2019 [2017].
         SECTION 9.  REPEALER. Section 403.095(e), Government Code,
  is repealed.
         SECTION 10.  EFFECT OF ACT. (a) This Act prevails over any
  other Act of the 85th Legislature, Regular Session, 2017,
  regardless of the relative dates of enactment, that purports to
  create or re-create a special fund or account in the state treasury
  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)  Revenues that, under the terms of another Act of the
  85th Legislature, Regular Session, 2017, 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 11.  EFFECTIVE DATE. This Act takes effect
  immediately if it receives a vote of two-thirds of all the members
  elected to each house, as provided by Section 39, Article III, Texas
  Constitution. If this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.