By: Duncan S.B. No. 2567
(In the Senate - Filed April 29, 2009; April 29, 2009, read
first time and referred to Committee on Finance; May 5, 2009,
reported favorably by the following vote: Yeas 8, Nays 0;
May 5, 2009, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 FUNDS. (a) The American Recovery and
Reinvestment Act fund (ARRA fund) is created as a special fund in
the state treasury outside the general revenue fund.
Notwithstanding any state law to the contrary and except as
otherwise provided by federal law, state agencies that receive
money under the American Recovery and Reinvestment Act of 2009
(Pub. L. No. 111-5) (ARRA) shall deposit such money in the ARRA fund
as the comptroller determines is necessary to hold and account for
ARRA funds.
(b) Additional funds may be deposited into the ARRA fund as
appropriated by the legislature, required by federal law, or as the
comptroller determines is necessary to account for ARRA related
funds. Funds deposited into the ARRA fund may only be used for the
purposes identified in the ARRA to stimulate the economy, including
aid for unemployment, welfare, education, health, and
infrastructure.
(c) Agencies shall transfer amounts between the ARRA fund
and other accounts and funds as the comptroller determines is
necessary to properly account for ARRA funds. This section does not
affect the authority of the comptroller to establish and use
accounts necessary to manage and account for revenues and
expenditures.
(d) Interest earned on funds deposited into the ARRA fund is
exempt from Section 404.071, and shall be retained in the fund.
(e) The comptroller may issue guidelines for state agencies
regarding the implementation of the provisions of this section.
SECTION 2. Subsection (d), Section 403.0551, Government
Code, is amended to read as follows:
(d) This section does not authorize the comptroller to
deduct the amount of a state employee's indebtedness to a state
agency from any amount of compensation owed by the agency to the
employee, the employee's successor, or the assignee of the employee
or successor. In this subsection, "compensation" has the meaning
assigned by Section 403.055, and ["compensation,"] "indebtedness,"
"state agency," "state employee," and "successor" have the meanings
assigned by Section 666.001.
SECTION 3. Subsection (a), Section 661.062, Government
Code, is amended to read as follows:
(a) A state employee who, at any time during the employee's
lifetime, has accrued six months of continuous state employment and
who resigns, is dismissed, or otherwise separates from state
employment by a state agency other than an institution of higher
education is entitled to be paid for the accrued balance of the
employee's vacation time as of the date of separation, if the
individual is not reemployed by the state in a position under which
the employee accrues vacation leave for one calendar month [during
the 30-day period] immediately following the date of separation
from state employment. A state employee who, at any time during the
employee's lifetime, has accrued six months of continuous state
employment and who resigns, is dismissed, or otherwise separates
from state employment by an institution of higher education is
entitled to be paid for the accrued balance of the employee's
vacation time as of the date of separation.
SECTION 4. 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.
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