83R7908 JJT-D
By: Davis S.B. No. 936
A BILL TO BE ENTITLED
AN ACT
relating to the availability and use of certain statutorily
dedicated revenues 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
REVENUES FOR BUDGET CERTIFICATION. (a) In this section,
"available dedicated revenues" means revenues that Section
403.095(b) or (b-1) makes available for certification under Section
403.121.
(b) The board shall:
(1) develop and implement a process to review:
(A) new legislative enactments that create
dedicated revenues; and
(B) the appropriation and accumulation of
dedicated revenues and available dedicated revenues;
(2) develop and implement tools to evaluate the use of
available dedicated revenues for state government financing and
budgeting; and
(3) develop specific and detailed recommendations on
actions the legislature may reasonably take to reduce state
government's reliance on available dedicated revenues for the
purposes of certification under Section 403.121 as authorized by
Section 403.095.
(c) The board shall incorporate into the board's budget
recommendations appropriate measures to reduce state government's
reliance on available dedicated revenues for the purposes of
certification under Section 403.121 as authorized by Section
403.095.
(d) The board shall consult the comptroller as necessary to
accomplish the objectives of Subsections (b) and (c).
SECTION 2. Effective September 1, 2023, Section 322.024(a),
Government Code, as added by this Act, is amended to read as
follows:
(a) In this section, "available dedicated revenues" means
revenues that Section 403.095(b) [or (b-1)] makes available for
certification under Section 403.121.
SECTION 3. Section 403.095, Government Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsection (b-1)
to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, an amount of dedicated
revenues, not to exceed $1 billion, that [,] on August 31 of an
odd-numbered year is [, 2013, are] estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the legislature is [82nd Legislature are] available for
general governmental purposes and is [are] considered available for
the purpose of certification under Section 403.121.
(b-1) Notwithstanding the limitation provided by Subsection
(b), the amount of dedicated revenues described by that subsection
that on August 31 of an odd-numbered year is estimated to exceed the
amount appropriated by the General Appropriations Act or other laws
enacted by the legislature is considered available for general
governmental purposes and for the purpose of the certification
under Section 403.121 in an amount not to exceed:
(1) $5 billion for the fiscal biennium ending August
31, 2015;
(2) $4 billion for the fiscal biennium ending August
31, 2017;
(3) $3 billion for the fiscal biennium ending August
31, 2019; and
(4) $2 billion for the fiscal biennium ending August
31, 2021.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the legislature
[82nd 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 subsection and Subsection (b-1) expire [section
expires on] September 1, 2023 [2013].
SECTION 4. Subchapter F, Chapter 403, Government Code, is
amended by adding Section 403.0956 to read as follows:
Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. Notwithstanding any other law, all interest or
other earnings that accrue on all revenue held in an account in the
general revenue fund any part of which Section 403.095 makes
available for certification under Section 403.121 are available for
any general governmental purpose, and the comptroller shall deposit
the interest and earnings to the credit of the general revenue fund.
This section does not apply to interest or earnings on revenue
deposited in accordance with Section 51.008, Education Code.
SECTION 5. Except as otherwise provided by this Act:
(1) this Act takes effect immediately if this Act
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.