81R357 JRD-D
By: Watson S.B. No. 736
A BILL TO BE ENTITLED
AN ACT
relating to the funds consolidation process and the use of state
revenue dedicated by law for a particular purpose.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. 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 2. (a) It is the intent of the legislature that:
(1) revenue dedicated by law for a particular purpose
or entity should be expended in accordance with the law dedicating
the revenue;
(2) the amendment of Section 403.095, Government Code,
by this Act to provide that Section 403.095 expires September 1,
2011, is the final extension of the expiration date of Section
403.095 and is made solely to allow for an orderly transition in the
management of state funds; and
(3) Section 403.095, Government Code, should finally
expire on September 1, 2011.
(b) The comptroller of public accounts shall, in the
comptroller's statement under Section 49a, Article III, Texas
Constitution, to the 82nd Legislature on its convening, include an
itemized estimate of the anticipated revenue based on the laws then
in effect that will be received by and for the state from all
sources on the assumption that Section 403.095, Government Code,
will be allowed to finally expire September 1, 2011. The estimate
must show the fund accounts to be credited during the succeeding
biennium based on that assumption.
SECTION 3. Subchapter D, Chapter 316, Government Code, is
repealed.
SECTION 4. This Act takes effect September 1, 2009.