Texas 2009 - 81st Regular

Texas Senate Bill SB1922 Compare Versions

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

Old	New	Differences
1	1	81R10494 JJT-D
2	2	By: Ogden S.B. No. 1922
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the creation and re-creation of funds and accounts in
8	8	the state treasury, the dedication and rededication of revenue, and
9	9	the exemption of unappropriated money from use for general
10	10	governmental purposes.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. DEFINITION. In any provision of this Act that
13	13	does not amend current law, "state agency" means an office,
14	14	institution, or other agency that is in the executive branch of
15	15	state government, has authority that is not limited to a
16	16	geographical portion of the state, and was created by the
17	17	constitution or a statute of this state. The term does not include
18	18	an institution of higher education as defined by Section 61.003,
19	19	Education Code.
20	20	SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
21	21	Except as otherwise specifically provided by this Act, all funds
22	22	and accounts created or re-created in the state treasury by an Act
23	23	of the 81st Legislature, Regular Session, 2009, that becomes law
24	24	and all dedications or rededications of revenue in the state
25	25	treasury or otherwise collected by a state agency for a particular
26	26	purpose by an Act of the 81st Legislature, Regular Session, 2009,
27	27	that becomes law are abolished on the later of August 31, 2009, or
28	28	the date the Act creating or re-creating the fund or account or
29	29	dedicating or rededicating revenue takes effect.
30	30	SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
31	31	ACCOUNTS. Section 2 of this Act does not apply to:
32	32	(1) statutory dedications, funds, and accounts that
33	33	were enacted before the 81st Legislature convened to comply with
34	34	requirements of state constitutional or federal law;
35	35	(2) dedications, funds, or accounts that remained
36	36	exempt from former Section 403.094(h), Government Code, at the time
37	37	dedications, accounts, and funds were abolished under that
38	38	provision;
39	39	(3) increases in fees or in other revenue dedicated as
40	40	described by this section; or
41	41	(4) increases in fees or in other revenue required to
42	42	be deposited in a fund or account described by this section.
43	43	SECTION 4. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
44	44	the later of August 31, 2009, or the date the Act creating or
45	45	re-creating the account takes effect, the following account and the
46	46	revenue deposited to the credit of the account is exempt from
47	47	Section 2 of this Act and is created in the general revenue fund, if
48	48	created or re-created by an Act of the 81st Legislature, Regular
49	49	Session, 2009, that becomes law:
50	50	(1) the elderly and disabled persons account created
51	51	by House Bill No. 216 or similar legislation.
52	52	SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective on the later
53	53	of August 31, 2009, or the date the Act creating or re-creating the
54	54	fund takes effect, the following fund in the state treasury or fund
55	55	otherwise with the comptroller is re-created as an account in the
56	56	general revenue fund, to the extent allowed by the Texas
57	57	Constitution, and the account and the revenue deposited to the
58	58	credit of the account are exempt from Section 2 of this Act, if
59	59	created or re-created by an Act of, or constitutional amendment
60	60	proposed by, the 81st Legislature, Regular Session, 2009, that
61	61	becomes law or is approved by the voters, as applicable:
62	62	(1) the assistant public defender supplement fund
63	63	created by House Bill No. 199 or similar legislation.
64	64	SECTION 6. REVENUE DEDICATION. Effective on the later of
65	65	August 31, 2009, or the date the Act dedicating or rededicating the
66	66	revenue takes effect, the following dedication or rededication of
67	67	revenue collected by a state agency for a particular purpose is
68	68	exempt from Section 2 of this Act, if dedicated or rededicated by an
69	69	Act of the 81st Legislature, Regular Session, 2009, that becomes
70	70	law:
71	71	(1) the dedication of the fee created by House Bill No.
72	72	1212, or similar legislation, for the purpose of updating,
73	73	developing, and maintaining the state index of marriage license
74	74	applications and declarations of informal marriage and the state
75	75	index of reports of divorces or annulments of marriage.
76	76	SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not
77	77	apply to funds created pursuant to an Act of the 81st Legislature,
78	78	Regular Session, 2009, for which separate accounting is required by
79	79	federal law, except that the funds shall be deposited in accounts in
80	80	the general revenue fund unless otherwise required by federal law.
81	81	SECTION 8. TRUST FUNDS. Section 2 of this Act does not
82	82	apply to trust funds or dedicated revenue deposited to trust funds
83	83	created under an Act of the 81st Legislature, Regular Session,
84	84	2009, except that the trust funds shall be held in the state
85	85	treasury, with the comptroller in trust, or outside the state
86	86	treasury with the comptroller's approval.
87	87	SECTION 9. BOND FUNDS. Section 2 of this Act does not apply
88	88	to bond funds and pledged funds created or affected by an Act of the
89	89	81st Legislature, Regular Session, 2009, except that the funds
90	90	shall be held in the state treasury, with the comptroller in trust,
91	91	or outside the state treasury with the comptroller's approval.
92	92	SECTION 10. CONSTITUTIONAL FUNDS. Section 2 of this Act
93	93	does not apply to funds or accounts that would be created or
94	94	re-created by the Texas Constitution or revenue that would be
95	95	dedicated or rededicated by the Texas Constitution under a
96	96	constitutional amendment proposed by the 81st Legislature, Regular
97	97	Session, 2009, or to dedicated revenue deposited to funds or
98	98	accounts that would be so created or re-created, if the
99	99	constitutional amendment is approved by the voters.
100	100	SECTION 11. SEPARATE FUNDS IN THE TREASURY. Effective
101	101	September 1, 2009, the following fund in the state treasury and the
102	102	revenue deposited to the credit of the fund is exempt from Section 2
103	103	of this Act and is created as a separate fund in the state treasury,
104	104	if created by an Act of the 81st Legislature, Regular Session, 2009,
105	105	that becomes law:
106	106	(1) the freestanding emergency medical care facility
107	107	licensing fund created by House Bill No. 1357 or similar
108	108	legislation.
109	109	SECTION 12. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
110	110	Effective September 1, 2009, Sections 403.095(b), (d), and (e),
111	111	Government Code, are amended to read as follows:
112	112	(b) Notwithstanding any law dedicating or setting aside
113	113	revenue for a particular purpose or entity, dedicated revenues
114	114	that, on August 31, 2011 [2009], are estimated to exceed the amount
115	115	appropriated by the General Appropriations Act or other laws
116	116	enacted by the 81st [80th] Legislature are available for general
117	117	governmental purposes and are considered available for the purpose
118	118	of certification under Section 403.121.
119	119	(d) Following certification of the General Appropriations
120	120	Act and other appropriations measures enacted by the 81st [80th]
121	121	Legislature, the comptroller shall reduce each dedicated account as
122	122	directed by the legislature by an amount that may not exceed the
123	123	amount by which estimated revenues and unobligated balances exceed
124	124	appropriations. The reductions may be made in the amounts and at
125	125	the times necessary for cash flow considerations to allow all the
126	126	dedicated accounts to maintain adequate cash balances to transact
127	127	routine business. The legislature may authorize, in the General
128	128	Appropriations Act, the temporary delay of the excess balance
129	129	reduction required under this subsection. This subsection does
130	130	not apply to revenues or balances in:
131	131	(1) funds outside the treasury;
132	132	(2) trust funds, which for purposes of this section
133	133	include funds that may or are required to be used in whole or in part
134	134	for the acquisition, development, construction, or maintenance of
135	135	state and local government infrastructures, recreational
136	136	facilities, or natural resource conservation facilities;
137	137	(3) funds created by the constitution or a court; or
138	138	(4) funds for which separate accounting is required by
139	139	federal law.
140	140	(e) This section expires on September 1, 2011 [2009].
141	141	SECTION 13. CERTAIN REVENUES DEDICATED TO COMPENSATION TO
142	142	VICTIMS OF CRIME FUND. (a) Section 495.025(c), Government Code, as
143	143	added by Section 1, Chapter 100 (S.B. 1580), Acts of the 80th
144	144	Legislature, Regular Session, 2007, is reenacted to read as
145	145	follows:
146	146	(c) The department shall transfer 50 percent of all
147	147	commissions paid to the department by a vendor under this section to
148	148	the compensation to victims of crime fund established by Subchapter
149	149	B, Chapter 56, Code of Criminal Procedure, and the other 50 percent
150	150	to the credit of the undedicated portion of the general revenue
151	151	fund, except that the department shall transfer the first $10
152	152	million of the commissions collected in any given year under a
153	153	contract awarded under this section to the compensation to victims
154	154	of crime fund established by Subchapter B, Chapter 56, Code of
155	155	Criminal Procedure. This section does not reduce any appropriation
156	156	to the department.
157	157	(b) Revenues dedicated to the compensation to victims of
158	158	crime fund by Section 495.025(c), Government Code, as added by
159	159	Section 1, Chapter 100 (S.B. 1580), Acts of the 80th Legislature,
160	160	Regular Session, 2007, is rededicated to that fund by this section
161	161	and that rededication is exempt from Section 2 of this Act.
162	162	SECTION 14. EFFECT OF ACT. (a) This Act prevails over any
163	163	other Act of the 81st Legislature, Regular Session, 2009,
164	164	regardless of the relative dates of enactment, that purports to
165	165	create or re-create a special fund or account in the state treasury
166	166	or to dedicate or rededicate revenue to a particular purpose,
167	167	including any fund, account, or revenue dedication abolished under
168	168	former Section 403.094, Government Code.
169	169	(b) Revenues that, under the terms of another Act of the
170	170	81st Legislature, Regular Session, 2009, would be deposited to the
171	171	credit of a special account or fund shall be deposited to the credit
172	172	of the undedicated portion of the general revenue fund unless the
173	173	fund, account, or dedication is exempted under this Act.
174	174	SECTION 15. EFFECTIVE DATE. This Act takes effect
175	175	immediately if it receives a vote of two-thirds of all the members
176	176	elected to each house, as provided by Section 39, Article III, Texas
177	177	Constitution. If this Act does not receive the vote necessary for
178	178	immediate effect, this Act takes effect on the 91st day after the
179	179	last day of the legislative session.