H.B. No. 4583
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 81st Legislature, Regular Session, 2009, 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 81st Legislature, Regular Session, 2009,
that becomes law are abolished on the later of August 31, 2009, 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 81st 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. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of August 31, 2009, or the date the Act creating or
re-creating the account takes effect, the following accounts and
the revenue deposited to the credit of the accounts are exempt from
Section 2 of this Act and are created in the general revenue fund,
if created or re-created by an Act of the 81st Legislature, Regular
Session, 2009, that becomes law:
(1) the Texas physician health program account created
as a special account in the general revenue fund by Senate Bill No.
1331 or similar legislation;
(2) the Jobs and Education for Texans (JET) fund to be
created as a dedicated account in the general revenue fund under
Senate Bill No. 1313, House Bill No. 1935, or similar legislation;
(3) the Texas local participation transportation fund
created as a dedicated account in the general revenue fund by Senate
Bill No. 1383, House Bill No. 3917, or similar legislation;
(4) the honesty-in-premium account created in the
general revenue fund by House Bill No. 2750, Senate Bill No. 1257,
or similar legislation;
(5) the renewing our communities account created by
House Bill No. 492 or similar legislation;
(6) the pretrial victim-offender mediation program
account created in the general revenue fund by House Bill No. 2139
or similar legislation;
(7) the fuel ethanol, renewable methane, and biodiesel
production account created in the general revenue fund by House
Bill No. 2318 or similar legislation;
(8) the Texas nursery and floral account created by
House Bill No. 3496 or similar legislation; and
(9) the Texas Rural Investment Fund account created in
the general revenue fund by House Bill No. 1911, House Bill No.
3236, Senate Bill No. 1016, Senate Bill No. 1988, or similar
legislation.
SECTION 5. REVENUE DEDICATION. Effective on the later of
August 31, 2009, or the date the Act dedicating or rededicating the
revenue takes effect, the following dedications or rededications of
revenue collected by a state agency for a particular purpose are
exempt from Section 2 of this Act, if dedicated or rededicated by an
Act of the 81st Legislature, Regular Session, 2009, that becomes
law:
(1) all dedications or rededications of revenue to the
Texas Department of Insurance operating account by any Act,
including the dedication of fees by Senate Bill No. 1007 or similar
legislation and the dedication of fees by House Bill No. 4341 or
similar legislation;
(2) the dedication of fee revenue by Senate Bill No.
1414 or similar legislation;
(3) the dedication of assessments and penalties by
House Bill No. 77, Senate Bill No. 638, or similar legislation;
(4) the dedication of revenue by House Bill No. 4110,
Senate Bill No. 2208, or similar legislation;
(5) the dedication of proceeds by House Bill No. 4427,
Senate Bill No. 1774, or similar legislation;
(6) the dedication of lottery proceeds by Senate Bill
No. 421, Senate Bill No. 1655, House Bill No. 1299, House Bill No.
4390, Senate Bill No. 1940, or similar legislation;
(7) the dedication or rededication of fees by Senate
Bill No. 1013, House Bill No. 2081, or similar legislation;
(8) the dedication of court costs by Senate Bill No.
333 or similar legislation;
(9) the dedication of tax revenue by House Bill No.
982, Senate Bill No. 2187, or similar legislation;
(10) the dedication of revenue by House Bill No. 1684
or similar legislation;
(11) the dedication of revenue by House Bill No. 1965
or similar legislation;
(12) the dedication of revenue by House Bill No. 2259
or similar legislation;
(13) the dedication of fee revenue by Senate Bill No.
1587, House Bill No. 3359, or similar legislation;
(14) the dedication or rededication of revenue by
Senate Bill No. 1844 or similar legislation; and
(15) the dedication or rededication of revenue by
Senate Bill No. 862.
SECTION 6. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created pursuant to an Act of the 81st Legislature,
Regular Session, 2009, 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 7. TRUST FUNDS. (a) Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 81st Legislature, Regular Session,
2009, 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.
(b) Section 2 of this Act does not apply to:
(1) the state-licensed residential mortgage loan
originator recovery fund created by House Bill No. 10 or similar
legislation, or to dedicated revenue deposited to that fund;
(2) the anthropogenic carbon dioxide storage trust
fund created as a special fund in the state treasury by House Bill
No. 2669, Senate Bill No. 1387, or similar legislation, or to
dedicated revenue deposited to that fund; or
(3) the consumer assistance account created as a
restitution account in the attorney general's departmental
suspense account in the state treasury by Senate Bill No. 2350 or
similar legislation, or to revenue deposited to that account.
(c) Notwithstanding Subsection (a) of this section, Section
2 of this Act applies to the system benefit fund and to revenue
deposited to the credit of that fund if that fund is purported to be
re-created by House Bill No. 1182 or similar legislation as a trust
fund.
SECTION 8. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the
81st Legislature, Regular Session, 2009, 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 9. CONSTITUTIONAL FUNDS. (a) 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 81st Legislature, Regular
Session, 2009, 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.
(b) Section 2 of this Act does not apply to the national
research university fund or any revenue transferred or deposited to
or dedicated to that fund under House Bill No. 51, House Bill No.
4453, Senate Bill No. 1560, or similar legislation that becomes
law.
SECTION 10. SEPARATE FUNDS IN THE TREASURY. Effective
September 1, 2009, the following funds in the state treasury and the
revenue deposited to the credit of the funds are exempt from Section
2 of this Act and the funds are created as separate funds in the
state treasury, if created by an Act of the 81st Legislature,
Regular Session, 2009, that becomes law:
(1) the floodplain management fund created as a
special fund in the state treasury outside the general revenue fund
by House Bill No. 2536 or similar legislation;
(2) the account created by Senate Bill No. 263 or
similar legislation for the deposit of proceeds from the sale of the
bonds to be used for the sole purpose of financing projects
authorized by Section 222.104, Transportation Code, except that,
notwithstanding that legislation the fund is created as a separate
fund outside of the general revenue fund; and
(3) the freestanding emergency medical care facility
licensing fund created by House Bill No. 1357 or similar
legislation.
SECTION 11. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2009, Sections 403.095(b), (d), and (e),
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, 2011 [2009], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 81st [80th] 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 81st [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 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.
(e) This section expires on September 1, 2011 [2009].
SECTION 12. CERTAIN REVENUES DEDICATED TO COMPENSATION TO
VICTIMS OF CRIME FUND. (a) Section 495.025(c), Government Code, as
added by Section 1, Chapter 100 (S.B. 1580), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(c) The department shall transfer 50 percent of all
commissions paid to the department by a vendor under this section to
the compensation to victims of crime fund established by Subchapter
B, Chapter 56, Code of Criminal Procedure, and the other 50 percent
to the credit of the undedicated portion of the general revenue
fund, except that the department shall transfer the first $10
million of the commissions collected in any given year under a
contract awarded under this section to the compensation to victims
of crime fund established by Subchapter B, Chapter 56, Code of
Criminal Procedure. This section does not reduce any appropriation
to the department.
(b) Revenue dedicated to the compensation to victims of
crime fund by Section 495.025(c), Government Code, as added by
Section 1, Chapter 100 (S.B. 1580), Acts of the 80th Legislature,
Regular Session, 2007, is rededicated to that fund by this section
and that rededication is exempt from Section 2 of this Act.
SECTION 13. PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM.
(a) Section 2 of this Act does not apply to the physician education
loan repayment program account created as an account in the general
revenue fund by House Bill No. 2154 or similar legislation or to
dedicated revenue deposited to that account.
(b) Notwithstanding provisions of House Bill No. 2154 or
other law to the contrary, of dedicated revenue directed by
Sections 61.539 and 61.5391, Education Code, Section 155.2415, Tax
Code, or other law to be deposited to the physician education loan
repayment program account described by Subsection (a) of this
section:
(1) during the state fiscal year ending August 31,
2010:
(A) 15 percent of the amount of that revenue
described by those provisions shall be deposited to the credit of
the physician education loan repayment program account; and
(B) the remainder of that revenue shall be
deposited to the credit of the undedicated portion of the general
revenue fund;
(2) from September 1, 2010, to August 29, 2011:
(A) 25 percent of the amount of that revenue
described by those provisions shall be deposited to the credit of
the physician education loan repayment program account; and
(B) the remainder of that revenue shall be
deposited to the credit of the undedicated portion of the general
revenue fund; and
(3) on and after August 30, 2011:
(A) 50 percent of the amount of that revenue
described by those provisions shall be deposited to the credit of
the physician education loan repayment program account; and
(B) the remainder of that revenue shall be
deposited to the credit of the undedicated portion of the general
revenue fund.
SECTION 14. CERTAIN OTHER FUNDS HELD OUTSIDE THE TREASURY.
Each of the following funds, if created as a fund held outside the
treasury by an Act of the 81st Legislature, Regular Session, 2009,
that becomes law, and revenue deposited to the credit of the funds
are exempt from this Act:
(1) the Texas transportation revolving fund or any
similar revolving fund created by or under Senate Bill No. 1350,
Senate Bill No. 505, Senate Bill No. 263, or similar legislation;
and
(2) the neighborhood and community recovery fund
created by Senate Bill No. 11, House Bill No. 4310, or similar
legislation.
SECTION 15. SPECIAL FUND FOR SPECIAL RANGERS. Section 2 of
this Act does not apply to the special fund established for special
rangers under House Bill No. 2062, Senate Bill No. 1683, or similar
legislation of the 81st Legislature, Regular Session, 2009, that
becomes law, or to proceeds transferred to the fund.
SECTION 16. CHRIS KYKER ENDOWMENT FOR SENIORS FUND.
Section 2 of this Act does not apply to the Chris Kyker Endowment
for Seniors Fund created as a special fund outside the state
treasury by House Bill No. 610, Senate Bill No. 1230, or similar
legislation of the 81st Legislature, Regular Session, 2009, that
becomes law, or to revenue deposited to the fund.
SECTION 17. TRUST FUND TO BECOME DEDICATED GENERAL REVENUE
ACCOUNT. Sections 2 and 7 of this Act do not apply to the
scholarship trust fund or to revenue deposited to the credit of that
fund. However, if that fund is purported to be created or
re-created by House Bill No. 2440 or similar legislation as a trust
fund, the scholarship trust fund is instead created as a dedicated
account in the general revenue fund.
SECTION 18. COMPTROLLER'S ESTIMATE OF CERTAIN DEDICATED
ACCOUNT BALANCES. The comptroller of public accounts shall, in the
comptroller's statement under Section 49-a, Article III, Texas
Constitution, to the 82nd Legislature on its convening, include an
estimate of general revenue dedicated account balances based on the
laws then in effect, separately identifying those account balances
available for certification.
SECTION 19. HEALTHY TEXAS SMALL EMPLOYER PREMIUM
STABILIZATION FUND. Sections 2 and 7 of this Act do not apply to the
healthy Texas small employer premium stabilization fund created by
Senate Bill No. 6 or similar legislation, or to dedicated revenue
deposited to that account.
SECTION 20. AMERICAN RECOVERY AND REINVESTMENT ACT FUND.
(a) Section 2 of this Act does not apply to the American Recovery
and Reinvestment Act fund created by Subsection (b) of this
section, or to revenue deposited to the fund.
(b) Subchapter B, Chapter 403, Government Code, is amended
by adding Section 403.0122 to read as follows:
Sec. 403.0122. DEPOSIT OF AMERICAN RECOVERY AND
REINVESTMENT ACT MONEY. (a) In this section:
(1) "Fund" means the American Recovery and
Reinvestment Act fund.
(2) "Recovery act" means the federal American Recovery
and Reinvestment Act of 2009 (Pub. L. No. 111-5).
(b) The American Recovery and Reinvestment Act fund is
created as a special fund in the state treasury outside the general
revenue fund.
(c) Notwithstanding any other law of this state and except
as otherwise provided by federal law, state agencies that receive
money under the recovery act shall deposit the money to the credit
of the fund as the comptroller determines is necessary to hold and
account for money received under the recovery act.
(d) Other money may be deposited to the credit of the fund as
appropriated by the legislature, as required by federal law, or as
necessary to account for money related to the recovery act. Money
deposited to the credit of the fund may only be used for the
purposes identified in the recovery act to stimulate the economy,
including aid for unemployment, welfare, education, health, and
infrastructure.
(e) Agencies shall transfer amounts between the fund and
other accounts and funds in the treasury as necessary to properly
account for money received under the recovery act as directed by the
comptroller. This section does not affect the authority of the
comptroller to establish and use accounts necessary to manage and
account for revenues and expenditures.
(f) Interest earned on money deposited to the credit of the
fund is exempt from Section 404.071. Interest earned on money in
the fund shall be retained in the fund.
(g) The comptroller may issue guidelines for state agencies
regarding the implementation of this section.
SECTION 21. LICENSE PLATES. Sections 2 and 7 of this Act do
not apply to the dedication or rededication of specialty license
plate revenue or to an account or fund created or re-created by an
Act of the 81st Legislature, Regular Session, 2009, that becomes
law involving a specialty license plate.
SECTION 22. LARGE COUNTY AND MUNICIPALITY RECREATION AND
PARKS ACCOUNT. (a) On the effective date of this Act, the large
county and municipality recreation and parks account, established
by Section 39, Chapter 1159 (H.B. 12), Acts of the 80th Legislature,
Regular Session, 2007, is re-created by this section as an account
in the general revenue fund.
(b) The large county and municipality recreation and parks
account and the revenue deposited to the credit of the account are
exempt from Section 2 of this Act.
SECTION 23. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 81st Legislature, Regular Session, 2009,
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) Revenue that, under the terms of another Act of the 81st
Legislature, Regular Session, 2009, 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 24. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 4583 was passed by the House on May
15, 2009, by the following vote: Yeas 140, Nays 1, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 4583 on May 29, 2009, and requested the appointment of a
conference committee to consider the differences between the two
houses; and that the House adopted the conference committee report
on H.B. No. 4583 on May 31, 2009, by the following vote: Yeas 144,
Nays 0, 1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 4583 was passed by the Senate, with
amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
0; at the request of the House, the Senate appointed a conference
committee to consider the differences between the two houses; and
that the Senate adopted the conference committee report on H.B. No.
4583 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor