84R3608 MK-F
By: Watson S.B. No. 198
A BILL TO BE ENTITLED
AN ACT
relating to the use of statutorily dedicated revenues for budget
certification.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 403.095, Government Code, is amended by
amending Subsections (b), (d), and (e) and adding Subsection (b-1)
to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, an amount of dedicated
revenues, not to exceed a total of $1 billion, that on August 31 of
an odd-numbered year is [, 2015, are] estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the legislature is [83rd Legislature are] available for
general governmental purposes and is [are] considered available for
the purpose of certification under Section 403.121. It is the
intent of the legislature that dedicated revenues that exceed the
total amount that this subsection makes available for general
governmental purposes and for certification must be used for the
purposes for which the revenues are dedicated.
(b-1) Notwithstanding the limitation provided by Subsection
(b), the amount of dedicated revenues described by that subsection
that on August 31 of an odd-numbered year is estimated to exceed the
amount appropriated by the General Appropriations Act or other laws
enacted by the legislature is considered available for general
governmental purposes and for the purpose of certification under
Section 403.121 in an amount not to exceed:
(1) $3.4 billion for the fiscal biennium ending August
31, 2017;
(2) $2.6 billion for the fiscal biennium ending August
31, 2019; and
(3) $1.8 billion for the fiscal biennium ending August
31, 2021.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the legislature
[83rd Legislature], the comptroller shall reduce each dedicated
account as directed by the legislature by an amount that may not
exceed the amount by which estimated revenues and unobligated
balances exceed appropriations. The reductions may be made in the
amounts and at the times necessary for cash flow considerations to
allow all the dedicated accounts to maintain adequate cash balances
to transact routine business. The legislature may authorize, in
the General Appropriations Act, the temporary delay of the excess
balance reduction required under this subsection. This subsection
does not apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in part
for the acquisition, development, construction, or maintenance of
state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(e) This subsection and Subsection (b-1) expire [section
expires] September 1, 2023 [2015].
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.