Texas 2017 - 85th Regular

Texas Senate Bill SB100 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	85R1090 CLG-D
2	2	By: Hall S.B. No. 100
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to abolishing the Texas Enterprise Fund and the
8	8	disposition of the balance of that fund.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The following laws are repealed:
11	11	(1) Sections 481.078 and 481.080, Government Code;
12	12	(2) Sections 1372.031(b), (c), (d), and (e),
13	13	Government Code; and
14	14	(3) Section 303.005(a), Labor Code.
15	15	SECTION 2. (a) On September 1, 2017, the Texas Enterprise
16	16	Fund is abolished and the balance of that fund is transferred to the
17	17	general revenue fund. Money transferred under this subsection may
18	18	be appropriated only to the Department of State Health Services to
19	19	pay the cost of uncompensated trauma care provided by a hospital
20	20	designated by the department as a trauma facility under Subchapter
21	21	E, Chapter 773, Health and Safety Code, except as provided by
22	22	Subsections (c) and (d) of this section.
23	23	(b) The abolishment of the Texas Enterprise Fund and the
24	24	repeal of Sections 481.078 and 481.080, Government Code, do not
25	25	affect the validity of an agreement between the governor and a grant
26	26	recipient or an entity to be awarded a grant that is entered into
27	27	under Section 481.078, Government Code, before September 1, 2017.
28	28	(c) Money that was deposited in the Texas Enterprise Fund as
29	29	a gift, grant, or donation under Section 481.078(b)(3), Government
30	30	Code, and that is encumbered by the specific terms of the gift,
31	31	grant, or donation may be spent only in accordance with the terms of
32	32	the gift, grant, or donation.
33	33	(d) Money from the Texas Enterprise Fund that is encumbered
34	34	because the money is awarded, by grant, or otherwise obligated by
35	35	agreement before September 1, 2017, but under the terms of the award
36	36	or agreement will not be distributed until a later date shall be
37	37	distributed in accordance with the terms of the award or agreement.
38	38	If the governor determines that the money will not be distributed in
39	39	accordance with the terms of the award or agreement, the governor
40	40	shall certify that fact to the comptroller. On that certification,
41	41	the comptroller shall make that money available in the general
42	42	revenue fund to be used in accordance with legislative
43	43	appropriation.
44	44	(e) On or after the effective date of this Act, the
45	45	following payments or other amounts shall be sent to the
46	46	comptroller for deposit to the state highway fund:
47	47	(1) interest earned on the investment of money in the
48	48	Texas Enterprise Fund;
49	49	(2) any money returned or repaid by an entity pursuant
50	50	to an agreement entered into under Section 481.078, Government
51	51	Code; and
52	52	(3) any money derived from an interest the state
53	53	retained in a capital improvement pursuant to an agreement entered
54	54	into under Section 481.078, Government Code.
55	55	SECTION 3. Subchapter E, Chapter 481, Government Code, is
56	56	amended by adding Section 481.0781 to read as follows:
57	57	Sec. 481.0781. ANNUAL PROGRESS REPORT FOR GRANT RECIPIENTS
58	58	OF FORMER TEXAS ENTERPRISE FUND. (a) An entity that entered into a
59	59	grant agreement with the governor under former Section 481.078
60	60	shall submit to the governor, lieutenant governor, and speaker of
61	61	the house of representatives an annual progress report on the
62	62	attainment of each of the performance targets specified in the
63	63	agreement based on information compiled during the previous
64	64	calendar year of the report's due date.
65	65	(b) This section expires September 1, 2032.
66	66	SECTION 4. The heading to Section 481.079, Government Code,
67	67	is amended to read as follows:
68	68	Sec. 481.079. REPORT ON USE OF MONEY IN FORMER TEXAS
69	69	ENTERPRISE FUND.
70	70	SECTION 5. Section 481.079, Government Code, is amended by
71	71	amending Subsections (a), (a-1), and (c) and adding Subsection (d)
72	72	to read as follows:
73	73	(a) Before the beginning of each regular session of the
74	74	legislature, the governor shall submit to the lieutenant governor,
75	75	the speaker of the house of representatives, and each other member
76	76	of the legislature a report on grants made under former Section
77	77	481.078 that states:
78	78	(1) the number of direct jobs each recipient committed
79	79	to create in this state;
80	80	(2) the number of direct jobs each recipient created
81	81	in this state;
82	82	(3) the median wage of the jobs each recipient created
83	83	in this state;
84	84	(4) the amount of capital investment each recipient
85	85	committed to expend or allocate per project in this state;
86	86	(5) the amount of capital investment each recipient
87	87	expended or allocated per project in this state;
88	88	(6) the total amount of grants made to each recipient;
89	89	(7) the average amount of money granted in this state
90	90	for each job created in this state by grant recipients;
91	91	(8) the number of jobs created in this state by grant
92	92	recipients in each sector of the North American Industry
93	93	Classification System (NAICS); and
94	94	(9) of the number of direct jobs each recipient
95	95	created in this state, the number of positions created that provide
96	96	health benefits for employees.
97	97	(a-1) For grants awarded for a purpose specified by former
98	98	Section 481.078(d-1), the report must include only the amount and
99	99	purpose of each grant.
100	100	(c) The governor may require a person who received
101	101	[recipient of] a grant under former Section 481.078 to submit, on a
102	102	form the governor provides, information required to complete the
103	103	report.
104	104	(d) This section expires September 1, 2032.
105	105	SECTION 6. Section 1372.031(a), Government Code, is amended
106	106	to read as follows:
107	107	(a) Subject [Except as provided by Subsection (b) and
108	108	subject] to Sections 1372.0321, 1372.0231, and 1372.035(c), if, on
109	109	or before October 20, more than one issuer in a category described
110	110	by Section 1372.022(a)(2), (3), (4), or (6) applies for a
111	111	reservation of the state ceiling for the next program year, the
112	112	board shall grant reservations in that category in the order
113	113	determined by the board by lot.
114	114	SECTION 7. Section 1372.063, Government Code, is amended to
115	115	read as follows:
116	116	Sec. 1372.063. PRIORITY 1 CARRYFORWARD CLASSIFICATION. The
117	117	priority 1 carryforward classification applies to[:
118	118	[(1)] an issuer of a state-voted issue[; and
119	119	[(2) a state agency, other than an issuer of a
120	120	state-voted issue, that applies for a carryforward designation for
121	121	a project that:
122	122	[(A) is described by Section 1372.067(a)(2); and
123	123	[(B) the Texas Economic Development and Tourism
124	124	Office determines meets the governor's criteria for funding from
125	125	the Texas Enterprise Fund].
126	126	SECTION 8. Section 2306.2585(c), Government Code, is
127	127	amended to read as follows:
128	128	(c) The department may use any available revenue, including
129	129	legislative appropriations, appropriation transfers from the
130	130	trusteed programs within the office of the governor, including
131	131	[authorized appropriations from the Texas Enterprise Fund,]
132	132	available federal funds, and any [other] statutorily authorized and
133	133	appropriate funding sources transferred from the trusteed programs
134	134	within the office of the governor, for the purposes of this section.
135	135	The department shall solicit and accept gifts and grants for the
136	136	purposes of this section. The department shall use gifts and grants
137	137	received for the purposes of this section before using any other
138	138	revenue.
139	139	SECTION 9. Section 203.021(e), Labor Code, is amended to
140	140	read as follows:
141	141	(e) Money in the compensation fund may not be transferred to
142	142	the[:
143	143	[(1) Texas Enterprise Fund created under Section
144	144	481.078, Government Code; or
145	145	[(2)] Texas emerging technology fund established
146	146	under Section 490.101, Government Code.
147	147	SECTION 10. The heading to Section 303.005, Labor Code, is
148	148	amended to read as follows:
149	149	Sec. 303.005. [PARTICIPATION IN ADDITIONAL PROGRAMS;
150	150	APPLICATION REQUIREMENTS;] PRIORITY IN AWARDING GRANTS.
151	151	SECTION 11. Section 314.002(d), Labor Code, is amended to
152	152	read as follows:
153	153	(d) The commission, for the purposes of this section, may
154	154	use:
155	155	(1) money appropriated to the commission; and
156	156	(2) money that is transferred to the commission from
157	157	trusteed programs within the office of the governor, including:
158	158	(A) [appropriated money from the Texas
159	159	Enterprise Fund;
160	160	[(B)] available federal funds; and
161	161	(B) [(C)] money from [other] appropriate,
162	162	statutorily authorized funding sources.
163	163	SECTION 12. If a conflict exists between this Act and
164	164	another Act of the 85th Legislature, Regular Session, 2017, that
165	165	relates to the Texas Enterprise Fund, this Act controls without
166	166	regard to the relative dates of enactment.
167	167	SECTION 13. This Act takes effect September 1, 2017.