84R12387 BEF-F
By: Lozano H.B. No. 3142
A BILL TO BE ENTITLED
AN ACT
relating to Department of Agriculture fiscal matters; making
appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. PAYMENT OF COSTS FROM AVAILABLE SOURCES.
Section 12.0144, Agriculture Code, is amended to read as follows:
Sec. 12.0144. FEE SCHEDULE; PAYMENT OF COSTS. (a) The
department shall by rule adopt a schedule for all fees set by the
department under this code.
(b) Except for those activities exempted in the General
Appropriations Act, the department shall set fees in an amount
which offsets, when feasible, the direct and indirect state costs
of administering its regulatory activities.
(c) If it is not feasible to set fees as provided by
Subsection (b), the commissioner may use revenue from any other
available source to pay the difference in the amount of fees
collected and the costs of administering the department's
regulatory activities.
SECTION 2. DEDICATION OF ADMINISTRATIVE PENALTY REVENUE.
Section 12.020(r), Agriculture Code, is amended to read as follows:
(r) A penalty collected under this section shall be
deposited in a dedicated account in [the state treasury to the
credit of] the General Revenue Fund and may be appropriated only to
the department.
SECTION 3. GIFTS HELD IN TRUST ACCOUNT. Section 12.022,
Agriculture Code, is amended to read as follows:
Sec. 12.022. AUTHORITY TO SOLICIT AND ACCEPT GIFTS, GRANTS,
AND DONATIONS. (a) The department may solicit and accept gifts,
grants, and donations of money, services, or property from any
person.
(b) Money received by the department under this section
shall be deposited in the Department of Agriculture donations fund,
which is a trust fund outside the state treasury with the
comptroller and administered by the commissioner. Interest earned
on money in the fund shall be deposited to the credit of the fund.
The commissioner may spend or distribute money from the fund
without appropriation [be expended or distributed] for any public
purpose related to the department's duties.
SECTION 4. APPROPRIATION OF ADMINISTRATIVE PENALTIES. The
amount of any penalty collected under Section 12.020, Agriculture
Code, during the state fiscal biennium beginning September 1, 2015,
is appropriated to the Department of Agriculture for the purpose of
enforcement of laws.
SECTION 5. AUTHORITY TO TRANSFER APPROPRIATIONS.
Notwithstanding any limitations on appropriations transfers
contained in a General Appropriations Act of the 84th Legislature,
the Department of Agriculture is authorized to direct agency
resources and transfer amounts appropriated for a specific purpose
to another purpose at the direction of the commissioner of
agriculture.
SECTION 6. APPROPRIATION OF UNEXPENDED BALANCES. (a) Any
unobligated and unexpended balances remaining as of August 31,
2015, from appropriations made to the Department of Agriculture by
an Act of the 83rd Legislature or the 84th Legislature are
appropriated to the Department of Agriculture for the same purposes
for the biennium beginning September 1, 2015.
(b) Any unobligated and unexpended balances remaining as of
August 31, 2016, from appropriations made to the Department of
Agriculture by an Act of the 84th Legislature are appropriated to
the Department of Agriculture for the same purposes for the fiscal
year beginning September 1, 2016.
SECTION 7. EFFECTIVE DATE. This Act takes effect September
1, 2015.