By: Ogden S.B. No. 1588
(Pitts)
Substitute the following for S.B. No. 1588: No.
A BILL TO BE ENTITLED
AN ACT
relating to the creation and re-creation of funds and accounts, the
dedication and rededication of revenue, and the exemption of
unappropriated money from use for general governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In any provision of this Act that
does not amend current law, "state agency" means an office,
institution, or other agency that is in the executive branch or
judicial branch of state government, has authority that is not
limited to a geographical portion of the state, and was created by
the constitution or a statute of this state. The term does not
include an institution of higher education as defined by Section
61.003, Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created by an Act of the 82nd
Legislature, Regular Session, 2011, that becomes law and all
dedications or rededications of revenue or otherwise collected by a
state agency for a particular purpose by an Act of the 82nd
Legislature, Regular Session, 2011, that becomes law are abolished
on the later of August 31, 2011, or the date the Act creating or
re-creating the fund or account or dedicating or rededicating
revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 82nd Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Subsection (h), Section 403.094, Government
Code, at the time dedications, accounts, and funds were abolished
under that provision;
(3) increases in fees or in other revenue dedicated as
described by this section; or
(4) increases in fees or in other revenue required to
be deposited in a fund or account described by this section.
SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created pursuant to an Act of the 82nd Legislature,
Regular Session, 2011, for which separate accounting is required by
federal law, except that the funds shall be deposited in accounts in
the general revenue fund unless otherwise required by federal law.
SECTION 5. TRUST FUNDS. Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 82nd Legislature, Regular Session,
2011, except that the trust funds shall be held in the state
treasury, with the comptroller of public accounts in trust, or
outside the state treasury with the comptroller's approval.
SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the
82nd Legislature, Regular Session, 2011, except that the funds
shall be held in the state treasury, with the comptroller of public
accounts in trust, or outside the state treasury with the
comptroller's approval.
SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does
not apply to funds or accounts that would be created or re-created
by the Texas Constitution or revenue that would be dedicated or
rededicated by the Texas Constitution under a constitutional
amendment proposed by the 82nd Legislature, Regular Session, 2011,
or to dedicated revenue deposited to funds or accounts that would be
so created or re-created, if the constitutional amendment is
approved by the voters.
SECTION 8. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE FEES.
Section 2 of this Act does not apply to a new account created in the
general revenue fund for receipt of fees for special license plates
or for receipt of related revenue, gifts, or grants as provided by
an Act of the 82nd Legislature, Regular Session, 2011, or to the
dedication of revenue to or contained in the new account.
SECTION 9. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS,
OR REVENUES. Section 2 of this Act does not apply to a newly
authorized dedication of or use of a dedicated fund, a dedicated
account, or dedicated revenues as provided by an Act of the 82nd
Legislature, Regular Session, 2011, to the extent that Act affects
a fund, an account, or revenues that were exempted from funds
consolidation before January 1, 2011. A dedicated fund, a dedicated
account, or dedicated revenues that were exempted from funds
consolidation before January 1, 2011, may be used as an Act of the
82nd Legislature, Regular Session, 2011, provides, and a change in
the name or authorized use of a previously exempted dedicated fund
or account does not affect the fund's or account's dedicated nature.
SECTION 10. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of the effective date of the Act creating or re-creating
the account or August 31, 2011, the following accounts and the
revenue deposited to the credit of the accounts are exempt from
Section 2 of this Act and are created in the general revenue fund,
if created or re-created by an Act of the 82nd Legislature, Regular
Session, 2011, that becomes law:
(1) the driver's license system improvement account
created as a dedicated account in the general revenue fund by Senate
Bill No. 9, Senate Bill No. 1583, or similar legislation;
(2) the judicial and court personnel training fund
created as a dedicated account in the general revenue fund by Senate
Bill No. 1582, Senate Bill No. 1811, House Bill No. 3648, or similar
legislation;
(3) the oil and gas regulation and cleanup fund
created by Senate Bill No. 655, Senate Bill No. 1584, House Bill No.
3106, or similar legislation, except that, regardless of any
provision of that legislation, the oil and gas regulation and
cleanup fund is created as a dedicated account in the general
revenue fund;
(4) the fund for veterans' assistance re-created as a
special fund in the state treasury outside the general revenue fund
by Senate Bill No. 1635, Senate Bill No. 1739, House Bill No. 1172,
House Bill No. 3179, or similar legislation; and
(5) the judicial access and improvement account
created as a dedicated account in the general revenue fund by Senate
Bill No. 1811, House Bill No. 2174, or similar legislation.
SECTION 11. REVENUE DEDICATION. Effective on the later of
the effective date of the Act dedicating or rededicating the
revenue or August 31, 2011, the following dedications or
rededications of revenue collected by a state agency for a
particular purpose are exempt from Section 2 of this Act, if
dedicated or rededicated by an Act of the 82nd Legislature, Regular
Session, 2011, that becomes law:
(1) the dedication of all fees to be deposited to the
credit of the driver's license system improvement account as
provided by Senate Bill No. 9, Senate Bill No. 1583, or similar
legislation;
(2) the dedication of amounts to be deposited to the
credit of the charter district bond guarantee reserve fund as
provided by Senate Bill No. 597, House Bill No. 1437, or similar
legislation;
(3) the dedication of charges collected under
Subsection (g), Section 151.158, Tax Code, as provided by Senate
Bill No. 776, Senate Bill No. 1811, or similar legislation;
(4) the dedication of the additional annual fee to be
deposited to the credit of the scholarship trust fund for
fifth-year accounting students as provided by Senate Bill No. 777,
House Bill No. 1521, or similar legislation;
(5) the dedication of fees imposed under Subsection
(a), Section 2054.380, Government Code, as provided by Senate Bill
No. 1579, House Bill No. 3665, or similar legislation;
(6) the dedication of fees to be charged for process
server certification and renewal of certification as provided by
Senate Bill No. 1582, Senate Bill No. 1811, House Bill No. 1614,
House Bill No. 3648, or similar legislation;
(7) all dedications of revenue for deposit to the
credit of the oil and gas regulation and cleanup fund as provided by
Senate Bill No. 655, Senate Bill No. 1584, House Bill No. 3106, or
similar legislation;
(8) the dedication of the enrollment fees to be
deposited to the credit of the employees life, accident, and health
insurance and benefits fund under Section 1551.3076, Insurance
Code, as provided by Senate Bill No. 1664, Senate Bill No. 1811, or
similar legislation;
(9) the dedication of contributions made under Section
502.1746, Transportation Code, as provided by Senate Bill No. 1635,
House Bill No. 3179, or similar legislation;
(10) the dedication of contributions, gifts, grants,
and promotional campaign proceeds received by the Parks and
Wildlife Department under Subchapter J-1, Chapter 11, Parks and
Wildlife Code, as provided by Senate Bill No. 1584, House Bill No.
1300, House Bill No. 3418, or similar legislation;
(11) the dedication of licensing fees received under
Section 13.0155, Parks and Wildlife Code, as provided by Senate
Bill No. 1584, House Bill No. 1300, House Bill No. 3418, or similar
legislation;
(12) the dedication of contributions received under
Section 502.1747, Transportation Code, as provided by Senate Bill
No. 1584, House Bill No. 1301, House Bill No. 3418, or similar
legislation;
(13) the dedication of all fees to be deposited to the
credit of the sexual assault program fund as provided by Senate Bill
No. 23 or similar legislation;
(14) the dedication of fees imposed under Subsection
(b), Section 1104.052, Occupations Code, as provided by House Bill
1146, or similar legislation;
(15) all dedications or rededications of revenue to an
account of a Self-Directed, Semi-Independent Agency with the Texas
Safekeeping Trust Company by any Act of the 82nd Legislature,
Regular Session, 2011;
(16) all dedications or rededications of revenue to
the Texas Department of Insurance Operating Account by any Act of
the 82nd Legislature, Regular Session, 2011;
(17) all dedications or rededications of revenue to
the State Highway Fund by any Act of the 82nd Legislature, Regular
Session, 2011; and
(18) all dedications or rededications of revenue to
the Game, Fish, and Water Safety Account by any Act of the 82nd
Legislature, Regular Session, 2011.
SECTION 12. SEPARATE FUNDS IN THE TREASURY. Effective
September 1, 2011, the following funds in the state treasury and the
revenue deposited to the credit of the funds, if created by an Act
of the 82nd Legislature, Regular Session, 2011, are exempt from
Section 2 of this Act and the funds are created as separate funds in
the state treasury:
(1) the charter district bond guarantee reserve fund,
created as a special fund in the state treasury outside the general
revenue fund by Senate Bill No. 597, House Bill No. 1437, or similar
legislation; and
(2) the Internet crimes against children account
created as a special fund by Senate Bill No. 1843, House Bill No.
3746, or similar legislation.
SECTION 13. SCHOLARSHIP TRUST FUND FOR FIFTH-YEAR
ACCOUNTING STUDENTS. (a) Section 2 of this Act does not apply to
the scholarship trust fund for fifth-year accounting students
re-created as a trust fund outside the state treasury by Senate Bill
No. 777, House Bill No. 1521, or similar legislation.
(b) The scholarship trust fund for fifth-year accounting
students described by Subsection (a) of this section is subject to
Section 5 of this Act.
SECTION 14. CIVIL JUSTICE DATA REPOSITORY FUND. Effective
on the later of August 31, 2011, or the date the Act creating or
re-creating the fund takes effect, the Civil Justice Data
Repository fund and the revenue deposited to the credit of the fund
are exempt from Section 2 of this Act and that fund is created as an
account in the general revenue fund, if created or re-created by an
Act of the 82nd Legislature, Regular Session, 2011, that becomes
law.
SECTION 15. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2011, Subsections (b), (d), and (e), Section
403.095, 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, 2013 [2011], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 82nd [81st] 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 82nd [81st]
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, 2013 [2011].
SECTION 16. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 82nd Legislature, Regular Session, 2011,
regardless of the relative dates of enactment, that purports to
create or re-create a special fund or account or to dedicate or
rededicate revenue to a particular purpose, including any fund,
account, or revenue dedication abolished under former Section
403.094, Government Code.
(b) An exemption from the application of Section 403.095,
Government Code, contained in another Act of the 82nd Legislature,
Regular Session, 2011, that is exempted from the application of
Section 2 of this Act has no effect.
(c) Revenues that, under the terms of another Act of the
82nd Legislature, Regular Session, 2011, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the undedicated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
SECTION 17. EFFECTIVE DATE. Except as otherwise provided
by this Act:
(1) 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; and
(2) 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.