Texas 2011 - 82nd Regular

Texas Senate Bill SB1588 Compare Versions

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1	1	By: Ogden S.B. No. 1588
2	2	(In the Senate - Filed March 11, 2011; March 23, 2011, read
3	3	first time and referred to Committee on Finance; May 6, 2011,
4	4	reported adversely, with favorable Committee Substitute by the
5	5	following vote: Yeas 15, Nays 0; May 6, 2011, sent to printer.)
6	6	COMMITTEE SUBSTITUTE FOR S.B. No. 1588 By: Ogden
7	7
8	8
9	9	A BILL TO BE ENTITLED
10	10	AN ACT
11	11	relating to the creation and re-creation of funds and accounts, the
12	12	dedication and rededication of revenue, and the exemption of
13	13	unappropriated money from use for general governmental purposes.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. DEFINITION. In any provision of this Act that
16	16	does not amend current law, "state agency" means an office,
17	17	institution, or other agency that is in the executive branch of
18	18	state government, has authority that is not limited to a
19	19	geographical portion of the state, and was created by the
20	20	constitution or a statute of this state. The term does not include
21	21	an institution of higher education as defined by Section 61.003,
22	22	Education Code.
23	23	SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
24	24	Except as otherwise specifically provided by this Act, all funds
25	25	and accounts created or re-created by an Act of the 82nd
26	26	Legislature, Regular Session, 2011, that becomes law and all
27	27	dedications or rededications of revenue or otherwise collected by a
28	28	state agency for a particular purpose by an Act of the 82nd
29	29	Legislature, Regular Session, 2011, that becomes law are abolished
30	30	on the later of August 31, 2011, or the date the Act creating or
31	31	re-creating the fund or account or dedicating or rededicating
32	32	revenue takes effect.
33	33	SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
34	34	ACCOUNTS. Section 2 of this Act does not apply to:
35	35	(1) statutory dedications, funds, and accounts that
36	36	were enacted before the 82nd Legislature convened to comply with
37	37	requirements of state constitutional or federal law;
38	38	(2) dedications, funds, or accounts that remained
39	39	exempt from former Subsection (h), Section 403.094, Government
40	40	Code, at the time dedications, accounts, and funds were abolished
41	41	under that provision;
42	42	(3) increases in fees or in other revenue dedicated as
43	43	described by this section; or
44	44	(4) increases in fees or in other revenue required to
45	45	be deposited in a fund or account described by this section.
46	46	SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
47	47	apply to funds created pursuant to an Act of the 82nd Legislature,
48	48	Regular Session, 2011, for which separate accounting is required by
49	49	federal law, except that the funds shall be deposited in accounts in
50	50	the general revenue fund unless otherwise required by federal law.
51	51	SECTION 5. TRUST FUNDS. Section 2 of this Act does not
52	52	apply to trust funds or dedicated revenue deposited to trust funds
53	53	created under an Act of the 82nd Legislature, Regular Session,
54	54	2011, except that the trust funds shall be held in the state
55	55	treasury, with the comptroller of public accounts in trust, or
56	56	outside the state treasury with the comptroller's approval.
57	57	SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
58	58	to bond funds and pledged funds created or affected by an Act of the
59	59	82nd Legislature, Regular Session, 2011, except that the funds
60	60	shall be held in the state treasury, with the comptroller of public
61	61	accounts in trust, or outside the state treasury with the
62	62	comptroller's approval.
63	63	SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does
64	64	not apply to funds or accounts that would be created or re-created
65	65	by the Texas Constitution or revenue that would be dedicated or
66	66	rededicated by the Texas Constitution under a constitutional
67	67	amendment proposed by the 82nd Legislature, Regular Session, 2011,
68	68	or to dedicated revenue deposited to funds or accounts that would be
69	69	so created or re-created, if the constitutional amendment is
70	70	approved by the voters.
71	71	SECTION 8. DEDICATIONS OF REVENUE TO STATE HIGHWAY FUND.
72	72	Section 2 of this Act does not apply to a dedication or rededication
73	73	of revenue to the credit of the state highway fund as provided by an
74	74	Act of the 82nd Legislature, Regular Session, 2011.
75	75	SECTION 9. DEDICATIONS OF REVENUE TO GAME, FISH, AND WATER
76	76	SAFETY ACCOUNT. Section 2 of this Act does not apply to a
77	77	dedication or rededication of revenue to the credit of the game,
78	78	fish, and water safety account in the general revenue fund as
79	79	provided by an Act of the 82nd Legislature, Regular Session, 2011.
80	80	SECTION 10. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE
81	81	FEES. Section 2 of this Act does not apply to a new account created
82	82	in the general revenue fund for receipt of fees for special license
83	83	plates or for receipt of related revenue, gifts, or grants as
84	84	provided by an Act of the 82nd Legislature, Regular Session, 2011,
85	85	or to the dedication of revenue to or contained in the new account.
86	86	SECTION 11. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS,
87	87	OR REVENUES. Section 2 of this Act does not apply to a newly
88	88	authorized dedication of or use of a dedicated fund, a dedicated
89	89	account, or dedicated revenues as provided by an Act of the 82nd
90	90	Legislature, Regular Session, 2011, to the extent that Act affects
91	91	a fund, an account, or revenues that were exempted from funds
92	92	consolidation before January 1, 2011. A dedicated fund, a
93	93	dedicated account, or dedicated revenues that were exempted from
94	94	funds consolidation before January 1, 2011, may be used as an Act of
95	95	the 82nd Legislature, Regular Session, 2011, provides, and a change
96	96	in the name or authorized use of a previously exempted dedicated
97	97	fund or account does not affect the fund's or account's dedicated
98	98	nature.
99	99	SECTION 12. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
100	100	the later of the effective date of the Act creating or re-creating
101	101	the account or August 31, 2011, the following accounts and the
102	102	revenue deposited to the credit of the accounts are exempt from
103	103	Section 2 of this Act and are created in the general revenue fund,
104	104	if created or re-created by an Act of the 82nd Legislature, Regular
105	105	Session, 2011, that becomes law:
106	106	(1) the driver's license system improvement account
107	107	created as a dedicated account in the general revenue fund by Senate
108	108	Bill No. 9, Senate Bill No. 1583, or similar legislation;
109	109	(2) the poison control services account created as a
110	110	dedicated account in the general revenue fund by Senate Bill No.
111	111	435, Senate Bill No. 1579, House Bill No. 1015, or similar
112	112	legislation;
113	113	(3) the judicial and court personnel training fund
114	114	created as a dedicated account in the general revenue fund by Senate
115	115	Bill No. 1582, Senate Bill No. 1811, House Bill No. 3648, or similar
116	116	legislation;
117	117	(4) the oil and gas regulation and cleanup fund
118	118	created by Senate Bill No. 655, Senate Bill No. 1584, House Bill No.
119	119	3106, or similar legislation, except that, regardless of any
120	120	provision of that legislation, the oil and gas regulation and
121	121	cleanup fund is created as a dedicated account in the general
122	122	revenue fund; and
123	123	(5) the fund for veterans' assistance re-created as a
124	124	special fund in the state treasury outside the general revenue fund
125	125	by Senate Bill No. 1635, Senate Bill No. 1739, House Bill No. 1172,
126	126	House Bill No. 3179, or similar legislation.
127	127	SECTION 13. REVENUE DEDICATION. Effective on the later of
128	128	the effective date of the Act dedicating or rededicating the
129	129	revenue or August 31, 2011, the following dedications or
130	130	rededications of revenue collected by a state agency for a
131	131	particular purpose are exempt from Section 2 of this Act, if
132	132	dedicated or rededicated by an Act of the 82nd Legislature, Regular
133	133	Session, 2011, that becomes law:
134	134	(1) the dedication of all fees to be deposited to the
135	135	credit of the driver's license system improvement account as
136	136	provided by Senate Bill No. 9, Senate Bill No. 1583, or similar
137	137	legislation;
138	138	(2) the dedication of amounts to be deposited to the
139	139	credit of the charter district bond guarantee reserve fund as
140	140	provided by Senate Bill No. 597, House Bill No. 1437, or similar
141	141	legislation;
142	142	(3) the dedication of charges collected under
143	143	Subsection (g), Section 151.158, Tax Code, as provided by Senate
144	144	Bill No. 776, Senate Bill No. 1811, or similar legislation;
145	145	(4) the dedication of the additional annual fee to be
146	146	deposited to the credit of the scholarship trust fund for
147	147	fifth-year accounting students as provided by Senate Bill No. 777,
148	148	House Bill No. 1521, or similar legislation;
149	149	(5) the dedication of all revenue to be deposited to
150	150	the credit of the poison control services account as provided by
151	151	Senate Bill No. 435, Senate Bill No. 1579, House Bill No. 1015, or
152	152	similar legislation;
153	153	(6) the dedication of fees imposed under Subsection
154	154	(a), Section 2054.380, Government Code, as provided by Senate Bill
155	155	No. 1579, House Bill No. 3665, or similar legislation;
156	156	(7) the dedication of the handling fee for processing
157	157	unclaimed property as provided by Senate Bill No. 1579 or similar
158	158	legislation;
159	159	(8) the dedication of fees to be charged for process
160	160	server certification and renewal of certification as provided by
161	161	Senate Bill No. 1582, Senate Bill No. 1811, House Bill No. 1614,
162	162	House Bill No. 3648, or similar legislation;
163	163	(9) the dedication of certain tax revenue to the
164	164	property tax relief fund under Section 155.2415, Tax Code, as
165	165	provided by Senate Bill No. 1811 or similar legislation;
166	166	(10) all dedications of revenue for deposit to the
167	167	credit of the oil and gas regulation and cleanup fund as provided by
168	168	Senate Bill No. 655, Senate Bill No. 1584, House Bill No. 3106, or
169	169	similar legislation;
170	170	(11) the dedication of the enrollment fees to be
171	171	deposited to the credit of the employees life, accident, and health
172	172	insurance and benefits fund under Section 1551.3076, Insurance
173	173	Code, as provided by Senate Bill No. 1664, Senate Bill No. 1811, or
174	174	similar legislation;
175	175	(12) the dedication of contributions made under
176	176	Section 502.1746, Transportation Code, as provided by Senate Bill
177	177	No. 1635, House Bill No. 3179, or similar legislation;
178	178	(13) the dedication of contributions, gifts, grants,
179	179	and promotional campaign proceeds received by the Parks and
180	180	Wildlife Department under Subchapter J-1, Chapter 11, Parks and
181	181	Wildlife Code, as provided by Senate Bill No. 1584, House Bill No.
182	182	1300, House Bill No. 3418, or similar legislation;
183	183	(14) the dedication of licensing fees received under
184	184	Section 13.0155, Parks and Wildlife Code, as provided by Senate
185	185	Bill No. 1584, House Bill No. 1300, House Bill No. 3418, or similar
186	186	legislation; and
187	187	(15) the dedication of contributions received under
188	188	Section 502.1747, Transportation Code, as provided by Senate Bill
189	189	No. 1584, House Bill No. 1301, House Bill No. 3418, or similar
190	190	legislation.
191	191	SECTION 14. SEPARATE FUNDS IN THE TREASURY. Effective
192	192	September 1, 2011:
193	193	(1) the charter district bond guarantee reserve fund,
194	194	created as a special fund in the state treasury outside the general
195	195	revenue fund by Senate Bill No. 597, House Bill No. 1437, or similar
196	196	legislation of the 82nd Legislature, Regular Session, 2011, is
197	197	exempt from Section 2 of this Act and the fund is created as a
198	198	separate fund in the state treasury; and
199	199	(2) revenue deposited to the credit of the fund
200	200	described by Subdivision (1) of this section is exempt from Section
201	201	2 of this Act.
202	202	SECTION 15. SCHOLARSHIP TRUST FUND FOR FIFTH-YEAR
203	203	ACCOUNTING STUDENTS. (a) Section 2 of this Act does not apply to
204	204	the scholarship trust fund for fifth-year accounting students
205	205	re-created as a trust fund outside the state treasury by Senate Bill
206	206	No. 777, House Bill No. 1521, or similar legislation.
207	207	(b) The scholarship trust fund for fifth-year accounting
208	208	students described by Subsection (a) of this section is subject to
209	209	Section 5 of this Act.
210	210	SECTION 16. CIVIL JUSTICE DATA REPOSITORY FUND. Effective
211	211	on the later of August 31, 2011, or the date the Act creating or
212	212	re-creating the fund takes effect, the Civil Justice Data
213	213	Repository fund and the revenue deposited to the credit of the fund
214	214	are exempt from Section 2 of this Act and that fund is created as an
215	215	account in the general revenue fund, if created or re-created by an
216	216	Act of the 82nd Legislature, Regular Session, 2011, that becomes
217	217	law.
218	218	SECTION 17. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
219	219	Effective September 1, 2011, Subsections (b), (d), and (e), Section
220	220	403.095, Government Code, are amended to read as follows:
221	221	(b) Notwithstanding any law dedicating or setting aside
222	222	revenue for a particular purpose or entity, dedicated revenues
223	223	that, on August 31, 2013 [2011], are estimated to exceed the amount
224	224	appropriated by the General Appropriations Act or other laws
225	225	enacted by the 82nd [81st] Legislature are available for general
226	226	governmental purposes and are considered available for the purpose
227	227	of certification under Section 403.121.
228	228	(d) Following certification of the General Appropriations
229	229	Act and other appropriations measures enacted by the 82nd [81st]
230	230	Legislature, the comptroller shall reduce each dedicated account as
231	231	directed by the legislature by an amount that may not exceed the
232	232	amount by which estimated revenues and unobligated balances exceed
233	233	appropriations. The reductions may be made in the amounts and at
234	234	the times necessary for cash flow considerations to allow all the
235	235	dedicated accounts to maintain adequate cash balances to transact
236	236	routine business. The legislature may authorize, in the General
237	237	Appropriations Act, the temporary delay of the excess balance
238	238	reduction required under this subsection. This subsection does not
239	239	apply to revenues or balances in:
240	240	(1) funds outside the treasury;
241	241	(2) trust funds, which for purposes of this section
242	242	include funds that may or are required to be used in whole or in part
243	243	for the acquisition, development, construction, or maintenance of
244	244	state and local government infrastructures, recreational
245	245	facilities, or natural resource conservation facilities;
246	246	(3) funds created by the constitution or a court; or
247	247	(4) funds for which separate accounting is required by
248	248	federal law.
249	249	(e) This section expires on September 1, 2013 [2011].
250	250	SECTION 18. EFFECT OF ACT. (a) This Act prevails over any
251	251	other Act of the 82nd Legislature, Regular Session, 2011,
252	252	regardless of the relative dates of enactment, that purports to
253	253	create or re-create a special fund or account or to dedicate or
254	254	rededicate revenue to a particular purpose, including any fund,
255	255	account, or revenue dedication abolished under former Section
256	256	403.094, Government Code.
257	257	(b) Revenues that, under the terms of another Act of the
258	258	82nd Legislature, Regular Session, 2011, would be deposited to the
259	259	credit of a special account or fund shall be deposited to the credit
260	260	of the undedicated portion of the general revenue fund unless the
261	261	fund, account, or dedication is exempted under this Act.
262	262	SECTION 19. EFFECTIVE DATE. Except as otherwise provided
263	263	by this Act:
264	264	(1) this Act takes effect immediately if it receives a
265	265	vote of two-thirds of all the members elected to each house, as
266	266	provided by Section 39, Article III, Texas Constitution; and
267	267	(2) if this Act does not receive the vote necessary for
268	268	immediate effect, this Act takes effect on the 91st day after the
269	269	last day of the legislative session.
270	270	* * * * *