83R2928 JJT-D By: Creighton H.B. No. 1317 A BILL TO BE ENTITLED AN ACT relating to directing certain surplus revenue to water infrastructure funding. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. (a) This section takes effect only if the state water implementation fund for Texas is created by legislation enacted by the 83rd Legislature, Regular Session, 2013. (b) Subchapter G, Chapter 403, Government Code, is amended by adding Section 403.110 to read as follows: Sec. 403.110. REDIRECTION OF SURPLUS ECONOMIC STABILIZATION FUND REVENUE. (a) If the comptroller reduces an amount to be transferred to the economic stabilization fund as provided by Section 49-g(b), Article III, Texas Constitution, the comptroller shall transfer to the credit of the state water implementation fund for Texas an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by that subsection. (b) If the comptroller reduces an amount to be transferred to the economic stabilization fund as provided by Section 49-g(c), Article III, Texas Constitution, the comptroller shall transfer to the credit of the state water implementation fund for Texas: (1) an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by Subsections (c) and (d) of that section; and (2) an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by Subsections (c) and (e) of that section. (c) If the comptroller credits an amount to general revenue under Section 49-g(i), Article III, Texas Constitution, the comptroller shall transfer an equal amount of general revenue to the credit of the state water implementation fund for Texas. SECTION 2. (a) This section takes effect only if Section 1 of this Act does not take effect as provided by Section 1(a) of this Act. (b) Section 17.956, Water Code, is amended to read as follows: Sec. 17.956. TEXAS WATER DEVELOPMENT FUND II. (a) The fund is a special fund in the state treasury, and all water financial assistance bond proceeds shall be deposited in the state treasury to the credit of the fund. (b) The fund shall contain a "state participation account," an "economically distressed areas program account," and a "financial assistance account," and proceeds from the sale of water financial assistance bonds issued for the purpose of providing financial assistance to political subdivisions shall be credited to those [such] accounts as provided by resolution by the board. (c) The fund contains the "surplus account" to receive money transferred to the fund under Section 17.9595. (d) By resolution, the board may create additional accounts within the fund as the board determines are necessary or convenient for the administration of the fund. (c) Subchapter L, Chapter 17, Water Code, is amended by adding Section 17.9595 to read as follows: Sec. 17.9595. SURPLUS ACCOUNT; REDIRECTION OF SURPLUS ECONOMIC STABILIZATION FUND REVENUE. (a) The Texas Water Development Fund II surplus account, referred to as the "surplus account," is an account established within the fund in the state treasury. (b) The surplus account is composed of: (1) money transferred to the account as provided by Subsections (d)-(f); (2) other money transferred to the account by law; and (3) investment income earned on money on deposit in the account. (c) At the direction of the board, the comptroller shall transfer money from the surplus account to another account in the fund for use by the board for purposes of the account receiving the transfer. (d) If the comptroller reduces an amount to be transferred to the economic stabilization fund as provided by Section 49-g(b), Article III, Texas Constitution, the comptroller shall transfer to the credit of the surplus account an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by that subsection. (e) If the comptroller reduces an amount to be transferred to the economic stabilization fund as provided by Section 49-g(c), Article III, Texas Constitution, the comptroller shall transfer to the credit of the surplus account: (1) an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by Subsections (c) and (d) of that section; and (2) an amount of general revenue equal to the amount by which the comptroller reduced the amount that otherwise would be required to be transferred by Subsections (c) and (e) of that section. (f) If the comptroller credits an amount to general revenue under Section 49-g(i), Article III, Texas Constitution, the comptroller shall transfer an equal amount of general revenue to the credit of the surplus account. SECTION 3. Except as otherwise provided by this Act, this Act takes effect January 1, 2014.