Texas 2009 - 81st Regular

Texas House Bill HB4583 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	H.B. No. 4583
2	2
3	3
4	4	AN ACT
5	5	relating to the creation and re-creation of funds and accounts in
6	6	the state treasury, the dedication and rededication of revenue, and
7	7	the exemption of unappropriated money from use for general
8	8	governmental purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. DEFINITION. In any provision of this Act that
11	11	does not amend current law, "state agency" means an office,
12	12	institution, or other agency that is in the executive branch of
13	13	state government, has authority that is not limited to a
14	14	geographical portion of the state, and was created by the
15	15	constitution or a statute of this state. The term does not include
16	16	an institution of higher education as defined by Section 61.003,
17	17	Education Code.
18	18	SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
19	19	Except as otherwise specifically provided by this Act, all funds
20	20	and accounts created or re-created in the state treasury by an Act
21	21	of the 81st Legislature, Regular Session, 2009, that becomes law
22	22	and all dedications or rededications of revenue in the state
23	23	treasury or otherwise collected by a state agency for a particular
24	24	purpose by an Act of the 81st Legislature, Regular Session, 2009,
25	25	that becomes law are abolished on the later of August 31, 2009, or
26	26	the date the Act creating or re-creating the fund or account or
27	27	dedicating or rededicating revenue takes effect.
28	28	SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
29	29	ACCOUNTS. Section 2 of this Act does not apply to:
30	30	(1) statutory dedications, funds, and accounts that
31	31	were enacted before the 81st Legislature convened to comply with
32	32	requirements of state constitutional or federal law;
33	33	(2) dedications, funds, or accounts that remained
34	34	exempt from former Section 403.094(h), Government Code, at the time
35	35	dedications, accounts, and funds were abolished under that
36	36	provision;
37	37	(3) increases in fees or in other revenue dedicated as
38	38	described by this section; or
39	39	(4) increases in fees or in other revenue required to
40	40	be deposited in a fund or account described by this section.
41	41	SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
42	42	the later of August 31, 2009, or the date the Act creating or
43	43	re-creating the account takes effect, the following accounts and
44	44	the revenue deposited to the credit of the accounts are exempt from
45	45	Section 2 of this Act and are created in the general revenue fund,
46	46	if created or re-created by an Act of the 81st Legislature, Regular
47	47	Session, 2009, that becomes law:
48	48	(1) the Texas physician health program account created
49	49	as a special account in the general revenue fund by Senate Bill No.
50	50	1331 or similar legislation;
51	51	(2) the Jobs and Education for Texans (JET) fund to be
52	52	created as a dedicated account in the general revenue fund under
53	53	Senate Bill No. 1313, House Bill No. 1935, or similar legislation;
54	54	(3) the Texas local participation transportation fund
55	55	created as a dedicated account in the general revenue fund by Senate
56	56	Bill No. 1383, House Bill No. 3917, or similar legislation;
57	57	(4) the honesty-in-premium account created in the
58	58	general revenue fund by House Bill No. 2750, Senate Bill No. 1257,
59	59	or similar legislation;
60	60	(5) the renewing our communities account created by
61	61	House Bill No. 492 or similar legislation;
62	62	(6) the pretrial victim-offender mediation program
63	63	account created in the general revenue fund by House Bill No. 2139
64	64	or similar legislation;
65	65	(7) the fuel ethanol, renewable methane, and biodiesel
66	66	production account created in the general revenue fund by House
67	67	Bill No. 2318 or similar legislation;
68	68	(8) the Texas nursery and floral account created by
69	69	House Bill No. 3496 or similar legislation; and
70	70	(9) the Texas Rural Investment Fund account created in
71	71	the general revenue fund by House Bill No. 1911, House Bill No.
72	72	3236, Senate Bill No. 1016, Senate Bill No. 1988, or similar
73	73	legislation.
74	74	SECTION 5. REVENUE DEDICATION. Effective on the later of
75	75	August 31, 2009, or the date the Act dedicating or rededicating the
76	76	revenue takes effect, the following dedications or rededications of
77	77	revenue collected by a state agency for a particular purpose are
78	78	exempt from Section 2 of this Act, if dedicated or rededicated by an
79	79	Act of the 81st Legislature, Regular Session, 2009, that becomes
80	80	law:
81	81	(1) all dedications or rededications of revenue to the
82	82	Texas Department of Insurance operating account by any Act,
83	83	including the dedication of fees by Senate Bill No. 1007 or similar
84	84	legislation and the dedication of fees by House Bill No. 4341 or
85	85	similar legislation;
86	86	(2) the dedication of fee revenue by Senate Bill No.
87	87	1414 or similar legislation;
88	88	(3) the dedication of assessments and penalties by
89	89	House Bill No. 77, Senate Bill No. 638, or similar legislation;
90	90	(4) the dedication of revenue by House Bill No. 4110,
91	91	Senate Bill No. 2208, or similar legislation;
92	92	(5) the dedication of proceeds by House Bill No. 4427,
93	93	Senate Bill No. 1774, or similar legislation;
94	94	(6) the dedication of lottery proceeds by Senate Bill
95	95	No. 421, Senate Bill No. 1655, House Bill No. 1299, House Bill No.
96	96	4390, Senate Bill No. 1940, or similar legislation;
97	97	(7) the dedication or rededication of fees by Senate
98	98	Bill No. 1013, House Bill No. 2081, or similar legislation;
99	99	(8) the dedication of court costs by Senate Bill No.
100	100	333 or similar legislation;
101	101	(9) the dedication of tax revenue by House Bill No.
102	102	982, Senate Bill No. 2187, or similar legislation;
103	103	(10) the dedication of revenue by House Bill No. 1684
104	104	or similar legislation;
105	105	(11) the dedication of revenue by House Bill No. 1965
106	106	or similar legislation;
107	107	(12) the dedication of revenue by House Bill No. 2259
108	108	or similar legislation;
109	109	(13) the dedication of fee revenue by Senate Bill No.
110	110	1587, House Bill No. 3359, or similar legislation;
111	111	(14) the dedication or rededication of revenue by
112	112	Senate Bill No. 1844 or similar legislation; and
113	113	(15) the dedication or rededication of revenue by
114	114	Senate Bill No. 862.
115	115	SECTION 6. FEDERAL FUNDS. Section 2 of this Act does not
116	116	apply to funds created pursuant to an Act of the 81st Legislature,
117	117	Regular Session, 2009, for which separate accounting is required by
118	118	federal law, except that the funds shall be deposited in accounts in
119	119	the general revenue fund unless otherwise required by federal law.
120	120	SECTION 7. TRUST FUNDS. (a) Section 2 of this Act does not
121	121	apply to trust funds or dedicated revenue deposited to trust funds
122	122	created under an Act of the 81st Legislature, Regular Session,
123	123	2009, except that the trust funds shall be held in the state
124	124	treasury, with the comptroller in trust, or outside the state
125	125	treasury with the comptroller's approval.
126	126	(b) Section 2 of this Act does not apply to:
127	127	(1) the state-licensed residential mortgage loan
128	128	originator recovery fund created by House Bill No. 10 or similar
129	129	legislation, or to dedicated revenue deposited to that fund;
130	130	(2) the anthropogenic carbon dioxide storage trust
131	131	fund created as a special fund in the state treasury by House Bill
132	132	No. 2669, Senate Bill No. 1387, or similar legislation, or to
133	133	dedicated revenue deposited to that fund; or
134	134	(3) the consumer assistance account created as a
135	135	restitution account in the attorney general's departmental
136	136	suspense account in the state treasury by Senate Bill No. 2350 or
137	137	similar legislation, or to revenue deposited to that account.
138	138	(c) Notwithstanding Subsection (a) of this section, Section
139	139	2 of this Act applies to the system benefit fund and to revenue
140	140	deposited to the credit of that fund if that fund is purported to be
141	141	re-created by House Bill No. 1182 or similar legislation as a trust
142	142	fund.
143	143	SECTION 8. BOND FUNDS. Section 2 of this Act does not apply
144	144	to bond funds and pledged funds created or affected by an Act of the
145	145	81st Legislature, Regular Session, 2009, except that the funds
146	146	shall be held in the state treasury, with the comptroller in trust,
147	147	or outside the state treasury with the comptroller's approval.
148	148	SECTION 9. CONSTITUTIONAL FUNDS. (a) Section 2 of this Act
149	149	does not apply to funds or accounts that would be created or
150	150	re-created by the Texas Constitution or revenue that would be
151	151	dedicated or rededicated by the Texas Constitution under a
152	152	constitutional amendment proposed by the 81st Legislature, Regular
153	153	Session, 2009, or to dedicated revenue deposited to funds or
154	154	accounts that would be so created or re-created, if the
155	155	constitutional amendment is approved by the voters.
156	156	(b) Section 2 of this Act does not apply to the national
157	157	research university fund or any revenue transferred or deposited to
158	158	or dedicated to that fund under House Bill No. 51, House Bill No.
159	159	4453, Senate Bill No. 1560, or similar legislation that becomes
160	160	law.
161	161	SECTION 10. SEPARATE FUNDS IN THE TREASURY. Effective
162	162	September 1, 2009, the following funds in the state treasury and the
163	163	revenue deposited to the credit of the funds are exempt from Section
164	164	2 of this Act and the funds are created as separate funds in the
165	165	state treasury, if created by an Act of the 81st Legislature,
166	166	Regular Session, 2009, that becomes law:
167	167	(1) the floodplain management fund created as a
168	168	special fund in the state treasury outside the general revenue fund
169	169	by House Bill No. 2536 or similar legislation;
170	170	(2) the account created by Senate Bill No. 263 or
171	171	similar legislation for the deposit of proceeds from the sale of the
172	172	bonds to be used for the sole purpose of financing projects
173	173	authorized by Section 222.104, Transportation Code, except that,
174	174	notwithstanding that legislation the fund is created as a separate
175	175	fund outside of the general revenue fund; and
176	176	(3) the freestanding emergency medical care facility
177	177	licensing fund created by House Bill No. 1357 or similar
178	178	legislation.
179	179	SECTION 11. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
180	180	Effective September 1, 2009, Sections 403.095(b), (d), and (e),
181	181	Government Code, are amended to read as follows:
182	182	(b) Notwithstanding any law dedicating or setting aside
183	183	revenue for a particular purpose or entity, dedicated revenues
184	184	that, on August 31, 2011 [2009], are estimated to exceed the amount
185	185	appropriated by the General Appropriations Act or other laws
186	186	enacted by the 81st [80th] Legislature are available for general
187	187	governmental purposes and are considered available for the purpose
188	188	of certification under Section 403.121.
189	189	(d) Following certification of the General Appropriations
190	190	Act and other appropriations measures enacted by the 81st [80th]
191	191	Legislature, the comptroller shall reduce each dedicated account as
192	192	directed by the legislature by an amount that may not exceed the
193	193	amount by which estimated revenues and unobligated balances exceed
194	194	appropriations. The reductions may be made in the amounts and at
195	195	the times necessary for cash flow considerations to allow all the
196	196	dedicated accounts to maintain adequate cash balances to transact
197	197	routine business. The legislature may authorize, in the General
198	198	Appropriations Act, the temporary delay of the excess balance
199	199	reduction required under this subsection. This subsection does not
200	200	apply to revenues or balances in:
201	201	(1) funds outside the treasury;
202	202	(2) trust funds, which for purposes of this section
203	203	include funds that may or are required to be used in whole or in part
204	204	for the acquisition, development, construction, or maintenance of
205	205	state and local government infrastructures, recreational
206	206	facilities, or natural resource conservation facilities;
207	207	(3) funds created by the constitution or a court; or
208	208	(4) funds for which separate accounting is required by
209	209	federal law.
210	210	(e) This section expires on September 1, 2011 [2009].
211	211	SECTION 12. CERTAIN REVENUES DEDICATED TO COMPENSATION TO
212	212	VICTIMS OF CRIME FUND. (a) Section 495.025(c), Government Code, as
213	213	added by Section 1, Chapter 100 (S.B. 1580), Acts of the 80th
214	214	Legislature, Regular Session, 2007, is reenacted to read as
215	215	follows:
216	216	(c) The department shall transfer 50 percent of all
217	217	commissions paid to the department by a vendor under this section to
218	218	the compensation to victims of crime fund established by Subchapter
219	219	B, Chapter 56, Code of Criminal Procedure, and the other 50 percent
220	220	to the credit of the undedicated portion of the general revenue
221	221	fund, except that the department shall transfer the first $10
222	222	million of the commissions collected in any given year under a
223	223	contract awarded under this section to the compensation to victims
224	224	of crime fund established by Subchapter B, Chapter 56, Code of
225	225	Criminal Procedure. This section does not reduce any appropriation
226	226	to the department.
227	227	(b) Revenue dedicated to the compensation to victims of
228	228	crime fund by Section 495.025(c), Government Code, as added by
229	229	Section 1, Chapter 100 (S.B. 1580), Acts of the 80th Legislature,
230	230	Regular Session, 2007, is rededicated to that fund by this section
231	231	and that rededication is exempt from Section 2 of this Act.
232	232	SECTION 13. PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM.
233	233	(a) Section 2 of this Act does not apply to the physician education
234	234	loan repayment program account created as an account in the general
235	235	revenue fund by House Bill No. 2154 or similar legislation or to
236	236	dedicated revenue deposited to that account.
237	237	(b) Notwithstanding provisions of House Bill No. 2154 or
238	238	other law to the contrary, of dedicated revenue directed by
239	239	Sections 61.539 and 61.5391, Education Code, Section 155.2415, Tax
240	240	Code, or other law to be deposited to the physician education loan
241	241	repayment program account described by Subsection (a) of this
242	242	section:
243	243	(1) during the state fiscal year ending August 31,
244	244	2010:
245	245	(A) 15 percent of the amount of that revenue
246	246	described by those provisions shall be deposited to the credit of
247	247	the physician education loan repayment program account; and
248	248	(B) the remainder of that revenue shall be
249	249	deposited to the credit of the undedicated portion of the general
250	250	revenue fund;
251	251	(2) from September 1, 2010, to August 29, 2011:
252	252	(A) 25 percent of the amount of that revenue
253	253	described by those provisions shall be deposited to the credit of
254	254	the physician education loan repayment program account; and
255	255	(B) the remainder of that revenue shall be
256	256	deposited to the credit of the undedicated portion of the general
257	257	revenue fund; and
258	258	(3) on and after August 30, 2011:
259	259	(A) 50 percent of the amount of that revenue
260	260	described by those provisions shall be deposited to the credit of
261	261	the physician education loan repayment program account; and
262	262	(B) the remainder of that revenue shall be
263	263	deposited to the credit of the undedicated portion of the general
264	264	revenue fund.
265	265	SECTION 14. CERTAIN OTHER FUNDS HELD OUTSIDE THE TREASURY.
266	266	Each of the following funds, if created as a fund held outside the
267	267	treasury by an Act of the 81st Legislature, Regular Session, 2009,
268	268	that becomes law, and revenue deposited to the credit of the funds
269	269	are exempt from this Act:
270	270	(1) the Texas transportation revolving fund or any
271	271	similar revolving fund created by or under Senate Bill No. 1350,
272	272	Senate Bill No. 505, Senate Bill No. 263, or similar legislation;
273	273	and
274	274	(2) the neighborhood and community recovery fund
275	275	created by Senate Bill No. 11, House Bill No. 4310, or similar
276	276	legislation.
277	277	SECTION 15. SPECIAL FUND FOR SPECIAL RANGERS. Section 2 of
278	278	this Act does not apply to the special fund established for special
279	279	rangers under House Bill No. 2062, Senate Bill No. 1683, or similar
280	280	legislation of the 81st Legislature, Regular Session, 2009, that
281	281	becomes law, or to proceeds transferred to the fund.
282	282	SECTION 16. CHRIS KYKER ENDOWMENT FOR SENIORS FUND.
283	283	Section 2 of this Act does not apply to the Chris Kyker Endowment
284	284	for Seniors Fund created as a special fund outside the state
285	285	treasury by House Bill No. 610, Senate Bill No. 1230, or similar
286	286	legislation of the 81st Legislature, Regular Session, 2009, that
287	287	becomes law, or to revenue deposited to the fund.
288	288	SECTION 17. TRUST FUND TO BECOME DEDICATED GENERAL REVENUE
289	289	ACCOUNT. Sections 2 and 7 of this Act do not apply to the
290	290	scholarship trust fund or to revenue deposited to the credit of that
291	291	fund. However, if that fund is purported to be created or
292	292	re-created by House Bill No. 2440 or similar legislation as a trust
293	293	fund, the scholarship trust fund is instead created as a dedicated
294	294	account in the general revenue fund.
295	295	SECTION 18. COMPTROLLER'S ESTIMATE OF CERTAIN DEDICATED
296	296	ACCOUNT BALANCES. The comptroller of public accounts shall, in the
297	297	comptroller's statement under Section 49-a, Article III, Texas
298	298	Constitution, to the 82nd Legislature on its convening, include an
299	299	estimate of general revenue dedicated account balances based on the
300	300	laws then in effect, separately identifying those account balances
301	301	available for certification.
302	302	SECTION 19. HEALTHY TEXAS SMALL EMPLOYER PREMIUM
303	303	STABILIZATION FUND. Sections 2 and 7 of this Act do not apply to the
304	304	healthy Texas small employer premium stabilization fund created by
305	305	Senate Bill No. 6 or similar legislation, or to dedicated revenue
306	306	deposited to that account.
307	307	SECTION 20. AMERICAN RECOVERY AND REINVESTMENT ACT FUND.
308	308	(a) Section 2 of this Act does not apply to the American Recovery
309	309	and Reinvestment Act fund created by Subsection (b) of this
310	310	section, or to revenue deposited to the fund.
311	311	(b) Subchapter B, Chapter 403, Government Code, is amended
312	312	by adding Section 403.0122 to read as follows:
313	313	Sec. 403.0122. DEPOSIT OF AMERICAN RECOVERY AND
314	314	REINVESTMENT ACT MONEY. (a) In this section:
315	315	(1) "Fund" means the American Recovery and
316	316	Reinvestment Act fund.
317	317	(2) "Recovery act" means the federal American Recovery
318	318	and Reinvestment Act of 2009 (Pub. L. No. 111-5).
319	319	(b) The American Recovery and Reinvestment Act fund is
320	320	created as a special fund in the state treasury outside the general
321	321	revenue fund.
322	322	(c) Notwithstanding any other law of this state and except
323	323	as otherwise provided by federal law, state agencies that receive
324	324	money under the recovery act shall deposit the money to the credit
325	325	of the fund as the comptroller determines is necessary to hold and
326	326	account for money received under the recovery act.
327	327	(d) Other money may be deposited to the credit of the fund as
328	328	appropriated by the legislature, as required by federal law, or as
329	329	necessary to account for money related to the recovery act. Money
330	330	deposited to the credit of the fund may only be used for the
331	331	purposes identified in the recovery act to stimulate the economy,
332	332	including aid for unemployment, welfare, education, health, and
333	333	infrastructure.
334	334	(e) Agencies shall transfer amounts between the fund and
335	335	other accounts and funds in the treasury as necessary to properly
336	336	account for money received under the recovery act as directed by the
337	337	comptroller. This section does not affect the authority of the
338	338	comptroller to establish and use accounts necessary to manage and
339	339	account for revenues and expenditures.
340	340	(f) Interest earned on money deposited to the credit of the
341	341	fund is exempt from Section 404.071. Interest earned on money in
342	342	the fund shall be retained in the fund.
343	343	(g) The comptroller may issue guidelines for state agencies
344	344	regarding the implementation of this section.
345	345	SECTION 21. LICENSE PLATES. Sections 2 and 7 of this Act do
346	346	not apply to the dedication or rededication of specialty license
347	347	plate revenue or to an account or fund created or re-created by an
348	348	Act of the 81st Legislature, Regular Session, 2009, that becomes
349	349	law involving a specialty license plate.
350	350	SECTION 22. LARGE COUNTY AND MUNICIPALITY RECREATION AND
351	351	PARKS ACCOUNT. (a) On the effective date of this Act, the large
352	352	county and municipality recreation and parks account, established
353	353	by Section 39, Chapter 1159 (H.B. 12), Acts of the 80th Legislature,
354	354	Regular Session, 2007, is re-created by this section as an account
355	355	in the general revenue fund.
356	356	(b) The large county and municipality recreation and parks
357	357	account and the revenue deposited to the credit of the account are
358	358	exempt from Section 2 of this Act.
359	359	SECTION 23. EFFECT OF ACT. (a) This Act prevails over any
360	360	other Act of the 81st Legislature, Regular Session, 2009,
361	361	regardless of the relative dates of enactment, that purports to
362	362	create or re-create a special fund or account in the state treasury
363	363	or to dedicate or rededicate revenue to a particular purpose,
364	364	including any fund, account, or revenue dedication abolished under
365	365	former Section 403.094, Government Code.
366	366	(b) Revenue that, under the terms of another Act of the 81st
367	367	Legislature, Regular Session, 2009, would be deposited to the
368	368	credit of a special account or fund shall be deposited to the credit
369	369	of the undedicated portion of the general revenue fund unless the
370	370	fund, account, or dedication is exempted under this Act.
371	371	SECTION 24. EFFECTIVE DATE. This Act takes effect
372	372	immediately if it receives a vote of two-thirds of all the members
373	373	elected to each house, as provided by Section 39, Article III, Texas
374	374	Constitution. If this Act does not receive the vote necessary for
375	375	immediate effect, this Act takes effect on the 91st day after the
376	376	last day of the legislative session.
377	377	______________________________ ______________________________
378	378	President of the Senate Speaker of the House
379	379	I certify that H.B. No. 4583 was passed by the House on May
380	380	15, 2009, by the following vote: Yeas 140, Nays 1, 1 present, not
381	381	voting; that the House refused to concur in Senate amendments to
382	382	H.B. No. 4583 on May 29, 2009, and requested the appointment of a
383	383	conference committee to consider the differences between the two
384	384	houses; and that the House adopted the conference committee report
385	385	on H.B. No. 4583 on May 31, 2009, by the following vote: Yeas 144,
386	386	Nays 0, 1 present, not voting.
387	387	______________________________
388	388	Chief Clerk of the House
389	389	I certify that H.B. No. 4583 was passed by the Senate, with
390	390	amendments, on May 27, 2009, by the following vote: Yeas 31, Nays
391	391	0; at the request of the House, the Senate appointed a conference
392	392	committee to consider the differences between the two houses; and
393	393	that the Senate adopted the conference committee report on H.B. No.
394	394	4583 on May 31, 2009, by the following vote: Yeas 31, Nays 0.
395	395	______________________________
396	396	Secretary of the Senate
397	397	APPROVED: __________________
398	398	Date
399	399	__________________
400	400	Governor