By: Darby, Otto, Howard, Turner of Harris, H.B. No. 7
Murr, et al.
A BILL TO BE ENTITLED
AN ACT
re
lating to the amounts, availability, and use of certain
statutorily dedicated revenue and accounts; providing for the
dedication and use of certain state revenue; reducing or affecting
the amounts or rates of certain statutorily dedicated fees and
assessments; redesignating the bingo prize fee as a prize tax and
providing for the collection and use of the tax.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.054, Business & Commerce Code, is
amended to read as follows:
Sec. 102.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL
ASSAULT PROGRAMS. The comptroller shall deposit the amounts [first
$25 million] received from the fee imposed under this subchapter
[in a state fiscal biennium] to the credit of the sexual assault
program fund.
SECTION 2. Section 21.703, Education Code, is amended to
read as follows:
Sec. 21.703. [EDUCATOR EXCELLENCE INNOVATION FUND;] AMOUNT
OF GRANT AWARD. (a) [Each state fiscal year, the commissioner
shall deposit an amount determined by the General Appropriations
Act to the credit of the educator excellence innovation fund in the
general revenue fund.] Each state fiscal year, the agency shall
[use money in the educator excellence innovation fund to] provide
each school district approved on a competitive basis under this
subchapter with a grant in an amount determined by the agency in
accordance with commissioner rule.
(b) Not later than April 1 of each state fiscal year, the
agency shall provide written notice to each school district that
will be provided a grant under this section that the district will
be provided the grant and the amount of that grant.
SECTION 3. Section 52.91(c), Education Code, is amended to
read as follows:
(c) The board shall repay bonds issued by the board to fund
the Texas B-On-time student loan program using legislative
appropriations and money collected by the board as repayment for
Texas B-On-time student loans awarded by the board. [The board may
use tuition set aside under Section 56.465 to repay bonds issued by
the board for the Texas B-On-time student loan program.] The board
may not use money collected by the board as repayment for student
loans awarded by the board under Subchapter C to repay bonds issued
by the board for the Texas B-On-time student loan program under
Section 56.464(b).
SECTION 4. Section 56.463, Education Code, is amended to
read as follows:
Sec. 56.463. TEXAS B-ON-TIME STUDENT LOAN ACCOUNT. (a) The
Texas B-On-time student loan account is an account in the general
revenue fund. The account consists of:
(1) gifts and grants and legislative appropriations
received under Section 56.464;[, tuition set aside under Section
56.465,] and
(2) other money required by law to be deposited in the
account.
(b) Money in the Texas B-On-time student loan account may be
appropriated [used] only:
(1) to pay any costs of the coordinating board related
to the operation of the Texas B-On-time loan program and as
otherwise provided by this subchapter; or
(2) to the institutions of higher education that
contributed to the account as formerly provided by Section 56.465
and only for a purpose other than the Texas B-On-time loan program.
(c) Appropriations under Subsection (b)(2) must be made so
that each of the institutions of higher education receives an
amount that is in proportion to the net amount the institution
contributed to the Texas B-On-time student loan account.
SECTION 5. Section 61.5391(a), Education Code, is amended
to read as follows:
(a) The physician education loan repayment program account
is an account in the general revenue fund. The account is composed
of:
(1) gifts and grants contributed to the account;
(2) earnings on the principal of the account; and
(3) other amounts deposited to the credit of the
account, including:
(A) money deposited under Section [61.539(b) or]
61.5392;
(B) legislative appropriations; and
(C) money deposited under Section 155.2415, Tax
Code.
SECTION 6. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0143 to read as follows:
Sec. 403.0143. REPORT ON USE OF GENERAL REVENUE-DEDICATED
ACCOUNTS. After each regular session of the legislature, the
comptroller shall issue a report that itemizes each general
revenue-dedicated account and the estimated balance and revenue in
each account that is considered available for the purposes of
certification of appropriations as provided by Section 403.095.
The comptroller shall publish the report on the comptroller's
Internet website.
SECTION 7. Section 403.0956, Government Code, is amended 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:
(1) interest or earnings on revenue deposited in
accordance with Section 51.008, Education Code;
(2) an account that accrues interest or other earnings
on deposits of state or federal money the diversion of which is
specifically excluded by federal law;
(3) the lifetime license endowment account; [or]
(4) the game, fish, and water safety account;
(5) the coastal protection account; or
(6) the Alamo complex account.
SECTION 8. Section 420.008(c), Government Code, is amended
to read as follows:
(c) The legislature may appropriate money deposited to the
credit of the fund only to:
(1) the attorney general, for:
(A) sexual violence awareness and prevention
campaigns;
(B) grants to faith-based groups, independent
school districts, and community action organizations for programs
for the prevention of sexual assault and programs for victims of
human trafficking;
(C) grants for equipment for sexual assault nurse
examiner programs, to support the preceptorship of future sexual
assault nurse examiners, and for the continuing education of sexual
assault nurse examiners;
(D) grants to increase the level of sexual
assault services in this state;
(E) grants to support victim assistance
coordinators;
(F) grants to support technology in rape crisis
centers;
(G) grants to and contracts with a statewide
nonprofit organization exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code of 1986, having as a
primary purpose ending sexual violence in this state, for programs
for the prevention of sexual violence, outreach programs, and
technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence; [and]
(H) grants to regional nonprofit providers of
civil legal services to provide legal assistance for sexual assault
victims;
(I) grants to prevent sex trafficking and to
provide services for victims of sex trafficking; and
(J) grants to carry out the purpose of this
chapter, including standardizing the quality of services provided,
preventing sexual assault, and improving services to survivors of
sexual assault;
(2) the Department of State Health Services, to
measure the prevalence of sexual assault in this state and for
grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic Violence and Sexual
Assault or the Bureau of Business Research at The University of
Texas at Austin, to conduct research on all aspects of sexual
assault and domestic violence;
(4) Texas State University, for training and technical
assistance to independent school districts for campus safety;
(5) the office of the governor, for grants to support
sexual assault and human trafficking prosecution projects;
(6) the department [Department of Public Safety], to
support sexual assault training for commissioned officers;
(7) the comptroller's judiciary section, for
increasing the capacity of the sex offender civil commitment
program;
(8) the Texas Department of Criminal Justice:
(A) for pilot projects for monitoring sex
offenders on parole; and
(B) for increasing the number of adult
incarcerated sex offenders receiving treatment;
(9) the Texas Juvenile Justice Department [Youth
Commission], for increasing the number of incarcerated juvenile sex
offenders receiving treatment;
(10) the comptroller, for the administration of the
fee imposed on sexually oriented businesses under Section 102.052,
Business & Commerce Code; [and]
(11) the supreme court, to be transferred to the Texas
[Equal] Access to Justice Foundation, or a similar entity, to
provide victim-related legal services to sexual assault victims,
including legal assistance with protective orders,
relocation-related matters, victim compensation, and actions to
secure privacy protections available to victims under law;
(12) any state agency or organization for the purpose
of conducting human trafficking enforcement programs; and
(13) any other designated state agency for the purpose
of preventing sexual assault or improving services for victims of
sexual assault.
SECTION 9. Section 614.104, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The volunteer fire department assistance fund is an
account in the general revenue fund and is composed of money
collected under Chapter 2007 [Article 5.102], Insurance Code, and
contributions to the fund from any other source.
(b) Except as provided by Subsections [Subsection] (c) and
(d), money in the fund may be used only for a purpose under this
subchapter.
(d) Money in the fund may be appropriated for a contribution
to the Texas Emergency Services Retirement System subject to
Section 865.015.
SECTION 10. Section 361.014(a), Health and Safety Code, is
amended to read as follows:
(a) Revenue received by the commission under Section
361.013 shall be deposited in the state treasury to the credit of
the commission. Of that revenue, 66.7 percent is dedicated to the
commission's municipal solid waste permitting programs,
enforcement programs, and site remediation programs, and to pay for
activities that will enhance the state's solid waste management
program. The commission shall issue a biennial report to the
legislature describing in detail how the money was spent. The
activities to enhance the state's solid waste management program
may include:
(1) provision of funds for the municipal solid waste
management planning fund and the municipal solid waste resource
recovery applied research and technical assistance fund
established by the Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration projects and studies to
help local governments of various populations and the private
sector to convert to accounting systems and set rates that reflect
the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance to local
governments concerning solid waste management;
(4) establishment of a solid waste resource center in
the commission and an office of waste minimization and recycling;
(5) provision of supplemental funding to local
governments for the enforcement of this chapter, the Texas Litter
Abatement Act (Chapter 365), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide public awareness program
concerning solid waste management;
(7) provision of supplemental funds for other state
agencies with responsibilities concerning solid waste management,
recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to promote the development and
stimulation of markets for recycled waste products;
(9) creation of a state municipal solid waste
superfund, from funds appropriated, for:
(A) the cleanup of unauthorized tire dumps and
solid waste dumps for which a responsible party cannot be located or
is not immediately financially able to provide the cleanup;
(B) the cleanup or proper closure of abandoned or
contaminated municipal solid waste sites for which a responsible
party is not immediately financially able to provide the cleanup;
and
(C) remediation, cleanup, and proper closure of
unauthorized recycling sites for which a responsible party is not
immediately financially able to perform the remediation, cleanup,
and closure;
(10) provision of funds to mitigate the economic and
environmental impacts of lead-acid battery recycling activities on
local governments; [and]
(11) provision of funds for the conduct of research by
a public or private entity to assist the state in developing new
technologies and methods to reduce the amount of municipal waste
disposed of in landfills; and
(12) provision of funds for grants to encourage
entities located in an affected county or a nonattainment area, as
defined by Section 386.001, to convert heavy-duty vehicles used for
municipal solid waste collection into vehicles powered by natural
gas engines.
SECTION 11. Section 361.133, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), money in the account
attributable to fees imposed under Section 361.138 may be used for
environmental remediation at the site of a closed battery recycling
facility located in the municipal boundaries of a municipality with
a population of greater than 120,000. This subsection expires
September 30, 2016.
SECTION 12. Section 382.0622(a), Health and Safety Code, is
amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
by law;
(2) $2 from the portion of each fee collected for
inspections of vehicles other than mopeds and remitted to the state
under Sections [Section] 548.501 and 548.503, Transportation Code;
and
(3) fees collected that are required under Section 185
of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 13. Chapter 773, Health and Safety Code, is amended
by adding Subchapter I to read as follows:
SUBCHAPTER I. EMERGENCY MEDICAL AIR TRANSPORTATION FUNDING
Sec. 773.221. DEFINITIONS. In this subchapter:
(1) "Account" means the emergency medical air
transportation account created under Section 773.222.
(2) "Commission" means the Health and Human Services
Commission.
(3) "Commissioner" means the commissioner of state
health services.
Sec. 773.222. EMERGENCY MEDICAL AIR TRANSPORTATION
ACCOUNT. (a) The emergency medical air transportation account is
established as a dedicated account in the general revenue fund. The
account is composed of:
(1) money deposited to the credit of the account under
Section 542.4031, Transportation Code; and
(2) notwithstanding Section 404.071, Government Code,
interest earned on the investment of money in the account and
depository interest allocable to the account.
(b) Money in the account may be appropriated only to the
department for the purposes described by Subsection (c).
(c) The commissioner may:
(1) use the money appropriated from the account to
provide funding, in addition to funding available from other
sources, for emergency medical air transportation; and
(2) after consulting with the executive commissioner,
transfer the money appropriated from the account to the commission
to:
(A) provide reimbursements under the medical
assistance program under Chapter 32, Human Resources Code, to
providers of emergency medical air transportation services,
including reimbursement enhancements to the statewide dollar
amount rate used to reimburse designated air ambulance services
under the program; and
(B) maximize the receipt of federal funds under
the medical assistance program under Chapter 32, Human Resources
Code, to the extent possible.
SECTION 14. The heading to Section 780.002, Health and
Safety Code, is amended to read as follows:
Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT.
SECTION 15. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 542.406 and 707.008, Transportation
Code, and under Section 780.002 of this code[, and the earnings of
the account].
SECTION 16. Section 2007.002, Insurance Code, is amended to
read as follows:
Sec. 2007.002. ASSESSMENT. The comptroller shall assess
against all insurers to which this chapter applies amounts for each
state fiscal year necessary, as determined by the commissioner, to
collect a combined total equal to the lesser of:
(1) the total amount that the General Appropriations
Act appropriates from the volunteer fire department assistance fund
account in the general revenue fund for that state fiscal year other
than appropriations for contributions to the Texas Emergency
Services Retirement System made under Section 614.104(d),
Government Code; or [and]
(2) $30 million.
SECTION 17. Section 81.0521(c), Natural Resources Code, is
amended to read as follows:
(c) The [Two-thirds of the] proceeds from this fee,
excluding any penalties collected in connection with the fee, shall
be deposited to the oil and gas regulation and cleanup fund as
provided by Section 81.067.
SECTION 18. Section 81.067(c), Natural Resources Code, is
amended to read as follows:
(c) The fund consists of:
(1) proceeds from bonds and other financial security
required by this chapter and benefits under well-specific plugging
insurance policies described by Section 91.104(c) that are paid to
the state as contingent beneficiary of the policies, subject to the
refund provisions of Section 91.1091, if applicable;
(2) private contributions, including contributions
made under Section 89.084;
(3) expenses collected under Section 89.083;
(4) fees imposed under Section 85.2021;
(5) costs recovered under Section 91.457 or 91.459;
(6) proceeds collected under Sections 89.085 and
91.115;
(7) interest earned on the funds deposited in the
fund;
(8) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(9) costs recovered under Section 91.113(f);
(10) hazardous oil and gas waste generation fees
collected under Section 91.605;
(11) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(12) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(13) fees for a reissued certificate collected under
Section 91.707;
(14) fees collected under Section 91.1013;
(15) fees collected under Section 89.088;
(16) fees collected under Section 91.142;
(17) fees collected under Section 91.654;
(18) costs recovered under Sections 91.656 and 91.657;
(19) [two-thirds of the] fees collected under Section
81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations;
(22) any surcharges collected under Section 81.070;
[and]
(23) fees collected under Section 91.0115;
(24) money deposited to the credit of the fund under
Section 81.112;
(25) fees collected under Subchapter E, Chapter 121,
Utilities Code; and
(26) fees collected under Section 27.0321, Water Code.
SECTION 19. Section 81.068, Natural Resources Code, as
amended by Chapters 835 (H.B. 7) and 1075 (H.B. 3309), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP
FUND. Money in the oil and gas regulation and cleanup fund may be
used by the commission or its employees or agents for any purpose
related to the regulation of oil and gas development, including oil
and gas monitoring and inspections, oil and gas remediation, and
oil and gas well plugging, the study and evaluation of electronic
access to geologic data and surface casing depths necessary to
protect usable groundwater in this state, alternative fuels
programs under Section 81.0681, the administration of pipeline
safety and regulatory programs, public information and services
related to those activities, and administrative costs and state
benefits for personnel involved in those activities.
SECTION 20. Section 81.112, Natural Resources Code, is
amended to read as follows:
Sec. 81.112. DISPOSITION OF TAX PROCEEDS. The tax shall be
deposited in the oil and gas regulation and cleanup fund as provided
by Section 81.067 [General Revenue Fund].
SECTION 21. Section 153.0535(b), Occupations Code, is
amended to read as follows:
(b) The board shall deposit each surcharge collected to the
credit of the public assurance account. The public assurance
account is an account in the general revenue fund that shall be
appropriated only to the board to pay for the board's licensure and
enforcement programs [program], including the expert physician
panel.
SECTION 22. Sections 201.354(d) and (g), Occupations Code,
are amended to read as follows:
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the annual renewal fee set by
the board under Section 201.153(a) [and the increase in that fee
required by Section 201.153(b)]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 201.153(a) [and the increase in that fee required by
Section 201.153(b)].
(g) A person may renew a license that has been expired for at
least one year but not more than three years if:
(1) the board determines according to criteria adopted
by board rule that the person has shown good cause for the failure
to renew the license; and
(2) the person pays to the board:
(A) the annual renewal fee set by the board under
Section 201.153(a) for each year in which the license was expired;
and
(B) an additional fee in an amount equal to the
sum of:
(i) the annual renewal fee set by the board
under Section 201.153(a), multiplied by the number of years the
license was expired, prorated for fractional years; and
(ii) two times the annual renewal fee set by
the board under Section 201.153(a)[; and
[(C) the increase in the annual renewal fee
required by Section 201.153(b)].
SECTION 23. Section 351.304(b), Occupations Code, is
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] one and one-half times the annual renewal
fee set by the board under Section 351.152 [and the additional fee
required by Section 351.153]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 351.152 [and the additional fee required by Section
351.153].
SECTION 24. Section 351.306(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section 351.152
[351.153(a)].
SECTION 25. Sections 801.303(b) and (c), Occupations Code,
are amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the renewal fee set by the board
under Section 801.154(a) [and the additional fee required by
Section 801.154(b), if applicable].
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a renewal fee that is equal to [the sum of] two times the
renewal fee set by the board under Section 801.154(a) [and the
additional fee required by Section 801.154(b), if applicable].
SECTION 26. Section 801.305(b), Occupations Code, is
amended to read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section
801.154(a) [and the additional fee required by Section 801.154(b)].
SECTION 27. Section 901.155(a), Occupations Code, is
amended to read as follows:
(a) The fee for the issuance or renewal of a license under
this chapter consists of:
(1) the amount of the fee set by the board under
Section 901.154; and
(2) [the fee increase imposed under Section 901.406;
and
[(3)] an additional $10 annual fee to be deposited to
the credit of the scholarship trust fund for fifth-year accounting
students.
SECTION 28. Section 901.405(f), Occupations Code, is
amended to read as follows:
(f) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. A person described
by this subsection whose license has been revoked under Section
901.502(3) or (4) may obtain a new license under this subsection. A
person described by this subsection must pay to the board a fee that
is equal to two times the normally required renewal fee for the
license [and is not subject to additional fees under Section
901.408].
SECTION 29. Section 901.408(a), Occupations Code, is
amended to read as follows:
(a) A person, other than a person described by Section
901.405(f), who fails to pay the license renewal fee [or the
additional fee imposed under Section 901.407, as applicable,] and
any late fee before the first anniversary of the due date of the
renewal fee [or additional fee] may renew the person's license only
by submitting to the board an application for renewal accompanied
by payment of:
(1) all accrued fees, including late fees; and
(2) the direct administrative costs incurred by the
board in renewing the person's license.
SECTION 30. Sections 1001.353(b) and (c), Occupations Code,
are amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
annual renewal fee and [,] a late renewal fee [, and any applicable
increase in fees as required by Section 1001.206].
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
board the required annual renewal fee and [,] a late renewal fee [,
and any applicable increase in fees as required by Section
1001.206] for each delinquent year or part of a year.
SECTION 31. Section 1001.355(d), Occupations Code, is
amended to read as follows:
(d) To return to active status, a license holder on inactive
status must:
(1) file with the board a written notice requesting
reinstatement to active status;
(2) pay the fee for the annual renewal of the license
[and the fee increase required by Section 1001.206]; and
(3) provide evidence satisfactory to the board that
the person has complied with the continuing education requirements
adopted by the board.
SECTION 32. Section 1101.154(a), Occupations Code, is
amended to read as follows:
(a) The fee for the issuance or renewal of a:
(1) broker license is the amount of the fee set under
Section [Sections] 1101.152 [and 1101.153] and an additional $70
[$20] fee;
(2) salesperson license is the amount of the fee set
under Section 1101.152 and an additional $20 fee; and
(3) certificate of registration is the amount of the
fee set under Section 1101.152 and an additional $20 fee.
SECTION 33. Section 1105.003(d), Occupations Code, is
amended to read as follows:
(d) All [Except as provided by Subsection (e), all] fees and
funds collected by the commission or the board and any funds
appropriated to the commission or the board shall be deposited in
interest-bearing deposit accounts in the Texas Treasury
Safekeeping Trust Company. The comptroller shall contract with
the commission and the board for the maintenance of the deposit
accounts under terms comparable to a contract between a commercial
banking institution and the institution's customers.
SECTION 34. Section 1701.156, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The Department of Public Safety may use money
appropriated to the department from the account to award grants to
local law enforcement agencies for training on incident-based
reporting systems to be used for reporting information and
statistics concerning criminal offenses committed in this state.
The department shall adopt rules governing the award of grants by
the department under this subsection.
SECTION 35. Section 1701.157, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Subsection (a) does not apply to money appropriated to
the Department of Public Safety from the account for the purpose of
awarding grants to local law enforcement agencies for training on
incident-based reporting systems under Section 1701.156(c).
SECTION 36. Section 2001.502, Occupations Code, is amended
to read as follows:
Sec. 2001.502. PRIZE TAX [FEE]. (a) A licensed authorized
organization shall[:
[(1)] collect from a person who wins a cash bingo prize
of more than $5 a tax [fee] in the amount of five percent of the
amount [or value] of the prize. Each quarter, the licensed
authorized organization shall:
(1) if a county or municipality in which the bingo game
is conducted voted to impose the prize tax before November 1,
2015:[; and]
(A) [(2)] remit a tax [to the commission a fee]
in the amount of 50 [five] percent of the amount collected as the
prize tax under this subsection to:
(i) the county in which the bingo game is
conducted, if the county voted to impose the tax by that date and
the location at which the bingo game is conducted is not within the
limits of a municipality that voted to impose the tax before that
date;
(ii) the municipality in which the bingo
game is conducted, if the municipality voted to impose the tax by
that date and the county in which the bingo game is conducted did
not vote to impose the tax before that date; or
(iii) in equal shares, the county and the
municipality in which the bingo game is conducted, if the county and
the municipality each voted to impose the tax before that date; and
(B) deposit the remainder of the taxes collected
under this subsection in the general fund of the organization; or
(2) if a county or municipality is not entitled to a
percentage of the amount of taxes collected under this subsection,
deposit the taxes collected in the general fund of the organization
[or value of all bingo prizes awarded].
(b) A county or a municipality is entitled to vote to impose
the tax described by Subsection (a) if the county or municipality:
(1) imposed a gross receipts tax on the conduct of
bingo as of January 1, 1993; and
(2) the governing body of the county or the
municipality voted before November 1, 2015, to impose the tax.
(c) A governing body of a county or municipality that voted
to impose the prize tax under Subsection (a) may at any time vote to
discontinue the imposition of the tax.
(d) No later than October 1, 2015, the commission shall
notify each county and municipality that was eligible to receive a
share of the prize fee required by law prior to September 1, 2015,
that the governing body of the county or municipality must vote
before November 1, 2015, if the county or municipality will impose
the tax after January 1, 2016. A governing body that votes before
November 1, 2015, to impose the prize tax required by Subsection (a)
shall notify each licensed authorized organization that conducts
bingo within the county or municipality of the governing body's
decision and the address and department or official to whom the tax
shall be remitted.
(e) The tax required under Subsection (a) does not apply to
a merchandise prize, including bingo cards, bingo pull-tabs, use of
a card-minder, bingo daubers, and other bingo merchandise awarded
as a prize for winning a bingo game.
(f)(1) Except as provided in this section, Subchapter K does
not apply to the tax required by Subsection (a).
(2) A county and municipality that imposes the tax
required by Subsection (a) has a cause of action for collection of
the prize tax if all or part of the prize tax is unpaid within 30
days of the end of the calendar quarter in which the prize tax was
collected.
(3) If the commission audits a licensed authorized
organization, the commission shall report to a county or
municipality any discrepancy between the amount of the prize tax
remitted to the county or municipality under this section and the
amount of prizes awarded during the conduct of bingo in a calendar
quarter times the rate of the tax.
SECTION 37. Section 151.0515(b), Tax Code, is amended to
read as follows:
(b) In each county in this state, a surcharge is imposed on
the retail sale, lease, or rental of new or used equipment in an
amount equal to 1.5 [two] percent of the sale price or the lease or
rental amount.
SECTION 38. Section 155.2415, Tax Code, is amended to read
as follows:
Sec. 155.2415. ALLOCATION OF CERTAIN REVENUE TO PROPERTY
TAX RELIEF FUND AND CERTAIN OTHER FUNDS. (a) Notwithstanding
Section 155.241, the proceeds from the collection of taxes imposed
by Section 155.0211 shall be allocated as follows:
(1) the amount of the proceeds that is equal to the
amount that, if the taxes imposed by Section 155.0211 were imposed
at a rate of 40 percent of the manufacturer's list price, exclusive
of any trade discount, special discount, or deal, would be
attributable to the portion of that tax rate in excess of 35.213
percent, shall be deposited to the credit of the property tax relief
fund under Section 403.109, Government Code;
(2) the amount of the proceeds that is equal to the
amount that would be attributable to a tax rate of 35.213 percent of
the manufacturer's list price, exclusive of any trade discount,
special discount, or deal, if the taxes were imposed by Section
155.0211 at that rate, shall be deposited to the credit of the
general revenue fund; and
(3) 100 percent of the remaining proceeds shall be
deposited to the credit of:
(A) the physician education loan repayment
program account established under Subchapter J, Chapter 61,
Education Code; or
(B) the general revenue fund, if the comptroller
determines that the unencumbered beginning balance of the physician
education loan repayment account established under Subchapter J,
Chapter 61, Education Code, is sufficient to fund appropriations
and other direct and indirect costs from that account for the
fulfillment of existing and expected physician loan repayment
commitments during the current state fiscal biennium.
(b) Proceeds deposited in accordance with Subsection
(a)(3)(B) may be appropriated only for health care purposes.
SECTION 39. Section 504.6012, Transportation Code, is
amended to read as follows:
Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
REVENUES IN TRUST. (a) Notwithstanding any other law [provision of
this subchapter], not later than September 30, 2015 [2013], the
comptroller shall eliminate all dedicated accounts established for
specialty license plates [under this subchapter] and shall set
aside the balances of those dedicated accounts so that the balances
may be appropriated only for the purposes intended as provided by
the dedications.
(b) On and after September 1, 2015 [2013], the portion of a
fee payable [under this subchapter] that is designated for deposit
to a dedicated account shall be paid instead to the credit of an
account in a trust fund created by the comptroller outside the
general revenue fund. The comptroller shall administer the trust
fund and accounts and may allocate the corpus and earnings on each
account only in accordance with the dedications of the revenue
deposited to the trust fund accounts.
SECTION 40. Section 521.421(b), Transportation Code, is
amended to read as follows:
(b) The fee for renewal of a Class M license or for renewal
of a license that includes authorization to operate a motorcycle is
$27 [$32].
SECTION 41. Section 521.421(f), Transportation Code, as
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
Regular Session, 1997, is amended to read as follows:
(f) An applicant applying for additional authorization to
operate a motorcycle shall pay a $10 [$15] fee for the required
application.
SECTION 42. Section 521.421(f), Transportation Code, as
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
Regular Session, 1997, is redesignated as Section 521.421(f-1),
Transportation Code, and amended to read as follows:
(f-1) [(f)] If a Class A, B, or C driver's license includes
an authorization to operate a motorcycle or moped, the fee for the
driver's license is increased by $3 [$8].
SECTION 43. Section 521.427(b), Transportation Code, is
amended to read as follows:
(b) Subsection (a) does not apply to:
(1) [the portion of a fee collected under Section
521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of
the 75th Legislature, Regular Session, 1997, that is required by
Section 662.011 to be deposited to the credit of the motorcycle
education fund account;
[(2)] a fee collected under Section 521.421(j); or
(2) [(3)] a fee collected under Section 521.422(b) or
(c).
SECTION 44. Section 522.029(f), Transportation Code, as
added by Chapter 1156 (S.B. 99), Acts of the 75th Legislature,
Regular Session, 1997, is amended to read as follows:
(f) The fee for renewal of a commercial driver's license or
a commercial driver learner's permit that includes authorization to
operate a motorcycle is $40 [$45].
SECTION 45. Section 522.029(f), Transportation Code, as
added by Chapter 1372 (H.B. 1200), Acts of the 75th Legislature,
Regular Session, 1997, is redesignated as Section 522.029(f-1),
Transportation Code, and amended to read as follows:
(f-1) [(f)] If a commercial driver's license or commercial
driver learner's permit includes an authorization to operate a
motorcycle or moped, the fee for the driver's license or permit is
increased by $3 [$8].
SECTION 46. Section 522.029(i), Transportation Code, is
amended to read as follows:
(i) Each [Except as provided by Section 662.011, each] fee
collected under this section shall be deposited to the credit of the
Texas mobility fund.
SECTION 47. Section 542.4031(g), Transportation Code, is
amended to read as follows:
(g) Of the money received by the comptroller under this
section, the comptroller shall deposit:
(1) 50 [67] percent to the credit of the undedicated
portion of the general revenue fund; [and]
(2) 33 percent to the credit of the designated trauma
facility and emergency medical services account under Section
780.003, Health and Safety Code; and
(3) 17 percent to the credit of the designated
emergency medical air transportation account under Section
773.222, Health and Safety Code.
SECTION 48. Section 542.406(c), Transportation Code, is
amended to read as follows:
(c) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (d) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 49. Section 707.008(a), Transportation Code, is
amended to read as follows:
(a) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (b) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 50. Section 708.103, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subsection (c), the [The] amount
of a surcharge under this section is $250 per year.
(c) The amount of a surcharge under this section is $125 per
year if the person:
(1) has been convicted of an offense under Section
601.191, and no other offense described by Subsection (a); and
(2) establishes financial responsibility under
Section 601.051 not later than the 60th day after the date of the
offense through a motor vehicle liability insurance policy that:
(A) complies with Subchapter D, Chapter 601; and
(B) is prepaid and valid for at least a six-month
period.
SECTION 51. Section 708.104, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), the [The] amount
of a surcharge under this section is $100 per year.
(b-1) The amount of a surcharge under this section is $50
per year if the person obtains a driver's license not later than the
60th day after the date of the offense.
SECTION 52. Section 16.001, Utilities Code, is amended to
read as follows:
Sec. 16.001. UTILITY GROSS RECEIPTS ASSESSMENT [ON PUBLIC
UTILITIES]. (a) To defray the expenses incurred in the
administration of this title, the commission shall impose [an
assessment is imposed] on each public utility, retail electric
provider, and electric cooperative under [within] the jurisdiction
of the commission that serves the ultimate consumer, including each
interexchange telecommunications carrier, an annual utility gross
receipts assessment in an amount determined as provided by
Subsection (b).
(b) The commission shall impose the assessment on each
public utility, retail electric provider, electric cooperative,
and interexchange telecommunications carrier so that each entity's
share of the aggregate amount of the assessments due bears the same
proportion to that aggregate amount as that entity's amount of
gross receipts from rates charged to the ultimate consumer bears to
the total of the gross receipts from rates charged to the ultimate
consumer in this state by all of the entities on which the
assessment is imposed. The commission shall revise the assessments
as necessary to result in the aggregate amount of assessments due
under this section being [An assessment under this section is]
equal to the lesser of:
(1) an amount, as determined by the commission, equal
to one-sixth of one percent of the total of the [public utility's,
retail electric provider's, or electric cooperative's] gross
receipts from rates charged to the ultimate consumer in this state
by entities on which the assessments are imposed; or
(2) an amount, as determined by the commission, equal
to the total of amounts appropriated to the commission and to the
office from the utility gross receipts assessment account for the
state fiscal year in which the assessments are due.
(c) An interexchange telecommunications carrier that does
not provide local exchange telephone service may collect the
assessment [fee] imposed under this section as an additional item
separately stated on the customer bill as "utility gross receipts
assessment."
SECTION 53. Section 16.004, Utilities Code, is amended to
read as follows:
Sec. 16.004. COLLECTION AND DEPOSIT [BY COMPTROLLER]. The
comptroller shall:
(1) collect the assessments [assessment] and any
penalty or interest due under this subchapter; and
(2) deposit the assessments, penalties, and interest
collected under this subchapter to the credit of the utility gross
receipts assessment account.
SECTION 54. Subchapter A, Chapter 16, Utilities Code, is
amended by adding Section 16.005 to read as follows:
Sec. 16.005. UTILITY GROSS RECEIPTS ASSESSMENT ACCOUNT.
(a) The utility gross receipts assessment account is an account in
the general revenue fund.
(b) Money in the account may be appropriated only to the
commission or the office for the administration of this title.
SECTION 55. Section 39.9039(b), Utilities Code, is amended
to read as follows:
(b) Notwithstanding Section 39.903(e), money in the system
benefit fund may be appropriated:
(1) for the state fiscal year beginning September 1,
2013, a program established by the commission to assist low-income
electric customers by providing a reduced rate for the months of
September, 2013, and May through August, 2014, in the manner
prescribed by Section 39.903(h) at a rate of up to 82 percent;
(2) for the state fiscal year beginning September 1,
2014, a program established by the commission to assist low-income
electric customers by providing a reduced rate for the months of
September, 2014, and May through August, 2015, in the manner
prescribed by Section 39.903(h) at a rate of up to 15 percent;
(3) for the state fiscal year beginning September 1,
2015, a program established by the commission to assist low-income
electric customers by providing a reduced rate [for the months of
September, 2015, and May through August, 2016,] in the manner
prescribed by Section 39.903(h) at a rate the commission determines
is necessary to exhaust the system benefit fund [of up to 15
percent]; and
(4) for customer education programs and
administrative expenses incurred by the commission in implementing
and administering this chapter.
SECTION 56. Section 121.211(h), Utilities Code, is amended
to read as follows:
(h) A fee collected under this section shall be deposited to
the credit of the oil and gas regulation and cleanup [general
revenue] fund as provided by Section 81.067, Natural Resources Code
[to be used for the pipeline safety and regulatory program].
SECTION 57. Section 26.3574(b-1), Water Code, is amended to
read as follows:
(b-1) The commission by rule shall set the amount of the fee
in Subsection (b) in an amount not to exceed the amount necessary to
cover the agency's costs of administering this subchapter, as
indicated by the amount appropriated by the legislature from the
petroleum storage tank remediation account for that purpose, not
including any amount appropriated by the legislature from the
petroleum storage tank remediation account for the purpose of the
monitoring or remediation of releases occurring on or before
December 22, 1998.
SECTION 58. Section 27.0321, Water Code, is amended to read
as follows:
Sec. 27.0321. APPLICATION FEE. (a) With each application
for an oil and gas waste disposal well permit, the applicant shall
submit to the railroad commission a nonrefundable fee of $100.
(b) The fee collected under this section shall be deposited
to the credit of the oil and gas regulation and cleanup fund as
provided by Section 81.067, Natural Resources Code.
SECTION 59. Section 10(e), Article 4413(37), Revised
Statutes, is amended to read as follows:
(e) The Automobile Burglary and Theft Prevention Authority
trust fund is created as a trust fund in the state treasury. Fifty
percent of each fee collected under Subsection (b) shall be
deposited to the credit of the trust fund. The comptroller shall
administer the trust fund as trustee on behalf of the authority. The
comptroller shall allocate all money in the trust fund [may be
appropriated only to the authority] for the purposes of this
article.
SECTION 60. The following provisions of law, including
provisions amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, are repealed:
(1) Section 102.055, Business & Commerce Code;
(2) Section 56.459(f), Education Code;
(3) Section 56.465, Education Code;
(4) Section 61.539, Education Code;
(5) Section 780.003(c), Health and Safety Code;
(6) Chapter 782, Health and Safety Code;
(7) Section 81.113, Natural Resources Code;
(8) Section 153.053, Occupations Code;
(9) Sections 201.153(b) and (c), Occupations Code;
(10) Section 254.004(b), Occupations Code;
(11) Section 351.153, Occupations Code;
(12) Section 501.153, Occupations Code;
(13) Sections 801.154(b), (c), and (d), Occupations
Code;
(14) Section 901.406, Occupations Code;
(15) Section 901.407, Occupations Code;
(16) Section 901.410, Occupations Code;
(17) Section 1001.206, Occupations Code;
(18) Section 1051.652, Occupations Code;
(19) Section 1052.0541, Occupations Code;
(20) Section 1053.0521, Occupations Code;
(21) Section 1071.1521, Occupations Code;
(22) Section 1101.153, Occupations Code;
(23) Section 1105.003(e), Occupations Code;
(24) Section 1152.053, Occupations Code;
(25) Subchapter H, Chapter 191, Tax Code;
(26) Section 662.011, Transportation Code;
(27) Section 1001.151(c), Transportation Code; and
(28) Section 41, The Securities Act (Article 581-41,
Vernon's Texas Civil Statutes).
SECTION 61. The following sections of Chapter 2001,
Occupations Code, are repealed:
(1) Section 2001.503; and
(2) Section 2001.507.
SECTION 62. Not later than January 1, 2016, the Department
of Public Safety shall adopt rules as required by Section
1701.156(c), Occupations Code, as added by this Act.
SECTION 63. The changes in law made by this Act to Sections
708.103 and 708.104, Transportation Code, apply to a surcharge
pending on the effective date of this Act, regardless of when the
surcharge was assessed.
SECTION 64. Not later than the 90th day of the state fiscal
year beginning September 1, 2015, the comptroller shall transfer
any remaining balance in the educator excellence innovation fund
account No. 5135 to the credit of the general revenue fund.
SECTION 65. Not later than the 90th day of the state fiscal
year beginning September 1, 2015, the comptroller shall transfer
any remaining balance in the regional trauma account No. 5137 to the
credit of the designated trauma facility and EMS account No. 5111 in
the general revenue fund.
SECTION 66. Not later than the 90th day of the state fiscal
year beginning September 1, 2015, the comptroller shall transfer
any remaining balance in the motorcycle education account No. 0501
to the credit of the general revenue fund.
SECTION 67. (a) Notwithstanding Section 2007.002,
Insurance Code, as amended by this Act, for the state fiscal years
beginning September 1, 2015, and beginning September 1, 2016, the
comptroller shall assess against all insurers to which Chapter
2007, Insurance Code, applies amounts for that state fiscal year
necessary, as determined by the commissioner of insurance, to
collect a combined total equal to the lesser of:
(1) the total amount that the General Appropriations
Act appropriates from the volunteer fire department assistance fund
account in the general revenue fund for that state fiscal year other
than:
(A) appropriations for contributions to the
Texas Emergency Services Retirement System made under Section
614.104(d), Government Code, as added by this Act; and
(B) appropriations to the Texas A&M Forest
Service for grants to volunteer fire departments in a total amount
not to exceed $11,500,000; or
(2) $30 million.
(b) This section expires September 1, 2017.
SECTION 68. (a) The changes in law made to Sections 52.91
and 56.463, Education Code, apply beginning with tuition charged
for the 2015 fall semester.
(b) Tuition charged for any semester or other academic term
before the 2015 fall semester is covered by the applicable law as it
existed before the effective date of this Act, and the former law is
continued in effect for that purpose.
SECTION 69. Section 542.4031(g), Transportation Code, as
amended by this Act, applies only to the distribution of revenue
collected on or after the effective date of this Act. The
distribution of revenue collected before the effective date of this
Act is governed by the law in effect at the time the revenue was
collected, and that law is continued in effect for the purpose of
the distribution of that revenue.
SECTION 70. (a) The changes in law made by the amendment of
Section 16.001, Utilities Code, by this Act are applicable only to
an assessment made under that section to be due on or after August
15, 2017, as provided by Section 16.002, Utilities Code. An
assessment due before that date is governed by the law as it existed
immediately before the effective date of this Act, and that law is
continued in effect for that purpose.
(b) Notwithstanding Section 16.001, Utilities Code, as
amended by this Act, if the Public Utilities Commission does not
take action to determine the amount of assessments under that
section to be due August 15, 2017, following the method described by
Section 16.001(b), as amended by this Act, the commission shall
impose the assessment under Section 16.001 as that provision
existed immediately before the effective date of this Act, and that
law is continued in effect for that purpose.
SECTION 71. The changes in law made by this Act do not
affect a surcharge, additional fee, additional charge, fee
increase, tax, or late fee imposed before the effective date of this
Act, and the law in effect before the effective date of this Act is
continued in effect for purposes of the liability for and
collection of those surcharges, additional fees, additional
charges, fee increases, taxes, and late fees.
SECTION 72. This Act takes effect September 1, 2015.