Texas 2015 - 84th Regular

Texas House Bill HB3142 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R12387 BEF-F
2	2	By: Lozano H.B. No. 3142
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to Department of Agriculture fiscal matters; making
8	8	appropriations.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. PAYMENT OF COSTS FROM AVAILABLE SOURCES.
11	11	Section 12.0144, Agriculture Code, is amended to read as follows:
12	12	Sec. 12.0144. FEE SCHEDULE; PAYMENT OF COSTS. (a) The
13	13	department shall by rule adopt a schedule for all fees set by the
14	14	department under this code.
15	15	(b) Except for those activities exempted in the General
16	16	Appropriations Act, the department shall set fees in an amount
17	17	which offsets, when feasible, the direct and indirect state costs
18	18	of administering its regulatory activities.
19	19	(c) If it is not feasible to set fees as provided by
20	20	Subsection (b), the commissioner may use revenue from any other
21	21	available source to pay the difference in the amount of fees
22	22	collected and the costs of administering the department's
23	23	regulatory activities.
24	24	SECTION 2. DEDICATION OF ADMINISTRATIVE PENALTY REVENUE.
25	25	Section 12.020(r), Agriculture Code, is amended to read as follows:
26	26	(r) A penalty collected under this section shall be
27	27	deposited in a dedicated account in [the state treasury to the
28	28	credit of] the General Revenue Fund and may be appropriated only to
29	29	the department.
30	30	SECTION 3. GIFTS HELD IN TRUST ACCOUNT. Section 12.022,
31	31	Agriculture Code, is amended to read as follows:
32	32	Sec. 12.022. AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS,
33	33	AND DONATIONS. (a) The department may solicit and accept gifts,
34	34	grants, and donations of money, services, or property from any
35	35	person.
36	36	(b) Money received by the department under this section
37	37	shall be deposited in the Department of Agriculture donations fund,
38	38	which is a trust fund outside the state treasury with the
39	39	comptroller and administered by the commissioner. Interest earned
40	40	on money in the fund shall be deposited to the credit of the fund.
41	41	The commissioner may spend or distribute money from the fund
42	42	without appropriation [be expended or distributed] for any public
43	43	purpose related to the department's duties.
44	44	SECTION 4. APPROPRIATION OF ADMINISTRATIVE PENALTIES. The
45	45	amount of any penalty collected under Section 12.020, Agriculture
46	46	Code, during the state fiscal biennium beginning September 1, 2015,
47	47	is appropriated to the Department of Agriculture for the purpose of
48	48	enforcement of laws.
49	49	SECTION 5. AUTHORITY TO TRANSFER APPROPRIATIONS.
50	50	Notwithstanding any limitations on appropriations transfers
51	51	contained in a General Appropriations Act of the 84th Legislature,
52	52	the Department of Agriculture is authorized to direct agency
53	53	resources and transfer amounts appropriated for a specific purpose
54	54	to another purpose at the direction of the commissioner of
55	55	agriculture.
56	56	SECTION 6. APPROPRIATION OF UNEXPENDED BALANCES. (a) Any
57	57	unobligated and unexpended balances remaining as of August 31,
58	58	2015, from appropriations made to the Department of Agriculture by
59	59	an Act of the 83rd Legislature or the 84th Legislature are
60	60	appropriated to the Department of Agriculture for the same purposes
61	61	for the biennium beginning September 1, 2015.
62	62	(b) Any unobligated and unexpended balances remaining as of
63	63	August 31, 2016, from appropriations made to the Department of
64	64	Agriculture by an Act of the 84th Legislature are appropriated to
65	65	the Department of Agriculture for the same purposes for the fiscal
66	66	year beginning September 1, 2016.
67	67	SECTION 7. EFFECTIVE DATE. This Act takes effect September
68	68	1, 2015.