1 | 1 | | By: Nelson S.B. No. 2178 |
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2 | 2 | | |
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3 | 3 | | |
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4 | 4 | | A BILL TO BE ENTITLED |
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5 | 5 | | AN ACT |
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6 | 6 | | relating to state fiscal matters. |
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7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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8 | 8 | | ARTICLE 1. PUBLIC EDUCATION |
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9 | 9 | | SECTION 1.01. This article applies to any state agency, |
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10 | 10 | | school, or other entity, other than an institution of higher |
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11 | 11 | | education, that receives an appropriation under Article III of the |
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12 | 12 | | General Appropriations Act. |
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13 | 13 | | SECTION 1.02. Notwithstanding any other statute of this |
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14 | 14 | | state, each entity to which this article applies is authorized to |
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15 | 15 | | reduce or recover expenditures by: |
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16 | 16 | | (1) consolidating any reports or publications the |
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17 | 17 | | entity is required to make and filing or delivering any of those |
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18 | 18 | | reports or publications exclusively by electronic means; |
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19 | 19 | | (2) extending the effective period of any license, |
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20 | 20 | | permit, or registration the entity grants or administers; |
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21 | 21 | | (3) entering into a contract with another governmental |
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22 | 22 | | entity or with a private vendor to carry out any of the entity's |
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23 | 23 | | duties; |
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24 | 24 | | (4) providing that any communication between the |
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25 | 25 | | entity and another person and any document required to be delivered |
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26 | 26 | | to or by the entity, including any application, notice, billing |
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27 | 27 | | statement, receipt, or certificate, may be made or delivered by |
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28 | 28 | | e-mail or through the Internet; and |
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29 | 29 | | (5) adopting and collecting fees or charges to cover |
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30 | 30 | | any costs the entity incurs in performing its lawful functions. |
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31 | 31 | | SECTION 1.03. An employee of a state agency, school, or |
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32 | 32 | | other entity other than an institution of higher education, that |
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33 | 33 | | receives an appropriation under Article III of the General |
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34 | 34 | | Appropriations Act, is not entitled to an amount from the state for |
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35 | 35 | | expenses, per diem, travel, or salary that exceeds the amount |
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36 | 36 | | authorized for those purposes by the General Appropriations Act. |
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37 | 37 | | SECTION 1.04. An employee of a state agency, school, or |
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38 | 38 | | other entity other than an institution of higher education, that |
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39 | 39 | | receives an appropriation under Article III of the General |
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40 | 40 | | Appropriations Act, is not entitled to an amount from the state for |
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41 | 41 | | a salary, a salary supplement, office expenses or reimbursement of |
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42 | 42 | | office expenses, or travel that exceeds the amount authorized for |
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43 | 43 | | those purposes by the General Appropriations Act. |
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44 | 44 | | SECTION 1.05. An employee of an agency or other entity |
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45 | 45 | | appropriated funds under Article III of the General Appropriations |
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46 | 46 | | Act other than an institution of higher education is not entitled to |
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47 | 47 | | an amount from the state for expenses, per diem, travel, or salary |
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48 | 48 | | that exceeds the amount authorized for those purposes by the |
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49 | 49 | | General Appropriations Act. |
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50 | 50 | | ARTICLE 2. HEALTH AND HUMAN SERVICES |
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51 | 51 | | SECTION 2.01. This article applies to any state agency that |
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52 | 52 | | receives an appropriation under Article II of the General |
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53 | 53 | | Appropriations Act and to any program administered by any of those |
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54 | 54 | | agencies. |
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55 | 55 | | SECTION 2.02. Notwithstanding any other statute of this |
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56 | 56 | | state, each state agency to which this article applies is |
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57 | 57 | | authorized to reduce or recover expenditures by: |
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58 | 58 | | (1) consolidating any reports or publications the |
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59 | 59 | | agency is required to make and filing or delivering any of those |
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60 | 60 | | reports or publications exclusively by electronic means; |
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61 | 61 | | (2) extending the effective period of any license, |
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62 | 62 | | permit, or registration the agency grants or administers; |
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63 | 63 | | (3) entering into a contract with another governmental |
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64 | 64 | | entity or with a private vendor to carry out any of the agency's |
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65 | 65 | | duties; |
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66 | 66 | | (4) adopting additional eligibility requirements |
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67 | 67 | | consistent with federal law for persons who receive benefits under |
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68 | 68 | | any law the agency administers to ensure that those benefits are |
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69 | 69 | | received by the most deserving persons consistent with the purposes |
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70 | 70 | | for which the benefits are provided, including under the following |
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71 | 71 | | laws: |
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72 | 72 | | (A) Chapter 62, Health and Safety Code (child |
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73 | 73 | | health plan program); |
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74 | 74 | | (B) Chapter 31, Human Resources Code (temporary |
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75 | 75 | | assistance for needy families program); |
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76 | 76 | | (C) Chapter 32, Human Resources Code (Medicaid |
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77 | 77 | | program); |
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78 | 78 | | (D) Chapter 33, Human Resources Code |
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79 | 79 | | (supplemental nutrition assistance and other nutritional |
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80 | 80 | | assistance programs); and |
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81 | 81 | | (E) Chapter 533, Government Code (Medicaid |
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82 | 82 | | managed care); |
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83 | 83 | | (5) providing that any communication between the |
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84 | 84 | | agency and another person and any document required to be delivered |
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85 | 85 | | to or by the agency, including any application, notice, billing |
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86 | 86 | | statement, receipt, or certificate, may be made or delivered by |
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87 | 87 | | e-mail or through the Internet; |
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88 | 88 | | (6) adopting and collecting fees or charges to cover |
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89 | 89 | | any costs the agency incurs in performing its lawful functions; and |
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90 | 90 | | (7) modifying and streamlining processes used in: |
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91 | 91 | | (A) the conduct of eligibility determinations |
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92 | 92 | | for programs listed in Subdivision (4) of this subsection by or |
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93 | 93 | | under the direction of the Health and Human Services Commission; |
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94 | 94 | | (B) the provision of child and adult protective |
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95 | 95 | | services by the Department of Family and Protective Services; |
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96 | 96 | | (C) the provision of services for the aging and |
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97 | 97 | | disabled by the Health and Human Services Commission; |
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98 | 98 | | (D) the provision of services to children and |
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99 | 99 | | other persons with disabilities by the Health and Human Services |
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100 | 100 | | Commission; |
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101 | 101 | | (E) the provision of community health services, |
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102 | 102 | | consumer protection services, mental health services, and hospital |
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103 | 103 | | facilities and services by the Department of State Health Services; |
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104 | 104 | | and |
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105 | 105 | | (F) the provision or administration of other |
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106 | 106 | | services provided or programs operated by the Health and Human |
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107 | 107 | | Services Commission or a health and human services agency, as |
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108 | 108 | | defined by Section 531.001, Government Code. |
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109 | 109 | | SECTION 2.03. A health and human services employee is not |
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110 | 110 | | entitled to an amount from the state for expenses, per diem, travel, |
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111 | 111 | | or salary that exceeds the amount authorized for those purposes by |
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112 | 112 | | the General Appropriations Act. |
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113 | 113 | | SECTION 2.04. A health and human services employee is not |
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114 | 114 | | entitled to an amount from the state for a salary, a salary |
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115 | 115 | | supplement, office expenses or reimbursement of office expenses, or |
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116 | 116 | | travel that exceeds the amount authorized for those purposes by the |
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117 | 117 | | General Appropriations Act. |
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118 | 118 | | SECTION 2.05. If before implementing any provision of this |
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119 | 119 | | article a state agency determines that a waiver or authorization |
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120 | 120 | | from a federal agency is necessary for implementation of that |
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121 | 121 | | provision, the agency affected by the provision shall request the |
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122 | 122 | | waiver or authorization and may delay implementing that provision |
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123 | 123 | | until the waiver or authorization is granted. |
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124 | 124 | | ARTICLE 3. ARTICLE VII AGENCIES |
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125 | 125 | | SECTION 3.01. This article applies to any state agency that |
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126 | 126 | | receives an appropriation under Article VII of the General |
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127 | 127 | | Appropriations Act. |
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128 | 128 | | SECTION 3.02. Notwithstanding any other statute of this |
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129 | 129 | | state, each state agency to which this article applies is |
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130 | 130 | | authorized to reduce or recover expenditures by: |
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131 | 131 | | (1) consolidating any reports or publications the |
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132 | 132 | | agency is required to make and filing or delivering any of those |
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133 | 133 | | reports or publications exclusively by electronic means; |
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134 | 134 | | (2) extending the effective period of any license, |
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135 | 135 | | permit, or registration the agency grants or administers; |
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136 | 136 | | (3) entering into a contract with another governmental |
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137 | 137 | | entity or with a private vendor to carry out any of the agency's |
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138 | 138 | | duties; |
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139 | 139 | | (4) adopting additional eligibility requirements for |
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140 | 140 | | persons who receive benefits under any law the agency administers |
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141 | 141 | | to ensure that those benefits are received by the most deserving |
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142 | 142 | | persons consistent with the purposes for which the benefits are |
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143 | 143 | | provided; |
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144 | 144 | | (5) providing that any communication between the |
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145 | 145 | | agency and another person and any document required to be delivered |
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146 | 146 | | to or by the agency, including any application, notice, billing |
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147 | 147 | | statement, receipt, or certificate, may be made or delivered by |
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148 | 148 | | e-mail or through the Internet; and |
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149 | 149 | | (6) adopting and collecting fees or charges to cover |
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150 | 150 | | any costs the agency incurs in performing its lawful functions. |
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151 | 151 | | SECTION 3.03. An employee of an agency appropriated funds |
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152 | 152 | | under Article VII of the General Appropriations Act is not entitled |
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153 | 153 | | to an amount from the state for expenses, per diem, travel, or |
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154 | 154 | | salary that exceeds the amount authorized for those purposes by the |
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155 | 155 | | General Appropriations Act. |
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156 | 156 | | SECTION 3.04. An employee of an agency appropriated funds |
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157 | 157 | | under Article VII of the General Appropriations Act is not entitled |
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158 | 158 | | to an amount from the state for a salary, a salary supplement, |
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159 | 159 | | office expenses or reimbursement of office expenses, or travel that |
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160 | 160 | | exceeds the amount authorized for those purposes by the General |
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161 | 161 | | Appropriations Act. |
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162 | 162 | | SECTION 3.05. Section 201.601, Transportation Code, is |
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163 | 163 | | amended by adding Subsection (g) to read as follows: |
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164 | 164 | | (g) The plan must include a component that evaluates future |
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165 | 165 | | federal funding opportunities for all modes of transportation and |
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166 | 166 | | identifies actions necessary to maximize the total amount of |
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167 | 167 | | federal funds received in the future for transportation |
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168 | 168 | | improvements in this state. |
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169 | 169 | | SECTION 3.06. Subchapter H, Chapter 201, Transportation |
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170 | 170 | | Code, is amended by adding Section 201.623 to read as follows: |
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171 | 171 | | Sec. 201.623. COOPERATION WITH LOCAL PLANNING ENTITIES TO |
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172 | 172 | | MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work |
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173 | 173 | | and plan with local transportation planning entities to maximize |
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174 | 174 | | the amount of federal funding awarded for projects in this state by |
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175 | 175 | | identifying and pursuing projects that are eligible for federal |
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176 | 176 | | grant programs, including the scenic byways program. |
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177 | 177 | | SECTION 3.07. Subchapter A, Chapter 623, Transportation |
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178 | 178 | | Code, is amended by adding Section 623.002 to read as follows: |
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179 | 179 | | Sec. 623.004. EVALUATION OF PERMIT FEES. (a) The |
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180 | 180 | | department shall evaluate highway use in this state by oversize or |
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181 | 181 | | overweight vehicles, calculate the cost of damage to highways in |
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182 | 182 | | this state caused by those vehicles, and determine whether: |
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183 | 183 | | (1) the fees charged for permits issued under this |
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184 | 184 | | chapter are adequate to offset the costs of damage to highways |
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185 | 185 | | caused by those vehicles and recommend any fee adjustments for the |
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186 | 186 | | permits to reflect the costs of damage to highways caused by those |
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187 | 187 | | vehicles; and |
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188 | 188 | | (2) vehicles currently exempt from permit |
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189 | 189 | | requirements under this chapter should be required to obtain a |
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190 | 190 | | permit to operate on roads or highways in this state. |
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191 | 191 | | (b) Not later than October 1 of each even-numbered year, the |
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192 | 192 | | department shall report its findings to: |
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193 | 193 | | (1) the Legislative Budget Board; and |
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194 | 194 | | (2) the governor. |
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195 | 195 | | SECTION 3.08. Section 623.077, Transportation Code, is |
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196 | 196 | | amended to read as follows: |
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197 | 197 | | Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant |
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198 | 198 | | for a permit under this subchapter, other than a permit under |
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199 | 199 | | Section 623.071(c)(3), must also pay a highway maintenance fee in |
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200 | 200 | | an amount determined according to vehicle weight and distance |
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201 | 201 | | traveled. [the following table: |
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202 | 202 | | [Vehicle Weight in Pounds Fee [Vehicle Weight in Pounds Fee |
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203 | 203 | | [Vehicle Weight in Pounds Fee |
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204 | 204 | | [80,001 to 120,000 $150 [80,001 to 120,000 $150 |
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205 | 205 | | [80,001 to 120,000 $150 |
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206 | 206 | | [120,001 to 160,000 $225 [120,001 to 160,000 $225 |
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207 | 207 | | [120,001 to 160,000 $225 |
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208 | 208 | | [160,001 to 200,000 $300 [160,001 to 200,000 $300 |
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209 | 209 | | [160,001 to 200,000 $300 |
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210 | 210 | | [200,001 and above $375] [200,001 and above $375] |
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211 | 211 | | [200,001 and above $375] |
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212 | 212 | | (b) The department shall adopt rules to implement this |
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213 | 213 | | section and establish a schedule of rates, based on miles traveled, |
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214 | 214 | | for all vehicle weight categories that provides for an increase in |
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215 | 215 | | the rates according to the weight of a vehicle. |
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216 | 216 | | (c) The department shall send each fee collected under |
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217 | 217 | | Subsection (a) to the comptroller, who shall deposit: |
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218 | 218 | | (1) 90 percent of the fee to the credit of the state |
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219 | 219 | | highway fund; and |
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220 | 220 | | (2) 10 percent of the fee to the credit of the Texas |
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221 | 221 | | Department of Motor Vehicles fund. |
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222 | 222 | | SECTION 3.09. (a) The Texas Department of Transportation |
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223 | 223 | | shall adopt rules implementing Section 623.077, Transportation |
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224 | 224 | | Code, as amended by this article, not later than January 1, 2020. |
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225 | 225 | | (b) Section 623.077(a), Transportation Code, as amended by |
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226 | 226 | | this article, applies only to an application for a permit submitted |
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227 | 227 | | under Subchapter D, Chapter 623, Transportation Code, to the Texas |
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228 | 228 | | Department of Transportation on or after January 1, 2020. An |
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229 | 229 | | application for a permit submitted before January 1, 2020, is |
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230 | 230 | | governed by the law in effect on the date the application was |
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231 | 231 | | submitted, and that law is continued in effect for that purpose. |
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232 | 232 | | ARTICLE 4. GENERAL GOVERNMENT |
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233 | 233 | | SECTION 4.01. This article applies to any state agency that |
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234 | 234 | | receives an appropriation under Article I of the General |
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235 | 235 | | Appropriations Act. |
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236 | 236 | | SECTION 4.02. Notwithstanding any other statute of this |
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237 | 237 | | state, each state agency to which this article applies is |
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238 | 238 | | authorized to reduce or recover expenditures by: |
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239 | 239 | | (1) consolidating any reports or publications the |
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240 | 240 | | agency is required to make and filing or delivering any of those |
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241 | 241 | | reports or publications exclusively by electronic means; |
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242 | 242 | | (2) extending the effective period of any license, |
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243 | 243 | | permit, or registration the agency grants or administers; |
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244 | 244 | | (3) entering into a contract with another governmental |
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245 | 245 | | entity or with a private vendor to carry out any of the agency's |
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246 | 246 | | duties; |
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247 | 247 | | (4) adopting additional eligibility requirements for |
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248 | 248 | | persons who receive benefits under any law the agency administers |
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249 | 249 | | to ensure that those benefits are received by the most deserving |
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250 | 250 | | persons consistent with the purposes for which the benefits are |
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251 | 251 | | provided; |
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252 | 252 | | (5) providing that any communication between the |
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253 | 253 | | agency and another person and any document required to be delivered |
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254 | 254 | | to or by the agency, including any application, notice, billing |
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255 | 255 | | statement, receipt, or certificate, may be made or delivered by |
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256 | 256 | | e-mail or through the Internet; and |
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257 | 257 | | (6) adopting and collecting fees or charges to cover |
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258 | 258 | | any costs the agency incurs in performing its lawful functions. |
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259 | 259 | | SECTION 4.03. An employee of an agency appropriated funds |
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260 | 260 | | under Article I of the General Appropriations Act is not entitled to |
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261 | 261 | | an amount from the state for expenses, per diem, travel, or salary |
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262 | 262 | | that exceeds the amount authorized for those purposes by the |
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263 | 263 | | General Appropriations Act. |
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264 | 264 | | SECTION 4.04. An employee of an agency appropriated funds |
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265 | 265 | | under Article I of the General Appropriations Act is not entitled to |
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266 | 266 | | an amount from the state for a salary, a salary supplement, office |
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267 | 267 | | expenses or reimbursement of office expenses, or travel that |
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268 | 268 | | exceeds the amount authorized for those purposes by the General |
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269 | 269 | | Appropriations Act. |
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270 | 270 | | SECTION 4.05. Chapter 1231, Government Code, is amended by |
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271 | 271 | | adding Subchapter G to read as follows: |
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272 | 272 | | SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND |
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273 | 273 | | Sec. 1231.151. DEFINITIONS. In this subchapter: |
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274 | 274 | | (1) "Maximum annual debt service" means the limitation |
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275 | 275 | | on annual debt service imposed by Section 49-j(a), Article III, |
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276 | 276 | | Texas Constitution. |
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277 | 277 | | (2) "State debt payable from the general revenue fund" |
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278 | 278 | | has the meaning assigned by Section 49-j(b), Article III, Texas |
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279 | 279 | | Constitution. |
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280 | 280 | | (3) "Unissued debt" means state debt payable from the |
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281 | 281 | | general revenue fund that has been authorized but not issued. |
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282 | 282 | | Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the |
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283 | 283 | | annual debt service in a state fiscal year on state debt payable |
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284 | 284 | | from the general revenue fund for purposes of determining whether |
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285 | 285 | | additional state debt may be authorized without exceeding the |
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286 | 286 | | maximum annual debt service, the board may employ any assumptions |
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287 | 287 | | related to unissued debt that the board determines are necessary to |
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288 | 288 | | reflect common or standard debt issuance practices authorized by |
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289 | 289 | | law, including assumptions regarding: |
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290 | 290 | | (1) interest rates; |
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291 | 291 | | (2) debt maturity; and |
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292 | 292 | | (3) debt service payment structures. |
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293 | 293 | | Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall |
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294 | 294 | | publish during each state fiscal year a report providing a detailed |
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295 | 295 | | description of the method used to compute the annual debt service in |
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296 | 296 | | that fiscal year on state debt payable from the general revenue fund |
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297 | 297 | | for purposes of determining whether additional state debt may be |
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298 | 298 | | authorized. The report must describe: |
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299 | 299 | | (1) the debt service included in the computation, |
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300 | 300 | | including debt service on issued and unissued debt; |
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301 | 301 | | (2) the assumptions on which the debt service on |
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302 | 302 | | unissued debt was based; and |
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303 | 303 | | (3) any other factors required by law that affect the |
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304 | 304 | | computation. |
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305 | 305 | | (b) The board may publish the report required by this |
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306 | 306 | | section as a component of any other report required by law, |
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307 | 307 | | including the annual report required by Section 1231.102, or as an |
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308 | 308 | | independent report. The board shall make the report available to |
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309 | 309 | | the public. |
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310 | 310 | | SECTION 4.06. The Bond Review Board shall publish the |
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311 | 311 | | initial report required by Section 1231.153, Government Code, as |
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312 | 312 | | added by this article, during the state fiscal year beginning |
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313 | 313 | | September 1, 2019. |
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314 | 314 | | SECTION 4.07. Subchapter A, Chapter 2176, Government Code, |
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315 | 315 | | is amended by adding Section 2176.007 to read as follows: |
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316 | 316 | | Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) |
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317 | 317 | | The comptroller shall conduct a study on the mail operations of each |
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318 | 318 | | state agency in the executive branch of state government that |
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319 | 319 | | receives an appropriation made under Article I of the General |
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320 | 320 | | Appropriations Act. The study must identify provisions of law |
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321 | 321 | | relating to the mailing requirements for the agency that impede the |
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322 | 322 | | efficient transmission and receipt of documents by the agency. |
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323 | 323 | | (b) In conducting the study, the comptroller shall |
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324 | 324 | | collaborate with other state agencies to consider the needs or |
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325 | 325 | | concerns specific to those agencies. |
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326 | 326 | | (c) Not later than November 1, 2020, the comptroller shall |
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327 | 327 | | post the findings of the study conducted under this section on the |
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328 | 328 | | comptroller's Internet website. |
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329 | 329 | | (d) This section expires September 1, 2021. |
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330 | 330 | | SECTION 4.08. Section 2054.380(b), Government Code, is |
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331 | 331 | | amended to read as follows: |
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332 | 332 | | (b) Revenue derived from the collection of fees imposed |
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333 | 333 | | under Subsection (a) may be appropriated to the department for: |
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334 | 334 | | (1) developing statewide information resources |
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335 | 335 | | technology policies and planning under this chapter and Chapter |
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336 | 336 | | 2059; and |
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337 | 337 | | (2) providing shared information resources technology |
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338 | 338 | | services [under this chapter]. |
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339 | 339 | | SECTION 4.09. Section 2157.068(d), Government Code, is |
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340 | 340 | | amended to read as follows: |
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341 | 341 | | (d) The department may charge a reasonable administrative |
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342 | 342 | | fee to a state agency, political subdivision of this state, or |
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343 | 343 | | governmental entity of another state that purchases commodity items |
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344 | 344 | | through the department in an amount that is sufficient to recover |
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345 | 345 | | costs associated with the administration of this section. Revenue |
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346 | 346 | | derived from the collection of fees imposed under this subsection |
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347 | 347 | | may be appropriated to the department for: |
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348 | 348 | | (1) developing statewide information resources |
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349 | 349 | | technology policies and planning [under Chapters 2054 and 2059]; |
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350 | 350 | | and |
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351 | 351 | | (2) providing shared information resources technology |
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352 | 352 | | services [under Chapter 2054]. |
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353 | 353 | | SECTION 4.10. Section 2170.057(d), Government Code, is |
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354 | 354 | | amended to read as follows: |
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355 | 355 | | (d) The department shall maintain in the revolving fund |
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356 | 356 | | account sufficient amounts to pay the bills of the consolidated |
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357 | 357 | | telecommunications system and the centralized capitol complex |
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358 | 358 | | telephone system. The department shall certify amounts that exceed |
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359 | 359 | | this amount to the comptroller, and the comptroller shall transfer |
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360 | 360 | | the excess amounts to the credit of the general revenue fund. |
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361 | 361 | | ARTICLE 5. FUNDS, ACCOUNTS, AND DEDICATIONS |
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362 | 362 | | SECTION 5.01. DEFINITION. In any provision of this Act |
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363 | 363 | | that does not amend current law, "state agency" means an office, |
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364 | 364 | | institution, or other agency that is in the executive branch or the |
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365 | 365 | | judicial branch of state government, has authority that is not |
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366 | 366 | | limited to a geographical portion of the state, and was created by |
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367 | 367 | | the constitution or a statute of this state. The term does not |
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368 | 368 | | include an institution of higher education as defined by Section |
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369 | 369 | | 61.003, Education Code. |
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370 | 370 | | SECTION 5.02. ABOLITION OF FUNDS, ACCOUNTS, AND |
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371 | 371 | | DEDICATIONS. Except as otherwise specifically provided by this Act, |
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372 | 372 | | all funds and accounts created or re-created by an Act of the 86th |
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373 | 373 | | Legislature, Regular Session, 2019, that becomes law and all |
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374 | 374 | | dedications or rededications of revenue collected by a state agency |
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375 | 375 | | for a particular purpose by an Act of the 86th Legislature, Regular |
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376 | 376 | | Session, 2019, that becomes law are abolished on the later of August |
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377 | 377 | | 31, 2019, or the date the Act creating or re-creating the fund or |
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378 | 378 | | account or dedicating or rededicating revenue takes effect. |
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379 | 379 | | SECTION 5.03. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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380 | 380 | | ACCOUNTS. Section 5.02 of this Article does not apply to: |
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381 | 381 | | (1) statutory dedications, funds, and accounts that |
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382 | 382 | | were enacted before the 86th Legislature convened to comply with |
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383 | 383 | | requirements of state constitutional or federal law; |
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384 | 384 | | (2) dedications, funds, or accounts that remained |
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385 | 385 | | exempt from former Section 403.094(h), Government Code, at the time |
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386 | 386 | | dedications, accounts, and funds were abolished under that |
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387 | 387 | | provision; |
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388 | 388 | | (3) increases in fees or in other revenue dedicated as |
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389 | 389 | | described by this section; or |
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390 | 390 | | (4) increases in fees or in other revenue required to |
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391 | 391 | | be deposited in a fund or account described by this section. |
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392 | 392 | | SECTION 5.04. FEDERAL FUNDS. Section 5.02 of this Article |
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393 | 393 | | does not apply to funds created under an Act of the 86th |
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394 | 394 | | Legislature, Regular Session, 2019, for which separate accounting |
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395 | 395 | | is required by federal law, except that the funds shall be deposited |
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396 | 396 | | in accounts in the general revenue fund unless otherwise required |
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397 | 397 | | by federal law. |
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398 | 398 | | SECTION 5.05. TRUST FUNDS. Section 5.02 of this Article |
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399 | 399 | | does not apply to trust funds or dedicated revenue deposited to |
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400 | 400 | | trust funds created under an Act of the 86th Legislature, Regular |
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401 | 401 | | Session, 2019, except that the trust funds shall be held in the |
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402 | 402 | | state treasury, with the comptroller in trust, or outside the state |
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403 | 403 | | treasury with the comptroller's approval. |
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404 | 404 | | SECTION 5.06. BOND FUNDS. Section 5.02 of this Article does |
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405 | 405 | | not apply to bond funds and pledged funds created or affected by an |
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406 | 406 | | Act of the 86th Legislature, Regular Session, 2019, except that the |
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407 | 407 | | funds shall be held in the state treasury, with the comptroller in |
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408 | 408 | | trust, or outside the state treasury with the comptroller's |
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409 | 409 | | approval. |
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410 | 410 | | SECTION 5.07. CONSTITUTIONAL FUNDS. Section 5.02 of this |
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411 | 411 | | Act |
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412 | 412 | | does not apply to funds or accounts that would be created or |
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413 | 413 | | re-created by the Texas Constitution or revenue that would be |
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414 | 414 | | dedicated or rededicated by the Texas Constitution under a |
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415 | 415 | | constitutional amendment proposed by the 86th Legislature, Regular |
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416 | 416 | | Session, 2019, or to dedicated revenue deposited to funds or |
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417 | 417 | | accounts that would be so created or re-created, if the |
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418 | 418 | | constitutional amendment is approved by the voters. |
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419 | 419 | | SECTION 5.08. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS. |
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420 | 420 | | Section 5.02 of this Act does not apply to a newly authorized use of |
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421 | 421 | | a dedicated fund or dedicated account as provided by an Act of the |
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422 | 422 | | 86th Legislature, Regular Session, 2019, to the extent: |
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423 | 423 | | (1) the fund or account was exempted from abolition by |
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424 | 424 | | an Act of the legislature that became law before January 1, 2019; |
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425 | 425 | | and |
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426 | 426 | | (2) the newly authorized use is within the scope of the |
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427 | 427 | | original dedication of the fund or account. |
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428 | 428 | | SECTION 5.09. REALLOCATION OF INTEREST ACCRUED ON CERTAIN |
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429 | 429 | | DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956, |
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430 | 430 | | Government Code, is reenacted to read as follows: |
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431 | 431 | | Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN |
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432 | 432 | | DEDICATED REVENUE. Notwithstanding any other law, all interest or |
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433 | 433 | | other earnings that accrue on all revenue held in an account in the |
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434 | 434 | | general revenue fund any part of which Section 403.095 makes |
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435 | 435 | | available for certification under Section 403.121 are available for |
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436 | 436 | | any general governmental purpose, and the comptroller shall deposit |
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437 | 437 | | the interest and earnings to the credit of the general revenue |
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438 | 438 | | fund. This section does not apply to: |
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439 | 439 | | (1) interest or earnings on revenue deposited in |
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440 | 440 | | accordance with Section 51.008, Education Code; |
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441 | 441 | | (2) an account that accrues interest or other earnings |
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442 | 442 | | on deposits of state or federal money the diversion of which is |
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443 | 443 | | specifically excluded by federal law; |
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444 | 444 | | (3) the lifetime license endowment account; |
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445 | 445 | | (4) the game, fish, and water safety account; |
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446 | 446 | | (5) the coastal protection account; |
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447 | 447 | | (6) the Alamo complex account; or |
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448 | 448 | | (7) the artificial reef account. |
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449 | 449 | | SECTION 5.10. AMENDMENT OF SECTION 403.095, GOVERNMENT |
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450 | 450 | | CODE. Effective September 1, 2019, Sections 403.095(b), (d), and |
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451 | 451 | | (f), Government Code, are amended to read as follows: |
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452 | 452 | | (b) Notwithstanding any law dedicating or setting aside |
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453 | 453 | | revenue for a particular purpose or entity, dedicated revenues that |
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454 | 454 | | on August 31, 2021 [2019], are estimated to exceed the amount |
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455 | 455 | | appropriated by the General Appropriations Act or other laws |
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456 | 456 | | enacted by the 86th [85th] Legislature are available for general |
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457 | 457 | | governmental purposes and are considered available for the purpose |
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458 | 458 | | of certification under Section 403.121. |
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459 | 459 | | (d) Following certification of the General Appropriations |
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460 | 460 | | Act and other appropriations measures enacted by the 86th [85th] |
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461 | 461 | | Legislature, the comptroller shall reduce each dedicated account as |
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462 | 462 | | directed by the legislature by an amount that may not exceed the |
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463 | 463 | | amount by which estimated revenues and unobligated balances exceed |
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464 | 464 | | appropriations. The reductions may be made in the amounts and at |
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465 | 465 | | the times necessary for cash flow considerations to allow all the |
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466 | 466 | | dedicated accounts to maintain adequate cash balances to transact |
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467 | 467 | | routine business. The legislature may authorize, in the General |
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468 | 468 | | Appropriations Act, the temporary delay of the excess balance |
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469 | 469 | | reduction required under this subsection. This subsection does not |
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470 | 470 | | apply to revenues or balances in: |
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471 | 471 | | (1) funds outside the treasury; |
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472 | 472 | | (2) trust funds, which for purposes of this section |
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473 | 473 | | include funds that may or are required to be used in whole or in part |
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474 | 474 | | for the acquisition, development, construction, or maintenance of |
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475 | 475 | | state and local government infrastructures, recreational |
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476 | 476 | | facilities, or natural resource conservation facilities; |
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477 | 477 | | (3) funds created by the constitution or a court; or |
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478 | 478 | | (4) funds for which separate accounting is required by |
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479 | 479 | | federal law. |
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480 | 480 | | (f) This section expires September 1, 2021 [2019]. |
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481 | 481 | | SECTION 5.11. AMENDMENT OF SECTION 504.6012, |
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482 | 482 | | TRANSPORTATION CODE. Effective September 1, 2019, Section |
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483 | 483 | | 504.6012, Transportation Code, is amended to read as follows: |
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484 | 484 | | Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS; |
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485 | 485 | | REVENUES IN TRUST. (a) Notwithstanding any other law, not later |
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486 | 486 | | than September 30, 2019 [2015], the comptroller shall eliminate all |
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487 | 487 | | dedicated accounts established for specialty license plates and |
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488 | 488 | | shall set aside the balances of those dedicated accounts so that the |
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489 | 489 | | balances may be appropriated only for the purposes intended as |
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490 | 490 | | provided by the dedications. |
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491 | 491 | | (b) On and after September 1, 2019 [2015], the portion of a |
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492 | 492 | | fee payable that is designated for deposit to a dedicated account |
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493 | 493 | | shall be paid instead to the credit of an account in a trust fund |
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494 | 494 | | created by the comptroller outside the general revenue fund. The |
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495 | 495 | | comptroller shall administer the trust fund and accounts and may |
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496 | 496 | | allocate the corpus and earnings on each account only in accordance |
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497 | 497 | | with the dedications of the revenue deposited to the trust fund |
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498 | 498 | | accounts. |
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499 | 499 | | SECTION 5.10. EFFECT OF ACT. |
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500 | 500 | | (a) This Act prevails over any other Act of the 86th |
---|
501 | 501 | | Legislature, Regular Session, 2019, regardless of the relative |
---|
502 | 502 | | dates of enactment, that purports to create or re-create a special |
---|
503 | 503 | | fund or account or to dedicate or rededicate revenue to a particular |
---|
504 | 504 | | purpose, including any fund, account, or revenue dedication |
---|
505 | 505 | | abolished under former Section 403.094, Government Code. |
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506 | 506 | | (b) An exemption from the application of Section 403.095, |
---|
507 | 507 | | Government Code, contained in another Act of the 86th Legislature, |
---|
508 | 508 | | Regular Session, 2019, that is exempted from the application of |
---|
509 | 509 | | Section 2 of this Act has no effect. |
---|
510 | 510 | | (c) Revenue that, under the terms of another Act of the 86th |
---|
511 | 511 | | Legislature, Regular Session, 2019, would be deposited to the |
---|
512 | 512 | | credit of a special account or fund shall be deposited to the credit |
---|
513 | 513 | | of the undedicated portion of the general revenue fund unless the |
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514 | 514 | | fund, account, or dedication is exempted under this Act. |
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515 | 515 | | ARTICLE 6. EFFECTIVE DATE. |
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516 | 516 | | SECTION 6.01. This Act takes effect immediately if it |
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517 | 517 | | receives a vote of two-thirds of all the members elected to each |
---|
518 | 518 | | house, as provided by Section 39, Article III, Texas Constitution. |
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519 | 519 | | If this Act does not receive the vote necessary for immediate |
---|
520 | 520 | | effect, this Act takes effect on the 91st day after the last day of |
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521 | 521 | | the legislative session. |
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522 | 522 | | |
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523 | 523 | | [Vehicle Weight in Pounds Fee |
---|
524 | 524 | | |
---|
525 | 525 | | [80,001 to 120,000 $150 |
---|
526 | 526 | | |
---|
527 | 527 | | [120,001 to 160,000 $225 |
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528 | 528 | | |
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529 | 529 | | [160,001 to 200,000 $300 |
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530 | 530 | | |
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531 | 531 | | [200,001 and above $375] |
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