82R1798 JE-D
By: Burnam H.B. No. 466
A BILL TO BE ENTITLED
AN ACT
relating to the authority to enter into certain agreements relating
to the Texas Enterprise Fund, the Texas emerging technology fund,
or certain trust funds for sporting and non-sporting events and the
money in those funds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. (a) Notwithstanding any other law, the governor
may not enter into an agreement to award a grant from the Texas
Enterprise Fund under Section 481.078, Government Code, after
August 31, 2011, and before September 1, 2015.
(b) Subsection (a) of this section 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, Government Code, before the effective date of this Act.
(c) On the effective date of this Act, the unspent and
unencumbered money in the Texas Enterprise Fund is available in the
general revenue fund and may be used in accordance with legislative
appropriation.
(d) On or after the effective date of this Act, if money in
the Texas Enterprise Fund is unspent but 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. This subsection expires August 31, 2015.
SECTION 2. (a) Notwithstanding any other law, the governor
may not enter into an agreement to make an award under Chapter 490,
Government Code, after August 31, 2011, and before September 1,
2015.
(b) Subsection (a) of this section 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 Chapter 490, Government Code, before the effective date of
this Act.
(c) On the effective date of this Act, the unspent and
unencumbered money in the Texas emerging technology fund is
available in the general revenue fund and may be used in accordance
with legislative appropriation.
(d) On or after the effective date of this Act, if money in
the Texas emerging technology fund is unspent but 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. This subsection expires August 31, 2015.
(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.
This subsection expires August 31, 2015.
SECTION 3. (a) Notwithstanding any other law, the Economic
Development and Tourism division of the governor's office, an
endorsing county, an endorsing municipality, or a local organizing
committee, as those terms are defined by Chapter 1507 (S.B. 456),
Acts of the 76th Legislature, Regular Session, 1999 (Article
5190.14, Vernon's Texas Civil Statutes), may not enter into a games
support contract or event support contract after August 31, 2011,
and before September 1, 2015, that obligates the state, county, or
municipality to support an event with revenue from a fund
established under that chapter.
(b) Subsection (a) of this section does not affect the
validity of a games support contract or event support contract
entered into before the effective date of this Act.
(c) No revenue may be deposited after August 31, 2011, and
before September 1, 2015, into a fund established under Chapter
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes), that is not
related to a games support contract or event support contract
entered into before the effective date of this Act.
(d) In this section, "event support contract" and "games
support contract" have the meanings assigned those terms by Chapter
1507 (S.B. 456), Acts of the 76th Legislature, Regular Session,
1999 (Article 5190.14, Vernon's Texas Civil Statutes).
SECTION 4. Section 204.123(a), Labor Code, is amended to
read as follows:
(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, 2013, and during the state fiscal biennium ending August
31, 2015, 100 [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, 2015 [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 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.
SECTION 5. Section 302.101, Labor Code, is amended by
adding Subsection (e) to read as follows:
(e) Notwithstanding Subsections (b) and (c), money in the
training stabilization fund may not be used or transferred to the
Texas Enterprise Fund. The money may be transferred to the skills
development fund in an amount that does not exceed the amounts
appropriated to the skills development program strategies and
activities in the fiscal year in which the transfer is made. This
subsection expires August 31, 2015.
SECTION 6. This Act takes effect September 1, 2011.