Texas 2009 - 81st Regular

Texas House Bill HB1434 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R2883 SMH-D
2	2	By: Lucio III H.B. No. 1434
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of money in the watermaster fund.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 5.707, Water Code, is amended to read as
10	10	follows:
11	11	Sec. 5.707. TRANSFERABILITY OF APPROPRIATIONS AND FUNDS
12	12	DERIVED FROM FEES. (a) Except as provided by Subsection (b),
13	13	notwithstanding [Notwithstanding] any law that provides specific
14	14	purposes for which a fund, account, or revenue source may be used
15	15	and expended by the commission and that restricts the use of
16	16	revenues and balances by the commission, the commission may
17	17	transfer a percentage of appropriations from one appropriation item
18	18	to another appropriation item consistent with the General
19	19	Appropriations Act for any biennium authorizing the commission to
20	20	transfer a percentage of appropriations from one appropriation item
21	21	to another appropriation item. The use of funds in dedicated
22	22	accounts under this section for purposes in addition to those
23	23	provided by statutes restricting their use may not exceed seven
24	24	percent or $20 million, whichever is less, of appropriations to the
25	25	commission in the General Appropriations Act for any biennium. A
26	26	transfer of $500,000 or more from one appropriation item to another
27	27	appropriation item under this section must be approved by the
28	28	commission at an open meeting subject to Chapter 551, Government
29	29	Code.
30	30	(b) Money in the watermaster fund may be used only for the
31	31	purposes provided by Section 11.3291.
32	32	SECTION 2. Section 11.329(d), Water Code, as amended by
33	33	Chapters 333 (H.B. 3231) and 696 (S.B. 1406), Acts of the 75th
34	34	Legislature, Regular Session, 1997, is reenacted to read as
35	35	follows:
36	36	(d) The executive director shall collect the assessments
37	37	and shall account for assessments separately for each water
38	38	division and shall deposit assessments collected to a special fund
39	39	known as the watermaster fund established and governed by Section
40	40	11.3291.
41	41	SECTION 3. Section 11.3291, Water Code, is amended by
42	42	amending Subsections (a), (b), and (e) and adding Subsections (b-1)
43	43	and (f) to read as follows:
44	44	(a) The watermaster fund is created as a special fund in the
45	45	state treasury [and shall be administered by the commission under
46	46	this subchapter and rules adopted by the commission].
47	47	(b) The money in the [legislature hereby appropriates
48	48	without further legislative action any funds deposited in the
49	49	watermaster's fund as provided in this subchapter. The]
50	50	watermaster fund may [shall] be appropriated only to the commission
51	51	to pay [used]:
52	52	(1) [to pay] the compensation and expenses of the
53	53	watermaster in each water division;
54	54	(2) [to pay] expenditures for equipment, facilities,
55	55	and capital expenditures necessary to the watermaster operation
56	56	when recommended by the watermaster advisory committee and the
57	57	executive director and approved by the commission when hearings are
58	58	required as provided in Section 11.329; and
59	59	(3) [to pay into the general revenue fund for use
60	60	without further appropriation for purposes of providing] overhead
61	61	and administrative expenses of the commission in an amount not
62	62	greater than 10 percent times the approved annual budget under this
63	63	subchapter in a water division.
64	64	(b-1) Any amounts not used in one fiscal year shall be
65	65	carried over and may be used for:
66	66	(1) the following fiscal year's operational expenses
67	67	of the watermaster;
68	68	(2) updating the water availability model developed
69	69	under Section 16.053 for the river basin;
70	70	(3) controlling or eliminating noxious weeds,
71	71	grasses, or other vegetation in the streams or other sources of
72	72	supply in the water division; or
73	73	(4) improving the efficiency of water conveyance
74	74	systems in the water division.
75	75	(e) The [commission may invest, reinvest, and direct the
76	76	investment of any available] money in the watermaster fund may be
77	77	invested as provided by law for the investment of money under
78	78	Section 404.024, Government Code.
79	79	(f) The watermaster fund is exempt from the application of
80	80	Section 403.095, Government Code.
81	81	SECTION 4. Section 12.113(b), Water Code, is amended to
82	82	read as follows:
83	83	(b) The commission shall deposit all costs collected under
84	84	Subchapter G, Chapter 11 [of this code] in the State Treasury to the
85	85	credit of the watermaster fund [administration account], from which
86	86	the commission shall pay all expenses necessary to efficiently
87	87	administer and perform the duties described in Sections 11.325
88	88	through 11.335 [of this code].
89	89	SECTION 5. The watermaster fund created under Section
90	90	11.3291, Water Code, as that section existed before amendment by
91	91	this Act, is re-created and redesignated as a special fund in the
92	92	state treasury to be used for the purposes provided by Section
93	93	11.3291, Water Code, as amended by this Act.
94	94	SECTION 6. This Act takes effect September 1, 2009.