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�	H.B.�No.�3107

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�	AN ACT
�	relating to the creation and re-creation of funds and accounts in
�	the state treasury, the dedication and rededication of 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 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 in the state treasury by an Act
�	of the 80th Legislature, Regular Session, 2007, that becomes law
�	and all dedications or rededications of revenue in the state
�	treasury or otherwise collected by a state agency for a particular
�	purpose by an Act of the 80th Legislature, Regular Session, 2007,
�	that becomes law are abolished on the later of August 27, 2007, 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 80th 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 in other revenue dedicated as
�	described by this section; or
�	�������������(4)��increases in fees or in other revenue required to
�	be deposited in a fund or account described by this section.
�	�������SECTION�4.��ACCOUNTS IN GENERAL REVENUE FUND. �Effective on
�	the later of August 27, 2007, or the date the Act creating or
�	re-creating the account takes effect, the following accounts and
�	the revenue deposited to the credit of the accounts are exempt from
�	Section 2 of this Act and are created in the general revenue fund,
�	if created or re-created by an Act of the 80th Legislature, Regular
�	Session, 2007, that becomes law:
�	�������������(1)��the fire prevention and public safety account
�	created by House Bill No. 2935 or similar legislation;
�	�������������(2)��the premium payment assistance account created by
�	House Bill No. 1751 or similar legislation;
�	�������������(3)��the Texas health opportunity pool created by
�	Senate Bill No. 10 or similar legislation;
�	�������������(4)��the regional trauma account created by Senate Bill
�	No. 125 or similar legislation;
�	�������������(5)��the transportation reinvestment fund created by
�	Senate Bill No. 1266, House Bill No. 3722, or similar legislation;
�	�������������(6)��the cancer prevention and research fund created by
�	House Bill No. 14 or similar legislation; and
�	�������������(7)��the nursing home quality assurance fee account
�	created by House Bill No. 3778 or similar legislation.
�	�������SECTION�5.��FUNDS TO BECOME ACCOUNTS. �Effective on the later
�	of August 27, 2007, or the date the Act creating or re-creating the
�	fund takes effect, a fund in the state treasury or fund otherwise
�	with the comptroller, if listed in this section, is re-created as an
�	account in the general revenue fund, to the extent allowed by the
�	Texas Constitution, and the account and the revenue deposited to
�	the credit of the account are exempt from Section 2 of this Act, if
�	created or re-created by an Act of, or constitutional amendment
�	proposed by, the 80th Legislature, Regular Session, 2007, that
�	becomes law or is approved by the voters, as applicable.
�	�������SECTION�6.��REVENUE DEDICATION. �Effective on the later of
�	August 27, 2007, or the date the Act dedicating or rededicating the
�	revenue takes effect, the following dedications or rededications of
�	revenue collected by a state agency for a particular purpose are
�	exempt from Section 2 of this Act, if dedicated or rededicated by an
�	Act of the 80th Legislature, Regular Session, 2007, that becomes
�	law:
�	�������������(1)��all dedications or rededications made by House
�	Bill No. 2935 or similar legislation;
�	�������������(2)��all dedications or rededications to the sexual
�	assault program fund, the premium payment assistance account, or
�	the Texas health opportunity pool made by House Bill No. 1751 or
�	similar legislation;
�	�������������(3)��all dedications or rededications of revenue from
�	civil or administrative penalties made by Senate Bill No. 125 or
�	similar legislation;
�	�������������(4)��the dedication or rededication of fee revenue made
�	by House Bill No. 481 or similar legislation;
�	�������������(5)��all dedications or rededications to the state
�	highway fund;
�	�������������(6)��all dedications or rededications of revenue
�	collected by the Parks and Wildlife Department;
�	�������������(7)��all dedications or rededications of revenue to the
�	Texas Department of Insurance operating account;
�	�������������(8)��all dedications or rededications of revenue made
�	by House Bill Nos. 3168 and 1673 or similar legislation; and
�	�������������(9)��all dedications or rededications to General
�	Revenue Account No. 19--Vital Statistics that are made by Senate
�	Bill No. 47, House Bill No. 1377, or similar legislation.
�	�������SECTION�7.��FEDERAL FUNDS. �Section 2 of this Act does not
�	apply to funds created pursuant to an Act of the 80th Legislature,
�	Regular Session, 2007, 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�8.��TRUST FUNDS. �(a) �Section 2 of this Act does not
�	apply to trust funds or dedicated revenue deposited to trust funds
�	created under an Act of the 80th Legislature, Regular Session,
�	2007, 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.
�	�������(b)��Notwithstanding Subsection (a) of this section, the
�	following trust funds if created under an Act of the 80th
�	Legislature, Regular Session, 2007, that becomes law shall be held
�	outside the state treasury, regardless of the comptroller's
�	approval:
�	�������������(1)��the Texas tomorrow fund II prepaid tuition unit
�	undergraduate education program fund created by House Bill No. 3900
�	or similar legislation; and
�	�������������(2)��the Texas health opportunity pool trust fund
�	created by Senate Bill No. 10 or similar legislation.
�	�������SECTION�9.��BOND FUNDS. �Section 2 of this Act does not apply
�	to bond funds and pledged funds created or affected by an Act of the
�	80th Legislature, Regular Session, 2007, 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�10.��CONSTITUTIONAL FUNDS. �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 80th Legislature, Regular
�	Session, 2007, 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�11.��SEPARATE FUNDS IN THE TREASURY. �Effective
�	September 1, 2007, if the fund is listed in this section, a fund in
�	the state treasury and the revenue deposited to the credit of the
�	fund is exempt from Section 2 of this Act and is created as a
�	separate fund in the state treasury, if created by an Act of the
�	80th Legislature, Regular Session, 2007, that becomes law.
�	�������SECTION�12.��CONTINGENT DEDICATION. �Contingent on Senate
�	Bill No. 1562 or similar legislation concerning animal control
�	officer training being enacted by the 80th Legislature, Regular
�	Session, 2007, and becoming law, a fee collected by the Department
�	of State Health Services to cover the cost of arranging and
�	conducting an animal control course may be appropriated only to the
�	Department of State Health Services for the purpose of paying the
�	costs of arranging and conducting the course. Section 2 of this Act
�	does not apply to the dedication of revenue made by this section.
�	�������SECTION�13.��ACCOUNTS IN JUDICIAL FUND AND RELATED
�	DEDICATIONS OF REVENUE. Section 2 of this Act does not apply to:
�	�������������(1)��the supreme court support account created in the
�	judicial fund by Senate Bill No. 1182 or similar legislation; or
�	�������������(2)��dedications of fee revenue deposited to the credit
�	of the account described by Subdivision (1) of this section in
�	accordance with the provisions of Senate Bill No. 1182 or similar
�	legislation.
�	�������SECTION�14.��EFFECT OF SECTION 2 OF THIS ACT ON CERTAIN FUNDS
�	OF TEXAS WINDSTORM INSURANCE ASSOCIATION. Section 2 of this Act
�	does not apply to any fund, account, or dedication of revenue that
�	is created or re-created by House Bill No. 2960, Acts of the 80th
�	Legislature, Regular Session, 2007, or to which House Bill No. 2960
�	refers, including:
�	�������������(1)��the catastrophe reserve trust fund created under
�	Subchapter J, Chapter 2210, Insurance Code;
�	�������������(2)��the dedicated trust fund created under Section
�	2210.607, Insurance Code, as added by H.B. No. 2960; and
�	�������������(3)��premium surcharges collected by the Texas
�	Windstorm Insurance Association under Section 2210.058, Insurance
�	Code, as amended by H.B. No. 2960.
�	�������SECTION�15.��AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
�	Effective September 1, 2007, Sections 403.095(b), (d), and (e),
�	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, 2009 [2007], are estimated to exceed the amount
�	appropriated by the General Appropriations Act or other laws
�	enacted by the 80th [79th] 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 80th [79th]
�	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.
�	�������(e)��This section expires on September 1, 2009 [2007].
�	�������SECTION�16.��PERMANENT FUND FOR VETERANS'�ASSISTANCE. �(a) �
�	Section 403.108, Government Code, is transferred to Subchapter A,
�	Chapter 434, Government Code, redesignated as Section 434.017, and
�	amended to read as follows:
�	�������Sec.�434.017�[403.108]. [PERMANENT] FUND FOR VETERANS'
�	ASSISTANCE. �(a) �The [permanent] fund for veterans' assistance is a
�	special fund in the state treasury outside the general revenue
�	fund. The fund is composed of:
�	�������������(1)��money transferred to the fund at the direction of
�	the legislature;
�	�������������(2)��gifts and grants contributed to the fund; and
�	�������������(3)��the [available] earnings of the fund [determined
�	in accordance with Section 403.1068].
�	�������(b)��Except as provided by Subsections (c) and (e), money in
�	the fund may not be appropriated for any purpose.
�	�������(c)��Money in�[The available earnings of] the fund may be
�	appropriated to the Texas Veterans Commission to:
�	�������������(1)��enhance or improve veterans' assistance programs,
�	including veterans' representation and counseling; and
�	�������������(2)��make grants to local communities to address
�	veterans' needs.
�	�������(d)��The Texas Veterans Commission may adopt rules governing
�	the award of grants by the commission under this section.
�	�������(e)��The comptroller may solicit and accept gifts and grants
�	to the fund. A gift or grant to the fund may be appropriated in the
�	same manner as other money in�[the available earnings of] the fund,
�	subject to any limitation or requirement placed on the gift or grant
�	by the donor or granting entity.
�	�������(f)��Sections 403.095 and 404.071 do not apply to the fund.
�	�������(b)��Section 403.1068(a), Government Code, is amended to
�	read as follows:
�	�������(a)��This section applies only to management of the permanent
�	funds established under Sections 403.105, 403.1055, 403.106,
�	403.1065, and�403.1066[, and 403.108].
�	�������(c)��Effective August 27, 2007, the fund for veterans'�
�	assistance is re-created as a special fund in the state treasury
�	outside the general revenue fund, and the fund and the revenue
�	deposited to the credit of the fund are exempt from Section 2 of
�	this Act.
�	�������SECTION�17.��EFFECT OF ACT. �(a) �This Act prevails over any
�	other Act of the 80th Legislature, Regular Session, 2007,
�	regardless of the relative dates of enactment, that purports to
�	create or re-create a special fund or account in the state treasury
�	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)��Revenues that, under the terms of another Act of the
�	80th Legislature, Regular Session, 2007, 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.
�	�������SECTION�18.��EFFECTIVE DATE. �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 the 91st day after the
�	last day of the legislative session.
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�	______________________________	______________________________
�	���President of the Senate	Speaker of the House�����
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�	�������I certify that H.B. No. 3107 was passed by the House on May
�	10, 2007, by the following vote:��Yeas 116, Nays 1, 1 present, not
�	voting; and that the House concurred in Senate amendments to H.B.
�	No. 3107 on May 25, 2007, by the following vote:��Yeas 138, Nays 0,
�	2 present, not voting.
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�	______________________________
�	Chief Clerk of the House���
�
�	�������I certify that H.B. No. 3107 was passed by the Senate, with
�	amendments, on May 23, 2007, by the following vote:��Yeas 31, Nays
�	0.
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�	______________________________
�	Secretary of the Senate���
�	APPROVED: __________________
�	����������������Date�������
�	�
�	�������� __________________
�	��������������Governor�������