Texas 2023 - 88th Regular

Texas House Bill HB3461 Compare Versions

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1	1	H.B. No. 3461
2	2
3	3
4	4	AN ACT
5	5	relating to the creation and re-creation of funds and accounts, the
6	6	dedication and rededication of revenue and allocation of accrued
7	7	interest on dedicated revenue, and the exemption of unappropriated
8	8	money from use for general governmental purposes.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. DEFINITION. In any provision of this Act that
11	11	does not amend current law, "state agency" means an office,
12	12	institution, or other agency that is in the executive or judicial
13	13	branch of state government, has authority that is not limited to a
14	14	geographical portion of the state, and was created by the
15	15	constitution or a statute of this state. The term does not include
16	16	an institution of higher education as defined by Section 61.003,
17	17	Education Code.
18	18	SECTION 2. ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
19	19	Except as otherwise specifically provided by this Act, all funds
20	20	and accounts created or re-created by an Act of the 88th
21	21	Legislature, Regular Session, 2023, that becomes law and all
22	22	dedications or rededications of revenue collected by a state agency
23	23	for a particular purpose by an Act of the 88th Legislature, Regular
24	24	Session, 2023, that becomes law are abolished on the later of August
25	25	31, 2023, or the date the Act creating or re-creating the fund or
26	26	account or dedicating or rededicating revenue takes effect.
27	27	SECTION 3. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
28	28	ACCOUNTS. Section 2 of this Act does not apply to:
29	29	(1) statutory dedications, funds, and accounts that
30	30	were enacted before the 88th Legislature convened to comply with
31	31	requirements of state constitutional or federal law;
32	32	(2) dedications, funds, or accounts that remained
33	33	exempt from former Section 403.094(h), Government Code, at the time
34	34	dedications, accounts, and funds were abolished under that
35	35	provision;
36	36	(3) increases in fees or other revenue dedicated as
37	37	described by this section; or
38	38	(4) increases in fees or other revenue required to be
39	39	deposited in a fund or account described by this section.
40	40	SECTION 4. FEDERAL FUNDS. Section 2 of this Act does not
41	41	apply to funds created under an Act of the 88th Legislature, Regular
42	42	Session, 2023, for which separate accounting is required by federal
43	43	law, except that the funds shall be deposited in accounts in the
44	44	general revenue fund unless otherwise required by federal law.
45	45	SECTION 5. TRUST FUNDS. Section 2 of this Act does not
46	46	apply to trust funds or dedicated revenue deposited to trust funds
47	47	created under an Act of the 88th Legislature, Regular Session,
48	48	2023, except that the trust funds shall be held in the state
49	49	treasury, with the comptroller in trust, or outside the state
50	50	treasury with the comptroller's approval.
51	51	SECTION 6. BOND FUNDS. Section 2 of this Act does not apply
52	52	to bond funds and pledged funds created or affected by an Act of the
53	53	88th Legislature, Regular Session, 2023, except that the funds
54	54	shall be held in the state treasury, with the comptroller in trust,
55	55	or outside the state treasury with the comptroller's approval.
56	56	SECTION 7. CONSTITUTIONAL DEDICATIONS, FUNDS, AND
57	57	ACCOUNTS. Section 2 of this Act does not apply to funds or accounts
58	58	that would be created or re-created by the Texas Constitution or
59	59	revenue that would be dedicated or rededicated by the Texas
60	60	Constitution under a constitutional amendment proposed by the 88th
61	61	Legislature, Regular Session, 2023, or to dedicated revenue
62	62	deposited to funds or accounts that would be so created or
63	63	re-created, if the constitutional amendment is approved by the
64	64	voters.
65	65	SECTION 8. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.
66	66	Section 2 of this Act does not apply to a newly authorized use of
67	67	money in a dedicated fund or dedicated account as provided by an Act
68	68	of the 88th Legislature, Regular Session, 2023, to the extent:
69	69	(1) the fund or account was exempted from abolition by
70	70	an Act of the legislature that became law before January 1, 2023;
71	71	and
72	72	(2) the newly authorized use is within the scope of the
73	73	original dedication of the fund or account.
74	74	SECTION 9. SEPARATE FUNDS. Effective on the later of the
75	75	effective date of the Act creating or re-creating the specified
76	76	fund or August 31, 2023, the following funds, if created or
77	77	re-created by an Act of the 88th Legislature, Regular Session,
78	78	2023, the revenue deposited to the funds and the revenue dedicated
79	79	for deposit to the funds are exempt from Section 2 of this Act, and
80	80	the funds are created or re-created as separate funds inside or
81	81	outside the state treasury, as specified by the Act creating or
82	82	re-creating the fund:
83	83	(1) the open burn pit registry fund created as a fund
84	84	in the state treasury by House Bill No. 1315 or similar
85	85	legislation;
86	86	(2) the Texas Historical Commission retail operations
87	87	fund created as a fund outside the state treasury by House Bill
88	88	No. 2719 or similar legislation;
89	89	(3) the leaking water wells fund created as a fund in
90	90	the state treasury by House Bill No. 4256 or similar legislation;
91	91	(4) the new water supply for Texas fund created as a
92	92	fund in the state treasury by Senate Bill No. 28 or similar
93	93	legislation;
94	94	(5) the Texas state buildings preservation endowment
95	95	fund created as a fund outside the state treasury by Senate Bill
96	96	No. 1333 or similar legislation;
97	97	(6) the Iwo Jima monument and museum fund created as a
98	98	fund outside the state treasury by Senate Bill No. 2057 or similar
99	99	legislation; and
100	100	(7) the Texas energy fund created as a fund in the
101	101	state treasury by Senate Bill No. 2627 or similar legislation.
102	102	SECTION 10. REVENUE DEDICATIONS. Effective on the later of
103	103	the effective date of the Act dedicating or rededicating the
104	104	specified revenue or August 31, 2023, the following dedications or
105	105	rededications of revenue collected for a particular purpose are
106	106	exempt from Section 2 of this Act, if dedicated or rededicated by an
107	107	Act of the 88th Legislature, Regular Session, 2023:
108	108	(1) the dedication of penalty revenue to the
109	109	foundation school fund provided by House Bill No. 5 or similar
110	110	legislation;
111	111	(2) the dedication of driver's license fees to the
112	112	Texas mobility fund provided by House Bill No. 842 or similar
113	113	legislation;
114	114	(3) the dedication of revenue provided by House Bill
115	115	No. 1613 or similar legislation;
116	116	(4) the dedication of fee revenue to the public
117	117	assurance account provided by House Bill No. 1998 or similar
118	118	legislation;
119	119	(5) the dedication of boater education program and
120	120	exam fees to the game, fish, and water safety account provided by
121	121	House Bill No. 2755 or similar legislation;
122	122	(6) the dedication of revenue provided by House Bill
123	123	No. 3290 or similar legislation;
124	124	(7) the dedication of revenue provided by House Bill
125	125	No. 3297 or similar legislation;
126	126	(8) the dedication of revenue provided by House Bill
127	127	No. 3345 or similar legislation;
128	128	(9) the dedication of revenue to the law enforcement
129	129	officer standards and education fund account provided by House Bill
130	130	No. 3539 or similar legislation;
131	131	(10) the dedication of revenue provided by House Bill
132	132	No. 3582 or similar legislation;
133	133	(11) the dedication of revenue to the general revenue
134	134	fund and the hotel occupancy tax for economic development account
135	135	provided by House Bill No. 3727 or similar legislation;
136	136	(12) the dedication of rail safety fees to the state
137	137	highway fund provided by House Bill No. 4015 or similar
138	138	legislation;
139	139	(13) the dedication of revenue to the game, fish, and
140	140	water safety account and the state parks account provided by House
141	141	Bill No. 4018 or similar legislation;
142	142	(14) the dedication of revenue to the Texas Department
143	143	of Insurance operating account provided by House Bill No. 4498 or
144	144	similar legislation;
145	145	(15) the dedication of revenue provided by House Bill
146	146	No. 4635 or similar legislation;
147	147	(16) the dedication of revenue to the Texas Department
148	148	of Motor Vehicles fund and the general revenue fund provided by
149	149	House Bill No. 5225 or similar legislation;
150	150	(17) the dedication of revenue to the state highway
151	151	fund provided by House Bill No. 5342 or similar legislation;
152	152	(18) the dedication of revenue to the state highway
153	153	fund provided by Senate Bill No. 505 or similar legislation;
154	154	(19) the dedication of unclaimed property deposits to
155	155	the judicial fund provided by Senate Bill No. 658 or similar
156	156	legislation;
157	157	(20) the dedication of revenue to the game, fish, and
158	158	water safety account provided by Senate Bill No. 1032 or similar
159	159	legislation;
160	160	(21) the dedication of revenue to the Texas physician
161	161	health program account provided by Senate Bill No. 1086 or similar
162	162	legislation;
163	163	(22) the dedication of revenue to the general revenue
164	164	fund and the hotel occupancy tax for economic development account
165	165	provided by Senate Bill No. 1167 or similar legislation;
166	166	(23) the dedication of revenue to the general revenue
167	167	fund and the hotel occupancy tax for economic development account
168	168	provided by Senate Bill No. 1420 or similar legislation; and
169	169	(24) the dedication of revenue as provided by Senate
170	170	Bill No. 2102 or similar legislation.
171	171	SECTION 11. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
172	172	DEDICATED REVENUE. (a) This section applies only to an account in
173	173	the general revenue fund:
174	174	(1) any part of which Section 403.095, Government
175	175	Code, makes available for certification under Section 403.121,
176	176	Government Code; and
177	177	(2) that is created or re-created by an Act of the 88th
178	178	Legislature, Regular Session, 2023.
179	179	(b) Except as provided by this Act, all interest and other
180	180	earnings that accrue on all revenue held in an account in the
181	181	general revenue fund are available for any general governmental
182	182	purpose.
183	183	(c) Except as provided by this Act, the comptroller shall
184	184	deposit all interest and other earnings that accrue on all revenue
185	185	held in an account in the general revenue fund to the credit of the
186	186	general revenue fund.
187	187	SECTION 12. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
188	188	Effective September 1, 2023, Sections 403.095(b), (d), and (f),
189	189	Government Code, are amended to read as follows:
190	190	(b) Notwithstanding any law dedicating or setting aside
191	191	revenue for a particular purpose or entity, dedicated revenues that
192	192	on August 31, 2025 [2023], are estimated to exceed the amount
193	193	appropriated by the General Appropriations Act or other laws
194	194	enacted by the 88th [87th] Legislature are available for general
195	195	governmental purposes and are considered available for the purpose
196	196	of certification under Section 403.121.
197	197	(d) Following certification of the General Appropriations
198	198	Act and other appropriations measures enacted by the 88th [87th]
199	199	Legislature, the comptroller shall reduce each dedicated account as
200	200	directed by the legislature by an amount that may not exceed the
201	201	amount by which estimated revenues and unobligated balances exceed
202	202	appropriations. The reductions may be made in the amounts and at the
203	203	times necessary for cash flow considerations to allow all the
204	204	dedicated accounts to maintain adequate cash balances to transact
205	205	routine business. The legislature may authorize, in the General
206	206	Appropriations Act, the temporary delay of the excess balance
207	207	reduction required under this subsection. This subsection does not
208	208	apply to revenues or balances in:
209	209	(1) funds outside the treasury;
210	210	(2) trust funds, which for purposes of this section
211	211	include funds that may or are required to be used in whole or in part
212	212	for the acquisition, development, construction, or maintenance of
213	213	state and local government infrastructures, recreational
214	214	facilities, or natural resource conservation facilities;
215	215	(3) funds created by the constitution or a court; or
216	216	(4) funds for which separate accounting is required by
217	217	federal law.
218	218	(f) This section expires September 1, 2025 [2023].
219	219	SECTION 13. AMENDMENT OF SECTION 403.0956, GOVERNMENT CODE.
220	220	Effective September 1, 2023, Section 403.0956, Government Code, is
221	221	amended to read as follows:
222	222	Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
223	223	DEDICATED REVENUE. Notwithstanding any other law, all interest or
224	224	other earnings that accrue on all revenue held in an account in the
225	225	general revenue fund any part of which Section 403.095 makes
226	226	available for certification under Section 403.121 are available for
227	227	any general governmental purpose, and the comptroller shall deposit
228	228	the interest and earnings to the credit of the general revenue fund.
229	229	This section does not apply to:
230	230	(1) interest or earnings on revenue deposited in
231	231	accordance with Section 51.008, Education Code;
232	232	(2) an account that accrues interest or other earnings
233	233	on deposits of state or federal money the diversion of which is
234	234	specifically excluded by federal law;
235	235	(3) the lifetime license endowment account;
236	236	(4) the game, fish, and water safety account;
237	237	(5) the coastal protection account;
238	238	(6) the Alamo complex account; [or]
239	239	(7) the artificial reef account;
240	240	(8) the sexual assault program fund; or
241	241	(9) the deferred maintenance fund account.
242	242	SECTION 14. AMENDMENT OF SECTION 420.008, GOVERNMENT CODE.
243	243	Effective September 1, 2023, Section 420.008(b), Government Code,
244	244	is amended to read as follows:
245	245	(b) The fund consists of:
246	246	(1) fees and fines collected under:
247	247	(A) Article 42A.653(a), Code of Criminal
248	248	Procedure;
249	249	(B) Section 508.189, Government Code; and
250	250	(C) Subchapter B, Chapter 102, Business &
251	251	Commerce Code, and deposited under Section 102.054 of that code;
252	252	[and]
253	253	(2) administrative penalties collected under Section
254	254	51.258, Education Code; and
255	255	(3) interest and other earnings on money in the fund.
256	256	SECTION 15. AMENDMENT OF SECTION 2165.403, GOVERNMENT CODE.
257	257	Effective September 1, 2023, Section 2165.403(b), Government Code,
258	258	is amended to read as follows:
259	259	(b) The fund consists of money appropriated, credited, or
260	260	transferred to the fund by or at the direction of the legislature,
261	261	including interest and other earnings on money in the fund.
262	262	SECTION 16. AMENDMENT OF SECTION 361.014, HEALTH AND SAFETY
263	263	CODE. Effective September 1, 2023, Section 361.014(d), Health and
264	264	Safety Code, is amended to read as follows:
265	265	(d) Revenues allocated to the commission for the purposes
266	266	authorized by Subsection (a) or (b) shall be deposited to the credit
267	267	of the waste management account. [Revenues allocated to local and
268	268	regional solid waste projects shall be deposited to the credit of an
269	269	account in the general revenue fund known as the municipal solid
270	270	waste disposal account.]
271	271	SECTION 17. AMENDMENT OF SECTION 504.6012, TRANSPORTATION
272	272	CODE. Effective September 1, 2023, Section 504.6012,
273	273	Transportation Code, is amended to read as follows:
274	274	Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
275	275	REVENUES IN TRUST. (a) Notwithstanding any other law, not later
276	276	than September 30, 2023 [2021], the comptroller shall eliminate all
277	277	dedicated accounts established for specialty license plates and
278	278	shall set aside the balances of those dedicated accounts so that the
279	279	balances may be appropriated only for the purposes intended as
280	280	provided by the dedications.
281	281	(b) On and after September 1, 2023 [2021], the portion of a
282	282	fee payable that is designated for deposit to a dedicated account
283	283	shall be paid instead to the credit of an account in a trust fund
284	284	created by the comptroller outside the general revenue fund. The
285	285	comptroller shall administer the trust fund and accounts and may
286	286	allocate the corpus and earnings on each account only in accordance
287	287	with the dedications of the revenue deposited to the trust fund
288	288	accounts.
289	289	SECTION 18. ABOLISHMENT OF SOLID WASTE DISPOSAL FEES
290	290	ACCOUNT. Effective September 1, 2023, the solid waste disposal
291	291	fees account no. 5000 is abolished and the obligations of and
292	292	unobligated account balances in the account are transferred to the
293	293	waste management account no. 0549.
294	294	SECTION 19. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
295	295	the later of the effective date of the Act creating or re-creating
296	296	the specified account or August 31, 2023, the following accounts,
297	297	the revenue deposited to the credit of those accounts, and the
298	298	revenue dedicated for deposit to the credit of those accounts are
299	299	exempt from Section 2 of this Act and the accounts are created or
300	300	re-created in the general revenue fund, if created or re-created by
301	301	an Act of the 88th Legislature, Regular Session, 2023, that becomes
302	302	law:
303	303	(1) the Lone Star Workforce of the Future Fund created
304	304	as an account in the general revenue fund by House Bill No. 1755 or
305	305	similar legislation;
306	306	(2) the gulf coast protection account created as an
307	307	account in the general revenue fund by House Bill No. 2416 or
308	308	similar legislation;
309	309	(3) the accounts created as accounts in the general
310	310	revenue fund by House Bill No. 3323 or similar legislation;
311	311	(4) the program fund created as an account in the
312	312	general revenue fund by House Bill No. 3771 or similar legislation;
313	313	(5) the accounts created in the general revenue fund
314	314	by House Bill No. 4772 or similar legislation;
315	315	(6) the Texas Semiconductor Innovation Fund created as
316	316	an account in the general revenue fund by House Bill No. 5174 or
317	317	similar legislation;
318	318	(7) the program fund created as an account in the
319	319	general revenue fund by Senate Bill No. 8 or similar legislation;
320	320	(8) the statewide water public awareness account
321	321	created as an account in the general revenue fund by Senate Bill
322	322	No. 28 or similar legislation;
323	323	(9) the renewable energy generation facility cleanup
324	324	fund created as an account in the general revenue fund by Senate
325	325	Bill No. 624 or similar legislation; and
326	326	(10) the port access account fund created as an
327	327	account in the general revenue fund by Senate Bill No. 1499 or
328	328	similar legislation.
329	329	SECTION 20. EFFECT OF ACT. (a) This Act prevails over any
330	330	other Act of the 88th Legislature, Regular Session, 2023,
331	331	regardless of the relative dates of enactment, that purports to
332	332	create or re-create a special fund or account or to dedicate or
333	333	rededicate revenue to a particular purpose, including any fund,
334	334	account, or revenue dedication abolished under former Section
335	335	403.094, Government Code.
336	336	(b) An exemption from the application of Section 403.095,
337	337	Government Code, contained in another Act of the 88th Legislature,
338	338	Regular Session, 2023, that is exempted from the application of
339	339	Section 2 of this Act has no effect.
340	340	(c) Revenue that, under the terms of another Act of the 88th
341	341	Legislature, Regular Session, 2023, would be deposited to the
342	342	credit of a special account or fund shall be deposited to the credit
343	343	of the undedicated portion of the general revenue fund unless the
344	344	fund, account, or dedication is exempted under this Act.
345	345	(d) This Act prevails over any other Act of the 88th
346	346	Legislature, Regular Session, 2023, regardless of the relative
347	347	dates of enactment, that purports to allocate interest or other
348	348	earnings that accrue on revenue held in an account in the general
349	349	revenue fund any part of which Section 403.095, Government Code,
350	350	makes available for certification under Section 403.121,
351	351	Government Code.
352	352	SECTION 21. EFFECTIVE DATE. Except as otherwise provided
353	353	by this Act:
354	354	(1) this Act takes effect immediately if this Act
355	355	receives a vote of two-thirds of all the members elected to each
356	356	house, as provided by Section 39, Article III, Texas Constitution;
357	357	and
358	358	(2) if this Act does not receive the vote necessary for
359	359	immediate effect, this Act takes effect on the 91st day after the
360	360	last day of the legislative session.
361	361	______________________________ ______________________________
362	362	President of the Senate Speaker of the House
363	363	I certify that H.B. No. 3461 was passed by the House on April
364	364	28, 2023, by the following vote: Yeas 146, Nays 0, 1 present, not
365	365	voting; and that the House concurred in Senate amendments to H.B.
366	366	No. 3461 on May 26, 2023, by the following vote: Yeas 141, Nays 0,
367	367	1 present, not voting.
368	368	______________________________
369	369	Chief Clerk of the House
370	370	I certify that H.B. No. 3461 was passed by the Senate, with
371	371	amendments, on May 24, 2023, by the following vote: Yeas 31, Nays
372	372	0.
373	373	______________________________
374	374	Secretary of the Senate
375	375	APPROVED: __________________
376	376	Date
377	377	__________________
378	378	Governor