81R10347 MTB-F
By: Harless H.B. No. 3618
A BILL TO BE ENTITLED
AN ACT
relating to the use and management of dedicated funds by the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Subchapter D, Chapter 316,
Government Code, is amended to read as follows:
SUBCHAPTER D. RETENTION [APPROPRIATION] OF UNOBLIGATED FUND
BALANCES IN [TO GENERAL REVENUE] FUND
SECTION 2. Sections 316.031(a) and (b), Government Code,
are amended to read as follows:
(a) The legislature finds that[, to ensure the efficient
operation of state agencies and to provide for the necessary costs
of state government operation,] it is in the public interest to
ensure that revenues collected and dedicated for a specific purpose
are used exclusively for that purpose [provide a means for periodic
legislative review and control of unobligated cash balances and
income held by state agencies in funds other than the general
revenue fund].
(b) It is the intent of the legislature that:
(1) dedicated funds with an unobligated balance at the
end of a fiscal year in excess of that amount necessary to fulfill
an agency's statutory duties shall be identified within the General
Appropriations Act by fund; and
(2) the amounts of unobligated actual or projected
balances held in those funds in excess of the amounts determined by
the legislature to be sufficient to fulfill statutory requirements
shall be retained as balances in those funds [appropriated to the
general revenue fund].
SECTION 3. Section 316.032, Government Code, is amended to
read as follows:
Sec. 316.032. PROHIBITION ON APPROPRIATION OF UNOBLIGATED
FUND BALANCES [CONFLICTING LAWS SUSPENDED]. A [(a) Any law that
provides specific purposes for which a fund or revenue source may be
used and expended and that restricts the use of revenues and
balances is suspended to the extent that it conflicts with the
provisions and intent of appropriations made under this subchapter
in the General Appropriations Act.
[(b) If the] General Appropriations Act may [does] not
provide for the appropriation of unobligated fund balances to the
general revenue fund[, any transfer or appropriation of fund
balances shall occur as specified by law].
SECTION 4. Section 316.033, Government Code, is amended to
read as follows:
Sec. 316.033. FUNDS EXCLUDED. This subchapter applies to
funds established by state law and the Texas Constitution, but does
not apply to any portion of a fund derived from constitutionally
dedicated revenues or to funds or fund balances that are:
(1) [dedicated by the Texas Constitution;
[(2)] held in trust or escrow for the benefit of any
person or entity other than a state agency;
(2) [(3)] pledged to the payment of bonds, notes, or
other debts;
(3) [(4)] derived from gifts, donations, or
endowments made to state agencies or institutions of higher
education;
(4) [(5)] pledged to the capital trust fund to be used
for construction; or
(5) [(6)] maintained by institutions of higher
education, including the Texas State Technical College System.
SECTION 5. Sections 403.095(a), (b), and (d), Government
Code, are amended to read as follows:
(a) Revenue that has been set aside by law for a particular
purpose or entity is available only for that purpose or entity [to
the extent money is appropriated for that purpose or entity].
Expenditures made in furtherance of the dedicated purpose or entity
shall be made from money received from the dedicated revenue source
to the extent those funds are available [appropriated].
(b) Dedicated [Notwithstanding any law dedicating or
setting aside revenue for a particular purpose or entity,
dedicated] revenues that[, on August 31, 2009,] are estimated to
exceed the amount appropriated by the General Appropriations Act or
other laws [enacted by the 80th Legislature] are not available for
general governmental purposes and are not 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 80th
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 section
[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.
SECTION 6. Sections 316.031(c) and 403.095(e), Government
Code, are repealed.
SECTION 7. This Act takes effect September 1, 2009.