Texas 2015 - 84th Regular

Texas Senate Bill SB1276 Compare Versions

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

Old	New	Differences
1	1	84R13884 MK-D
2	2	By: Nelson S.B. No. 1276
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the amounts, availability, and use of certain
8	8	statutorily dedicated revenue and accounts; reducing or affecting
9	9	the amounts or rates of certain statutorily dedicated fees and
10	10	assessments.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 102.055, Business & Commerce Code, is
13	13	amended to read as follows:
14	14	Sec. 102.055. ALLOCATION OF ADDITIONAL REVENUE. [(a)] The
15	15	comptroller shall deposit all amounts received from the fee imposed
16	16	under this subchapter after the first $25 million in a state fiscal
17	17	biennium to the credit of the general revenue fund [in the Texas
18	18	health opportunity pool established under Subchapter N, Chapter
19	19	531, Government Code. Money deposited in the pool under this
20	20	section may be used only to provide health benefits coverage
21	21	premium payment assistance to low-income persons through a premium
22	22	payment assistance program developed under that subchapter].
23	23	[(b) This section takes effect only if Senate Bill No. 10,
24	24	Acts of the 80th Legislature, Regular Session, 2007, becomes law
25	25	and the Texas health opportunity pool is established under that
26	26	Act. If that Act does not become law, or that Act becomes law but
27	27	the pool is not established, this section has no effect, and the
28	28	revenue is deposited as provided by Section 47.0551.]
29	29	SECTION 2. Section 21.703, Education Code, is amended to
30	30	read as follows:
31	31	Sec. 21.703. [EDUCATOR EXCELLENCE INNOVATION FUND;] AMOUNT
32	32	OF GRANT AWARD. (a) [Each state fiscal year, the commissioner
33	33	shall deposit an amount determined by the General Appropriations
34	34	Act to the credit of the educator excellence innovation fund in the
35	35	general revenue fund.] Each state fiscal year, the agency shall
36	36	[use money in the educator excellence innovation fund to] provide
37	37	each school district approved on a competitive basis under this
38	38	subchapter with a grant in an amount determined by the agency in
39	39	accordance with commissioner rule.
40	40	(b) Not later than April 1 of each state fiscal year, the
41	41	agency shall provide written notice to each school district that
42	42	will be provided a grant under this section that the district will
43	43	be provided the grant and the amount of that grant.
44	44	SECTION 3. Section 56.463, Education Code, is amended by
45	45	amending Subsection (b) and adding Subsection (c) to read as
46	46	follows:
47	47	(b) Money in the Texas B-On-time student loan account may be
48	48	appropriated [used] only:
49	49	(1) to pay any costs of the coordinating board related
50	50	to the operation of the Texas B-On-time loan program and as
51	51	otherwise provided by this subchapter; or
52	52	(2) to the institutions of higher education that
53	53	contribute to the account as provided by Section 56.465 and only for
54	54	a purpose other than the Texas B-On-time loan program.
55	55	(c) Appropriations under Subsection (b)(2) must be made so
56	56	that each of the institutions of higher education receives an
57	57	amount that is in proportion to the net amount the institution
58	58	contributed to the Texas B-On-time student loan account.
59	59	SECTION 4. Section 61.5391(a), Education Code, is amended
60	60	to read as follows:
61	61	(a) The physician education loan repayment program account
62	62	is an account in the general revenue fund. The account is composed
63	63	of:
64	64	(1) gifts and grants contributed to the account;
65	65	(2) earnings on the principal of the account; and
66	66	(3) other amounts deposited to the credit of the
67	67	account, including:
68	68	(A) money deposited under Section [61.539(b) or]
69	69	61.5392;
70	70	(B) legislative appropriations; and
71	71	(C) money deposited under Section 155.2415, Tax
72	72	Code.
73	73	SECTION 5. Subchapter B, Chapter 403, Government Code, is
74	74	amended by adding Section 403.0143 to read as follows:
75	75	Sec. 403.0143. REPORT ON USE OF GENERAL REVENUE-DEDICATED
76	76	ACCOUNTS. After each regular session of the legislature, the
77	77	comptroller shall issue a report that itemizes each general
78	78	revenue-dedicated account and the estimated balance and revenue in
79	79	each account that is considered available for the purposes of
80	80	certification of appropriations as provided by Section 403.095.
81	81	The comptroller shall publish the report on the comptroller's
82	82	Internet website.
83	83	SECTION 6. Section 420.008(c), Government Code, is amended
84	84	to read as follows:
85	85	(c) The legislature may appropriate money deposited to the
86	86	credit of the fund only to:
87	87	(1) the attorney general, for:
88	88	(A) sexual violence awareness and prevention
89	89	campaigns;
90	90	(B) grants to faith-based groups, independent
91	91	school districts, and community action organizations for programs
92	92	for the prevention of sexual assault and programs for victims of
93	93	human trafficking;
94	94	(C) grants for equipment for sexual assault nurse
95	95	examiner programs, to support the preceptorship of future sexual
96	96	assault nurse examiners, and for the continuing education of sexual
97	97	assault nurse examiners;
98	98	(D) grants to increase the level of sexual
99	99	assault services in this state;
100	100	(E) grants to support victim assistance
101	101	coordinators;
102	102	(F) grants to support technology in rape crisis
103	103	centers;
104	104	(G) grants to and contracts with a statewide
105	105	nonprofit organization exempt from federal income taxation under
106	106	Section 501(c)(3), Internal Revenue Code of 1986, having as a
107	107	primary purpose ending sexual violence in this state, for programs
108	108	for the prevention of sexual violence, outreach programs, and
109	109	technical assistance to and support of youth and rape crisis
110	110	centers working to prevent sexual violence; and
111	111	(H) grants to regional nonprofit providers of
112	112	civil legal services to provide legal assistance for sexual assault
113	113	victims;
114	114	(2) the Department of State Health Services, to
115	115	measure the prevalence of sexual assault in this state and for
116	116	grants to support programs assisting victims of human trafficking;
117	117	(3) the Institute on Domestic Violence and Sexual
118	118	Assault at The University of Texas at Austin, to conduct research on
119	119	all aspects of sexual assault and domestic violence;
120	120	(4) Texas State University, for training and technical
121	121	assistance to independent school districts for campus safety;
122	122	(5) the office of the governor, for grants to support
123	123	sexual assault and human trafficking prosecution projects;
124	124	(6) the department [Department of Public Safety], to
125	125	support sexual assault training for commissioned officers;
126	126	(7) the comptroller's judiciary section, for
127	127	increasing the capacity of the sex offender civil commitment
128	128	program;
129	129	(8) the Texas Department of Criminal Justice:
130	130	(A) for pilot projects for monitoring sex
131	131	offenders on parole; and
132	132	(B) for increasing the number of adult
133	133	incarcerated sex offenders receiving treatment;
134	134	(9) the Texas Juvenile Justice Department [Youth
135	135	Commission], for increasing the number of incarcerated juvenile sex
136	136	offenders receiving treatment;
137	137	(10) the comptroller, for the administration of the
138	138	fee imposed on sexually oriented businesses under Section 102.052,
139	139	Business & Commerce Code; [and]
140	140	(11) the supreme court, to be transferred to the Texas
141	141	[Equal] Access to Justice Foundation, or a similar entity, to
142	142	provide victim-related legal services to sexual assault victims,
143	143	including legal assistance with protective orders,
144	144	relocation-related matters, victim compensation, and actions to
145	145	secure privacy protections available to victims under law; and
146	146	(12) any state agency or organization for the purpose
147	147	of conducting human trafficking enforcement programs.
148	148	SECTION 7. Section 614.104, Government Code, is amended by
149	149	amending Subsections (a) and (b) and adding Subsection (d) to read
150	150	as follows:
151	151	(a) The volunteer fire department assistance fund is an
152	152	account in the general revenue fund and is composed of money
153	153	collected under Chapter 2007 [Article 5.102], Insurance Code, and
154	154	contributions to the fund from any other source.
155	155	(b) Except as provided by Subsections [Subsection] (c) and
156	156	(d), money in the fund may be used only for a purpose under this
157	157	subchapter.
158	158	(d) Money in the fund may be appropriated for a contribution
159	159	to the Texas Emergency Services Retirement System subject to
160	160	Section 865.015.
161	161	SECTION 8. Section 382.0622(a), Health and Safety Code, is
162	162	amended to read as follows:
163	163	(a) Clean Air Act fees consist of:
164	164	(1) fees collected by the commission under Sections
165	165	382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
166	166	by law;
167	167	(2) $2 from the portion of each fee collected for
168	168	inspections of vehicles other than mopeds and remitted to the state
169	169	under Sections [Section] 548.501 and 548.503, Transportation Code;
170	170	and
171	171	(3) fees collected that are required under Section 185
172	172	of the federal Clean Air Act (42 U.S.C. Section 7511d).
173	173	SECTION 9. Section 771.071(b), Health and Safety Code, is
174	174	amended to read as follows:
175	175	(b) The amount of the fee may not exceed 50 cents a month for
176	176	each line. The commission shall suspend the fees established under
177	177	this section for the duration of any state fiscal biennium for which
178	178	the unencumbered balance of the 9-1-1 services fee account and the
179	179	anticipated revenue to be deposited to the account from fees on
180	180	wireless telecommunications connections imposed under Section
181	181	771.0711 are sufficient to pay for all of the appropriations from
182	182	that account. The commission may reinstate its imposition of the
183	183	fees under this section if the commission anticipates that in the
184	184	next succeeding state fiscal biennium the unencumbered balance of
185	185	the 9-1-1 services fee account will not otherwise be sufficient to
186	186	pay for all of the appropriations from that account.
187	187	SECTION 10. Sections 771.0711(a) and (b), Health and Safety
188	188	Code, are amended to read as follows:
189	189	(a) To provide for automatic number identification and
190	190	automatic location identification of wireless 9-1-1 calls, the
191	191	commission shall impose on each wireless telecommunications
192	192	connection a 9-1-1 emergency service fee in an amount determined by
193	193	the commission to be sufficient, when considered together with the
194	194	anticipated revenue from the 9-1-1 emergency service fees imposed
195	195	under Section 771.071, to fund all entities in this state that
196	196	provide emergency communications services but not more than 50
197	197	cents a month for each connection. A political subdivision may not
198	198	impose another fee on a wireless service provider or subscriber for
199	199	9-1-1 emergency service.
200	200	(b) A wireless service provider shall collect the fee [in an
201	201	amount equal to 50 cents a month] for each wireless
202	202	telecommunications connection from its subscribers and shall pay
203	203	the money collected to the comptroller not later than the 30th day
204	204	after the last day of the month during which the fees were
205	205	collected. The comptroller may establish alternative dates for
206	206	payment of fees under this section. The wireless service provider
207	207	may retain an administrative fee of one percent of the amount
208	208	collected. The comptroller shall deposit the money from the fees to
209	209	the credit of the 9-1-1 services fee account. Until deposited to
210	210	the credit of the 9-1-1 services fee account as required by
211	211	Subsection (c), money the comptroller collects under this
212	212	subsection remains in a trust fund with the state treasury.
213	213	SECTION 11. The heading to Section 780.002, Health and
214	214	Safety Code, is amended to read as follows:
215	215	Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT.
216	216	SECTION 12. Section 780.003(b), Health and Safety Code, is
217	217	amended to read as follows:
218	218	(b) The account is composed of money deposited to the credit
219	219	of the account under Sections 542.406 and 707.008, Transportation
220	220	Code, and under Section 780.002 of this code[, and the earnings of
221	221	the account].
222	222	SECTION 13. Section 2007.002, Insurance Code, is amended to
223	223	read as follows:
224	224	Sec. 2007.002. ASSESSMENT. The comptroller shall assess
225	225	against all insurers to which this chapter applies amounts for each
226	226	state fiscal year necessary, as determined by the commissioner, to
227	227	collect a combined total equal to the lesser of:
228	228	(1) the total amount that the General Appropriations
229	229	Act appropriates from the volunteer fire department assistance fund
230	230	account in the general revenue fund for that state fiscal year other
231	231	than appropriations for contributions to the Texas Emergency
232	232	Services Retirement System made under Section 614.104(d),
233	233	Government Code; or [and]
234	234	(2) $30 million.
235	235	SECTION 14. Section 1701.156, Occupations Code, is amended
236	236	by adding Subsection (c) to read as follows:
237	237	(c) The Department of Public Safety may use money
238	238	appropriated to the department from the account to award grants to
239	239	local law enforcement agencies for training on incident-based
240	240	reporting systems to be used for reporting information and
241	241	statistics concerning criminal offenses committed in this state.
242	242	The department shall adopt rules governing the award of grants by
243	243	the department under this subsection.
244	244	SECTION 15. Section 1701.157, Occupations Code, is amended
245	245	by adding Subsection (a-1) to read as follows:
246	246	(a-1) Subsection (a) does not apply to money appropriated to
247	247	the Department of Public Safety from the account for the purpose of
248	248	awarding grants to local law enforcement agencies for training on
249	249	incident-based reporting systems under Section 1701.156(c).
250	250	SECTION 16. Section 155.2415, Tax Code, is amended to read
251	251	as follows:
252	252	Sec. 155.2415. ALLOCATION OF CERTAIN REVENUE TO PROPERTY
253	253	TAX RELIEF FUND AND CERTAIN OTHER FUNDS. Notwithstanding Section
254	254	155.241, the proceeds from the collection of taxes imposed by
255	255	Section 155.0211 shall be allocated as follows:
256	256	(1) the amount of the proceeds that is equal to the
257	257	amount that, if the taxes imposed by Section 155.0211 were imposed
258	258	at a rate of 40 percent of the manufacturer's list price, exclusive
259	259	of any trade discount, special discount, or deal, would be
260	260	attributable to the portion of that tax rate in excess of 35.213
261	261	percent, shall be deposited to the credit of the property tax relief
262	262	fund under Section 403.109, Government Code;
263	263	(2) the amount of the proceeds that is equal to the
264	264	amount that would be attributable to a tax rate of 35.213 percent of
265	265	the manufacturer's list price, exclusive of any trade discount,
266	266	special discount, or deal, if the taxes were imposed by Section
267	267	155.0211 at that rate, shall be deposited to the credit of the
268	268	general revenue fund; and
269	269	(3) 100 percent of the remaining proceeds shall be
270	270	deposited to the credit of:
271	271	(A) the physician education loan repayment
272	272	program account established under Subchapter J, Chapter 61,
273	273	Education Code; or
274	274	(B) the general revenue fund, if the comptroller
275	275	determines that the unencumbered beginning balance of the physician
276	276	education loan repayment account established under Subchapter J,
277	277	Chapter 61, Education Code, is sufficient to fund appropriations
278	278	and other direct and indirect costs from that account for the
279	279	current state fiscal year.
280	280	SECTION 17. Section 542.406(c), Transportation Code, is
281	281	amended to read as follows:
282	282	(c) Not later than the 60th day after the end of a local
283	283	authority's fiscal year, after deducting amounts the local
284	284	authority is authorized by Subsection (d) to retain, the local
285	285	authority shall:
286	286	(1) send 50 percent of the revenue derived from civil
287	287	or administrative penalties collected by the local authority under
288	288	this section to the comptroller for deposit to the credit of the
289	289	designated [regional] trauma facility and emergency medical
290	290	services account established under Section 780.003 [782.002],
291	291	Health and Safety Code; and
292	292	(2) deposit the remainder of the revenue in a special
293	293	account in the local authority's treasury that may be used only to
294	294	fund traffic safety programs, including pedestrian safety
295	295	programs, public safety programs, intersection improvements, and
296	296	traffic enforcement.
297	297	SECTION 18. Section 707.008(a), Transportation Code, is
298	298	amended to read as follows:
299	299	(a) Not later than the 60th day after the end of a local
300	300	authority's fiscal year, after deducting amounts the local
301	301	authority is authorized by Subsection (b) to retain, the local
302	302	authority shall:
303	303	(1) send 50 percent of the revenue derived from civil
304	304	or administrative penalties collected by the local authority under
305	305	this section to the comptroller for deposit to the credit of the
306	306	designated [regional] trauma facility and emergency medical
307	307	services account established under Section 780.003 [782.002],
308	308	Health and Safety Code; and
309	309	(2) deposit the remainder of the revenue in a special
310	310	account in the local authority's treasury that may be used only to
311	311	fund traffic safety programs, including pedestrian safety
312	312	programs, public safety programs, intersection improvements, and
313	313	traffic enforcement.
314	314	SECTION 19. Section 708.103, Transportation Code, is
315	315	amended by amending Subsection (b) and adding Subsection (c) to
316	316	read as follows:
317	317	(b) Except as provided by Subsection (c), the [The] amount
318	318	of a surcharge under this section is $250 per year.
319	319	(c) The amount of a surcharge under this section is $125 per
320	320	year if the person:
321	321	(1) has been convicted of an offense under Section
322	322	601.191, and no other offense described by Subsection (a); and
323	323	(2) establishes financial responsibility under
324	324	Section 601.051 not later than the 60th day after the date of the
325	325	offense through a motor vehicle liability insurance policy that:
326	326	(A) complies with Subchapter D, Chapter 601; and
327	327	(B) is prepaid and valid for at least a six-month
328	328	period.
329	329	SECTION 20. Section 708.104, Transportation Code, is
330	330	amended by amending Subsection (b) and adding Subsection (b-1) to
331	331	read as follows:
332	332	(b) Except as provided by Subsection (b-1), the [The] amount
333	333	of a surcharge under this section is $100 per year.
334	334	(b-1) The amount of a surcharge under this section is $50
335	335	per year if the person obtains a driver's license not later than the
336	336	60th day after the date of the offense.
337	337	SECTION 21. Section 39.903(m), Utilities Code, is amended
338	338	to read as follows:
339	339	(m) This section expires September 1, 2017 [2016].
340	340	SECTION 22. Section 39.9039, Utilities Code, is amended to
341	341	read as follows:
342	342	Sec. 39.9039. ELIMINATION OF SYSTEM BENEFIT FUND BALANCE.
343	343	(a) Notwithstanding Section 39.903(b), the commission shall set the
344	344	nonbypassable system benefit fund fee at the amount of zero cents
345	345	per megawatt hour for the period beginning September 1, 2013, and
346	346	ending September 1, 2017 [2016].
347	347	(b) Notwithstanding Section 39.903(e), money in the system
348	348	benefit fund may be appropriated:
349	349	(1) [for the state fiscal year beginning September 1,
350	350	2013, a program established by the commission to assist low-income
351	351	electric customers by providing a reduced rate for the months of
352	352	September, 2013, and May through August, 2014, in the manner
353	353	prescribed by Section 39.903(h) at a rate of up to 82 percent;
354	354	[(2)] for the state fiscal year beginning September 1,
355	355	2014, a program established by the commission to assist low-income
356	356	electric customers by providing a reduced rate for the months of
357	357	September, 2014, and May through August, 2015, in the manner
358	358	prescribed by Section 39.903(h) at a rate of up to 15 percent;
359	359	(2) [(3)] for the state fiscal year beginning
360	360	September 1, 2015, a program established by the commission to
361	361	assist low-income electric customers by providing a reduced rate
362	362	for the months of September, 2015, and May through August, 2016, in
363	363	the manner prescribed by Section 39.903(h) at a rate of up to 33
364	364	[15] percent;
365	365	(3) for the state fiscal year beginning September 1,
366	366	2016, a program established by the commission to assist low-income
367	367	electric customers by providing a reduced rate for the months of
368	368	September, 2016, and May through August, 2017, in the manner
369	369	prescribed by Section 39.903(h) at a rate of up to 33 percent; and
370	370	(4) for customer education programs and
371	371	administrative expenses incurred by the commission in implementing
372	372	and administering this chapter.
373	373	(c) This section expires September 1, 2017 [2016].
374	374	SECTION 23. Section 26.3574(b-1), Water Code, is amended to
375	375	read as follows:
376	376	(b-1) The commission by rule shall set the amount of the fee
377	377	in Subsection (b) in an amount not to exceed the amount necessary to
378	378	cover the agency's costs of administering this subchapter, as
379	379	indicated by the amount appropriated by the legislature from the
380	380	petroleum storage tank remediation account for that purpose, not
381	381	including any amount appropriated by the legislature from the
382	382	petroleum storage tank remediation account for the purpose of the
383	383	monitoring or remediation of releases occurring on or before
384	384	December 22, 1998.
385	385	SECTION 24. The following provisions of law are repealed:
386	386	(1) Section 61.539, Education Code;
387	387	(2) Section 780.003(c), Health and Safety Code; and
388	388	(3) Chapter 782, Health and Safety Code.
389	389	SECTION 25. Not later than January 1, 2016, the Department
390	390	of Public Safety shall adopt rules as required by Section
391	391	1701.156(c), Occupations Code, as added by this Act.
392	392	SECTION 26. The changes in law made by this Act to Sections
393	393	708.103 and 708.104, Transportation Code, apply to a surcharge
394	394	pending on the effective date of this Act, regardless of when the
395	395	surcharge was assessed.
396	396	SECTION 27. Not later than the 90th day of the state fiscal
397	397	year beginning September 1, 2015, the comptroller shall transfer
398	398	any remaining balance in the educator excellence innovation fund
399	399	account No. 5135 to the credit of the general revenue fund.
400	400	SECTION 28. Not later than the 90th day of the state fiscal
401	401	year beginning September 1, 2015, the comptroller shall transfer
402	402	any remaining balance in the regional trauma account No. 5137 to the
403	403	credit of the designated trauma facility and EMS account No. 5111 in
404	404	the general revenue fund.
405	405	SECTION 29. This Act takes effect September 1, 2015.