83R5311 JJT-D By: Howard H.B. No. 1343 A BILL TO BE ENTITLED AN ACT relating to the availability and use of certain statutorily dedicated revenue and accounts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 322, Government Code, is amended by adding Section 322.024 to read as follows: Sec. 322.024. REDUCTION OF RELIANCE ON AVAILABLE DEDICATED REVENUE FOR BUDGET CERTIFICATION. (a) In this section, "available dedicated revenue" means revenue that Section 403.095 makes available for certification under Section 403.121. (b) The board shall: (1) develop and implement a process to review continually: (A) new legislative enactments that create dedicated revenue; and (B) the appropriation and accumulation of dedicated revenue and available dedicated revenue; (2) develop and implement tools to evaluate continually the use of available dedicated revenue for state government financing and budgeting; (3) develop specific and detailed recommendations on actions the legislature may reasonably take to reduce state government's reliance on available dedicated revenue for the purposes of certification under Section 403.121 as authorized by Section 403.095; and (4) for each statutory dedication of revenue, consider whether: (A) the fund or account to which the dedicated revenue is deposited continues to serve the purpose for which the dedication was enacted; (B) the fund or account to which the dedicated revenue is deposited has the capacity to satisfy expenditures for the dedicated purpose; (C) there is a clear link between the benefit intended to be gained by the dedication and the source of the revenue; and (D) there is a substantial justification for the continued maintenance of the fund or account to which the dedicated revenue is deposited. (c) The board shall: (1) consult with the comptroller as necessary to accomplish the objectives of this section; (2) request comments from each state agency that might be affected by recommendations proposed to be made under this subsection or measures proposed to be taken under this subsection; (3) make recommendations to the governor, the legislature, and the comptroller concerning whether to continue or eliminate any dedications of revenue or any fund or account to which dedicated revenue is deposited or held; and (4) incorporate into the board's budget recommendations appropriate measures to reduce state government's reliance on available dedicated revenue for the purposes of certification under Section 403.121 as authorized by Section 403.095. SECTION 2. 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. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2013.