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�	H.B.�No.�4583

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