Texas 2017 - 85th Regular

Texas Senate Bill SB2217 Compare Versions

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1	1	By: Kolkhorst S.B. No. 2217
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to state fiscal matters.
7	7	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	8	ARTICLE 1. PUBLIC EDUCATION
9	9	SECTION 1.01. This article applies to any state agency,
10	10	school, or other entity, other than an institution of higher
11	11	education, that receives an appropriation under Article III of the
12	12	General Appropriations Act.
13	13	SECTION 1.02. Notwithstanding any other statute of this
14	14	state, each entity to which this article applies is authorized to
15	15	reduce or recover expenditures by:
16	16	(1) consolidating any reports or publications the
17	17	entity is required to make and filing or delivering any of those
18	18	reports or publications exclusively by electronic means;
19	19	(2) extending the effective period of any license,
20	20	permit, or registration the entity grants or administers;
21	21	(3) entering into a contract with another governmental
22	22	entity or with a private vendor to carry out any of the entity's
23	23	duties;
24	24	(4) providing that any communication between the
25	25	entity and another person and any document required to be delivered
26	26	to or by the entity, including any application, notice, billing
27	27	statement, receipt, or certificate, may be made or delivered by
28	28	e-mail or through the Internet; and
29	29	(5) adopting and collecting fees or charges to cover
30	30	any costs the entity incurs in performing its lawful functions.
31	31	SECTION 1.03. An employee of a state agency, school, or
32	32	other entity other than an institution of higher education, that
33	33	receives an appropriation under Article III of the General
34	34	Appropriations Act, is not entitled to an amount from the state for
35	35	expenses, per diem, travel, or salary that exceeds the amount
36	36	authorized for those purposes by the General Appropriations Act.
37	37	SECTION 1.04. An employee of a state agency, school, or
38	38	other entity other than an institution of higher education, that
39	39	receives an appropriation under Article III of the General
40	40	Appropriations Act, is not entitled to an amount from the state for
41	41	a salary, a salary supplement, office expenses or reimbursement of
42	42	office expenses, or travel that exceeds the amount authorized for
43	43	those purposes by the General Appropriations Act.
44	44	SECTION 1.05. An employee of an agency or other entity
45	45	appropriated funds under Article III of the General Appropriations
46	46	Act other than an institution of higher education is not entitled to
47	47	an amount from the state for expenses, per diem, travel, or salary
48	48	that exceeds the amount authorized for those purposes by the
49	49	General Appropriations Act.
50	50	SECTION 1.06. Subsections (c), (d), and (f), Section
51	51	42.259, Education Code, are amended to read as follows:
52	52	(c) Payments from the foundation school fund to each
53	53	category 2 school district shall be made as follows:
54	54	(1) 22 percent of the yearly entitlement of the district shall be
55	55	paid in an installment to be made on or before the 25th day of
56	56	September of a fiscal year;
57	57	(2) 18 percent of the yearly entitlement of the district shall be
58	58	paid in an installment to be made on or before the 25th day of
59	59	October;
60	60	(3) 9.5 percent of the yearly entitlement of the district shall be
61	61	paid in an installment to be made on or before the 25th day of
62	62	November;
63	63	(4) 7.5 percent of the yearly entitlement of the district shall be
64	64	paid in an installment to be made on or before the 25th day of April;
65	65	(5) five percent of the yearly entitlement of the district shall
66	66	be paid in an installment to be made on or before the 25th day of
67	67	May;
68	68	(6) 10 percent of the yearly entitlement of the district shall be
69	69	paid in an installment to be made on or before the 25th day of June;
70	70	(7) 13 percent of the yearly entitlement of the district shall be
71	71	paid in an installment to be made on or before the 25th day of July;
72	72	and
73	73	(8) 15 percent of the yearly entitlement of the district shall be
74	74	paid in an installment to be made after the 5th day of September and
75	75	not later than the 10th day of September of the calendar year
76	76	following the calendar year of the payment made under Subdivision
77	77	(1) [on or before the 25th day of August]. (d) Payments from the
78	78	foundation school fund to each category 3 school district shall be
79	79	made as follows: (1) 45 percent of the yearly entitlement of the
80	80	district shall be paid in an installment to be made on or before the
81	81	25th day of September of a fiscal year; (2) 35 percent of the yearly
82	82	entitlement of the district shall be paid in an installment to be
83	83	made on or before the 25th day of October; and (3) 20 percent of the
84	84	yearly entitlement of the district shall be paid in an installment
85	85	to be made after the 5th day of September and not later than the 10th
86	86	day of September of the calendar year following the calendar year of
87	87	the payment made under Subdivision (1) [on or before the 25th day of
88	88	August].
89	89	(f) Except as provided by Subsection (c)(8) or (d)(3), any [Any]
90	90	previously unpaid additional funds from prior fiscal years owed to
91	91	a district shall be paid to the district together with the September
92	92	payment of the current fiscal year entitlement.
93	93	SECTION 1.07. Subsections (c) and (e) of Section 42.2591,
94	94	Education Code, are amended to read as follows: (c) Payments from
95	95	the foundation school fund to an open-enrollment charter school
96	96	under this section shall be made as follows:
97	97	(1) 22 percent of the yearly entitlement of the school
98	98	shall be paid in an installment to be made on or before the 25th day
99	99	of September of a fiscal year;
100	100	(2) 18 percent of the yearly entitlement of the school
101	101	shall be paid in an installment to be made on or before the 25th day
102	102	of October;
103	103	(3) 9.5 percent of the yearly entitlement of the
104	104	school shall be paid in an installment to be made on or before the
105	105	25th day of November;
106	106	(4) four percent of the yearly entitlement of the
107	107	school shall be paid in an installment to be made on or before the
108	108	25th day of December;
109	109	(5) four percent of the yearly entitlement of the
110	110	school shall be paid in an installment to be made on or before the
111	111	25th day of January;
112	112	(6) four percent of the yearly entitlement of the
113	113	school shall be paid in an installment to be made on or before the
114	114	25th day of February;
115	115	(7) four percent of the yearly entitlement of the
116	116	school shall be paid in an installment to be made on or before the
117	117	25th day of March;
118	118	(8) 7.5 percent of the yearly entitlement of the
119	119	school shall be paid in an installment to be made on or before the
120	120	25th day of April;
121	121	(9) five percent of the yearly entitlement of the
122	122	school shall be paid in an installment to be made on or before the
123	123	25th day of May;
124	124	(10) seven percent of the yearly entitlement of the
125	125	school shall be paid in an installment to be made on or before the
126	126	25th day of June;
127	127	(11) seven percent of the yearly entitlement of the
128	128	school shall be paid in an installment to be made on or before the
129	129	25th day of July; and
130	130	(12) eight percent of the yearly entitlement of the
131	131	school shall be paid in an installment to be made after the 5th day
132	132	of September and not later than the 10th day of September of the
133	133	calendar year following the calendar year of the payment made under
134	134	Subdivision (1)[on or before the 25th day of August].
135	135	(e) Except as provided by Subsection (c)(12), previously
136	136	[Previously] unpaid additional funds from prior fiscal years owed
137	137	to an open-enrollment charter school shall be paid to the school
138	138	together with the September payment of the current fiscal year
139	139	entitlement.
140	140	SECTION 1.08. Subsection (c), Section 466.355, Government
141	141	Code, is amended to read as follows:
142	142	(c) Each August the comptroller shall:
143	143	(1) estimate the amount to be transferred to the foundation school
144	144	fund on or before September 15; and
145	145	(2) notwithstanding Subsection (b)(4), transfer the amount
146	146	estimated in Subdivision (1) to the foundation school fund before
147	147	August 25 [installment payments are made under Section 42.259,
148	148	Education Code].
149	149	SECTION 1.09. The changes made by this article to Sections
150	150	42.259 and 42.2591, Education Code, apply only to a payment from the
151	151	foundation school fund that is made on or after the effective date
152	152	of this Act. A payment to a school district from the foundation
153	153	school fund that is made before that date is governed by Sections
154	154	42.259 and 42.2591, Education Code, as it existed before amendment
155	155	by this article, and the former law is continued in effect for that
156	156	purpose.
157	157	SECTION 1.10. Section 42.262, Education Code, is repealed.
158	158	ARTICLE 2. HEALTH AND HUMAN SERVICES
159	159	SECTION 2.01. This article applies to any state agency that
160	160	receives an appropriation under Article II of the General
161	161	Appropriations Act and to any program administered by any of those
162	162	agencies.
163	163	SECTION 2.02. Notwithstanding any other statute of this
164	164	state, each state agency to which this article applies is
165	165	authorized to reduce or recover expenditures by:
166	166	(1) consolidating any reports or publications the
167	167	agency is required to make and filing or delivering any of those
168	168	reports or publications exclusively by electronic means;
169	169	(2) extending the effective period of any license,
170	170	permit, or registration the agency grants or administers;
171	171	(3) entering into a contract with another governmental
172	172	entity or with a private vendor to carry out any of the agency's
173	173	duties;
174	174	(4) adopting additional eligibility requirements
175	175	consistent with federal law for persons who receive benefits under
176	176	any law the agency administers to ensure that those benefits are
177	177	received by the most deserving persons consistent with the purposes
178	178	for which the benefits are provided, including under the following
179	179	laws:
180	180	(A) Chapter 62, Health and Safety Code (child
181	181	health plan program);
182	182	(B) Chapter 31, Human Resources Code (temporary
183	183	assistance for needy families program);
184	184	(C) Chapter 32, Human Resources Code (Medicaid
185	185	program);
186	186	(D) Chapter 33, Human Resources Code
187	187	(supplemental nutrition assistance and other nutritional
188	188	assistance programs); and
189	189	(E) Chapter 533, Government Code (Medicaid
190	190	managed care);
191	191	(5) providing that any communication between the
192	192	agency and another person and any document required to be delivered
193	193	to or by the agency, including any application, notice, billing
194	194	statement, receipt, or certificate, may be made or delivered by
195	195	e-mail or through the Internet;
196	196	(6) adopting and collecting fees or charges to cover
197	197	any costs the agency incurs in performing its lawful functions; and
198	198	(7) modifying and streamlining processes used in:
199	199	(A) the conduct of eligibility determinations
200	200	for programs listed in Subdivision (4) of this subsection by or
201	201	under the direction of the Health and Human Services Commission;
202	202	(B) the provision of child and adult protective
203	203	services by the Department of Family and Protective Services;
204	204	(C) the provision of services for the aging and
205	205	disabled by the Health and Human Services Commission;
206	206	(D) the provision of services to children and
207	207	other persons with disabilities by the Health and Human Services
208	208	Commission;
209	209	(E) the provision of community health services,
210	210	consumer protection services, mental health services, and hospital
211	211	facilities and services by the Department of State Health Services;
212	212	and
213	213	(F) the provision or administration of other
214	214	services provided or programs operated by the Health and Human
215	215	Services Commission or a health and human services agency, as
216	216	defined by Section 531.001, Government Code.
217	217	SECTION 2.03. A health and human services employee is not
218	218	entitled to an amount from the state for expenses, per diem, travel,
219	219	or salary that exceeds the amount authorized for those purposes by
220	220	the General Appropriations Act.
221	221	SECTION 2.04. A health and human services employee is not
222	222	entitled to an amount from the state for a salary, a salary
223	223	supplement, office expenses or reimbursement of office expenses, or
224	224	travel that exceeds the amount authorized for those purposes by the
225	225	General Appropriations Act.
226	226	SECTION 2.05. Subchapter A, Chapter 265, Family Code, is
227	227	amended by adding Section 265.0042 to read as follows:
228	228	Sec. 265.0042. COLLABORATION WITH INSTITUTIONS OF HIGHER
229	229	EDUCATION. (a) Subject to the availability of funds, the Health and
230	230	Human Services Commission, on behalf of the department, shall enter
231	231	into agreements with institutions of higher education to conduct
232	232	efficacy reviews of any prevention and early intervention programs
233	233	that have not previously been evaluated for effectiveness through a
234	234	scientific research evaluation process.
235	235	(b) Subject to the availability of funds, the department
236	236	shall collaborate with an institution of higher education to create
237	237	and track indicators of child well-being to determine the
238	238	effectiveness of prevention and early intervention services.
239	239	SECTION 2.06. If before implementing any provision of this
240	240	article a state agency determines that a waiver or authorization
241	241	from a federal agency is necessary for implementation of that
242	242	provision, the agency affected by the provision shall request the
243	243	waiver or authorization and may delay implementing that provision
244	244	until the waiver or authorization is granted.
245	245	ARTICLE 3. ARTICLE VII AGENCIES
246	246	SECTION 3.01. This article applies to any state agency that
247	247	receives an appropriation under Article VII of the General
248	248	Appropriations Act.
249	249	SECTION 3.02. Notwithstanding any other statute of this
250	250	state, each state agency to which this article applies is
251	251	authorized to reduce or recover expenditures by:
252	252	(1) consolidating any reports or publications the
253	253	agency is required to make and filing or delivering any of those
254	254	reports or publications exclusively by electronic means;
255	255	(2) extending the effective period of any license,
256	256	permit, or registration the agency grants or administers;
257	257	(3) entering into a contract with another governmental
258	258	entity or with a private vendor to carry out any of the agency's
259	259	duties;
260	260	(4) adopting additional eligibility requirements for
261	261	persons who receive benefits under any law the agency administers
262	262	to ensure that those benefits are received by the most deserving
263	263	persons consistent with the purposes for which the benefits are
264	264	provided;
265	265	(5) providing that any communication between the
266	266	agency and another person and any document required to be delivered
267	267	to or by the agency, including any application, notice, billing
268	268	statement, receipt, or certificate, may be made or delivered by
269	269	e-mail or through the Internet; and
270	270	(6) adopting and collecting fees or charges to cover
271	271	any costs the agency incurs in performing its lawful functions.
272	272	SECTION 3.03. An employee of an agency appropriated funds
273	273	under Article VII of the General Appropriations Act is not entitled
274	274	to an amount from the state for expenses, per diem, travel, or
275	275	salary that exceeds the amount authorized for those purposes by the
276	276	General Appropriations Act.
277	277	SECTION 3.04. An employee of an agency appropriated funds
278	278	under Article VII of the General Appropriations Act is not entitled
279	279	to an amount from the state for a salary, a salary supplement,
280	280	office expenses or reimbursement of office expenses, or travel that
281	281	exceeds the amount authorized for those purposes by the General
282	282	Appropriations Act.
283	283	SECTION 3.05. Section 201.601, Transportation Code, is
284	284	amended by adding Subsection (g) to read as follows:
285	285	(g) The plan must include a component that evaluates future
286	286	federal funding opportunities for all modes of transportation and
287	287	identifies actions necessary to maximize the total amount of
288	288	federal funds received in the future for transportation
289	289	improvements in this state.
290	290	SECTION 3.06. Subchapter H, Chapter 201, Transportation
291	291	Code, is amended by adding Section 201.623 to read as follows:
292	292	Sec. 201.623. COOPERATION WITH LOCAL PLANNING ENTITIES TO
293	293	MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work
294	294	and plan with local transportation planning entities to maximize
295	295	the amount of federal funding awarded for projects in this state by
296	296	identifying and pursuing projects that are eligible for federal
297	297	grant programs, including the scenic byways program.
298	298	SECTION 3.07. Subchapter A, Chapter 623, Transportation
299	299	Code, is amended by adding Section 623.002 to read as follows:
300	300	Sec. 623.004. EVALUATION OF PERMIT FEES. (a) The
301	301	department shall evaluate highway use in this state by oversize or
302	302	overweight vehicles, calculate the cost of damage to highways in
303	303	this state caused by those vehicles, and determine whether:
304	304	(1) the fees charged for permits issued under this
305	305	chapter are adequate to offset the costs of damage to highways
306	306	caused by those vehicles and recommend any fee adjustments for the
307	307	permits to reflect the costs of damage to highways caused by those
308	308	vehicles; and
309	309	(2) vehicles currently exempt from permit
310	310	requirements under this chapter should be required to obtain a
311	311	permit to operate on roads or highways in this state.
312	312	(b) Not later than October 1 of each even-numbered year, the
313	313	department shall report its findings to:
314	314	(1) the Legislative Budget Board; and
315	315	(2) the governor.
316	316	SECTION 3.08. Section 623.077, Transportation Code, is
317	317	amended to read as follows:
318	318	Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant
319	319	for a permit under this subchapter, other than a permit under
320	320	Section 623.071(c)(3), must also pay a highway maintenance fee in
321	321	an amount determined according to vehicle weight and distance
322	322	traveled. [the following table:
323	323	[Vehicle Weight in Pounds Fee [Vehicle Weight in Pounds Fee
324	324	[Vehicle Weight in Pounds Fee
325	325	[80,001 to 120,000 $150 [80,001 to 120,000 $150
326	326	[80,001 to 120,000 $150
327	327	[120,001 to 160,000 $225 [120,001 to 160,000 $225
328	328	[120,001 to 160,000 $225
329	329	[160,001 to 200,000 $300 [160,001 to 200,000 $300
330	330	[160,001 to 200,000 $300
331	331	[200,001 and above $375] [200,001 and above $375]
332	332	[200,001 and above $375]
333	333	(b) The department shall adopt rules to implement this
334	334	section and establish a schedule of rates, based on miles traveled,
335	335	for all vehicle weight categories that provides for an increase in
336	336	the rates according to the weight of a vehicle.
337	337	(c) The department shall send each fee collected under
338	338	Subsection (a) to the comptroller, who shall deposit:
339	339	(1) 90 percent of the fee to the credit of the state
340	340	highway fund; and
341	341	(2) 10 percent of the fee to the credit of the Texas
342	342	Department of Motor Vehicles fund.
343	343	SECTION 3.09. (a) The Texas Department of Transportation
344	344	shall adopt rules implementing Section 623.077, Transportation
345	345	Code, as amended by this article, not later than January 1, 2018.
346	346	(b) Section 623.077(a), Transportation Code, as amended by
347	347	this article, applies only to an application for a permit submitted
348	348	under Subchapter D, Chapter 623, Transportation Code, to the Texas
349	349	Department of Transportation on or after January 1, 2018. An
350	350	application for a permit submitted before January 1, 2018, is
351	351	governed by the law in effect on the date the application was
352	352	submitted, and that law is continued in effect for that purpose.
353	353	ARTICLE 4. GENERAL GOVERNMENT
354	354	SECTION 4.01. This article applies to any state agency that
355	355	receives an appropriation under Article I of the General
356	356	Appropriations Act.
357	357	SECTION 4.02. Notwithstanding any other statute of this
358	358	state, each state agency to which this article applies is
359	359	authorized to reduce or recover expenditures by:
360	360	(1) consolidating any reports or publications the
361	361	agency is required to make and filing or delivering any of those
362	362	reports or publications exclusively by electronic means;
363	363	(2) extending the effective period of any license,
364	364	permit, or registration the agency grants or administers;
365	365	(3) entering into a contract with another governmental
366	366	entity or with a private vendor to carry out any of the agency's
367	367	duties;
368	368	(4) adopting additional eligibility requirements for
369	369	persons who receive benefits under any law the agency administers
370	370	to ensure that those benefits are received by the most deserving
371	371	persons consistent with the purposes for which the benefits are
372	372	provided;
373	373	(5) providing that any communication between the
374	374	agency and another person and any document required to be delivered
375	375	to or by the agency, including any application, notice, billing
376	376	statement, receipt, or certificate, may be made or delivered by
377	377	e-mail or through the Internet; and
378	378	(6) adopting and collecting fees or charges to cover
379	379	any costs the agency incurs in performing its lawful functions.
380	380	SECTION 4.03. An employee of an agency appropriated funds
381	381	under Article I of the General Appropriations Act is not entitled to
382	382	an amount from the state for expenses, per diem, travel, or salary
383	383	that exceeds the amount authorized for those purposes by the
384	384	General Appropriations Act.
385	385	SECTION 4.04. An employee of an agency appropriated funds
386	386	under Article I of the General Appropriations Act is not entitled to
387	387	an amount from the state for a salary, a salary supplement, office
388	388	expenses or reimbursement of office expenses, or travel that
389	389	exceeds the amount authorized for those purposes by the General
390	390	Appropriations Act.
391	391	SECTION 4.05. Chapter 1231, Government Code, is amended by
392	392	adding Subchapter G to read as follows:
393	393	SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND
394	394	Sec. 1231.151. DEFINITIONS. In this subchapter:
395	395	(1) "Maximum annual debt service" means the limitation
396	396	on annual debt service imposed by Section 49-j(a), Article III,
397	397	Texas Constitution.
398	398	(2) "State debt payable from the general revenue fund"
399	399	has the meaning assigned by Section 49-j(b), Article III, Texas
400	400	Constitution.
401	401	(3) "Unissued debt" means state debt payable from the
402	402	general revenue fund that has been authorized but not issued.
403	403	Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the
404	404	annual debt service in a state fiscal year on state debt payable
405	405	from the general revenue fund for purposes of determining whether
406	406	additional state debt may be authorized without exceeding the
407	407	maximum annual debt service, the board may employ any assumptions
408	408	related to unissued debt that the board determines are necessary to
409	409	reflect common or standard debt issuance practices authorized by
410	410	law, including assumptions regarding:
411	411	(1) interest rates;
412	412	(2) debt maturity; and
413	413	(3) debt service payment structures.
414	414	Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall
415	415	publish during each state fiscal year a report providing a detailed
416	416	description of the method used to compute the annual debt service in
417	417	that fiscal year on state debt payable from the general revenue fund
418	418	for purposes of determining whether additional state debt may be
419	419	authorized. The report must describe:
420	420	(1) the debt service included in the computation,
421	421	including debt service on issued and unissued debt;
422	422	(2) the assumptions on which the debt service on
423	423	unissued debt was based; and
424	424	(3) any other factors required by law that affect the
425	425	computation.
426	426	(b) The board may publish the report required by this
427	427	section as a component of any other report required by law,
428	428	including the annual report required by Section 1231.102, or as an
429	429	independent report. The board shall make the report available to
430	430	the public.
431	431	SECTION 4.06. The Bond Review Board shall publish the
432	432	initial report required by Section 1231.153, Government Code, as
433	433	added by this article, during the state fiscal year beginning
434	434	September 1, 2017.
435	435	SECTION 4.07. Subchapter A, Chapter 2176, Government Code,
436	436	is amended by adding Section 2176.007 to read as follows:
437	437	Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
438	438	The comptroller shall conduct a study on the mail operations of each
439	439	state agency in the executive branch of state government that
440	440	receives an appropriation made under Article I of the General
441	441	Appropriations Act. The study must identify provisions of law
442	442	relating to the mailing requirements for the agency that impede the
443	443	efficient transmission and receipt of documents by the agency.
444	444	(b) In conducting the study, the comptroller shall
445	445	collaborate with other state agencies to consider the needs or
446	446	concerns specific to those agencies.
447	447	(c) Not later than November 1, 2018, the comptroller shall
448	448	post the findings of the study conducted under this section on the
449	449	comptroller's Internet website.
450	450	(d) This section expires September 1, 2019.
451	451	SECTION 4.08. Section 2054.380(b), Government Code, is
452	452	amended to read as follows:
453	453	(b) Revenue derived from the collection of fees imposed
454	454	under Subsection (a) may be appropriated to the department for:
455	455	(1) developing statewide information resources
456	456	technology policies and planning under this chapter and Chapter
457	457	2059; and
458	458	(2) providing shared information resources technology
459	459	services [under this chapter].
460	460	SECTION 4.09. Section 2157.068(d), Government Code, is
461	461	amended to read as follows:
462	462	(d) The department may charge a reasonable administrative
463	463	fee to a state agency, political subdivision of this state, or
464	464	governmental entity of another state that purchases commodity items
465	465	through the department in an amount that is sufficient to recover
466	466	costs associated with the administration of this section. Revenue
467	467	derived from the collection of fees imposed under this subsection
468	468	may be appropriated to the department for:
469	469	(1) developing statewide information resources
470	470	technology policies and planning [under Chapters 2054 and 2059];
471	471	and
472	472	(2) providing shared information resources technology
473	473	services [under Chapter 2054].
474	474	SECTION 4.10. Section 2170.057(d), Government Code, is
475	475	amended to read as follows:
476	476	(d) The department shall maintain in the revolving fund
477	477	account sufficient amounts to pay the bills of the consolidated
478	478	telecommunications system and the centralized capitol complex
479	479	telephone system. The department shall certify amounts that exceed
480	480	this amount to the comptroller, and the comptroller shall transfer
481	481	the excess amounts to the credit of the general revenue fund.
482	482	ARTICLE 5. FUNDS, ACCOUNTS, AND DEDICATIONS
483	483	SECTION 5.01. DEFINITION. In any provision of this Article
484	484	that does not amend current law, "state agency" means an office,
485	485	institution, or other agency that is in the executive branch of
486	486	state government, has authority that is not limited to a
487	487	geographical portion of the state, and was created by the
488	488	constitution or a statute of this state. The term does not include
489	489	an institution of higher education as defined by Section 61.003,
490	490	Education Code.
491	491	SECTION 5.02. ABOLITION OF FUNDS, ACCOUNTS, AND
492	492	DEDICATIONS. Except as Otherwise specifically provided by this Act,
493	493	all funds and accounts created or re-created in the state treasury
494	494	by an Act of the 85th Legislature, Regular Session, 2017, that
495	495	becomes law and all dedications or rededications of revenue in the
496	496	state treasury or otherwise collected by a state agency for a
497	497	particular purpose by an Act of the 85th Legislature, Regular
498	498	Session, 2017, that becomes law are abolished on the later of August
499	499	31, 2017, or the date the Act creating or re-creating the fund or
500	500	account or dedicating or rededicating revenue takes effect.
501	501	SECTION 5.03. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
502	502	ACCOUNTS. Section 5.02 of this Article does not apply to:
503	503	(1) statutory dedications, funds, and accounts that
504	504	were enacted before the 85th Legislature convened to comply with
505	505	requirements of state constitutional or federal law;
506	506	(2) dedications, funds, or accounts that remained
507	507	exempt from former Section 403.094(h), Government Code, at the time
508	508	dedications, accounts, and funds were abolished under that
509	509	provision;
510	510	(3) increases in fees or in other revenue dedicated as
511	511	described by this section; or
512	512	(4) increases in fees or in other revenue required to
513	513	be deposited in a fund or account described by this section.
514	514	SECTION 5.04. FEDERAL FUNDS. Section 5.02 of this Article
515	515	does not apply to funds created pursuant to an Act of the 85th
516	516	Legislature, Regular Session, 2017, for which separate accounting
517	517	is required by federal law, except that the funds shall be deposited
518	518	in accounts in the general revenue fund unless otherwise required
519	519	by federal law.
520	520	SECTION 5.05. TRUST FUNDS. Section 5.02 of this Article
521	521	does not apply to trust funds or dedicated revenue deposited to
522	522	trust funds created under an Act of the 85th Legislature, Regular
523	523	Session, 2017, except that the trust funds shall be held in the
524	524	state treasury, with the comptroller in trust, or outside the state
525	525	treasury with the comptroller 's approval.
526	526	SECTION 5.06. BOND FUNDS. Section 5.02 of this Article does
527	527	not apply to bond funds and pledged funds created or affected by an
528	528	Act of the 85th Legislature, Regular Session, 2017, except that the
529	529	funds shall be held in the state treasury, with the comptroller in
530	530	trust, or outside the state treasury with the comptroller 's
531	531	approval.
532	532	SECTION 5.07. CONSTITUTIONAL FUNDS. Section 5.02 of this
533	533	Act does not apply to funds or accounts that would be created or
534	534	re-created by the Texas Constitution or revenue that would be
535	535	dedicated or rededicated by the Texas Constitution under a
536	536	constitutional amendment proposed by the 85th Legislature, Regular
537	537	Session, 2017, or to dedicated revenue deposited to funds or
538	538	accounts that would be so created or re-created, if the
539	539	constitutional amendment is approved by the voters.
540	540	SECTION 5.08. AMENDMENT OF SECTION 403.095, GOVERNMENT
541	541	CODE. Effective September 1, 2017, Sections 403.095(b), (d), and
542	542	(f), Government Code, are amended to read as follows:
543	543	(b) Notwithstanding any law dedicating or setting aside
544	544	revenue for a particular purpose or entity, dedicated revenues
545	545	that, on August 31, 2019 [2017], are estimated to exceed the amount
546	546	appropriated by the General Appropriations Act or other laws
547	547	enacted by the 85th [84th] Legislature are available for general
548	548	governmental purposes and are considered available for the purpose
549	549	of certification under Section 403.121.
550	550	(d) Following certification of the General Appropriations
551	551	Act and other appropriations measures enacted by the 85th
552	552	[84th]Legislature, the comptroller shall reduce each dedicated
553	553	account as directed by the legislature by an amount that may not
554	554	exceed the amount by which estimated revenues and unobligated
555	555	balances exceed appropriations. The reductions may be made in the
556	556	amounts and at the times necessary for cash flow considerations to
557	557	allow all the dedicated accounts to maintain adequate cash balances
558	558	to transact routine business. The legislature may authorize, in the
559	559	General Appropriations Act, the temporary delay of the excess
560	560	balance reduction required under this subsection. This subsection
561	561	does not apply to revenues or balances in:
562	562	(1) funds outside the treasury;
563	563	(2) trust funds, which for purposes of this section
564	564	include funds that may or are required to be used in whole or in part
565	565	for the acquisition, development, construction, or maintenance of
566	566	state and local government infrastructures, recreational
567	567	facilities, or natural resource conservation facilities;
568	568	(3) funds created by the constitution or a court; or
569	569	(4) funds for which separate accounting is required by
570	570	federal law.
571	571	(f) This section expires on September 1, 2019 [2017].
572	572	SECTION 5.09. REPEALER. Section 403.095(e), Government
573	573	Code, is repealed.
574	574	SECTION 5.10. EFFECT OF ACT. (a) This Act prevails over any
575	575	other Act of the 85th Legislature, Regular Session, 2017,
576	576	regardless of the relative dates of enactment, that purports to
577	577	create or re-create a special fund or account in the state treasury
578	578	or to dedicate or rededicate revenue to a particular purpose,
579	579	including any fund, account, or revenue dedication abolished under
580	580	former Section 403.094, Government Code.
581	581	(b) Revenues that, under the terms of another Act of the
582	582	85th Legislature, Regular Session, 2017, would be deposited to the
583	583	credit of a special account or fund shall be deposited to the credit
584	584	of the undedicated portion of the general revenue fund unless the
585	585	fund, account, or dedication is exempted under this Act.
586	586	ARTICLE 6. MOTOR FUEL
587	587	SECTION 6.01. Section 162.503, Tax Code, is amended by
588	588	adding Subsection (b) to read as follows:
589	589	(b) Notwithstanding Subsection (a), the comptroller may
590	590	not allocate revenue otherwise required to be allocated under
591	591	Subsection (a) during July and August 2019 before the first workday
592	592	of September 2019. The revenue shall be allocated as otherwise
593	593	provided by Subsection (a) not later than the fifth workday of
594	594	September 2019. This subsection expires September 1, 2020.
595	595	SECTION 6.02. Section 162.504, Tax Code, is amended by
596	596	adding Subsection (b) to read as follows:
597	597	(b) Notwithstanding Subsection (a), the comptroller may
598	598	not allocate revenue otherwise required to be allocated under
599	599	Subsection (a) during July and August 2019 before the first workday
600	600	of September 2019. The revenue shall be allocated as otherwise
601	601	provided by Subsection (a) not later than the fifth workday of
602	602	September 2019. This subsection expires September 1, 2020.
603	603	SECTION 6.03. The expiration of the amendments made to the
604	604	Tax Code in accordance with this article does not affect tax
605	605	liability accruing before the expiration of those amendments. That
606	606	liability continues in effect as if the amendments had not expired,
607	607	and the former law is continued in effect for the collection of
608	608	Subsection (a) during July and August 2019 before the first workday
609	609	of September 2019. The revenue shall be allocated as otherwise
610	610	provided by Subsection (a) not later than the fifth workday of
611	611	September 2019. This subsection expires September 1, 2020.
612	612	ARTICLE 7
613	613	SECTION 7.01. Section 133.102(e), Local Government Code is
614	614	amended to read as follows:
615	615	(e) The comptroller shall allocate the court costs received
616	616	under this section to the following accounts and funds so that each
617	617	receives to the extent practicable, utilizing historical data as
618	618	applicable, the same amount of money the account or fund would have
619	619	received if the court costs for the accounts and funds had been
620	620	collected and reported separately, except that the account or fund
621	621	may not receive less than the following percentages:
622	622	(1) [abused children's counseling] [0.0088] percent;
623	623	(1[2]) crime stoppers assistance 0.2581 percent;
624	624	(2[3]) breath alcohol testing 0.5507 percent;
625	625	(3[4]) Bill Blackwood Law Enforcement Management
626	626	Institute 2.1683 percent;
627	627	(4[5]) law enforcement officers standards and education
628	628	[(6) comprehensive rehabilitation 9.8218 percent;]
629	629	(5[7]) law enforcement and custodial officer
630	630	supplemental retirement fund 11.1426 percent;
631	631	(6[8]) criminal justice planning 12.5537 percent;
632	632	(7[9]) an account in the state treasury to be used only
633	633	for the establishment and operation of the Center for the Study and
634	634	Prevention of Juvenile Crime and Delinquency at Prairie View A&M
635	635	University 1.2090 percent;
636	636	(8[10]) compensation to victims of crime fund
637	637	37.6338 percent;
638	638	(9[11]) emergency radio infrastructure account
639	639	15.4210 5.5904 percent;
640	640	(10[12]) judicial and court personnel training fund
641	641	4.8362 percent;
642	642	(11[13]) an account in the state treasury to be used for
643	643	the establishment and operation of the Correctional Management
644	644	Institute of Texas and Criminal Justice Center Account
645	645	(12[14]) fair defense account 8.0143 percent.
646	646	ARTICLE 8. EFFECTIVE DATE.
647	647	SECTION 8.01. This Act takes effect immediately if it
648	648	receives a vote of two-thirds of all the members elected to each
649	649	house, as provided by Section 39, Article III, Texas Constitution.
650	650	If this Act does not receive the vote necessary for immediate
651	651	effect, this Act takes effect on the 91st day after the last day of
652	652	the legislative session.
653	653
654	654	[Vehicle Weight in Pounds Fee
655	655
656	656	[80,001 to 120,000 $150
657	657
658	658	[120,001 to 160,000 $225
659	659
660	660	[160,001 to 200,000 $300
661	661
662	662	[200,001 and above $375]