| 1 | 1 | | 81R357 JRD-D |
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| 2 | 2 | | By: Chisum H.B. No. 4165 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the funds consolidation process and the use of state |
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| 8 | 8 | | revenue dedicated by law for a particular purpose. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 403.095(b), (d), and (e), Government |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (b) Notwithstanding any law dedicating or setting aside |
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| 13 | 13 | | revenue for a particular purpose or entity, dedicated revenues |
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| 14 | 14 | | that, on August 31, 2011 [2009], are estimated to exceed the amount |
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| 15 | 15 | | appropriated by the General Appropriations Act or other laws |
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| 16 | 16 | | enacted by the 81st [80th] Legislature are available for general |
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| 17 | 17 | | governmental purposes and are considered available for the purpose |
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| 18 | 18 | | of certification under Section 403.121. |
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| 19 | 19 | | (d) Following certification of the General Appropriations |
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| 20 | 20 | | Act and other appropriations measures enacted by the 81st [80th] |
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| 21 | 21 | | Legislature, the comptroller shall reduce each dedicated account as |
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| 22 | 22 | | directed by the legislature by an amount that may not exceed the |
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| 23 | 23 | | amount by which estimated revenues and unobligated balances exceed |
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| 24 | 24 | | appropriations. The reductions may be made in the amounts and at |
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| 25 | 25 | | the times necessary for cash flow considerations to allow all the |
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| 26 | 26 | | dedicated accounts to maintain adequate cash balances to transact |
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| 27 | 27 | | routine business. The legislature may authorize, in the General |
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| 28 | 28 | | Appropriations Act, the temporary delay of the excess balance |
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| 29 | 29 | | reduction required under this subsection. This subsection does |
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| 30 | 30 | | not apply to revenues or balances in: |
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| 31 | 31 | | (1) funds outside the treasury; |
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| 32 | 32 | | (2) trust funds, which for purposes of this section |
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| 33 | 33 | | include funds that may or are required to be used in whole or in part |
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| 34 | 34 | | for the acquisition, development, construction, or maintenance of |
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| 35 | 35 | | state and local government infrastructures, recreational |
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| 36 | 36 | | facilities, or natural resource conservation facilities; |
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| 37 | 37 | | (3) funds created by the constitution or a court; or |
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| 38 | 38 | | (4) funds for which separate accounting is required by |
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| 39 | 39 | | federal law. |
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| 40 | 40 | | (e) This section expires on September 1, 2011 [2009]. |
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| 41 | 41 | | SECTION 2. (a) It is the intent of the legislature that: |
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| 42 | 42 | | (1) revenue dedicated by law for a particular purpose |
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| 43 | 43 | | or entity should be expended in accordance with the law dedicating |
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| 44 | 44 | | the revenue; |
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| 45 | 45 | | (2) the amendment of Section 403.095, Government Code, |
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| 46 | 46 | | by this Act to provide that Section 403.095 expires September 1, |
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| 47 | 47 | | 2011, is the final extension of the expiration date of Section |
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| 48 | 48 | | 403.095 and is made solely to allow for an orderly transition in the |
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| 49 | 49 | | management of state funds; and |
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| 50 | 50 | | (3) Section 403.095, Government Code, should finally |
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| 51 | 51 | | expire on September 1, 2011. |
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| 52 | 52 | | (b) The comptroller of public accounts shall, in the |
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| 53 | 53 | | comptroller's statement under Section 49a, Article III, Texas |
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| 54 | 54 | | Constitution, to the 82nd Legislature on its convening, include an |
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| 55 | 55 | | itemized estimate of the anticipated revenue based on the laws then |
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| 56 | 56 | | in effect that will be received by and for the state from all |
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| 57 | 57 | | sources on the assumption that Section 403.095, Government Code, |
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| 58 | 58 | | will be allowed to finally expire September 1, 2011. The estimate |
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| 59 | 59 | | must show the fund accounts to be credited during the succeeding |
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| 60 | 60 | | biennium based on that assumption. |
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| 61 | 61 | | SECTION 3. Subchapter D, Chapter 316, Government Code, is |
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| 62 | 62 | | repealed. |
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| 63 | 63 | | SECTION 4. This Act takes effect September 1, 2009. |
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