H.B. No. 2896
AN ACT
relating to the creation and re-creation of funds and accounts, the
dedication and rededication of revenue and allocation of accrued
interest on dedicated revenue, and the exemption of unappropriated
money from use for general governmental purposes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITION. In any provision of this Act that
does not amend current law, "state agency" means an office,
institution, or other agency that is in the executive or judicial
branch of state government, has authority that is not limited to a
geographical portion of the state, and was created by the
constitution or a statute of this state. The term does not include
an institution of higher education as defined by Section 61.003,
Education Code.
SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
Except as otherwise specifically provided by this Act, all funds
and accounts created or re-created by an Act of the 87th
Legislature, Regular Session, 2021, that becomes law and all
dedications or rededications of revenue collected by a state agency
for a particular purpose by an Act of the 87th Legislature, Regular
Session, 2021, that becomes law are abolished on the later of August
31, 2021, or the date the Act creating or re-creating the fund or
account or dedicating or rededicating revenue takes effect.
SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to:
(1) statutory dedications, funds, and accounts that
were enacted before the 87th Legislature convened to comply with
requirements of state constitutional or federal law;
(2) dedications, funds, or accounts that remained
exempt from former Section 403.094(h), Government Code, at the time
dedications, accounts, and funds were abolished under that
provision;
(3) increases in fees or other revenue dedicated as
described by this section; or
(4) increases in fees or other revenue required to be
deposited in a fund or account described by this section.
SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
apply to funds created under an Act of the 87th Legislature, Regular
Session, 2021, for which separate accounting is required by federal
law, except that the funds shall be deposited in accounts in the
general revenue fund unless otherwise required by federal law.
SECTION 5. TRUST FUNDS. Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds
created under an Act of the 87th Legislature, Regular Session,
2021, except that the trust funds shall be held in the state
treasury, with the comptroller in trust, or outside the state
treasury with the comptroller's approval.
SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the
87th Legislature, Regular Session, 2021, except that the funds
shall be held in the state treasury, with the comptroller in trust,
or outside the state treasury with the comptroller's approval.
SECTION 7. CONSTITUTIONAL DEDICATIONS, FUNDS, AND
ACCOUNTS. Section 2 of this Act does not apply to funds or accounts
that would be created or re-created by the Texas Constitution or
revenue that would be dedicated or rededicated by the Texas
Constitution under a constitutional amendment proposed by the 87th
Legislature, Regular Session, 2021, or to dedicated revenue
deposited to funds or accounts that would be so created or
re-created, if the constitutional amendment is approved by the
voters.
SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.
Section 2 of this Act does not apply to a newly authorized use of
money in a dedicated fund or dedicated account as provided by an Act
of the 87th Legislature, Regular Session, 2021, to the extent:
(1) the fund or account was exempted from abolition by
an Act of the legislature that became law before January 1, 2021;
and
(2) the newly authorized use is within the scope of the
original dedication of the fund or account.
SECTION 9. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of the effective date of the Act creating or re-creating
the specified account or August 31, 2021, the following accounts,
the revenue deposited to the credit of those accounts, and the
revenue dedicated for deposit to the credit of those accounts, are
exempt from Section 2 of this Act and the accounts are created or
re-created in the general revenue fund, if created or re-created by
an Act of the 87th Legislature, Regular Session, 2021, that becomes
law:
(1) the broadband development account created as an
account in the general revenue fund by House Bill No. 5 or similar
legislation;
(2) the Brain Institute of Texas research fund created
as an account in the general revenue fund by House Bill No. 15 or
similar legislation;
(3) an account created in the general revenue fund by
House Bill No. 211 or similar legislation;
(4) the rural veterinarian incentive program account
created as an account in the general revenue fund by House Bill
No. 1259 or similar legislation;
(5) the barbering and cosmetology school tuition
protection account created by House Bill No. 1560 or similar
legislation;
(6) the micro-business recovery fund created as an
account in the general revenue fund by House Bill No. 3271 or
similar legislation;
(7) the consumable hemp products account created as an
account in the general revenue fund by House Bill No. 3948 or
similar legislation;
(8) the Texas youth livestock show fund created as an
account in the general revenue fund by House Bill No. 3959 or
similar legislation;
(9) the Texas music incubator account created as an
account in the general revenue fund by Senate Bill No. 609 or
similar legislation;
(10) the Breeders' Cup Developmental Account created
as an account in the general revenue fund by Senate Bill No. 704 or
similar legislation;
(11) the Bulk Storage Vessel Performance Standards
Program Account created by Senate Bill No. 900 or similar
legislation;
(12) an account created in the general revenue fund by
Senate Bill No. 1137 or similar legislation;
(13) the micro-business disaster recovery fund
created as an account in the general revenue fund by Senate Bill
No. 1465 or similar legislation; and
(14) the opioid abatement account created as an
account in the general revenue fund by Senate Bill No. 1827 or
similar legislation.
SECTION 10. SEPARATE FUNDS. Effective on the later of the
effective date of the Act creating or re-creating the specified
fund or August 31, 2021, the following funds, if created or
re-created by an Act of the 87th Legislature, Regular Session,
2021, the revenue deposited to the funds, and the revenue dedicated
for deposit to the funds, are exempt from Section 2 of this Act, and
the funds are created or re-created as separate funds inside or
outside the state treasury, as specified by the Act creating or
re-creating the fund:
(1) the broadband pole replacement fund created as a
fund in the state treasury by House Bill No. 1505 or similar
legislation;
(2) the state utilities reliability fund created as a
special fund in the state treasury by House Bill No. 2000 or similar
legislation;
(3) the state utilities reliability revenue fund
created as a special fund in the state treasury by House Bill
No. 2000 or similar legislation;
(4) the critical infrastructure resiliency fund
created as a special fund in the state treasury by House Bill
No. 2275 or similar legislation;
(5) the disaster response loan fund created as a fund
outside the state treasury by House Bill No. 2812 or similar
legislation;
(6) the open burn pit registry fund created as a
special fund in the state treasury by House Bill No. 3953, House
Bill No. 3957, or similar legislation;
(7) the technology improvement and modernization fund
created as a special fund in the state treasury by House Bill
No. 4018 or similar legislation;
(8) the broadband development fund created as a
special fund in the state treasury by Senate Bill No. 5 or similar
legislation;
(9) the small business disaster recovery revolving
fund created as a special fund outside the state treasury by Senate
Bill No. 678 or similar legislation;
(10) the horse industry escrow account created as a
trust account outside the state treasury by Senate Bill No. 704 or
similar legislation;
(11) the Texas small and rural community success fund
created as a trust fund outside the state treasury by Senate Bill
No. 1465 or similar legislation; and
(12) the opioid abatement trust fund created as a
trust fund outside the state treasury by Senate Bill No. 1827 or
similar legislation.
SECTION 11. REVENUE DEDICATIONS. Effective on the later of
the effective date of the Act dedicating or rededicating the
specified revenue or August 31, 2021, the following dedications or
rededications of revenue collected for a particular purpose are
exempt from Section 2 of this Act, if dedicated or rededicated by an
Act of the 87th Legislature, Regular Session, 2021:
(1) the dedication of grants and donations to the
state highway fund provided by House Bill No. 1075 or similar
legislation;
(2) the dedication of certain tax revenue to the
specialty court account provided by House Bill No. 1256 or similar
legislation;
(3) the dedication of funds to the anthropogenic
carbon dioxide storage trust fund provided by House Bill No. 1284
or similar legislation;
(4) the dedication of revenue from the fee established
by House Bill No. 1631 or similar legislation to the game, fish, and
water safety account;
(5) the dedication of municipal sales and use tax
revenue provided by House Bill No. 1900 or similar legislation;
(6) the dedication of revenue provided by House Bill
No. 1904 or similar legislation;
(7) the dedication of revenue to the state highway
fund provided by House Bill No. 2577 or similar legislation;
(8) the dedication of revenue to the designated trauma
facility and emergency medical services account provided by House
Bill No. 3514 or similar legislation;
(9) the dedication of revenue to the Motor Vehicle
Crime Prevention Authority provided by House Bill No. 3514 or
similar legislation;
(10) the dedication of revenue to the oil and gas
regulation and cleanup fund provided by House Bill No. 3973 or
similar legislation;
(11) the dedication of revenue to the State Securities
Board provided by House Bill No. 4131 or similar legislation;
(12) the dedication of revenue provided by House Bill
No. 4472 or similar legislation;
(13) the dedication of revenue provided by Senate Bill
No. 41 or similar legislation;
(14) the dedication of revenue to the Texas mobility
fund provided by Senate Bill No. 181 or similar legislation;
(15) the dedication of grants and donations to the
state highway fund provided by Senate Bill No. 633 or similar
legislation;
(16) the dedication of revenue provided by Senate Bill
No. 1263 or similar legislation;
(17) the dedication of revenue to the state highway
fund provided by Senate Bill No. 1728 or similar legislation;
(18) the dedication of revenue from penalties imposed
under Senate Bill No. 2038 or similar legislation to the
freestanding emergency medical care facility licensing fund; and
(19) the dedication of tax revenue provided by Senate
Bill No. 2089 or similar legislation.
SECTION 12. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. (a) This section applies only to an account in
the general revenue fund:
(1) any part of which Section 403.095, Government
Code, makes available for certification under Section 403.121,
Government Code; and
(2) that is created or re-created by an Act of the 87th
Legislature, Regular Session, 2021.
(b) Except as provided by this Act, all interest and other
earnings that accrue on all revenue held in an account in the
general revenue fund are available for any general governmental
purpose.
(c) Except as provided by this Act, the comptroller shall
deposit all interest and other earnings that accrue on all revenue
held in an account in the general revenue fund to the credit of the
general revenue fund.
SECTION 13. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2021, Sections 403.095(b), (d), and (f),
Government Code, are amended to read as follows:
(b) Notwithstanding any law dedicating or setting aside
revenue for a particular purpose or entity, dedicated revenues that
on August 31, 2023 [2021], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 87th [86th] Legislature are available for general
governmental purposes and are considered available for the purpose
of certification under Section 403.121.
(d) Following certification of the General Appropriations
Act and other appropriations measures enacted by the 87th [86th]
Legislature, the comptroller shall reduce each dedicated account as
directed by the legislature by an amount that may not exceed the
amount by which estimated revenues and unobligated balances exceed
appropriations. The reductions may be made in the amounts and at the
times necessary for cash flow considerations to allow all the
dedicated accounts to maintain adequate cash balances to transact
routine business. The legislature may authorize, in the General
Appropriations Act, the temporary delay of the excess balance
reduction required under this subsection. This subsection does not
apply to revenues or balances in:
(1) funds outside the treasury;
(2) trust funds, which for purposes of this section
include funds that may or are required to be used in whole or in part
for the acquisition, development, construction, or maintenance of
state and local government infrastructures, recreational
facilities, or natural resource conservation facilities;
(3) funds created by the constitution or a court; or
(4) funds for which separate accounting is required by
federal law.
(f) This section expires September 1, 2023 [2021].
SECTION 14. AMENDMENT OF SECTION 504.6012, TRANSPORTATION
CODE. Effective September 1, 2021, Section 504.6012,
Transportation Code, is amended to read as follows:
Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
REVENUES IN TRUST. (a) Notwithstanding any other law, not later
than September 30, 2021 [2019], the comptroller shall eliminate all
dedicated accounts established for specialty license plates and
shall set aside the balances of those dedicated accounts so that the
balances may be appropriated only for the purposes intended as
provided by the dedications.
(b) On and after September 1, 2021 [2019], the portion of a
fee payable that is designated for deposit to a dedicated account
shall be paid instead to the credit of an account in a trust fund
created by the comptroller outside the general revenue fund. The
comptroller shall administer the trust fund and accounts and may
allocate the corpus and earnings on each account only in accordance
with the dedications of the revenue deposited to the trust fund
accounts.
SECTION 15. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 87th Legislature, Regular Session, 2021,
regardless of the relative dates of enactment, that purports to
create or re-create a special fund or account or to dedicate or
rededicate revenue to a particular purpose, including any fund,
account, or revenue dedication abolished under former Section
403.094, Government Code.
(b) An exemption from the application of Section 403.095,
Government Code, contained in another Act of the 87th Legislature,
Regular Session, 2021, that is exempted from the application of
Section 2 of this Act has no effect.
(c) Revenue that, under the terms of another Act of the 87th
Legislature, Regular Session, 2021, would be deposited to the
credit of a special account or fund shall be deposited to the credit
of the undedicated portion of the general revenue fund unless the
fund, account, or dedication is exempted under this Act.
(d) This Act prevails over any other Act of the 87th
Legislature, Regular Session, 2021, regardless of the relative
dates of enactment, that purports to allocate interest or other
earnings that accrue on revenue held in an account in the general
revenue fund any part of which Section 403.095, Government Code,
makes available for certification under Section 403.121,
Government Code.
SECTION 16. EFFECTIVE DATE. Except as otherwise provided
by this Act:
(1) this Act takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution;
and
(2) if this Act does not receive the vote necessary for
immediate effect, this Act takes effect on the 91st day after the
last day of the legislative session.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 2896 was passed by the House on April
20, 2021, by the following vote: Yeas 146, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 2896 on May 28, 2021, by the following vote: Yeas 145, Nays 0,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 2896 was passed by the Senate, with
amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor