Texas 2011 82nd Regular

Texas Senate Bill SB1588 House Committee Report / Bill

Filed 02/01/2025

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                    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.