89R12506 CS-D
By: Huffman S.B. No. 2192
A BILL TO BE ENTITLED
AN ACT
relating to state fiscal matters.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. STATE FISCAL MATTERS RELATED TO HEALTH AND HUMAN
SERVICES AGENCIES AND STATE AGENCIES ADMINISTERING HEALTH AND HUMAN
SERVICES PROGRAMS
SECTION 1.01. (a) This section applies to any state agency
that receives an appropriation under Article II of the General
Appropriations Act and to any program administered by any of those
agencies.
(b) Notwithstanding any other statute of this state, each
state agency to which this section applies is authorized to reduce
or recover expenditures by:
(1) consolidating any reports or publications the
agency is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the agency grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the agency's
duties;
(4) adopting additional eligibility requirements
consistent with federal law for persons who receive benefits under
any law the agency administers to ensure that those benefits are
received by the most deserving persons consistent with the purposes
for which the benefits are provided, including under the following
laws:
(A) Chapter 62, Health and Safety Code (child
health plan program);
(B) Chapter 31, Human Resources Code (Temporary
Assistance for Needy Families program);
(C) Chapter 32, Human Resources Code (Medicaid
program);
(D) Chapter 33, Human Resources Code
(supplemental nutrition assistance and other nutritional
assistance programs);
(E) Chapter 540, Government Code, as effective
April 1, 2025 (Medicaid managed care); and
(F) Chapter 540A, Government Code, as effective
April 1, 2025 (Medicaid Managed Transportation Services);
(5) providing that any communication between the
agency and another person and any document required to be delivered
to or by the agency, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet; and
(6) modifying and streamlining processes used in:
(A) the conduct of eligibility determinations
for programs listed in Subdivision (4) of this subsection by or
under the direction of the Health and Human Services Commission;
(B) the provision of child and adult protective
services by the Department of Family and Protective Services;
(C) the provision of community health services,
consumer protection services, and mental health services by the
Department of State Health Services; and
(D) the provision or administration of other
services provided or programs operated by the Health and Human
Services Commission or a health and human services agency, as
defined by Section 521.0001, Government Code, as effective April 1,
2025.
SECTION 1.02. Subchapter O, Chapter 540, Government Code,
as effective April 1, 2025, is amended by adding Sections 540.0715,
540.0716, and 540.0717 to read as follows:
Sec. 540.0715. CARE COORDINATION BENEFITS. (a) In this
section, "care coordination" means assisting recipients to develop
a plan of care, including a service plan, that meets the recipient's
needs and coordinating the provision of Medicaid benefits in a
manner that is consistent with the plan of care. The term is
synonymous with "case management," "service coordination," and
"service management."
(b) The commission shall streamline and clarify the
provision of care coordination benefits across Medicaid programs
and services for recipients receiving benefits under a managed care
delivery model. In streamlining and clarifying the provision of
care coordination benefits under this section, the commission shall
at a minimum:
(1) subject to Subsection (c), establish a process for
determining and designating a single entity as the primary entity
responsible for a recipient's care coordination;
(2) evaluate and eliminate duplicative services
intended to achieve recipient care coordination, including care
coordination or related benefits provided:
(A) by a Medicaid managed care organization;
(B) by a recipient's medical or health home;
(C) through a disease management program
provided by a Medicaid managed care organization;
(D) by a provider of targeted case management and
psychiatric rehabilitation services; and
(E) through a program of case management for
high-risk pregnant women and high-risk children established under
Section 22.0031, Human Resources Code;
(3) evaluate and, if the commission determines it
appropriate, modify the capitation rate paid to Medicaid managed
care organizations to account for the provision of care
coordination benefits by a person not affiliated with the
organization; and
(4) establish and use a consistent set of terms for
care coordination provided under a managed care delivery model.
(c) In establishing a process under Subsection (b)(1), the
commission shall ensure that:
(1) for a recipient who receives targeted case
management and psychiatric rehabilitation services, the default
entity to act as the primary entity responsible for the recipient's
care coordination under Subsection (b)(1) is the provider of
targeted case management and psychiatric rehabilitation services;
and
(2) for recipients other than those described by
Subdivision (1), the process includes an evaluation process
designed to identify the provider that would best meet the care
coordination needs of a recipient and that the commission
incorporates into Medicaid managed care program contracts.
Sec. 540.0716. CARE COORDINATOR CASELOAD STANDARDS. (a)
In this section:
(1) "Care coordination" has the meaning assigned by
Section 540.0715.
(2) "Care coordinator" means a person, including a
case manager, engaged by a Medicaid managed care organization to
provide care coordination benefits.
(b) The executive commissioner by rule shall establish
caseload standards for care coordinators providing care
coordination under the STAR+PLUS home and community-based services
supports (HCBS) program.
(c) The executive commissioner by rule may, if the executive
commissioner determines it appropriate, establish caseload
standards for care coordinators providing care coordination under
Medicaid programs other than the STAR+PLUS home and community-based
services supports (HCBS) program.
(d) In determining whether to establish caseload standards
for a Medicaid program under Subsection (c), the executive
commissioner shall consider whether implementing the standards
would improve:
(1) Medicaid managed care organization contract
compliance;
(2) the quality of care coordination provided under
the program;
(3) recipient health outcomes; and
(4) transparency regarding the availability of care
coordination benefits to recipients and interested stakeholders.
Sec. 540.0717. INFORMATION SHARING. (a) In this section:
(1) "Care coordination" has the meaning assigned by
Section 540.0715.
(2) "Care coordinator" has the meaning assigned by
Section 540.0716.
(b) To the extent permitted under applicable federal and
state law enacted to protect the confidentiality and privacy of
patients' health information, Medicaid managed care organizations
shall ensure the sharing of information, including recipient
medical records, among care coordinators and health care providers
as appropriate to provide care coordination benefits. For purposes
of implementing this section, a Medicaid managed care organization
may allow a care coordinator to share a recipient's service plan
with health care providers, subject to the limitations of this
section.
SECTION 1.03. Subchapter B, Chapter 137, Human Resources
Code, is amended by adding Section 137.061 to read as follows:
Sec. 137.061. GEOGRAPHIC RISK MAPPING FOR PREVENTION AND
EARLY INTERVENTION SERVICES. (a) The commission shall use
existing risk terrain modeling systems, predictive analytics, or
geographic risk assessments to:
(1) identify geographic areas that have high risk
indicators of child maltreatment and child fatalities resulting
from abuse or neglect; and
(2) target the implementation and use of prevention
and early intervention services to those geographic areas.
(b) The commission may not use data gathered under this
section to identify a specific family or individual.
SECTION 1.04. If before implementing any provision of this
article a state agency determines that a waiver or authorization
from a federal agency is necessary for implementation of that
provision, the agency affected by the provision shall request the
waiver or authorization and may delay implementing that provision
until the waiver or authorization is granted.
SECTION 1.05. This article takes effect September 1, 2025.
ARTICLE 2. FISCAL MATTERS RELATED TO PUBLIC EDUCATION
SECTION 2.01. (a) This section applies to the Texas
Education Agency, the Texas School for the Blind and Visually
Impaired, the Texas School for the Deaf, and the Teacher Retirement
System of Texas.
(b) Notwithstanding any other statute of this state, each
entity to which this section applies is authorized to reduce or
recover expenditures by:
(1) consolidating any reports or publications the
entity is required to make and filing or delivering any of those
reports or publications exclusively by electronic means;
(2) extending the effective period of any license,
permit, or registration the entity grants or administers;
(3) entering into a contract with another governmental
entity or with a private vendor to carry out any of the entity's
duties;
(4) modifying the services provided to and the
eligibility requirements, including the procedures to determine
eligibility, for persons who receive benefits under any federal or
state law the entity administers to ensure that those benefits are
received by the most deserving persons consistent with the purposes
for which the benefits are provided; and
(5) providing that any communication between the
entity and another person and any document required to be delivered
to or by the entity, including any application, notice, billing
statement, receipt, or certificate, may be made or delivered by
e-mail or through the Internet.
SECTION 2.02. An employee of an entity described by Section
2.01 of this Act is not entitled to an amount from the state for
expenses, including office expenses or reimbursement of office
expenses, per diem, travel, or a salary or salary supplement that
exceeds the amount authorized for those purposes by the General
Appropriations Act.
SECTION 2.03. Section 21.4021(a), Education Code, is
amended to read as follows:
(a) Notwithstanding Section 21.401 and subject to Section
21.4022, the board of trustees of a school district may, in
accordance with district policy, implement a furlough program and
reduce the number of days of service otherwise required under
Section 21.401 by not more than seven [six] days of service during a
school year if the commissioner certifies in accordance with
Section 48.010 that the district will be provided with less state
and local funding for that year than was provided to the district
for the 2024-2025 [2010-2011] school year.
SECTION 2.04. Section 25.112(a), Education Code, is amended
to read as follows:
(a) Except as otherwise authorized by this section, a school
district may not enroll more than a district-wide average of 23 [22]
students in [a] prekindergarten, kindergarten, first, second,
third, and [or] fourth grade classes [class]. That limitation does
not apply during:
(1) any 12-week period of the school year selected by
the district, in the case of a district whose average daily
attendance is adjusted under Section 48.005(c); or
(2) the last 12 weeks of any school year in the case of
any other district.
SECTION 2.05. Section 28.053(i), Education Code, is amended
to read as follows:
(i) The commissioner shall analyze and adjust, as needed,
the sum of and number of awards to ensure that the purpose of the
program is realized and to account for any budgetary constraints.
SECTION 2.06. Section 48.010, Education Code, is amended to
read as follows:
Sec. 48.010. DETERMINATION OF FUNDING LEVELS. (a) Not
later than July 1 of each year, the commissioner shall determine for
each school district whether the estimated amount of state and
local funding per student in weighted average daily attendance to
be provided to the district under the Foundation School Program for
maintenance and operations for the following school year is less
than the amount provided to the district for the 2024-2025
[2010-2011] school year. If the amount estimated to be provided is
less, the commissioner shall certify the percentage decrease in
funding to be provided to the district.
(b) In making the determinations regarding funding levels
required by Subsection (a), the commissioner shall:
(1) make adjustments as necessary to reflect changes
in a school district's maintenance and operations tax rate;
(2) for a district required to reduce its local
revenue level under Section 48.257, base the determinations on the
district's net funding levels after deducting any amounts required
to be expended by the district to comply with Chapter 49; and
(3) determine a district's weighted average daily
attendance in accordance with this chapter as it existed on January
1, 2025 [2011].
SECTION 2.07. Section 825.404(b), Government Code, is
amended to read as follows:
(b) Before November 15 [2] of each even-numbered year, the
board of trustees, in coordination with the Legislative Budget
Board, shall certify to the comptroller of public accounts for
review and adoption an estimate of the amount necessary to pay the
state's contributions to the retirement system for the following
biennium. For qualifying employees under Subsection (a-1)(1), the
board of trustees shall include only the amount payable by the state
under Subsection (a-1)(1) in determining the amount to be
certified.
SECTION 2.08. Section 1575.202(a), Insurance Code, is
amended to read as follows:
(a) Each state fiscal year, the state shall contribute to
the fund an amount equal to 1.23 [1.25] percent of the salary of
each active employee.
SECTION 2.09. Section 21.402(c-1), Education Code, is
repealed.
SECTION 2.10. (a) Sections 2.03, 2.04, 2.05, and 2.06 of
this article apply beginning with the 2025-2026 school year.
(b) Sections 2.07 and 2.08 of this article apply beginning
with the state fiscal year that begins September 1, 2025.
ARTICLE 3. MISCELLANEOUS MATTERS
SECTION 3.01. Subchapter A, Chapter 441, Government Code,
is amended by adding Section 441.0135 to read as follows:
Sec. 441.0135. REPORT OF REPORTS. (a) Not later than January
1 of each odd-numbered year, the commission shall submit to the
governor and the Legislative Budget Board a written report
regarding all statutorily required reports prepared by and
submitted to a state agency as defined by Section 441.180. The
commission may consult with other state agencies in preparing the
report. A state agency shall cooperate with the commission in
securing the information necessary for preparing the report. The
commission shall prescribe the method by which a state agency
transmits to the commission information necessary to prepare the
report, and may require the information to be submitted using the
state electronic Internet portal. The report must include for each
statutorily required report:
(1) the title of and the agency preparing the report;
(2) the statutory authority requiring the report;
(3) the recipient of the report;
(4) the deadline for submitting the report;
(5) a brief description of the report; and
(6) an assessment from each recipient of the report
whether the report is necessary.
(b) The report required by Subsection (a) must be:
(1) made available to the public; and
(2) indexed by preparing agency, title of report, and
report recipient.
SECTION 3.02. Section 466.105, Government Code, is amended
to read as follows:
Sec. 466.105. APPLICABILITY OF OTHER LAW. [(a) A contract
for the acquisition or provision of facilities, supplies,
equipment, materials, or services related to the operation of the
lottery is not subject to:
[(1) Chapter 2054 or 2254; or
[(2) Subtitle D, Title 10.
[(b)] Notwithstanding the provisions of Title 2, Utilities
Code, the commission may negotiate rates and execute contracts with
telecommunications service providers for the interexchange
services necessary for the operation of the lottery. The
commission may acquire transmission facilities by lease, purchase,
or lease-purchase. The acquisition of transmission facilities must
be done on a competitive bid basis if possible.
SECTION 3.03. Section 662.005(b), Government Code, as
amended by Chapters 109 (S.B. 2214), 765 (H.B. 4504), and 950 (S.B.
1727), Acts of the 88th Legislature, Regular Session, 2023, is
reenacted and amended to read as follows:
(b) Except as provided by Section 662.010, and
notwithstanding Section 659.015 or another law, each of the
following state employees who is required to work on a national or
state holiday that falls on a Saturday or Sunday is entitled to
compensatory time off at the rate of one hour for each hour worked
on the holiday:
(1) an employee of the Department of Family and
Protective Services [in the statewide intake division who receives
reports of abuse or neglect];
(2) a peace officer commissioned or appointed, as
applicable, by a state officer or state agency listed under Article
2A.001, Code of Criminal Procedure;
(3) an employee of the Department of Public Safety
who:
(A) performs communications or dispatch services
related to traffic law enforcement; or
(B) is a public security officer, as that term is
defined by Section 1701.001, Occupations Code; [or]
(4) an employee of the Parks and Wildlife Department
who performs communications and dispatch services to assist law
enforcement officers commissioned by the Parks and Wildlife
Commission in performing law enforcement duties;
(5) an employee of[, or who is employed by] the Texas
Juvenile Justice Department who:
(A) performs [to perform] communication service
duties for the incident reporting center; and
(B) assists [to assist] law enforcement officers
appointed by the office of inspector general of the Texas Juvenile
Justice Department in performing investigative duties; [,] or
(6) [who is employed as] a security officer providing
security and entry searches for secure correctional facilities
operated by the Texas Juvenile Justice Department[,].
SECTION 3.04. Subchapter A, Chapter 2176, Government Code,
is amended by adding Section 2176.007 to read as follows:
Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a)
The comptroller shall conduct a study on the mail operations of each
state agency in the executive branch of state government that
receives an appropriation. The study must identify provisions of
law relating to the mailing requirements for the agency that impede
the efficient transmission and receipt of documents by the agency.
(b) In conducting the study, the comptroller shall
collaborate with other state agencies to consider the needs or
concerns specific to those agencies.
(c) Not later than November 1, 2026, the comptroller shall
post the findings of the study conducted under this section on the
comptroller's Internet website.
(d) This section expires September 1, 2027.
SECTION 3.05. Section 1951.003(a), Occupations Code, is
amended to read as follows:
(a) In this chapter, a person is engaged in the "business of
structural pest control" if the person performs, offers to perform,
or advertises for or solicits the person's performance of any of the
following services [for compensation], including services
performed as a part of the person's employment:
(1) identifying infestations or making inspections
for the purpose of identifying or attempting to identify
infestations of:
(A) arthropods, including insects, spiders,
mites, ticks, and related pests, wood-infesting organisms,
rodents, weeds, nuisance birds, and any other obnoxious or
undesirable animals that may infest households, railroad cars,
ships, docks, trucks, airplanes, or other structures or their
contents; or
(B) pests or diseases of trees, shrubs, or other
plantings in a park or adjacent to a residence, business
establishment, industrial plant, institutional building, or
street;
(2) making oral or written inspection reports,
recommendations, estimates, or bids with respect to an infestation
described by Subdivision (1); or
(3) making contracts, or submitting bids based on an
inspection for services or performing services designed to prevent,
control, or eliminate an infestation described by Subdivision (1)
by the use of insecticides, pesticides, rodenticides, fumigants,
allied chemicals or substances, or mechanical devices.
SECTION 3.06. Sections 23.1241(a)(1), (2), (7), and (9),
Tax Code, are amended to read as follows:
(1) "Dealer" means a person engaged in the business in
this state of selling[, leasing, or renting] heavy equipment. The
term does not include a bank, savings bank, savings and loan
association, credit union, or other finance company. In addition,
for purposes of taxation of a person's inventory of heavy equipment
in a tax year, the term does not include a person who renders the
person's inventory of heavy equipment for taxation in that tax year
by filing a rendition statement or property report in accordance
with Chapter 22.
(2) "Dealer's heavy equipment inventory" means all
items of heavy equipment that a dealer holds for sale at retail [,
lease, or rent] in this state [during a 12-month period].
(7) "Sales price" means:
(A) the total amount of money paid or to be paid
to a dealer for the purchase of an item of heavy equipment; or
(B) for a purchase pursuant to a lease or rental
with an option to purchase, the total amount of the lease or rental
payments paid during the tax year in which the purchase occurs plus
any final consideration paid or to be paid to the dealer for the
purchase, excluding interest.
(9) "Total annual sales" means the total of the[:
[(A)] sales price for each sale from a dealer's
heavy equipment inventory in a 12-month period[; and
[(B) lease and rental payments received for each
lease or rental of heavy equipment inventory in a 12-month period].
SECTION 3.07. Section 23.1241, Tax Code, is amended by
adding Subsection (a-1) and amending Subsection (e) to read as
follows:
(a-1) For purposes of this section, an item of heavy
equipment is not included in a dealer's heavy equipment inventory
if:
(1) the item was included in the dealer's heavy
equipment inventory on January 1 of the preceding tax year and was
not sold by the dealer in that tax year; and
(2) for 30 days or more during the preceding tax year
the item was either leased or rented by the dealer to one or more
persons or used by any person for its intended purposes not related
to demonstrating or testing the equipment for sale, lease, or rent.
(e) A dealer is presumed to be an owner of a dealer's heavy
equipment inventory on January 1 if, in the 12-month period ending
on December 31 of the preceding year, the dealer sold[, leased, or
rented] an item of heavy equipment to a person other than a dealer.
The presumption is not rebutted by the fact that a dealer has no
item of heavy equipment physically on hand for sale from the
dealer's heavy equipment inventory on January 1.
SECTION 3.08. Sections 23.1242(b), (e), and (f), Tax Code,
are amended to read as follows:
(b) Except for an item of heavy equipment sold to a dealer,
an item of heavy equipment included in a fleet transaction, an item
of heavy equipment that is the subject of a subsequent sale, or an
item of heavy equipment that is subject to a lease or rental, an
owner or a person who has agreed by contract to pay the owner's
current year property taxes levied against the owner's heavy
equipment inventory shall assign a unit property tax to each item of
heavy equipment sold from a dealer's heavy equipment inventory.
[In the case of a lease or rental, the owner shall assign a unit
property tax to each item of heavy equipment leased or rented.] The
unit property tax of each item of heavy equipment is determined by
multiplying the sales price of the item [or the monthly lease or
rental payment received for the item, as applicable,] by the unit
property tax factor. [If the transaction is a lease or rental, the
owner shall collect the unit property tax from the lessee or renter
at the time the lessee or renter submits payment for the lease or
rental. The owner of the equipment shall state the amount of the
unit property tax assigned as a separate line item on an invoice.]
On or before the 20th day of each month the owner shall, together
with the statement filed by the owner as required by this section,
deposit with the collector an amount equal to the total of unit
property tax assigned to all items of heavy equipment sold[,
leased, or rented] from the dealer's heavy equipment inventory in
the preceding month to which a unit property tax was assigned. The
money shall be deposited by the collector to the credit of the
owner's escrow account for prepayment of property taxes as provided
by this section. An escrow account required by this section is used
to pay property taxes levied against the dealer's heavy equipment
inventory, and the owner shall fund the escrow account as provided
by this subsection.
(e) The comptroller by rule shall adopt a dealer's heavy
equipment inventory tax statement form. Each month, a dealer shall
complete the form regardless of whether an item of heavy equipment
is sold[, leased, or rented]. A dealer may use no other form for
that purpose. The statement may include the information the
comptroller considers appropriate but shall include at least the
following:
(1) a description of each item of heavy equipment
sold, [leased, or rented] including any unique identification or
serial number affixed to the item by the manufacturer;
(2) the sales price of [or lease or rental payment
received for] the item of heavy equipment[, as applicable];
(3) the unit property tax of the item of heavy
equipment, if any; and
(4) the reason no unit property tax is assigned if no
unit property tax is assigned.
(f) On or before the 20th day of each month, a dealer shall
file with the collector the statement covering the sale[, lease, or
rental] of each item of heavy equipment sold[, leased, or rented] by
the dealer in the preceding month. On or before the 20th day of a
month following a month in which a dealer does not sell[, lease, or
rent] an item of heavy equipment, the dealer must file the statement
with the collector and indicate that no sales[, leases, or rentals]
were made in the prior month. A dealer shall file a copy of the
statement with the chief appraiser and retain documentation
relating to the disposition of each item of heavy equipment sold
[and the lease or rental of each item of heavy equipment]. A chief
appraiser or collector may examine documents held by a dealer as
provided by this subsection in the same manner, and subject to the
same conditions, as provided by Section 23.1241(g).
SECTION 3.09. Section 156.251(d), Tax Code, is amended to
read as follows:
(d) An amount equal to the amount of revenue derived from
the collection of taxes imposed by this chapter at a rate of
one-half of one percent shall be allocated in the general revenue
fund to be used for:
(1) media advertising and other marketing activities
of the [Tourism Division of the] Texas Economic Development and
Tourism Office; and
(2) the seaport preliminary studies grant program
established under Section 55.0031, Transportation Code [Department
of Commerce. Section 403.094(h), Government Code, does not apply
to funds described in this section. This subsection takes effect
October 1, 1994].
SECTION 3.10. Section 55.002, Transportation Code, is
amended by adding Subsection (b-1) to read as follows:
(b-1) In addition to funding projects under Subsection (a),
the department by rule shall establish a grant program to fund port
security, transportation, or facility projects with money from the
general revenue accounts, bond proceeds if allowed by other law, or
any other money appropriated by the legislature.
SECTION 3.11. Chapter 55, Transportation Code, is amended
by adding Section 55.0031 to read as follows:
Sec. 55.0031. SEAPORT PRELIMINARY STUDIES GRANT PROGRAM.
The department by rule shall establish a program to provide grants
for use in conducting preliminary studies or obtaining permits that
may be required of the grant recipient to receive additional
financial assistance for a port security, transportation, or
facility project.
SECTION 3.12. Section 201.946(d), Transportation Code, is
amended to read as follows:
(d) To the extent money is on deposit in the fund in amounts
that are in excess of the money required by the proceedings
authorizing the obligations and credit agreements to be retained on
deposit, the commission:
(1) shall use the money to retire, before maturity,
the portion of the obligations that are callable; and
(2) may use the money for any purpose for which
obligations may be issued under this subchapter, other than for
toll roads.
SECTION 3.13. Section 23.1241(b-1), Tax Code, is repealed.
SECTION 3.14. The changes in law made by this article that
affect ad valorem taxes apply only to ad valorem taxes imposed for a
tax year beginning on or after January 1, 2026.
SECTION 3.15. The changes in law made by this article
relating to the method of delivery or submission of a notice or
report apply only to a notice or report that is required to be
delivered or submitted on or after the effective date of this Act.
A notice or report required to be delivered or submitted before the
effective date of this Act is governed by the law in effect on the
date the notice or report was required to be delivered or submitted,
and the former law is continued in effect for that purpose.
SECTION 3.16. To the extent of any conflict, this article
prevails over another Act of the 89th Legislature, Regular Session,
2025, relating to nonsubstantive additions to and corrections in
enacted codes.
ARTICLE 4. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE
SECTION 4.01. Effective September 1, 2025, 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, 2027 [2025], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 89th [88th] 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 89th [88th]
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, 2027 [2025].
ARTICLE 5. EFFECTIVE DATE
SECTION 5.01. Except as otherwise provided by this Act,
this Act takes effect immediately if it receives a vote of
two-thirds of all the members elected to each house, as provided by
Section 39, Article III, Texas Constitution. If this Act does not
receive the vote necessary for immediate effect, this Act takes
effect on September 1, 2025.