Texas 2009 - 81st Regular

Texas House Bill HB3618 Compare Versions

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

Old	New	Differences
1	1	81R10347 MTB-F
2	2	By: Harless H.B. No. 3618
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use and management of dedicated funds by the state.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Subchapter D, Chapter 316,
10	10	Government Code, is amended to read as follows:
11	11	SUBCHAPTER D. RETENTION [APPROPRIATION] OF UNOBLIGATED FUND
12	12	BALANCES IN [TO GENERAL REVENUE] FUND
13	13	SECTION 2. Sections 316.031(a) and (b), Government Code,
14	14	are amended to read as follows:
15	15	(a) The legislature finds that[, to ensure the efficient
16	16	operation of state agencies and to provide for the necessary costs
17	17	of state government operation,] it is in the public interest to
18	18	ensure that revenues collected and dedicated for a specific purpose
19	19	are used exclusively for that purpose [provide a means for periodic
20	20	legislative review and control of unobligated cash balances and
21	21	income held by state agencies in funds other than the general
22	22	revenue fund].
23	23	(b) It is the intent of the legislature that:
24	24	(1) dedicated funds with an unobligated balance at the
25	25	end of a fiscal year in excess of that amount necessary to fulfill
26	26	an agency's statutory duties shall be identified within the General
27	27	Appropriations Act by fund; and
28	28	(2) the amounts of unobligated actual or projected
29	29	balances held in those funds in excess of the amounts determined by
30	30	the legislature to be sufficient to fulfill statutory requirements
31	31	shall be retained as balances in those funds [appropriated to the
32	32	general revenue fund].
33	33	SECTION 3. Section 316.032, Government Code, is amended to
34	34	read as follows:
35	35	Sec. 316.032. PROHIBITION ON APPROPRIATION OF UNOBLIGATED
36	36	FUND BALANCES [CONFLICTING LAWS SUSPENDED]. A [(a) Any law that
37	37	provides specific purposes for which a fund or revenue source may be
38	38	used and expended and that restricts the use of revenues and
39	39	balances is suspended to the extent that it conflicts with the
40	40	provisions and intent of appropriations made under this subchapter
41	41	in the General Appropriations Act.
42	42	[(b) If the] General Appropriations Act may [does] not
43	43	provide for the appropriation of unobligated fund balances to the
44	44	general revenue fund[, any transfer or appropriation of fund
45	45	balances shall occur as specified by law].
46	46	SECTION 4. Section 316.033, Government Code, is amended to
47	47	read as follows:
48	48	Sec. 316.033. FUNDS EXCLUDED. This subchapter applies to
49	49	funds established by state law and the Texas Constitution, but does
50	50	not apply to any portion of a fund derived from constitutionally
51	51	dedicated revenues or to funds or fund balances that are:
52	52	(1) [dedicated by the Texas Constitution;
53	53	[(2)] held in trust or escrow for the benefit of any
54	54	person or entity other than a state agency;
55	55	(2) [(3)] pledged to the payment of bonds, notes, or
56	56	other debts;
57	57	(3) [(4)] derived from gifts, donations, or
58	58	endowments made to state agencies or institutions of higher
59	59	education;
60	60	(4) [(5)] pledged to the capital trust fund to be used
61	61	for construction; or
62	62	(5) [(6)] maintained by institutions of higher
63	63	education, including the Texas State Technical College System.
64	64	SECTION 5. Sections 403.095(a), (b), and (d), Government
65	65	Code, are amended to read as follows:
66	66	(a) Revenue that has been set aside by law for a particular
67	67	purpose or entity is available only for that purpose or entity [to
68	68	the extent money is appropriated for that purpose or entity].
69	69	Expenditures made in furtherance of the dedicated purpose or entity
70	70	shall be made from money received from the dedicated revenue source
71	71	to the extent those funds are available [appropriated].
72	72	(b) Dedicated [Notwithstanding any law dedicating or
73	73	setting aside revenue for a particular purpose or entity,
74	74	dedicated] revenues that[, on August 31, 2009,] are estimated to
75	75	exceed the amount appropriated by the General Appropriations Act or
76	76	other laws [enacted by the 80th Legislature] are not available for
77	77	general governmental purposes and are not considered available for
78	78	the purpose of certification under Section 403.121.
79	79	(d) [Following certification of the General Appropriations
80	80	Act and other appropriations measures enacted by the 80th
81	81	Legislature, the comptroller shall reduce each dedicated account as
82	82	directed by the legislature by an amount that may not exceed the
83	83	amount by which estimated revenues and unobligated balances exceed
84	84	appropriations. The reductions may be made in the amounts and at
85	85	the times necessary for cash flow considerations to allow all the
86	86	dedicated accounts to maintain adequate cash balances to transact
87	87	routine business. The legislature may authorize, in the General
88	88	Appropriations Act, the temporary delay of the excess balance
89	89	reduction required under this subsection.] This section
90	90	[subsection] does not apply to revenues or balances in:
91	91	(1) funds outside the treasury;
92	92	(2) trust funds, which for purposes of this section
93	93	include funds that may or are required to be used in whole or in part
94	94	for the acquisition, development, construction, or maintenance of
95	95	state and local government infrastructures, recreational
96	96	facilities, or natural resource conservation facilities;
97	97	(3) funds created by the constitution or a court; or
98	98	(4) funds for which separate accounting is required by
99	99	federal law.
100	100	SECTION 6. Sections 316.031(c) and 403.095(e), Government
101	101	Code, are repealed.
102	102	SECTION 7. This Act takes effect September 1, 2009.