82R1799 JE-D
By: Burnam H.B. No. 465
A BILL TO BE ENTITLED
AN ACT
relating to abolishing the Texas Enterprise Fund, the Texas
emerging technology fund, the Pan American Games trust fund, the
Olympic Games trust fund, and a major events trust fund, a motor
sports racing trust fund, and an events trust fund for sporting and
non-sporting events.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Sections 481.078 and 481.080, Government
Code, are repealed.
(b) The repeal by this Act of Sections 481.078 and 481.080,
Government Code, does not affect the validity of any agreement
between the governor and a grant recipient or entity to be awarded a
grant entered into under Section 481.078 before the effective date
of this Act.
(c) On the effective date of this Act, the Texas Enterprise
Fund is abolished and the unexpended and unencumbered money from
that fund is available in the general revenue fund and may be used
in accordance with legislative appropriation.
(d) After the effective date of this Act, unspent but
encumbered money in the Texas Enterprise Fund at the time the fund
was abolished is in the general revenue fund. If the money was
deposited in the Texas Enterprise Fund as a gift, grant, or donation
under Section 481.078(b)(3), Government Code, and is encumbered by
the specific terms of the gift, grant, or donation, the money may be
spent only in accordance with the terms of the gift, grant, or
donation. If the money is encumbered because it has been awarded or
otherwise obligated by agreement before the effective date of this
Act but under the terms of the award or agreement will not be
distributed until a future time, the money shall be distributed in
accordance with the terms of the award or agreement. If the
governor determines that the money will not be distributed in
accordance with the terms of the award or agreement, the governor
shall certify that fact to the comptroller. On that certification,
the comptroller shall make that money available in the general
revenue fund to be used in accordance with legislative
appropriation.
(e) Section 481.078, Government Code, is continued in
effect for the limited purpose of supplying the necessary authority
to administer Subsection (d) of this section.
SECTION 2. (a) Subchapters A, B, C, D, E, F, and G, Chapter
490, Government Code, are repealed.
(b) The repeal by this Act of Subchapters A, B, C, D, E, F,
and G, Chapter 490, Government Code, does not affect the validity of
any agreement between the governor and an award recipient or a
person or entity to be awarded money entered into under those
subchapters before the effective date of this Act.
(c) On the effective date of this Act, the Texas emerging
technology fund is abolished and the unexpended and unencumbered
money from that fund is available in the general revenue fund and
may be used in accordance with legislative appropriation.
(d) After the effective date of this Act, unspent but
encumbered money in the Texas emerging technology fund at the time
the fund was abolished is in the general revenue fund. If the money
was deposited in the Texas emerging technology fund as a gift,
grant, or donation under Chapter 490, Government Code, and is
encumbered by the specific terms of the gift, grant, or donation,
the money may be spent only in accordance with the terms of the
gift, grant, or donation. If the money is encumbered because it has
been awarded or otherwise obligated by agreement before the
effective date of this Act but under the terms of the award or
agreement will not be distributed until a future time, the money
shall be distributed in accordance with the terms of the award or
agreement. If the governor determines that the money will not be
distributed in accordance with the terms of the award or agreement,
the governor shall certify that fact to the comptroller. On that
certification, the comptroller shall make that money available in
the general revenue fund to be used in accordance with legislative
appropriation.
(e) After the effective date of this Act, any royalties,
revenues, and other financial benefits realized from a project
undertaken with money from the Texas emerging technology fund, as
provided by a contract entered into under Section 490.103,
Government Code, shall be deposited into the general revenue fund.
(f) Subchapters A, B, C, D, E, F, and G, Chapter 490,
Government Code, are continued in effect for the limited purpose of
supplying the necessary authority to administer Subsections (d) and
(e) of this section.
SECTION 3. (a) On the effective date of this Act:
(1) Chapter 1507 (S.B. 456), Acts of the 76th
Legislature, Regular Session, 1999 (Article 5190.14, Vernon's
Texas Civil Statutes), is repealed; and
(2) the following trust funds established under that
chapter are abolished:
(A) the Pan American Games trust fund;
(B) the Olympic Games trust fund;
(C) a major events trust fund;
(D) a motor sports racing trust fund; and
(E) an events trust fund.
(b) The applicable provisions of Chapter 1507, (S.B. 456),
Acts of the 76th Legislature, Regular Session, 1999 (Article
5190.14, Vernon's Texas Civil Statutes), as that chapter existed
immediately before the effective date of this Act, including any
applicable trust funds established under that chapter, remain in
effect as those provisions apply in relation to the particular
games or events described by this subsection until all money from
the trust funds for the particular games or events has been
disbursed and all obligations under those games support contracts
or event support contracts have been satisfied. This subsection
applies only if, before the effective date of this Act:
(1) pursuant to an application by a local organizing
committee, endorsing municipality, or endorsing county, a site
selection organization selects a site in this state for particular
games or a particular event to which Chapter 1507 applies; and
(2) one or more games support contracts or event
support contracts for the particular games or event have been
entered into.
(c) The repeal by this Act of Chapter 1507 (S.B. 456), Acts
of the 76th Legislature, Regular Session, 1999 (Article 5190.14,
Vernon's Texas Civil Statutes), does not apply to an offense
committed under that chapter before the effective date of this Act.
An offense committed before the effective date of this Act is
governed by that chapter as it existed on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this subsection, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 4. Section 204.123, Labor Code, is amended to read
as follows:
Sec. 204.123. TRANSFER TO [TEXAS ENTERPRISE FUND,] SKILLS
DEVELOPMENT FUND, TRAINING STABILIZATION FUND, AND COMPENSATION
FUND. (a) If, on September 1 of a year, the commission determines
that the amount in the compensation fund will exceed 100 percent of
its floor as computed under Section 204.061 on the next October 1
computation date, the commission shall transfer from the holding
fund created under Section 204.122:
(1) [from] the first $160 million deposited in the
holding fund in any state fiscal biennium[:
[(A) during the state fiscal biennium ending
August 31, 2007:
[(i) 67 percent to the Texas Enterprise
Fund created under Section 481.078, Government Code, except that
the amount transferred under this paragraph may not exceed the
amount appropriated by the legislature to the Texas Enterprise Fund
in that biennium; and
[(ii) 33 percent to the skills development
fund created under Section 303.003, except that the amount
transferred under this paragraph may not exceed the amount
appropriated by the legislature to the skills development program
strategies and activities in that biennium; and
[(B) during any state fiscal biennium beginning
on or after September 1, 2007:
[(i) 75 percent to the Texas Enterprise
Fund created under Section 481.078, Government Code, except that
the amount transferred under this paragraph may not exceed the
amount appropriated by the legislature to the Texas Enterprise Fund
in that biennium; and
[(ii) 25 percent] to the skills development
fund created under Section 303.003, except that the amount
transferred under this subdivision [paragraph] may not exceed the
amount appropriated by the legislature to the skills development
program strategies and activities in that biennium; and
(2) any remaining amount in the holding fund after the
distribution under Subdivision (1) to the training stabilization
fund created under Section 302.101.
(b) If, on September 1 of a year, the commission determines
that the amount in the compensation fund will be at or below 100
percent of its floor as computed under Section 204.061 on the next
October 1 computation date, the commission shall transfer to the
compensation fund as much of the amount in the holding fund as is
necessary to raise the amount in the compensation fund to 100
percent of its floor, up to and including the entire amount in the
holding fund. The commission shall transfer any remaining balance
in the holding fund to [the Texas Enterprise Fund,] the skills
development fund[,] and the training stabilization fund as [in the
percentages] prescribed by Subsection (a).
SECTION 5. Sections 302.101(b) and (c), Labor Code, are
amended to read as follows:
(b) Money in the training stabilization fund may be used in
a year in which the amounts in the employment and training
investment holding fund are insufficient to meet the legislative
appropriation for that fiscal year for [either the Texas Enterprise
Fund or] the skills development program strategies and activities.
(c) Money in the training stabilization fund shall be
transferred to [the Texas Enterprise Fund and] the skills
development fund under Subsection (b) not later than September 30.
[The transfer under Subsection (b) shall consist of transferring 67
percent of the money in the training stabilization fund to the Texas
Enterprise Fund and 33 percent of the money in the training
stabilization fund to the skills development fund.] The amount
transferred from the training stabilization fund may not exceed the
amount [amounts] appropriated to the [Texas Enterprise Fund and]
skills development program strategies and activities in the fiscal
year in which the transfer is made.
SECTION 6. This Act takes effect September 1, 2011.