4 | 12 | | AN ACT |
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5 | 13 | | relating to the creation and re-creation of funds and accounts, the |
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6 | 14 | | dedication and rededication of revenue and allocation of accrued |
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7 | 15 | | interest on dedicated revenue, and the exemption of unappropriated |
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8 | 16 | | money from use for general governmental purposes. |
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9 | 17 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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10 | 18 | | SECTION 1. DEFINITION. In any provision of this Act that |
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11 | 19 | | does not amend current law, "state agency" means an office, |
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12 | 20 | | institution, or other agency that is in the executive branch or the |
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13 | 21 | | judicial branch of state government, has authority that is not |
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14 | 22 | | limited to a geographical portion of the state, and was created by |
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15 | 23 | | the constitution or a statute of this state. The term does not |
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16 | 24 | | include an institution of higher education as defined by Section |
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17 | 25 | | 61.003, Education Code. |
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18 | 26 | | SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. |
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19 | 27 | | Except as otherwise specifically provided by this Act, all funds |
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20 | 28 | | and accounts created or re-created by an Act of the 86th |
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21 | 29 | | Legislature, Regular Session, 2019, that becomes law and all |
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22 | 30 | | dedications or rededications of revenue collected by a state agency |
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23 | 31 | | for a particular purpose by an Act of the 86th Legislature, Regular |
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24 | 32 | | Session, 2019, that becomes law are abolished on the later of August |
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25 | 33 | | 31, 2019, or the date the Act creating or re-creating the fund or |
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26 | 34 | | account or dedicating or rededicating revenue takes effect. |
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27 | 35 | | SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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28 | 36 | | ACCOUNTS. Section 2 of this Act does not apply to: |
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29 | 37 | | (1) statutory dedications, funds, and accounts that |
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30 | 38 | | were enacted before the 86th Legislature convened to comply with |
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31 | 39 | | requirements of state constitutional or federal law; |
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32 | 40 | | (2) dedications, funds, or accounts that remained |
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33 | 41 | | exempt from former Section 403.094(h), Government Code, at the time |
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34 | 42 | | dedications, accounts, and funds were abolished under that |
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35 | 43 | | provision; |
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36 | 44 | | (3) increases in fees or in other revenue dedicated as |
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37 | 45 | | described by this section; or |
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38 | 46 | | (4) increases in fees or in other revenue required to |
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39 | 47 | | be deposited in a fund or account described by this section. |
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40 | 48 | | SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not |
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41 | 49 | | apply to funds created under an Act of the 86th Legislature, Regular |
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42 | 50 | | Session, 2019, for which separate accounting is required by federal |
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43 | 51 | | law, except that the funds shall be deposited in accounts in the |
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44 | 52 | | general revenue fund unless otherwise required by federal law. |
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45 | 53 | | SECTION 5. TRUST FUNDS. Section 2 of this Act does not |
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46 | 54 | | apply to trust funds or dedicated revenue deposited to trust funds |
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47 | 55 | | created under an Act of the 86th Legislature, Regular Session, |
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48 | 56 | | 2019, except that the trust funds shall be held in the state |
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49 | 57 | | treasury, with the comptroller in trust, or outside the state |
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50 | 58 | | treasury with the comptroller's approval. |
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51 | 59 | | SECTION 6. BOND FUNDS. Section 2 of this Act does not apply |
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52 | 60 | | to bond funds and pledged funds created or affected by an Act of the |
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53 | 61 | | 86th Legislature, Regular Session, 2019, except that the funds |
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54 | 62 | | shall be held in the state treasury, with the comptroller in trust, |
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55 | 63 | | or outside the state treasury with the comptroller's approval. |
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56 | 64 | | SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does |
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57 | 65 | | not apply to funds or accounts that would be created or re-created |
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58 | 66 | | by the Texas Constitution or revenue that would be dedicated or |
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59 | 67 | | rededicated by the Texas Constitution under a constitutional |
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60 | 68 | | amendment proposed by the 86th Legislature, Regular Session, 2019, |
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61 | 69 | | or to dedicated revenue deposited to funds or accounts that would be |
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62 | 70 | | so created or re-created, if the constitutional amendment is |
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63 | 71 | | approved by the voters. |
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64 | 72 | | SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS. |
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65 | 73 | | Section 2 of this Act does not apply to a newly authorized use of a |
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66 | 74 | | dedicated fund or dedicated account as provided by an Act of the |
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67 | 75 | | 86th Legislature, Regular Session, 2019, to the extent: |
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68 | 76 | | (1) the fund or account was exempted from abolition by |
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69 | 77 | | an Act of the legislature that became law before January 1, 2019; |
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70 | 78 | | and |
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71 | 79 | | (2) the newly authorized use is within the scope of the |
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72 | 80 | | original dedication of the fund or account. |
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83 | 99 | | the later of the effective date of the Act creating or re-creating |
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84 | 100 | | the specified account or August 31, 2019, the following accounts, |
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85 | 101 | | the revenue deposited to the credit of those accounts, and the |
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86 | 102 | | revenue dedicated for deposit to the credit of those accounts, are |
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87 | 103 | | exempt from Section 2 of this Act and the accounts are created or |
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88 | 104 | | re-created in the general revenue fund, if created or re-created by |
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89 | 105 | | an Act of the 86th Legislature, Regular Session, 2019, that becomes |
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90 | 106 | | law: |
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91 | 107 | | (1) the identification fee exemption account, created |
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92 | 108 | | as an account in the general revenue fund by House Bill No. 123 or |
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93 | 109 | | similar legislation; |
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94 | 110 | | (2) the newborn screening preservation account, |
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95 | 111 | | created as an account in the general revenue fund by House Bill |
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96 | 112 | | No. 1111, Senate Bill No. 748, or similar legislation; |
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97 | 113 | | (3) the cultivated oyster mariculture cleanup |
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98 | 114 | | subaccount in the game, fish, and water safety account, created as a |
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99 | 115 | | subaccount by House Bill No. 1300 or similar legislation; |
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100 | 116 | | (4) the state hemp production account, created as an |
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101 | 117 | | account in the general revenue fund by House Bill No. 1325 or |
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102 | 118 | | similar legislation; |
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174 | 187 | | the effective date of the Act dedicating or rededicating the |
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175 | 188 | | specified revenue or August 31, 2019, the following dedications or |
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176 | 189 | | rededications of revenue collected for a particular purpose are |
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177 | 190 | | exempt from Section 2 of this Act, if dedicated or rededicated by an |
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178 | 191 | | Act of the 86th Legislature, Regular Session, 2019: |
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179 | 192 | | (1) the dedication of certain tax revenue to the drug |
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180 | 193 | | court account provided by House Bill No. 1243 or similar |
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181 | 194 | | legislation; |
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182 | 195 | | (2) the dedication of certain fee revenue to the Texas |
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183 | 196 | | Department of Motor Vehicles fund provided by House Bill No. 1548 |
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184 | 197 | | or similar legislation; |
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185 | 198 | | (3) the dedication of revenue to the state highway |
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186 | 199 | | fund provided by House Bill No. 1649 or similar legislation; |
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187 | 200 | | (4) the dedication of certain fee revenue to the Texas |
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188 | 201 | | Department of Motor Vehicles fund provided by House Bill No. 1711 or |
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189 | 202 | | similar legislation; |
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190 | 203 | | (5) the dedication of certain administrative penalty |
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191 | 204 | | revenue to the sexual assault program fund provided by House Bill |
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192 | 205 | | No. 1735 or similar legislation; |
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193 | 206 | | (6) the dedication of revenue to the state lottery |
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194 | 207 | | account provided by House Bill No. 1790 or similar legislation; |
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195 | 208 | | (7) the dedication of certain assessment revenue to |
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196 | 209 | | the account with the Texas Treasury Safekeeping Trust Company |
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197 | 210 | | provided by House Bill No. 1880 or similar legislation; |
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198 | 211 | | (8) the dedication of certain revenue to the Texas |
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199 | 212 | | Racing Commission account in the general revenue fund provided by |
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200 | 213 | | House Bill No. 1995 or similar legislation; |
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201 | 214 | | (9) the dedication of certain administrative penalty |
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202 | 215 | | revenue to the freestanding emergency medical care facility |
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203 | 216 | | licensing fund provided by House Bill No. 2041 or similar |
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204 | 217 | | legislation; |
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205 | 218 | | (10) the dedication of grants or donations to the |
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206 | 219 | | state highway fund provided by House Bill No. 2043 or similar |
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207 | 220 | | legislation; |
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208 | 221 | | (11) the dedication of certain revenue to the |
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209 | 222 | | designated trauma facility and emergency medical services account |
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210 | 223 | | provided by House Bill No. 2048 or similar legislation; |
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211 | 224 | | (12) the dedication of fee revenue to the Texas |
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212 | 225 | | mobility fund provided by House Bill No. 2478 or similar |
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213 | 226 | | legislation; |
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214 | 227 | | (13) the dedication of revenue provided by House Bill |
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215 | 228 | | No. 2587 or similar legislation; |
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216 | 229 | | (14) the dedication of certain fee revenue to the |
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217 | 230 | | Texas Department of Motor Vehicles fund provided by House Bill |
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218 | 231 | | No. 2620 or similar legislation; |
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219 | 232 | | (15) the dedication of revenue to the Texas water |
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220 | 233 | | resources fund provided by House Bill No. 4116 or similar |
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221 | 234 | | legislation; |
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222 | 235 | | (16) the dedication of revenue to the foundation |
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223 | 236 | | school fund provided by House Bill No. 4306 or similar legislation; |
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245 | 254 | | DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956, |
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246 | 255 | | Government Code, is reenacted to read as follows: |
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247 | 256 | | Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN |
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248 | 257 | | DEDICATED REVENUE. Notwithstanding any other law, all interest or |
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249 | 258 | | other earnings that accrue on all revenue held in an account in the |
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250 | 259 | | general revenue fund any part of which Section 403.095 makes |
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251 | 260 | | available for certification under Section 403.121 are available for |
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252 | 261 | | any general governmental purpose, and the comptroller shall deposit |
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253 | 262 | | the interest and earnings to the credit of the general revenue fund. |
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254 | 263 | | This section does not apply to: |
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255 | 264 | | (1) interest or earnings on revenue deposited in |
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256 | 265 | | accordance with Section 51.008, Education Code; |
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257 | 266 | | (2) an account that accrues interest or other earnings |
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258 | 267 | | on deposits of state or federal money the diversion of which is |
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259 | 268 | | specifically excluded by federal law; |
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260 | 269 | | (3) the lifetime license endowment account; |
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261 | 270 | | (4) the game, fish, and water safety account; |
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262 | 271 | | (5) the coastal protection account; |
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263 | 272 | | (6) the Alamo complex account; or |
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264 | 273 | | (7) the artificial reef account. |
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266 | 275 | | Effective September 1, 2019, Sections 403.095(b), (d), and (f), |
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267 | 276 | | Government Code, are amended to read as follows: |
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268 | 277 | | (b) Notwithstanding any law dedicating or setting aside |
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269 | 278 | | revenue for a particular purpose or entity, dedicated revenues that |
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270 | 279 | | on August 31, 2021 [2019], are estimated to exceed the amount |
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271 | 280 | | appropriated by the General Appropriations Act or other laws |
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272 | 281 | | enacted by the 86th [85th] Legislature are available for general |
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273 | 282 | | governmental purposes and are considered available for the purpose |
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274 | 283 | | of certification under Section 403.121. |
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275 | 284 | | (d) Following certification of the General Appropriations |
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276 | 285 | | Act and other appropriations measures enacted by the 86th [85th] |
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277 | 286 | | Legislature, the comptroller shall reduce each dedicated account as |
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278 | 287 | | directed by the legislature by an amount that may not exceed the |
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279 | 288 | | amount by which estimated revenues and unobligated balances exceed |
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280 | 289 | | appropriations. The reductions may be made in the amounts and at |
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281 | 290 | | the times necessary for cash flow considerations to allow all the |
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282 | 291 | | dedicated accounts to maintain adequate cash balances to transact |
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283 | 292 | | routine business. The legislature may authorize, in the General |
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284 | 293 | | Appropriations Act, the temporary delay of the excess balance |
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285 | 294 | | reduction required under this subsection. This subsection does not |
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286 | 295 | | apply to revenues or balances in: |
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287 | 296 | | (1) funds outside the treasury; |
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288 | 297 | | (2) trust funds, which for purposes of this section |
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289 | 298 | | include funds that may or are required to be used in whole or in part |
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290 | 299 | | for the acquisition, development, construction, or maintenance of |
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291 | 300 | | state and local government infrastructures, recreational |
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292 | 301 | | facilities, or natural resource conservation facilities; |
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293 | 302 | | (3) funds created by the constitution or a court; or |
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294 | 303 | | (4) funds for which separate accounting is required by |
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295 | 304 | | federal law. |
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296 | 305 | | (f) This section expires September 1, 2021 [2019]. |
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298 | 307 | | CODE. Effective September 1, 2019, Section 504.6012, |
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299 | 308 | | Transportation Code, is amended to read as follows: |
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300 | 309 | | Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS; |
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301 | 310 | | REVENUES IN TRUST. (a) Notwithstanding any other law, not later |
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302 | 311 | | than September 30, 2019 [2015], the comptroller shall eliminate all |
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303 | 312 | | dedicated accounts established for specialty license plates and |
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304 | 313 | | shall set aside the balances of those dedicated accounts so that the |
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305 | 314 | | balances may be appropriated only for the purposes intended as |
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306 | 315 | | provided by the dedications. |
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307 | 316 | | (b) On and after September 1, 2019 [2015], the portion of a |
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308 | 317 | | fee payable that is designated for deposit to a dedicated account |
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309 | 318 | | shall be paid instead to the credit of an account in a trust fund |
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310 | 319 | | created by the comptroller outside the general revenue fund. The |
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311 | 320 | | comptroller shall administer the trust fund and accounts and may |
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312 | 321 | | allocate the corpus and earnings on each account only in accordance |
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313 | 322 | | with the dedications of the revenue deposited to the trust fund |
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314 | 323 | | accounts. |
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315 | | - | SECTION 16. CLEAN AIR ACCOUNT; DEDICATION OF REVENUE. (a) |
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316 | | - | Section 382.05155(d), Health and Safety Code, is amended to read as |
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317 | | - | follows: |
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318 | | - | (d) The commission by rule may add a surcharge to an |
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319 | | - | application fee assessed under this chapter for an expedited |
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320 | | - | application in an amount sufficient to cover the expenses incurred |
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321 | | - | by the expediting, including overtime, contract labor, and other |
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322 | | - | costs. The surcharge is considered part of the application fee and |
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323 | | - | shall be deposited with the fee to the credit of the clean air |
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324 | | - | account established under Section 382.0622(b). |
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325 | | - | (b) Section 2 of this Act does not apply to the dedication of |
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326 | | - | money made by Subsection (a) of this section. |
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327 | | - | SECTION 17. COMMERCIAL GULF SHRIMP UNLOADING LICENSING FEE; |
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328 | | - | DEDICATION OF REVENUE. (a) Section 77.034(d), Parks and Wildlife |
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329 | | - | Code, is amended to read as follows: |
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330 | | - | (d) The fee for a commercial gulf shrimp unloading license |
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331 | | - | is $1485, or an amount set by the commission, whichever amount is |
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332 | | - | more. Revenue from the fee shall be deposited to the credit of the |
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333 | | - | game, fish, and water safety account established under Section |
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334 | | - | 11.032. |
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335 | | - | (b) Section 2 of this Act does not apply to money dedicated |
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336 | | - | to the game, fish, and water safety account by Section 77.034(d), |
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337 | | - | Parks and Wildlife Code, as amended by this Act. |
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338 | | - | SECTION 18. STRATEGIC MAPPING ACCOUNT. (a) Section |
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| 324 | + | SECTION 17. STRATEGIC MAPPING ACCOUNT. (a) Section |
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339 | 325 | | 16.023, Water Code, as added by Section 2.13, Chapter 1430 (S.B. 3), |
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340 | 326 | | Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
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341 | 327 | | to read as follows: |
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342 | 328 | | Sec. 16.023. STRATEGIC MAPPING ACCOUNT. (a) The strategic |
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343 | 329 | | mapping account is an account in the general revenue fund. The |
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344 | 330 | | account consists of: |
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345 | 331 | | (1) money directly appropriated to the board; |
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346 | 332 | | (2) money transferred by the board from other funds |
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347 | 333 | | available to the board; |
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348 | 334 | | (3) money from gifts or grants from the United States |
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349 | 335 | | government, state, regional, or local governments, educational |
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350 | 336 | | institutions, private sources, or other sources; |
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351 | 337 | | (4) proceeds from the sale of maps, data, |
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352 | 338 | | publications, and other items; and |
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353 | 339 | | (5) interest earned on the investment of money in the |
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354 | 340 | | account and depository interest allocable to the account. |
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355 | 341 | | (b) The account may be appropriated only to the board to: |
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356 | 342 | | (1) develop, administer, and implement the strategic |
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357 | 343 | | mapping program; |
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358 | 344 | | (2) provide grants to political subdivisions for |
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359 | 345 | | projects related to the development, use, and dissemination of |
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360 | 346 | | digital, geospatial information; and |
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361 | 347 | | (3) administer, implement, and operate other programs |
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362 | 348 | | of the Texas Natural Resources Information System, including: |
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363 | 349 | | (A) the operation of a Texas-Mexico border region |
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364 | 350 | | information center for the purpose of implementing Section |
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365 | 351 | | 16.021(e)(5); |
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366 | 352 | | (B) the acquisition, storage, and distribution |
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367 | 353 | | of historical maps, photographs, and paper map products; |
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368 | 354 | | (C) the maintenance and enhancement of |
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369 | 355 | | information technology; and |
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370 | 356 | | (D) the production, storage, and distribution of |
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371 | 357 | | other digital base maps, as determined by the executive |
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372 | 358 | | administrator. |
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373 | 359 | | (c) The board may invest, reinvest, and direct the |
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374 | 360 | | investment of any available money in the fund as provided by law for |
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375 | 361 | | the investment of money under Section 404.024, Government Code. |
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376 | 362 | | (b) The strategic mapping account is re-created by this Act |
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377 | 363 | | as an account in the general revenue fund, and all revenue dedicated |
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378 | 364 | | for deposit to the credit of the strategic mapping account is |
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379 | 365 | | rededicated by this Act for that purpose. Section 2 of this Act |
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380 | 366 | | does not apply to the account as re-created by this Act or a |
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381 | 367 | | dedication of revenue to the account as rededicated by this Act. |
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395 | 369 | | other Act of the 86th Legislature, Regular Session, 2019, |
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396 | 370 | | regardless of the relative dates of enactment, that purports to |
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397 | 371 | | create or re-create a special fund or account or to dedicate or |
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398 | 372 | | rededicate revenue to a particular purpose, including any fund, |
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399 | 373 | | account, or revenue dedication abolished under former Section |
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400 | 374 | | 403.094, Government Code. |
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401 | 375 | | (b) An exemption from the application of Section 403.095, |
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402 | 376 | | Government Code, contained in another Act of the 86th Legislature, |
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403 | 377 | | Regular Session, 2019, that is exempted from the application of |
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404 | 378 | | Section 2 of this Act has no effect. |
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405 | 379 | | (c) Revenue that, under the terms of another Act of the 86th |
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406 | 380 | | Legislature, Regular Session, 2019, would be deposited to the |
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407 | 381 | | credit of a special account or fund shall be deposited to the credit |
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408 | 382 | | of the undedicated portion of the general revenue fund unless the |
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409 | 383 | | fund, account, or dedication is exempted under this Act. |
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