Texas 2021 - 87th Regular

Texas House Bill HB2896 Compare Versions

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Version 2 (New)

Old	New		Differences
1		-	H.B. No. 2896
	1	+	By: Bonnen (Senate Sponsor - Nelson) H.B. No. 2896
	2	+	(In the Senate - Received from the House April 20, 2021;
	3	+	May 4, 2021, read first time and referred to Committee on Finance;
	4	+	May 21, 2021, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 12, Nays 0; May 21, 2021,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR H.B. No. 2896 By: Nelson
2	9
3	10
	11	+	A BILL TO BE ENTITLED
4	12		AN ACT
5	13		relating to the creation and re-creation of funds and accounts, the
6	14		dedication and rededication of revenue and allocation of accrued
7	15		interest on dedicated revenue, and the exemption of unappropriated
8	16		money from use for general governmental purposes.
9	17		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	18		SECTION 1. DEFINITION. In any provision of this Act that
11	19		does not amend current law, "state agency" means an office,
12	20		institution, or other agency that is in the executive or judicial
13	21		branch of state government, has authority that is not limited to a
14	22		geographical portion of the state, and was created by the
15	23		constitution or a statute of this state. The term does not include
16	24		an institution of higher education as defined by Section 61.003,
17	25		Education Code.
18	26		SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
19	27		Except as otherwise specifically provided by this Act, all funds
20	28		and accounts created or re-created by an Act of the 87th
21	29		Legislature, Regular Session, 2021, that becomes law and all
22	30		dedications or rededications of revenue collected by a state agency
23	31		for a particular purpose by an Act of the 87th Legislature, Regular
24	32		Session, 2021, that becomes law are abolished on the later of August
25	33		31, 2021, or the date the Act creating or re-creating the fund or
26	34		account or dedicating or rededicating revenue takes effect.
27	35		SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
28	36		ACCOUNTS. Section 2 of this Act does not apply to:
29	37		(1) statutory dedications, funds, and accounts that
30	38		were enacted before the 87th Legislature convened to comply with
31	39		requirements of state constitutional or federal law;
32	40		(2) dedications, funds, or accounts that remained
33	41		exempt from former Section 403.094(h), Government Code, at the time
34	42		dedications, accounts, and funds were abolished under that
35	43		provision;
36	44		(3) increases in fees or other revenue dedicated as
37	45		described by this section; or
38	46		(4) increases in fees or other revenue required to be
39	47		deposited in a fund or account described by this section.
40	48		SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
41	49		apply to funds created under an Act of the 87th Legislature, Regular
42	50		Session, 2021, for which separate accounting is required by federal
43	51		law, except that the funds shall be deposited in accounts in the
44	52		general revenue fund unless otherwise required by federal law.
45	53		SECTION 5. TRUST FUNDS. Section 2 of this Act does not
46	54		apply to trust funds or dedicated revenue deposited to trust funds
47	55		created under an Act of the 87th Legislature, Regular Session,
48	56		2021, except that the trust funds shall be held in the state
49	57		treasury, with the comptroller in trust, or outside the state
50	58		treasury with the comptroller's approval.
51	59		SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
52	60		to bond funds and pledged funds created or affected by an Act of the
53	61		87th Legislature, Regular Session, 2021, except that the funds
54	62		shall be held in the state treasury, with the comptroller in trust,
55	63		or outside the state treasury with the comptroller's approval.
56	64		SECTION 7. CONSTITUTIONAL DEDICATIONS, FUNDS, AND
57	65		ACCOUNTS. Section 2 of this Act does not apply to funds or accounts
58	66		that would be created or re-created by the Texas Constitution or
59	67		revenue that would be dedicated or rededicated by the Texas
60	68		Constitution under a constitutional amendment proposed by the 87th
61	69		Legislature, Regular Session, 2021, or to dedicated revenue
62	70		deposited to funds or accounts that would be so created or
63	71		re-created, if the constitutional amendment is approved by the
64	72		voters.
65	73		SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.
66	74		Section 2 of this Act does not apply to a newly authorized use of
67	75		money in a dedicated fund or dedicated account as provided by an Act
68	76		of the 87th Legislature, Regular Session, 2021, to the extent:
69	77		(1) the fund or account was exempted from abolition by
70	78		an Act of the legislature that became law before January 1, 2021;
71	79		and
72	80		(2) the newly authorized use is within the scope of the
73	81		original dedication of the fund or account.
74	82		SECTION 9. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
75	83		the later of the effective date of the Act creating or re-creating
76	84		the specified account or August 31, 2021, the following accounts,
77	85		the revenue deposited to the credit of those accounts, and the
78	86		revenue dedicated for deposit to the credit of those accounts, are
79	87		exempt from Section 2 of this Act and the accounts are created or
80	88		re-created in the general revenue fund, if created or re-created by
81	89		an Act of the 87th Legislature, Regular Session, 2021, that becomes
82	90		law:
83	91		(1) the broadband development account created as an
84	92		account in the general revenue fund by House Bill No. 5 or similar
85	93		legislation;
86	94		(2) the Brain Institute of Texas research fund created
87	95		as an account in the general revenue fund by House Bill No. 15 or
88	96		similar legislation;
89	97		(3) an account created in the general revenue fund by
90	98		House Bill No. 211 or similar legislation;
91	99		(4) the rural veterinarian incentive program account
92	100		created as an account in the general revenue fund by House Bill
93	101		No. 1259 or similar legislation;
94	102		(5) the barbering and cosmetology school tuition
95	103		protection account created by House Bill No. 1560 or similar
96	104		legislation;
97	105		(6) the micro-business recovery fund created as an
98	106		account in the general revenue fund by House Bill No. 3271 or
99	107		similar legislation;
100	108		(7) the consumable hemp products account created as an
101	109		account in the general revenue fund by House Bill No. 3948 or
102	110		similar legislation;
103	111		(8) the Texas youth livestock show fund created as an
104	112		account in the general revenue fund by House Bill No. 3959 or
105	113		similar legislation;
106	114		(9) the Texas music incubator account created as an
107	115		account in the general revenue fund by Senate Bill No. 609 or
108	116		similar legislation;
109	117		(10) the Breeders' Cup Developmental Account created
110	118		as an account in the general revenue fund by Senate Bill No. 704 or
111	119		similar legislation;
112	120		(11) the Bulk Storage Vessel Performance Standards
113	121		Program Account created by Senate Bill No. 900 or similar
114	122		legislation;
115	123		(12) an account created in the general revenue fund by
116	124		Senate Bill No. 1137 or similar legislation;
117	125		(13) the micro-business disaster recovery fund
118	126		created as an account in the general revenue fund by Senate Bill
119	127		No. 1465 or similar legislation; and
120	128		(14) the opioid abatement account created as an
121	129		account in the general revenue fund by Senate Bill No. 1827 or
122	130		similar legislation.
123	131		SECTION 10. SEPARATE FUNDS. Effective on the later of the
124	132		effective date of the Act creating or re-creating the specified
125	133		fund or August 31, 2021, the following funds, if created or
126	134		re-created by an Act of the 87th Legislature, Regular Session,
127	135		2021, the revenue deposited to the funds, and the revenue dedicated
128	136		for deposit to the funds, are exempt from Section 2 of this Act, and
129	137		the funds are created or re-created as separate funds inside or
130	138		outside the state treasury, as specified by the Act creating or
131	139		re-creating the fund:
132	140		(1) the broadband pole replacement fund created as a
133	141		fund in the state treasury by House Bill No. 1505 or similar
134	142		legislation;
135	143		(2) the state utilities reliability fund created as a
136	144		special fund in the state treasury by House Bill No. 2000 or similar
137	145		legislation;
138	146		(3) the state utilities reliability revenue fund
139	147		created as a special fund in the state treasury by House Bill
140	148		No. 2000 or similar legislation;
141	149		(4) the critical infrastructure resiliency fund
142	150		created as a special fund in the state treasury by House Bill
143	151		No. 2275 or similar legislation;
144	152		(5) the disaster response loan fund created as a fund
145	153		outside the state treasury by House Bill No. 2812 or similar
146	154		legislation;
147	155		(6) the open burn pit registry fund created as a
148	156		special fund in the state treasury by House Bill No. 3953, House
149	157		Bill No. 3957, or similar legislation;
150	158		(7) the technology improvement and modernization fund
151	159		created as a special fund in the state treasury by House Bill
152	160		No. 4018 or similar legislation;
153	161		(8) the broadband development fund created as a
154	162		special fund in the state treasury by Senate Bill No. 5 or similar
155	163		legislation;
156	164		(9) the small business disaster recovery revolving
157	165		fund created as a special fund outside the state treasury by Senate
158	166		Bill No. 678 or similar legislation;
159	167		(10) the horse industry escrow account created as a
160	168		trust account outside the state treasury by Senate Bill No. 704 or
161	169		similar legislation;
162	170		(11) the Texas small and rural community success fund
163	171		created as a trust fund outside the state treasury by Senate Bill
164	172		No. 1465 or similar legislation; and
165	173		(12) the opioid abatement trust fund created as a
166	174		trust fund outside the state treasury by Senate Bill No. 1827 or
167	175		similar legislation.
168	176		SECTION 11. REVENUE DEDICATIONS. Effective on the later of
169	177		the effective date of the Act dedicating or rededicating the
170	178		specified revenue or August 31, 2021, the following dedications or
171	179		rededications of revenue collected for a particular purpose are
172	180		exempt from Section 2 of this Act, if dedicated or rededicated by an
173	181		Act of the 87th Legislature, Regular Session, 2021:
174	182		(1) the dedication of grants and donations to the
175	183		state highway fund provided by House Bill No. 1075 or similar
176	184		legislation;
177	185		(2) the dedication of certain tax revenue to the
178	186		specialty court account provided by House Bill No. 1256 or similar
179	187		legislation;
180	188		(3) the dedication of funds to the anthropogenic
181	189		carbon dioxide storage trust fund provided by House Bill No. 1284
182	190		or similar legislation;
183	191		(4) the dedication of revenue from the fee established
184	192		by House Bill No. 1631 or similar legislation to the game, fish, and
185	193		water safety account;
186	194		(5) the dedication of municipal sales and use tax
187	195		revenue provided by House Bill No. 1900 or similar legislation;
188	196		(6) the dedication of revenue provided by House Bill
189	197		No. 1904 or similar legislation;
190	198		(7) the dedication of revenue to the state highway
191	199		fund provided by House Bill No. 2577 or similar legislation;
192	200		(8) the dedication of revenue to the designated trauma
193	201		facility and emergency medical services account provided by House
194	202		Bill No. 3514 or similar legislation;
195	203		(9) the dedication of revenue to the Motor Vehicle
196	204		Crime Prevention Authority provided by House Bill No. 3514 or
197	205		similar legislation;
198	206		(10) the dedication of revenue to the oil and gas
199	207		regulation and cleanup fund provided by House Bill No. 3973 or
200	208		similar legislation;
201	209		(11) the dedication of revenue to the State Securities
202	210		Board provided by House Bill No. 4131 or similar legislation;
203	211		(12) the dedication of revenue provided by House Bill
204	212		No. 4472 or similar legislation;
205	213		(13) the dedication of revenue provided by Senate Bill
206	214		No. 41 or similar legislation;
207	215		(14) the dedication of revenue to the Texas mobility
208	216		fund provided by Senate Bill No. 181 or similar legislation;
209	217		(15) the dedication of grants and donations to the
210	218		state highway fund provided by Senate Bill No. 633 or similar
211	219		legislation;
212	220		(16) the dedication of revenue provided by Senate Bill
213	221		No. 1263 or similar legislation;
214	222		(17) the dedication of revenue to the state highway
215	223		fund provided by Senate Bill No. 1728 or similar legislation;
216	224		(18) the dedication of revenue from penalties imposed
217	225		under Senate Bill No. 2038 or similar legislation to the
218	226		freestanding emergency medical care facility licensing fund; and
219	227		(19) the dedication of tax revenue provided by Senate
220	228		Bill No. 2089 or similar legislation.
221	229		SECTION 12. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
222	230		DEDICATED REVENUE. (a) This section applies only to an account in
223	231		the general revenue fund:
224	232		(1) any part of which Section 403.095, Government
225	233		Code, makes available for certification under Section 403.121,
226	234		Government Code; and
227	235		(2) that is created or re-created by an Act of the 87th
228	236		Legislature, Regular Session, 2021.
229	237		(b) Except as provided by this Act, all interest and other
230	238		earnings that accrue on all revenue held in an account in the
231	239		general revenue fund are available for any general governmental
232	240		purpose.
233	241		(c) Except as provided by this Act, the comptroller shall
234	242		deposit all interest and other earnings that accrue on all revenue
235	243		held in an account in the general revenue fund to the credit of the
236	244		general revenue fund.
237	245		SECTION 13. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
238	246		Effective September 1, 2021, Sections 403.095(b), (d), and (f),
239	247		Government Code, are amended to read as follows:
240	248		(b) Notwithstanding any law dedicating or setting aside
241	249		revenue for a particular purpose or entity, dedicated revenues that
242	250		on August 31, 2023 [2021], are estimated to exceed the amount
243	251		appropriated by the General Appropriations Act or other laws
244	252		enacted by the 87th [86th] Legislature are available for general
245	253		governmental purposes and are considered available for the purpose
246	254		of certification under Section 403.121.
247	255		(d) Following certification of the General Appropriations
248	256		Act and other appropriations measures enacted by the 87th [86th]
249	257		Legislature, the comptroller shall reduce each dedicated account as
250	258		directed by the legislature by an amount that may not exceed the
251	259		amount by which estimated revenues and unobligated balances exceed
252	260		appropriations. The reductions may be made in the amounts and at the
253	261		times necessary for cash flow considerations to allow all the
254	262		dedicated accounts to maintain adequate cash balances to transact
255	263		routine business. The legislature may authorize, in the General
256	264		Appropriations Act, the temporary delay of the excess balance
257	265		reduction required under this subsection. This subsection does not
258	266		apply to revenues or balances in:
259	267		(1) funds outside the treasury;
260	268		(2) trust funds, which for purposes of this section
261	269		include funds that may or are required to be used in whole or in part
262	270		for the acquisition, development, construction, or maintenance of
263	271		state and local government infrastructures, recreational
264	272		facilities, or natural resource conservation facilities;
265	273		(3) funds created by the constitution or a court; or
266	274		(4) funds for which separate accounting is required by
267	275		federal law.
268	276		(f) This section expires September 1, 2023 [2021].
269	277		SECTION 14. AMENDMENT OF SECTION 504.6012, TRANSPORTATION
270	278		CODE. Effective September 1, 2021, Section 504.6012,
271	279		Transportation Code, is amended to read as follows:
272	280		Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
273	281		REVENUES IN TRUST. (a) Notwithstanding any other law, not later
274	282		than September 30, 2021 [2019], the comptroller shall eliminate all
275	283		dedicated accounts established for specialty license plates and
276	284		shall set aside the balances of those dedicated accounts so that the
277	285		balances may be appropriated only for the purposes intended as
278	286		provided by the dedications.
279	287		(b) On and after September 1, 2021 [2019], the portion of a
280	288		fee payable that is designated for deposit to a dedicated account
281	289		shall be paid instead to the credit of an account in a trust fund
282	290		created by the comptroller outside the general revenue fund. The
283	291		comptroller shall administer the trust fund and accounts and may
284	292		allocate the corpus and earnings on each account only in accordance
285	293		with the dedications of the revenue deposited to the trust fund
286	294		accounts.
287	295		SECTION 15. EFFECT OF ACT. (a) This Act prevails over any
288	296		other Act of the 87th Legislature, Regular Session, 2021,
289	297		regardless of the relative dates of enactment, that purports to
290	298		create or re-create a special fund or account or to dedicate or
291	299		rededicate revenue to a particular purpose, including any fund,
292	300		account, or revenue dedication abolished under former Section
293	301		403.094, Government Code.
294	302		(b) An exemption from the application of Section 403.095,
295	303		Government Code, contained in another Act of the 87th Legislature,
296	304		Regular Session, 2021, that is exempted from the application of
297	305		Section 2 of this Act has no effect.
298	306		(c) Revenue that, under the terms of another Act of the 87th
299	307		Legislature, Regular Session, 2021, would be deposited to the
300	308		credit of a special account or fund shall be deposited to the credit
301	309		of the undedicated portion of the general revenue fund unless the
302	310		fund, account, or dedication is exempted under this Act.
303	311		(d) This Act prevails over any other Act of the 87th
304	312		Legislature, Regular Session, 2021, regardless of the relative
305	313		dates of enactment, that purports to allocate interest or other
306	314		earnings that accrue on revenue held in an account in the general
307	315		revenue fund any part of which Section 403.095, Government Code,
308	316		makes available for certification under Section 403.121,
309	317		Government Code.
310	318		SECTION 16. EFFECTIVE DATE. Except as otherwise provided
311	319		by this Act:
312	320		(1) this Act takes effect immediately if this Act
313	321		receives a vote of two-thirds of all the members elected to each
314	322		house, as provided by Section 39, Article III, Texas Constitution;
315	323		and
316	324		(2) if this Act does not receive the vote necessary for
317	325		immediate effect, this Act takes effect on the 91st day after the
318	326		last day of the legislative session.
319		-	______________________________ ______________________________
320		-	President of the Senate Speaker of the House
321		-	I certify that H.B. No. 2896 was passed by the House on April
322		-	20, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
323		-	voting; and that the House concurred in Senate amendments to H.B.
324		-	No. 2896 on May 28, 2021, by the following vote: Yeas 145, Nays 0,
325		-	2 present, not voting.
326		-	______________________________
327		-	Chief Clerk of the House
328		-	I certify that H.B. No. 2896 was passed by the Senate, with
329		-	amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
330		-	0.
331		-	______________________________
332		-	Secretary of the Senate
333		-	APPROVED: __________________
334		-	Date
335		-	__________________
336		-	Governor
	327	+	* * * * *