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AN ACT
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relating to the creation and re-creation of funds and accounts in |
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the state treasury, the dedication and rededication of revenue, and |
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the exemption of unappropriated money from use for general |
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governmental purposes. |
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�������BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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�������SECTION�1.��DEFINITION. In any provision of this Act that |
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does not amend current law, "state agency" means an office, |
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institution, or other agency that is in the executive branch of |
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state government, has authority that is not limited to a |
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geographical portion of the state, and was created by the |
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constitution or a statute of this state. The term does not include |
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an institution of higher education as defined by Section 61.003, |
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Education Code. |
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�������SECTION�2.��ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS. |
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Except as otherwise specifically provided by this Act, all funds |
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and accounts created or re-created in the state treasury by an Act |
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of the 81st Legislature, Regular Session, 2009, that becomes law |
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and all dedications or rededications of revenue in the state |
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treasury or otherwise collected by a state agency for a particular |
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purpose by an Act of the 81st Legislature, Regular Session, 2009, |
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that becomes law are abolished on the later of August 31, 2009, or |
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the date the Act creating or re-creating the fund or account or |
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dedicating or rededicating revenue takes effect. |
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�������SECTION�3.��PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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ACCOUNTS. Section 2 of this Act does not apply to: |
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�������������(1)��statutory dedications, funds, and accounts that |
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were enacted before the 81st Legislature convened to comply with |
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requirements of state constitutional or federal law; |
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�������������(2)��dedications, funds, or accounts that remained |
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exempt from former Section 403.094(h), Government Code, at the time |
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dedications, accounts, and funds were abolished under that |
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provision; |
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�������������(3)��increases in fees or in other revenue dedicated as |
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described by this section; or |
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�������������(4)��increases in fees or in other revenue required to |
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be deposited in a fund or account described by this section. |
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�������SECTION�4.��ACCOUNTS IN GENERAL REVENUE FUND. Effective on |
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the later of August 31, 2009, or the date the Act creating or |
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re-creating the account takes effect, the following accounts and |
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the revenue deposited to the credit of the accounts are exempt from |
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Section 2 of this Act and are created in the general revenue fund, |
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if created or re-created by an Act of the 81st Legislature, Regular |
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Session, 2009, that becomes law: |
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�������������(1)��the Texas physician health program account created |
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as a special account in the general revenue fund by Senate Bill No. |
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1331 or similar legislation; |
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�������������(2)��the Jobs and Education for Texans (JET) fund to be |
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created as a dedicated account in the general revenue fund under |
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Senate Bill No. 1313, House Bill No. 1935, or similar legislation; |
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�������������(3)��the Texas local participation transportation fund |
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created as a dedicated account in the general revenue fund by Senate |
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Bill No. 1383, House Bill No. 3917, or similar legislation; |
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�������������(4)��the honesty-in-premium account created in the |
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general revenue fund by House Bill No. 2750, Senate Bill No. 1257, |
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or similar legislation; |
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�������������(5)��the renewing our communities account created by |
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House Bill No. 492 or similar legislation; |
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�������������(6)��the pretrial victim-offender mediation program |
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account created in the general revenue fund by House Bill No. 2139 |
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or similar legislation; |
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�������������(7)��the fuel ethanol, renewable methane, and biodiesel |
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production account created in the general revenue fund by House |
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Bill No. 2318 or similar legislation; |
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�������������(8)��the Texas nursery and floral account created by |
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House Bill No. 3496 or similar legislation; and |
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�������������(9)��the Texas Rural Investment Fund account created in |
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the general revenue fund by House Bill No. 1911, House Bill No. |
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3236, Senate Bill No. 1016, Senate Bill No. 1988, or similar |
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legislation. |
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�������SECTION�5.��REVENUE DEDICATION. Effective on the later of |
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August 31, 2009, or the date the Act dedicating or rededicating the |
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revenue takes effect, the following dedications or rededications of |
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revenue collected by a state agency for a particular purpose are |
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exempt from Section 2 of this Act, if dedicated or rededicated by an |
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Act of the 81st Legislature, Regular Session, 2009, that becomes |
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law: |
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�������������(1)��all dedications or rededications of revenue to the |
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Texas Department of Insurance operating account by any Act, |
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including the dedication of fees by Senate Bill No. 1007 or similar |
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legislation and the dedication of fees by House Bill No. 4341 or |
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similar legislation; |
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�������������(2)��the dedication of fee revenue by Senate Bill No. |
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1414 or similar legislation; |
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�������������(3)��the dedication of assessments and penalties by |
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House Bill No. 77, Senate Bill No. 638, or similar legislation; |
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�������������(4)��the dedication of revenue by House Bill No. 4110, |
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Senate Bill No. 2208, or similar legislation; |
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�������������(5)��the dedication of proceeds by House Bill No. 4427, |
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Senate Bill No. 1774, or similar legislation; |
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�������������(6)��the dedication of lottery proceeds by Senate Bill |
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No. 421, Senate Bill No. 1655, House Bill No. 1299, House Bill No. |
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4390, Senate Bill No. 1940, or similar legislation; |
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�������������(7)��the dedication or rededication of fees by Senate |
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Bill No. 1013, House Bill No. 2081, or similar legislation; |
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�������������(8)��the dedication of court costs by Senate Bill No. |
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333 or similar legislation; |
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�������������(9)��the dedication of tax revenue by House Bill No. |
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982, Senate Bill No. 2187, or similar legislation; |
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�������������(10)��the dedication of revenue by House Bill No. 1684 |
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or similar legislation; |
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�������������(11)��the dedication of revenue by House Bill No. 1965 |
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or similar legislation; |
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�������������(12)��the dedication of revenue by House Bill No. 2259 |
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or similar legislation; |
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�������������(13)��the dedication of fee revenue by Senate Bill No. |
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1587, House Bill No. 3359, or similar legislation; |
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�������������(14)��the dedication or rededication of revenue by |
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Senate Bill No. 1844 or similar legislation; and |
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�������������(15)��the dedication or rededication of revenue by |
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Senate Bill No. 862. |
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�������SECTION�6.��FEDERAL FUNDS. Section 2 of this Act does not |
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apply to funds created pursuant to an Act of the 81st Legislature, |
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Regular Session, 2009, for which separate accounting is required by |
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federal law, except that the funds shall be deposited in accounts in |
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the general revenue fund unless otherwise required by federal law. |
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�������SECTION�7.��TRUST FUNDS. (a) �Section 2 of this Act does not |
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apply to trust funds or dedicated revenue deposited to trust funds |
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created under an Act of the 81st Legislature, Regular Session, |
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2009, except that the trust funds shall be held in the state |
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treasury, with the comptroller in trust, or outside the state |
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treasury with the comptroller's approval. |
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�������(b)��Section 2 of this Act does not apply to: |
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�������������(1)��the state-licensed residential mortgage loan |
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originator recovery fund created by House Bill No. 10 or similar |
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legislation, or to dedicated revenue deposited to that fund; |
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�������������(2)��the anthropogenic carbon dioxide storage trust |
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fund created as a special fund in the state treasury by House Bill |
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No. 2669, Senate Bill No. 1387, or similar legislation, or to |
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dedicated revenue deposited to that fund; or |
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�������������(3)��the consumer assistance account created as a |
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restitution account in the attorney general's departmental |
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suspense account in the state treasury by Senate Bill No. 2350 or |
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similar legislation, or to revenue deposited to that account. |
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�������(c)��Notwithstanding Subsection (a) of this section, Section |
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2 of this Act applies to the system benefit fund and to revenue |
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deposited to the credit of that fund if that fund is purported to be |
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re-created by House Bill No. 1182 or similar legislation as a trust |
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fund. |
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�������SECTION�8.��BOND FUNDS. Section 2 of this Act does not apply |
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to bond funds and pledged funds created or affected by an Act of the |
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81st Legislature, Regular Session, 2009, except that the funds |
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shall be held in the state treasury, with the comptroller in trust, |
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or outside the state treasury with the comptroller's approval. |
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�������SECTION�9.��CONSTITUTIONAL FUNDS. (a) �Section 2 of this Act |
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does not apply to funds or accounts that would be created or |
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re-created by the Texas Constitution or revenue that would be |
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dedicated or rededicated by the Texas Constitution under a |
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constitutional amendment proposed by the 81st Legislature, Regular |
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Session, 2009, or to dedicated revenue deposited to funds or |
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accounts that would be so created or re-created, if the |
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constitutional amendment is approved by the voters. |
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�������(b)��Section 2 of this Act does not apply to the national |
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research university fund or any revenue transferred or deposited to |
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or dedicated to that fund under House Bill No. 51, House Bill No. |
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4453, Senate Bill No. 1560, or similar legislation that becomes |
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law. |
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�������SECTION�10.��SEPARATE FUNDS IN THE TREASURY. Effective |
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September 1, 2009, the following funds in the state treasury and the |
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revenue deposited to the credit of the funds are exempt from Section |
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2 of this Act and the funds are created as separate funds in the |
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state treasury, if created by an Act of the 81st Legislature, |
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Regular Session, 2009, that becomes law: |
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�������������(1)��the floodplain management fund created as a |
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special fund in the state treasury outside the general revenue fund |
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by House Bill No. 2536 or similar legislation; |
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�������������(2)��the account created by Senate Bill No. 263 or |
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similar legislation for the deposit of proceeds from the sale of the |
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bonds to be used for the sole purpose of financing projects |
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authorized by Section 222.104, Transportation Code, except that, |
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notwithstanding that legislation the fund is created as a separate |
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fund outside of the general revenue fund; and |
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�������������(3)��the freestanding emergency medical care facility |
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licensing fund created by House Bill No. 1357 or similar |
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legislation. |
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�������SECTION�11.��AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2009, Sections 403.095(b), (d), and (e), |
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Government Code, are amended to read as follows: |
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�������(b)��Notwithstanding any law dedicating or setting aside |
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revenue for a particular purpose or entity, dedicated revenues |
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that, on August 31, 2011 [2009], are estimated to exceed the amount |
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appropriated by the General Appropriations Act or other laws |
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enacted by the 81st [80th] Legislature are available for general |
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governmental purposes and are considered available for the purpose |
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of certification under Section 403.121. |
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�������(d)��Following certification of the General Appropriations |
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Act and other appropriations measures enacted by the 81st [80th] |
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Legislature, the comptroller shall reduce each dedicated account as |
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directed by the legislature by an amount that may not exceed the |
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amount by which estimated revenues and unobligated balances exceed |
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appropriations. The reductions may be made in the amounts and at |
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the times necessary for cash flow considerations to allow all the |
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dedicated accounts to maintain adequate cash balances to transact |
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routine business. The legislature may authorize, in the General |
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Appropriations Act, the temporary delay of the excess balance |
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reduction required under this subsection. �This subsection does not |
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apply to revenues or balances in: |
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�������������(1)��funds outside the treasury; |
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�������������(2)��trust funds, which for purposes of this section |
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include funds that may or are required to be used in whole or in part |
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for the acquisition, development, construction, or maintenance of |
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state and local government infrastructures, recreational |
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facilities, or natural resource conservation facilities; |
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�������������(3)��funds created by the constitution or a court; or |
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�������������(4)��funds for which separate accounting is required by |
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federal law. |
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�������(e)��This section expires on September 1, 2011 [2009]. |
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�������SECTION�12.��CERTAIN REVENUES DEDICATED TO COMPENSATION TO |
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VICTIMS OF CRIME FUND. (a) Section 495.025(c), Government Code, as |
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added by Section 1, Chapter 100 (S.B. 1580), Acts of the 80th |
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Legislature, Regular Session, 2007, is reenacted to read as |
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follows: |
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�������(c)��The department shall transfer 50 percent of all |
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commissions paid to the department by a vendor under this section to |
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the compensation to victims of crime fund established by Subchapter |
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B, Chapter 56, Code of Criminal Procedure, and the other 50 percent |
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to the credit of the undedicated portion of the general revenue |
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fund, except that the department shall transfer the first $10 |
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million of the commissions collected in any given year under a |
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contract awarded under this section to the compensation to victims |
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of crime fund established by Subchapter B, Chapter 56, Code of |
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Criminal Procedure. This section does not reduce any appropriation |
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to the department. |
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�������(b)��Revenue dedicated to the compensation to victims of |
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crime fund by Section 495.025(c), Government Code, as added by |
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Section 1, Chapter 100 (S.B. 1580), Acts of the 80th Legislature, |
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Regular Session, 2007, is rededicated to that fund by this section |
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and that rededication is exempt from Section 2 of this Act. |
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�������SECTION�13.��PHYSICIAN EDUCATION LOAN REPAYMENT PROGRAM. |
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(a) Section 2 of this Act does not apply to the physician education |
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loan repayment program account created as an account in the general |
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revenue fund by House Bill No. 2154 or similar legislation or to |
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dedicated revenue deposited to that account. |
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�������(b)��Notwithstanding provisions of House Bill No. 2154 or |
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other law to the contrary, of dedicated revenue directed by |
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Sections 61.539 and 61.5391, Education Code, Section 155.2415, Tax |
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Code, or other law to be deposited to the physician education loan |
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repayment program account described by Subsection (a) of this |
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section: |
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�������������(1)��during the state fiscal year ending August 31, |
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2010: |
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�������������������(A)��15 percent of the amount of that revenue |
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described by those provisions shall be deposited to the credit of |
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the physician education loan repayment program account; and |
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�������������������(B)��the remainder of that revenue shall be |
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deposited to the credit of the undedicated portion of the general |
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revenue fund; |
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�������������(2)��from September 1, 2010, to August 29, 2011: |
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�������������������(A)��25 percent of the amount of that revenue |
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described by those provisions shall be deposited to the credit of |
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the physician education loan repayment program account; and |
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�������������������(B)��the remainder of that revenue shall be |
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deposited to the credit of the undedicated portion of the general |
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revenue fund; and |
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�������������(3)��on and after August 30, 2011: |
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�������������������(A)��50 percent of the amount of that revenue |
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described by those provisions shall be deposited to the credit of |
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the physician education loan repayment program account; and |
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�������������������(B)��the remainder of that revenue shall be |
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deposited to the credit of the undedicated portion of the general |
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revenue fund. |
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�������SECTION�14.�CERTAIN OTHER FUNDS HELD OUTSIDE THE TREASURY. |
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Each of the following funds, if created as a fund held outside the |
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treasury by an Act of the 81st Legislature, Regular Session, 2009, |
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that becomes law, and revenue deposited to the credit of the funds |
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are exempt from this Act: |
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�������������(1)��the Texas transportation revolving fund or any |
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similar revolving fund created by or under Senate Bill No. 1350, |
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Senate Bill No. 505, Senate Bill No. 263, or similar legislation; |
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and |
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�������������(2)��the neighborhood and community recovery fund |
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created by Senate Bill No. 11, House Bill No. 4310, or similar |
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legislation. |
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�������SECTION�15.��SPECIAL FUND FOR SPECIAL RANGERS. Section 2 of |
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this Act does not apply to the special fund established for special |
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rangers under House Bill No. 2062, Senate Bill No. 1683, or similar |
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legislation of the 81st Legislature, Regular Session, 2009, that |
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becomes law, or to proceeds transferred to the fund. |
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�������SECTION�16.��CHRIS KYKER ENDOWMENT FOR SENIORS FUND. |
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Section 2 of this Act does not apply to the Chris Kyker Endowment |
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for Seniors Fund created as a special fund outside the state |
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treasury by House Bill No. 610, Senate Bill No. 1230, or similar |
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legislation of the 81st Legislature, Regular Session, 2009, that |
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becomes law, or to revenue deposited to the fund. |
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�������SECTION�17.��TRUST FUND TO BECOME DEDICATED GENERAL REVENUE |
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ACCOUNT. Sections 2 and 7 of this Act do not apply to the |
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scholarship trust fund or to revenue deposited to the credit of that |
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fund. However, if that fund is purported to be created or |
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re-created by House Bill No. 2440 or similar legislation as a trust |
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fund, the scholarship trust fund is instead created as a dedicated |
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account in the general revenue fund. |
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�������SECTION�18.��COMPTROLLER'S ESTIMATE OF CERTAIN DEDICATED |
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ACCOUNT BALANCES. �The comptroller of public accounts shall, in the |
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comptroller's statement under Section 49-a, Article III, Texas |
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Constitution, to the 82nd Legislature on its convening, include an |
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estimate of general revenue dedicated account balances based on the |
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laws then in effect, separately identifying those account balances |
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available for certification. |
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�������SECTION�19.��HEALTHY TEXAS SMALL EMPLOYER PREMIUM |
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STABILIZATION FUND. Sections 2 and 7 of this Act do not apply to the |
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healthy Texas small employer premium stabilization fund created by |
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Senate Bill No. 6 or similar legislation, or to dedicated revenue |
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deposited to that account. |
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�������SECTION�20.��AMERICAN RECOVERY AND REINVESTMENT ACT FUND. � |
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(a) �Section 2 of this Act does not apply to the American Recovery |
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and Reinvestment Act fund created by Subsection (b) of this |
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section, or to revenue deposited to the fund. |
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�������(b)��Subchapter B, Chapter 403, Government Code, is amended |
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by adding Section 403.0122 to read as follows: |
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�������Sec.�403.0122.��DEPOSIT OF AMERICAN RECOVERY AND |
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REINVESTMENT ACT MONEY. (a) �In this section: |
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�������������(1)��"Fund" means the American Recovery and |
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Reinvestment Act fund. |
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�������������(2)��"Recovery act" means the federal American Recovery |
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and Reinvestment Act of 2009 (Pub. L. No. 111-5). |
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�������(b)��The American Recovery and Reinvestment Act fund is |
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created as a special fund in the state treasury outside the general |
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revenue fund. |
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�������(c)��Notwithstanding any other law of this state and except |
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as otherwise provided by federal law, state agencies that receive |
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money under the recovery act shall deposit the money to the credit |
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of the fund as the comptroller determines is necessary to hold and |
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account for money received under the recovery act. |
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�������(d)��Other money may be deposited to the credit of the fund as |
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appropriated by the legislature, as required by federal law, or as |
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necessary to account for money related to the recovery act. Money |
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deposited to the credit of the fund may only be used for the |
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purposes identified in the recovery act to stimulate the economy, |
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including aid for unemployment, welfare, education, health, and |
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infrastructure. |
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�������(e)��Agencies shall transfer amounts between the fund and |
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other accounts and funds in the treasury as necessary to properly |
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account for money received under the recovery act as directed by the |
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comptroller. This section does not affect the authority of the |
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comptroller to establish and use accounts necessary to manage and |
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account for revenues and expenditures. |
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�������(f)��Interest earned on money deposited to the credit of the |
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fund is exempt from Section 404.071. �Interest earned on money in |
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the fund shall be retained in the fund. |
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�������(g)��The comptroller may issue guidelines for state agencies |
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regarding the implementation of this section. |
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�������SECTION�21.��LICENSE PLATES. Sections 2 and 7 of this Act do |
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not apply to the dedication or rededication of specialty license |
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plate revenue or to an account or fund created or re-created by an |
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Act of the 81st Legislature, Regular Session, 2009, that becomes |
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law involving a specialty license plate. |
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�������SECTION�22.��LARGE COUNTY AND MUNICIPALITY RECREATION AND |
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PARKS ACCOUNT. (a) �On the effective date of this Act, the large |
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county and municipality recreation and parks account, established |
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by Section 39, Chapter 1159 (H.B. 12), Acts of the 80th Legislature, |
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Regular Session, 2007, is re-created by this section as an account |
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in the general revenue fund. |
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�������(b)��The large county and municipality recreation and parks |
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account and the revenue deposited to the credit of the account are |
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exempt from Section 2 of this Act. |
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�������SECTION�23.��EFFECT OF ACT. (a) This Act prevails over any |
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other Act of the 81st Legislature, Regular Session, 2009, |
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regardless of the relative dates of enactment, that purports to |
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create or re-create a special fund or account in the state treasury |
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or to dedicate or rededicate revenue to a particular purpose, |
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including any fund, account, or revenue dedication abolished under |
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former Section 403.094, Government Code. |
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�������(b)��Revenue that, under the terms of another Act of the 81st |
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Legislature, Regular Session, 2009, would be deposited to the |
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credit of a special account or fund shall be deposited to the credit |
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of the undedicated portion of the general revenue fund unless the |
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fund, account, or dedication is exempted under this Act. |
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�������SECTION�24.��EFFECTIVE DATE. �This Act takes effect |
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immediately if it receives a vote of two-thirds of all the members |
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elected to each house, as provided by Section 39, Article III, Texas |
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Constitution.��If this Act does not receive the vote necessary for |
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immediate effect, this Act takes effect on the 91st day after the |
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last day of the legislative session. |
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______________________________ |
______________________________ |
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���President of the Senate |
Speaker of the House����� |
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�������I certify that H.B. No. 4583 was passed by the House on May |
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15, 2009, by the following vote:��Yeas 140, Nays 1, 1 present, not |
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voting; that the House refused to concur in Senate amendments to |
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H.B. No. 4583 on May 29, 2009, and requested the appointment of a |
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conference committee to consider the differences between the two |
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houses; and that the House adopted the conference committee report |
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on H.B. No. 4583 on May 31, 2009, by the following vote:��Yeas 144, |
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Nays 0, 1 present, not voting. |
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______________________________ |
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Chief Clerk of the House��� |
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�������I certify that H.B. No. 4583 was passed by the Senate, with |
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amendments, on May 27, 2009, by the following vote:��Yeas 31, Nays |
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0; at the request of the House, the Senate appointed a conference |
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committee to consider the differences between the two houses; and |
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that the Senate adopted the conference committee report on H.B. No. |
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4583 on May 31, 2009, by the following vote:��Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate��� |
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APPROVED: __________________ |
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����������������Date������� |
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�������� __________________ |
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��������������Governor������� |