1 | 1 | | 84R3608 MK-F |
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2 | 2 | | By: Watson S.B. No. 198 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the use of statutorily dedicated revenues for budget |
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8 | 8 | | certification. |
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9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 10 | | SECTION 1. Section 403.095, Government Code, is amended by |
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11 | 11 | | amending Subsections (b), (d), and (e) and adding Subsection (b-1) |
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12 | 12 | | to read as follows: |
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13 | 13 | | (b) Notwithstanding any law dedicating or setting aside |
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14 | 14 | | revenue for a particular purpose or entity, an amount of dedicated |
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15 | 15 | | revenues, not to exceed a total of $1 billion, that on August 31 of |
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16 | 16 | | an odd-numbered year is [, 2015, are] estimated to exceed the amount |
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17 | 17 | | appropriated by the General Appropriations Act or other laws |
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18 | 18 | | enacted by the legislature is [83rd Legislature are] available for |
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19 | 19 | | general governmental purposes and is [are] considered available for |
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20 | 20 | | the purpose of certification under Section 403.121. It is the |
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21 | 21 | | intent of the legislature that dedicated revenues that exceed the |
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22 | 22 | | total amount that this subsection makes available for general |
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23 | 23 | | governmental purposes and for certification must be used for the |
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24 | 24 | | purposes for which the revenues are dedicated. |
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25 | 25 | | (b-1) Notwithstanding the limitation provided by Subsection |
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26 | 26 | | (b), the amount of dedicated revenues described by that subsection |
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27 | 27 | | that on August 31 of an odd-numbered year is estimated to exceed the |
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28 | 28 | | amount appropriated by the General Appropriations Act or other laws |
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29 | 29 | | enacted by the legislature is considered available for general |
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30 | 30 | | governmental purposes and for the purpose of certification under |
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31 | 31 | | Section 403.121 in an amount not to exceed: |
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32 | 32 | | (1) $3.4 billion for the fiscal biennium ending August |
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33 | 33 | | 31, 2017; |
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34 | 34 | | (2) $2.6 billion for the fiscal biennium ending August |
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35 | 35 | | 31, 2019; and |
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36 | 36 | | (3) $1.8 billion for the fiscal biennium ending August |
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37 | 37 | | 31, 2021. |
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38 | 38 | | (d) Following certification of the General Appropriations |
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39 | 39 | | Act and other appropriations measures enacted by the legislature |
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40 | 40 | | [83rd Legislature], the comptroller shall reduce each dedicated |
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41 | 41 | | account as directed by the legislature by an amount that may not |
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42 | 42 | | exceed the amount by which estimated revenues and unobligated |
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43 | 43 | | balances exceed appropriations. The reductions may be made in the |
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44 | 44 | | amounts and at the times necessary for cash flow considerations to |
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45 | 45 | | allow all the dedicated accounts to maintain adequate cash balances |
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46 | 46 | | to transact routine business. The legislature may authorize, in |
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47 | 47 | | the General Appropriations Act, the temporary delay of the excess |
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48 | 48 | | balance reduction required under this subsection. This subsection |
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49 | 49 | | does not apply to revenues or balances in: |
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50 | 50 | | (1) funds outside the treasury; |
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51 | 51 | | (2) trust funds, which for purposes of this section |
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52 | 52 | | include funds that may or are required to be used in whole or in part |
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53 | 53 | | for the acquisition, development, construction, or maintenance of |
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54 | 54 | | state and local government infrastructures, recreational |
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55 | 55 | | facilities, or natural resource conservation facilities; |
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56 | 56 | | (3) funds created by the constitution or a court; or |
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57 | 57 | | (4) funds for which separate accounting is required by |
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58 | 58 | | federal law. |
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59 | 59 | | (e) This subsection and Subsection (b-1) expire [section |
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60 | 60 | | expires] September 1, 2023 [2015]. |
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61 | 61 | | SECTION 2. This Act takes effect immediately if it receives |
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62 | 62 | | a vote of two-thirds of all the members elected to each house, as |
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63 | 63 | | provided by Section 39, Article III, Texas Constitution. If this |
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64 | 64 | | Act does not receive the vote necessary for immediate effect, this |
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65 | 65 | | Act takes effect September 1, 2015. |
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