By: Zerwas H.B. No. 3849
A BILL TO BE ENTITLED
AN ACT
relating to the creation and re-creation of funds and accounts, the
dedication and rededication of revenue, and the exemption of
unappropriated money from use for general governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In any provision of this Act that
does not amend current law, "state agency" means an office,
institution, or other agency that is in the executive branch or the
judicial branch of state government, has authority that is not
limited to a geographical portion of the state, and was created by
the constitution or a statute of this state. The term does not
include an institution of higher education as defined by Section
61.003, Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created by an Act of the 85th
Legislature, Regular Session, 2017, that becomes law and all
dedications or rededications of revenue collected by a state agency
for a particular purpose by an Act of the 85th Legislature, Regular
Session, 2017, that becomes law are abolished on the later of August
31, 2017, or the date the Act creating or re-creating the fund or
account or dedicating or rededicating revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 85th Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Section 403.094(h), Government Code, at the time
dedications, accounts, and funds were abolished under that
provision;
(3) increases in fees or in other revenue dedicated as
described by this section; or
(4) increases in fees or in other revenue required to
be deposited in a fund or account described by this section.
SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created under an Act of the 85th Legislature, Regular
Session, 2017, for which separate accounting is required by federal
law, except that the funds shall be deposited in accounts in the
general revenue fund unless otherwise required by federal law.
SECTION 5. TRUST FUNDS. Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 85th Legislature, Regular Session,
2017, except that the trust funds shall be held in the state
treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the
85th Legislature, Regular Session, 2017, except that the funds
shall be held in the state treasury, with the comptroller in trust,
or outside the state treasury with the comptroller's approval.
SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does
not apply to funds or accounts that would be created or re-created
by the Texas Constitution or revenue that would be dedicated or
rededicated by the Texas Constitution under a constitutional
amendment proposed by the 85th Legislature, Regular Session, 2017,
or to dedicated revenue deposited to funds or accounts that would be
so created or re-created, if the constitutional amendment is
approved by the voters.
SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS,
OR REVENUE. Section 2 of this Act does not apply to a newly
authorized dedication of or use of a dedicated fund, a dedicated
account, or dedicated revenue as provided by an Act of the 85th
Legislature, Regular Session, 2017, to the extent that Act affects
a fund, an account, or revenue that was exempted from funds
consolidation before January 1, 2017. A dedicated fund, a
dedicated account, or dedicated revenue that was exempted from
funds consolidation before January 1, 2017, may be used as an Act of
the 85th Legislature, Regular Session, 2017, provides, and a change
in the name or authorized use of a previously exempted dedicated
fund or account does not affect the fund's or account's dedicated
nature.
SECTION 9. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2017, Sections 403.095(b), (d), and (f),
Government Code, are amended to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues that
on August 31, 2019 [2017], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 85th [84th] Legislature are available for general
governmental purposes and are considered available for the purpose
of certification under Section 403.121.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the 85th [84th]
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.
(f) This section expires September 1, 2019 [2017].
SECTION 10. CANCER PREVENTION AND RESEARCH INTEREST AND
SINKING FUND. (a) The comptroller of public accounts shall
establish the cancer prevention and research interest and sinking
fund in accordance with Section 102.270, Health and Safety Code, as
if the cancer prevention and research interest and sinking fund had
not been abolished by operation of Section 2, Chapter 839 (H.B. 6),
Acts of the 83rd Legislature, Regular Session, 2013. The cancer
prevention and research interest and sinking fund is re-created by
this Act. The dedication of revenue to the fund made by Section
102.270(b), Health and Safety Code, for the purposes specified by
Section 102.270(c), Health and Safety Code, that was abolished by
operation of Section 2, Chapter 839 (H.B. 6), Acts of the 83rd
Legislature, Regular Session, 2013, is rededicated by this Act for
the same purposes.
(b) Section 2 of this Act does not apply to the re-creation
of the cancer prevention and research interest and sinking fund and
rededication of revenue to that fund made by Subsection (a) of this
section.
SECTION 11. NATIONAL MUSEUM OF THE PACIFIC WAR MUSEUM FUND;
DEDICATION OF REVENUE. Section 2 of this Act does not apply to the
National Museum of the Pacific War museum fund created as a fund
outside the state treasury, or to the dedication of revenue made to
that fund, by House Bill No. 1492, Senate Bill No. 694, or other
similar legislation of the 85th Legislature, Regular Session, 2017,
that becomes law.
SECTION 12. ALAMO COMPLEX ACCOUNT; DEDICATION OF REVENUE.
Section 2 of this Act does not apply to the Alamo complex account
created as an account outside the state treasury by House Bill
No. 1831, Senate Bill No. 1156, or other similar legislation of the
85th Legislature, Regular Session, 2017, that becomes law, or to
the dedication of revenue made to that account by Section 31.454,
Natural Resources Code, for the purposes specified by that section.
SECTION 13. DEDICATION OF REVENUE TO WATER RESOURCE
MANAGEMENT ACCOUNT. Section 2 of this Act does not apply to the
dedication of fees, interest and penalties, and other amounts
described by Section 371.061, Health and Safety Code, to the water
resource management account as provided by S.B. No. 1105, H.B.
No. 3026, or similar legislation of the 85th Legislature, Regular
Session, 2017, that becomes law.
SECTION 14. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 85th Legislature, Regular Session, 2017,
regardless of the relative dates of enactment, that purports to
create or re-create a special fund or account or to dedicate or
rededicate revenue to a particular purpose, including any fund,
account, or revenue dedication abolished under former Section
403.094, Government Code.
(b) An exemption from the application of Section 403.095,
Government Code, contained in another Act of the 85th Legislature,
Regular Session, 2017, that is exempted from the application of
Section 2 of this Act has no effect.
(c) Revenue that, under the terms of another Act of the 85th
Legislature, Regular Session, 2017, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the undedicated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
SECTION 15. EFFECTIVE DATE. Except as otherwise provided
by this Act:
(1) this Act takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution;
and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect on the 91st day after the
last day of the legislative session.