Texas 2017 - 85th Regular

Texas Senate Bill SB2218 Compare Versions

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

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1	1	By: Nelson S.B. No. 2218
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4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the creation and re-creation of funds and accounts in
7	7	the state treasury, the dedication and rededication of revenue, and
8	8	the exemption of unappropriated money from use for general
9	9	governmental purposes.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. DEFINITION. In any provision of this Act that
12	12	does not amend current law, "state agency" means an office,
13	13	institution, or other agency that is in the executive branch of
14	14	state government, has authority that is not limited to a
15	15	geographical portion of the state, and was created by the
16	16	constitution or a statute of this state. The term does not include
17	17	an institution of higher education as defined by Section 61.003,
18	18	Education Code.
19	19	SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
20	20	Except as Otherwise specifically provided by this Act, all funds
21	21	and accounts created or re-created in the state treasury by an Act
22	22	of the 85th Legislature, Regular Session, 2017, that becomes law
23	23	and all dedications or rededications of revenue in the state
24	24	treasury or otherwise collected by a state agency for a particular
25	25	purpose by an Act of the 85th Legislature, Regular Session, 2017,
26	26	that becomes law are abolished on the later of August 31, 2017, or
27	27	the date the Act creating or re-creating the fund or account or
28	28	dedicating or rededicating revenue takes effect.
29	29	SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
30	30	ACCOUNTS. Section 2 of this Act does not apply to:
31	31	(1) statutory dedications, funds, and accounts that
32	32	were enacted before the 85th Legislature convened to comply with
33	33	requirements of state constitutional or federal law;
34	34	(2) dedications, funds, or accounts that remained
35	35	exempt from former Section 403.094(h), Government Code, at the time
36	36	dedications, accounts, and funds were abolished under that
37	37	provision;
38	38	(3) increases in fees or in other revenue dedicated as
39	39	described by this section; or
40	40	(4) increases in fees or in other revenue required to
41	41	be deposited in a fund or account described by this section.
42	42	SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
43	43	apply to funds created pursuant to an Act of the 85th Legislature,
44	44	Regular Session, 2017, for which separate accounting is required by
45	45	federal law, except that the funds shall be deposited in accounts in
46	46	the general revenue fund unless otherwise required by federal law.
47	47	SECTION 5. TRUST FUNDS. Section 2 of this Act does not
48	48	apply to trust funds or dedicated revenue deposited to trust funds
49	49	created under an Act of the 85th Legislature, Regular Session,
50	50	2017, except that the trust funds shall be held in the state
51	51	treasury, with the comptroller in trust, or outside the state
52	52	treasury with the comptroller 's approval.
53	53	SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
54	54	to bond funds and pledged funds created or affected by an Act of the
55	55	85th Legislature, Regular Session, 2017, except that the funds
56	56	shall be held in the state treasury, with the comptroller in trust,
57	57	or outside the state treasury with the comptroller 's approval.
58	58	SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does
59	59	not apply to funds or accounts that would be created or re-created
60	60	by the Texas Constitution or revenue that would be dedicated or
61	61	rededicated by the Texas Constitution under a constitutional
62	62	amendment proposed by the 85th Legislature, Regular Session, 2017,
63	63	or to dedicated revenue deposited to funds or accounts that would be
64	64	so created or re-created, if the constitutional amendment is
65	65	approved by the voters.
66	66	SECTION 8. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
67	67	Effective September 1, 2017, Sections 403.095(b), (d), and (f),
68	68	Government Code, are amended to read as follows:
69	69	(b) Notwithstanding any law dedicating or setting aside
70	70	revenue for a particular purpose or entity, dedicated revenues
71	71	that, on August 31, 2019 [2017], are estimated to exceed the amount
72	72	appropriated by the General Appropriations Act or other laws
73	73	enacted by the 85th [84th] Legislature are available for general
74	74	governmental purposes and are considered available for the purpose
75	75	of certification under Section 403.121.
76	76	(d) Following certification of the General Appropriations
77	77	Act and other appropriations measures enacted by the 85th
78	78	[84th]Legislature, the comptroller shall reduce each dedicated
79	79	account as directed by the legislature by an amount that may not
80	80	exceed the amount by which estimated revenues and unobligated
81	81	balances exceed appropriations. The reductions may be made in the
82	82	amounts and at the times necessary for cash flow considerations to
83	83	allow all the dedicated accounts to maintain adequate cash balances
84	84	to transact routine business. The legislature may authorize, in the
85	85	General Appropriations Act, the temporary delay of the excess
86	86	balance
87	87	reduction required under this subsection. This subsection does not
88	88	apply to revenues or balances in:
89	89	(1) funds outside the treasury;
90	90	(2) trust funds, which for purposes of this section
91	91	include funds that may or are required to be used in whole or in part
92	92	for the acquisition, development, construction, or maintenance of
93	93	state and local government infrastructures, recreational
94	94	facilities, or natural resource conservation facilities;
95	95	(3) funds created by the constitution or a court; or
96	96	(4) funds for which separate accounting is required by
97	97	federal law.
98	98	(f) This section expires on September 1, 2019 [2017].
99	99	SECTION 9. REPEALER. Section 403.095(e), Government Code,
100	100	is repealed.
101	101	SECTION 10. EFFECT OF ACT. (a) This Act prevails over any
102	102	other Act of the 85th Legislature, Regular Session, 2017,
103	103	regardless of the relative dates of enactment, that purports to
104	104	create or re-create a special fund or account in the state treasury
105	105	or to dedicate or rededicate revenue to a particular purpose,
106	106	including any fund, account, or revenue dedication abolished under
107	107	former Section 403.094, Government Code.
108	108	(b) Revenues that, under the terms of another Act of the
109	109	85th Legislature, Regular Session, 2017, would be deposited to the
110	110	credit of a special account or fund shall be deposited to the credit
111	111	of the undedicated portion of the general revenue fund unless the
112	112	fund, account, or dedication is exempted under this Act.
113	113	SECTION 11. EFFECTIVE DATE. This Act takes effect
114	114	immediately if it receives a vote of two-thirds of all the members
115	115	elected to each house, as provided by Section 39, Article III, Texas
116	116	Constitution. If this Act does not receive the vote necessary for
117	117	immediate effect, this Act takes effect on the 91st day after the
118	118	last day of the legislative session.