| 1 | 1 | | By: White H.B. No. 4240 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to a prohibition on the consideration of revenue |
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| 7 | 7 | | anticipated to be derived from criminal fines in planning for the |
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| 8 | 8 | | state budget. |
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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. Chapter 322, Government Code, is amended by |
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| 11 | 11 | | adding Section 322.0075 to read as follows: |
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| 12 | 12 | | Sec. 322.0075. PROHIBITION ON APPROPRIATION BASED ON |
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| 13 | 13 | | ANTICIPATED COLLECTION OF FINES; INJUNCTION. (a) In preparing a |
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| 14 | 14 | | general appropriations bill for introduction in a regular or |
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| 15 | 15 | | special legislative session, the Legislative Budget Board may not |
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| 16 | 16 | | consider an amount of state revenue anticipated to be derived from a |
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| 17 | 17 | | criminal fine as any part of the basis for proposing an amount to be |
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| 18 | 18 | | appropriated for any item of spending unless that revenue is: |
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| 19 | 19 | | (1) dedicated by law to the purpose of that spending; |
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| 20 | 20 | | (2) dedicated by law to the entity for which the |
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| 21 | 21 | | appropriation authorizes spending; or |
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| 22 | 22 | | (3) directed by law to be deposited to an account or |
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| 23 | 23 | | fund that is dedicated by law to the purpose of that spending. |
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| 24 | 24 | | (b) A person against whom a criminal fine is imposed has |
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| 25 | 25 | | standing to bring a lawsuit against this state to enjoin the |
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| 26 | 26 | | collection of the fine from any person or the spending in accordance |
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| 27 | 27 | | with an appropriation made by the General Appropriations Act of any |
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| 28 | 28 | | state revenue derived from the fine collected from any person. A |
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| 29 | 29 | | court shall grant the injunction on finding that: |
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| 30 | 30 | | (1) the basis for an amount appropriated for an item of |
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| 31 | 31 | | spending authorized by the General Appropriations Act is an amount |
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| 32 | 32 | | of state revenue anticipated to be derived from the criminal fine; |
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| 33 | 33 | | and |
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| 34 | 34 | | (2) state revenue derived from the fine is not: |
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| 35 | 35 | | (A) dedicated by law to the purpose of that |
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| 36 | 36 | | spending; |
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| 37 | 37 | | (B) dedicated by law to the entity for which the |
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| 38 | 38 | | appropriation authorizes spending; or |
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| 39 | 39 | | (C) directed by law to be deposited to an account |
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| 40 | 40 | | or fund that is dedicated by law to the purpose of that spending. |
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| 41 | 41 | | SECTION 2. This Act takes effect September 1, 2017. |
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