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Texas House Bill HB3849

Texas 2017 - 85th Regular

Texas House Bill HB3849 Compare Versions

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1-H.B. No. 3849
1+By: Zerwas (Senate Sponsor - Nelson) H.B. No. 3849
2+ (In the Senate - Received from the House May 5, 2017;
3+ May 5, 2017, read first time and referred to Committee on Finance;
4+ May 19, 2017, reported adversely, with favorable Committee
5+ Substitute by the following vote: Yeas 15, Nays 0; May 19, 2017,
6+ sent to printer.)
7+Click here to see the committee vote
8+ COMMITTEE SUBSTITUTE FOR H.B. No. 3849 By: Nelson
29
310
11+ A BILL TO BE ENTITLED
412 AN ACT
513 relating to the creation and re-creation of funds and accounts, the
614 dedication and rededication of revenue, and the exemption of
715 unappropriated money from use for general governmental purposes.
816 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
917 SECTION 1. DEFINITION. In any provision of this Act that
1018 does not amend current law, "state agency" means an office,
1119 institution, or other agency that is in the executive branch or the
1220 judicial branch of state government, has authority that is not
1321 limited to a geographical portion of the state, and was created by
1422 the constitution or a statute of this state. The term does not
1523 include an institution of higher education as defined by Section
1624 61.003, Education Code.
1725 SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
1826 Except as otherwise specifically provided by this Act, all funds
1927 and accounts created or re-created by an Act of the 85th
2028 Legislature, Regular Session, 2017, that becomes law and all
2129 dedications or rededications of revenue collected by a state agency
2230 for a particular purpose by an Act of the 85th Legislature, Regular
2331 Session, 2017, that becomes law are abolished on the later of August
2432 31, 2017, or the date the Act creating or re-creating the fund or
2533 account or dedicating or rededicating revenue takes effect.
2634 SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
2735 ACCOUNTS. Section 2 of this Act does not apply to:
2836 (1) statutory dedications, funds, and accounts that
2937 were enacted before the 85th Legislature convened to comply with
3038 requirements of state constitutional or federal law;
3139 (2) dedications, funds, or accounts that remained
3240 exempt from former Section 403.094(h), Government Code, at the time
3341 dedications, accounts, and funds were abolished under that
3442 provision;
3543 (3) increases in fees or in other revenue dedicated as
3644 described by this section; or
3745 (4) increases in fees or in other revenue required to
3846 be deposited in a fund or account described by this section.
3947 SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
4048 apply to funds created under an Act of the 85th Legislature, Regular
4149 Session, 2017, for which separate accounting is required by federal
4250 law, except that the funds shall be deposited in accounts in the
4351 general revenue fund unless otherwise required by federal law.
4452 SECTION 5. TRUST FUNDS. Section 2 of this Act does not
4553 apply to trust funds or dedicated revenue deposited to trust funds
4654 created under an Act of the 85th Legislature, Regular Session,
4755 2017, except that the trust funds shall be held in the state
4856 treasury, with the comptroller in trust, or outside the state
4957 treasury with the comptroller's approval.
5058 SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
5159 to bond funds and pledged funds created or affected by an Act of the
5260 85th Legislature, Regular Session, 2017, except that the funds
5361 shall be held in the state treasury, with the comptroller in trust,
5462 or outside the state treasury with the comptroller's approval.
5563 SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does
5664 not apply to funds or accounts that would be created or re-created
5765 by the Texas Constitution or revenue that would be dedicated or
5866 rededicated by the Texas Constitution under a constitutional
5967 amendment proposed by the 85th Legislature, Regular Session, 2017,
6068 or to dedicated revenue deposited to funds or accounts that would be
6169 so created or re-created, if the constitutional amendment is
6270 approved by the voters.
6371 SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS AND
6472 ACCOUNTS. Section 2 of this Act does not apply to a newly
6573 authorized use of a dedicated fund or dedicated account as provided
6674 by an Act of the 85th Legislature, Regular Session, 2017, to the
6775 extent:
6876 (1) the fund or account was exempted from funds
6977 consolidation before January 1, 2017; and
7078 (2) the newly authorized use is within the scope of the
7179 original dedication of the fund or account.
7280 SECTION 9. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
7381 Effective September 1, 2017, Sections 403.095(b), (d), and (f),
7482 Government Code, are amended to read as follows:
7583 (b) Notwithstanding any law dedicating or setting aside
7684 revenue for a particular purpose or entity, dedicated revenues that
7785 on August 31, 2019 [2017], are estimated to exceed the amount
7886 appropriated by the General Appropriations Act or other laws
7987 enacted by the 85th [84th] Legislature are available for general
8088 governmental purposes and are considered available for the purpose
8189 of certification under Section 403.121.
8290 (d) Following certification of the General Appropriations
8391 Act and other appropriations measures enacted by the 85th [84th]
8492 Legislature, the comptroller shall reduce each dedicated account as
8593 directed by the legislature by an amount that may not exceed the
8694 amount by which estimated revenues and unobligated balances exceed
8795 appropriations. The reductions may be made in the amounts and at
8896 the times necessary for cash flow considerations to allow all the
8997 dedicated accounts to maintain adequate cash balances to transact
9098 routine business. The legislature may authorize, in the General
9199 Appropriations Act, the temporary delay of the excess balance
92100 reduction required under this subsection. This subsection does not
93101 apply to revenues or balances in:
94102 (1) funds outside the treasury;
95103 (2) trust funds, which for purposes of this section
96104 include funds that may or are required to be used in whole or in part
97105 for the acquisition, development, construction, or maintenance of
98106 state and local government infrastructures, recreational
99107 facilities, or natural resource conservation facilities;
100108 (3) funds created by the constitution or a court; or
101109 (4) funds for which separate accounting is required by
102110 federal law.
103111 (f) This section expires September 1, 2019 [2017].
104112 SECTION 10. CANCER PREVENTION AND RESEARCH INTEREST AND
105113 SINKING FUND. (a) The comptroller of public accounts shall
106114 establish the cancer prevention and research interest and sinking
107115 fund in accordance with Section 102.270, Health and Safety Code, as
108116 if the cancer prevention and research interest and sinking fund had
109117 not been abolished by operation of Section 2, Chapter 839 (H.B. 6),
110118 Acts of the 83rd Legislature, Regular Session, 2013. The cancer
111119 prevention and research interest and sinking fund is re-created by
112120 this Act. The dedication of revenue to the fund made by Section
113121 102.270(b), Health and Safety Code, for the purposes specified by
114122 Section 102.270(c), Health and Safety Code, that was abolished by
115123 operation of Section 2, Chapter 839 (H.B. 6), Acts of the 83rd
116124 Legislature, Regular Session, 2013, is rededicated by this Act for
117125 the same purposes.
118126 (b) Section 2 of this Act does not apply to the re-creation
119127 of the cancer prevention and research interest and sinking fund and
120128 rededication of revenue to that fund made by Subsection (a) of this
121129 section.
122130 SECTION 11. NATIONAL MUSEUM OF THE PACIFIC WAR MUSEUM FUND;
123131 DEDICATION OF REVENUE. Section 2 of this Act does not apply to the
124132 National Museum of the Pacific War museum fund created as a fund
125133 outside the state treasury, or to the dedication of revenue made to
126134 that fund, by House Bill No. 1492, Senate Bill No. 694, or other
127135 similar legislation of the 85th Legislature, Regular Session, 2017,
128136 that becomes law.
129137 SECTION 12. ALAMO COMPLEX ACCOUNT; DEDICATION OF REVENUE.
130138 Section 2 of this Act does not apply to the Alamo complex account
131139 created as an account outside the state treasury by House Bill
132140 No. 1831, Senate Bill No. 1156, or other similar legislation of the
133141 85th Legislature, Regular Session, 2017, that becomes law, or to
134142 the dedication of revenue made to that account by Section 31.454,
135143 Natural Resources Code, for the purposes specified by that section.
136144 SECTION 13. DEDICATION OF REVENUE TO WATER RESOURCE
137145 MANAGEMENT ACCOUNT. Section 2 of this Act does not apply to the
138146 dedication of fees, interest and penalties, and other amounts
139147 described by Section 371.061, Health and Safety Code, to the water
140148 resource management account as provided by S.B. No. 1105, H.B.
141149 No. 3026, or similar legislation of the 85th Legislature, Regular
142150 Session, 2017, that becomes law.
143151 SECTION 14. Section 2 of this Act does not apply to a fund or
144152 account that is created or re-created, or a dedication or
145153 rededication of revenue collected by a state agency for a
146154 particular purpose made, by any of the following Acts of the 85th
147155 Legislature, Regular Session, 2017, that become law:
148156 (1) House Bill No. 7 or similar legislation;
149157 (2) House Bill No. 51 or similar legislation;
150158 (3) House Bill No. 108 or similar legislation;
151159 (4) House Bill No. 245 or similar legislation;
152160 (5) House Bill No. 263 or similar legislation;
153161 (6) House Bill No. 271 or similar legislation;
154162 (7) House Bill No. 555 or similar legislation;
155163 (8) House Bill No. 561 or similar legislation;
156164 (9) House Bill No. 572 or similar legislation;
157165 (10) House Bill No. 935 or similar legislation;
158166 (11) House Bill No. 1256 or similar legislation;
159167 (12) House Bill No. 1407 or similar legislation;
160168 (13) House Bill No. 1512 or similar legislation;
161169 (14) House Bill No. 1691 or similar legislation;
162170 (15) House Bill No. 1724 or similar legislation;
163171 (16) House Bill No. 1729 or similar legislation;
164172 (17) House Bill No. 1818 or similar legislation;
165173 (18) House Bill No. 2004 or similar legislation;
166174 (19) House Bill No. 2068 or similar legislation;
167175 (20) House Bill No. 2578 or similar legislation;
168176 (21) House Bill No. 2612 or similar legislation;
169177 (22) House Bill No. 2700 or similar legislation;
170178 (23) House Bill No. 2715 or similar legislation;
171179 (24) House Bill No. 2943 or similar legislation;
172180 (25) House Bill No. 3391 or similar legislation;
173181 (26) House Bill No. 3438 or similar legislation;
174182 (27) House Bill No. 3521 or similar legislation;
175183 (28) House Bill No. 3567 or similar legislation;
176184 (29) House Bill No. 3781 or similar legislation;
177185 (30) House Bill No. 3849 or similar legislation;
178186 (31) House Bill No. 3952 or similar legislation;
179187 (32) House Bill No. 3987 or similar legislation;
180188 (33) House Bill No. 4102 or similar legislation;
181189 (34) House Bill No. 4117 or similar legislation;
182190 (35) Senate Bill No. 3 or similar legislation;
183191 (36) Senate Bill No. 4 or similar legislation;
184192 (37) Senate Bill No. 6 or similar legislation;
185193 (38) Senate Bill No. 26 or similar legislation;
186194 (39) Senate Bill No. 28 or similar legislation;
187195 (40) Senate Bill No. 42 or similar legislation;
188196 (41) Senate Bill No. 208 or similar legislation;
189197 (42) Senate Bill No. 267 or similar legislation;
190198 (43) Senate Bill No. 298 or similar legislation;
191199 (44) Senate Bill No. 312 or similar legislation;
192200 (45) Senate Bill No. 576 or similar legislation;
193201 (46) Senate Bill No. 602 or similar legislation;
194202 (47) Senate Bill No. 634 or similar legislation;
195203 (48) Senate Bill No. 722 or similar legislation;
196204 (49) Senate Bill No. 1001 or similar legislation;
197205 (50) Senate Bill No. 1105 or similar legislation;
198206 (51) Senate Bill No. 1147 or similar legislation;
199207 (52) Senate Bill No. 1185 or similar legislation;
200208 (53) Senate Bill No. 1251 or similar legislation;
201209 (54) Senate Bill No. 1305 or similar legislation;
202210 (55) Senate Bill No. 1330 or similar legislation;
203211 (56) Senate Bill No. 1349 or similar legislation;
204212 (57) Senate Bill No. 1383 or similar legislation;
205213 (58) Senate Bill No. 1422 or similar legislation;
206214 (59) Senate Bill No. 1483 or similar legislation;
207215 (60) Senate Bill No. 1484 or similar legislation;
208216 (61) Senate Bill No. 1516 or similar legislation;
209217 (62) Senate Bill No. 1524 or similar legislation;
210218 (63) Senate Bill No. 1538 or similar legislation;
211219 (64) Senate Bill No. 1588 or similar legislation;
212220 (65) Senate Bill No. 1658 or similar legislation;
213221 (66) Senate Bill No. 1849 or similar legislation;
214222 (67) Senate Bill No. 1923 or similar legislation;
215223 (68) Senate Bill No. 2075 or similar legislation; and
216224 (69) Senate Bill No. 2076 or similar legislation.
217225 SECTION 15. REPEALER. Section 403.095(e), Government Code,
218226 is repealed.
219227 SECTION 16. EFFECT OF ACT. (a) This Act prevails over any
220228 other Act of the 85th Legislature, Regular Session, 2017,
221229 regardless of the relative dates of enactment, that purports to
222230 create or re-create a special fund or account or to dedicate or
223231 rededicate revenue to a particular purpose, including any fund,
224232 account, or revenue dedication abolished under former Section
225233 403.094, Government Code.
226234 (b) An exemption from the application of Section 403.095,
227235 Government Code, contained in another Act of the 85th Legislature,
228236 Regular Session, 2017, that is exempted from the application of
229237 Section 2 of this Act has no effect.
230238 (c) Revenue that, under the terms of another Act of the 85th
231239 Legislature, Regular Session, 2017, would be deposited to the
232240 credit of a special account or fund shall be deposited to the credit
233241 of the undedicated portion of the general revenue fund unless the
234242 fund, account, or dedication is exempted under this Act.
235243 SECTION 17. EFFECTIVE DATE. Except as otherwise provided
236244 by this Act:
237245 (1) this Act takes effect immediately if this Act
238246 receives a vote of two-thirds of all the members elected to each
239247 house, as provided by Section 39, Article III, Texas Constitution;
240248 and
241249 (2) if this Act does not receive the vote necessary for
242250 immediate effect, this Act takes effect on the 91st day after the
243251 last day of the legislative session.
244- ______________________________ ______________________________
245- President of the Senate Speaker of the House
246- I certify that H.B. No. 3849 was passed by the House on May 4,
247- 2017, by the following vote: Yeas 141, Nays 0, 2
248- present, not
249- voting; and that the House concurred in Senate amendments to H.B.
250- No. 3849 on May 26, 2017, by the following vote: Yeas 142, Nays 0,
251- 2 present, not voting.
252- ______________________________
253- Chief Clerk of the House
254- I certify that H.B. No. 3849 was passed by the Senate, with
255- amendments, on May 23, 2017, by the following vote: Yeas 29, Nays
256- 2.
257- ______________________________
258- Secretary of the Senate
259- APPROVED: __________________
260- Date
261- __________________
262- Governor
252+ * * * * *