Bill Text: TX HB2802 | 2019-2020 | 86th Legislature | Engrossed


Bill Title: Relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts; reducing or affecting the amounts of certain statutorily dedicated fees.

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2019-05-10 - Referred to Finance [HB2802 Detail]

Download: Texas-2019-HB2802-Engrossed.html
 
 
  By: Darby, Zerwas, Howard, Ashby, Raymond H.B. No. 2802
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amounts, availability, and use of certain
  statutorily dedicated revenue and accounts; reducing or affecting
  the amounts of certain statutorily dedicated fees.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Article 102.015, Code of Criminal Procedure, is
  amended by amending Subsection (g) and adding Subsections (g-1) and
  (h-1) to read as follows:
         (g)  The comptroller shall deposit the funds received under
  this article to the credit of a dedicated account in the general
  revenue fund to be known as the truancy prevention and diversion
  fund. Subject to Subsection (g-1), the [The] legislature may
  appropriate money from the account only to:
               
               (1)  the criminal justice division of the governor's
  office for distribution to local governmental entities for truancy
  prevention and intervention services; and
               (2)  the Texas Education Agency for distribution to
  school districts for truancy prevention and intervention services
  and programs.
         (g-1)  The legislature may appropriate money from the
  truancy prevention and diversion fund to the Texas Education Agency
  for a state fiscal biennium only if: 
               (1)  the amount of money appropriated from the fund to
  the criminal justice division of the governor's office for that
  biennium is at least equal to the amount of money appropriated from
  the fund to the criminal justice division of the governor's office
  for the previous state fiscal biennium; and
               (2)  the amount of money appropriated from the fund for
  that biennium does not exceed the amount of money that the
  comptroller will deposit into the fund for that biennium, as
  estimated by the comptroller's biennial revenue estimate.
         (h-1)  A school district may request an amount of money from
  the Texas Education Agency for providing truancy prevention and
  intervention services and programs. The agency may award the
  requested amount based on the availability of appropriated money
  and subject to the application procedures and eligibility
  requirements as determined by agency rules.
         SECTION 2.  Section 56.0092(e), Education Code, is amended
  to read as follows:
         (e)  An appropriation under Subsection (d) must be made in
  accordance with a formula, adopted by coordinating board rule, that
  [the coordinating board determines fairly] allocates the
  appropriated amount only to those eligible institutions at which
  the Texas B-On-time student loan program was underutilized.  For
  purposes of this subsection, the Texas B-On-time student loan
  program is considered to have been underutilized by students of an
  institution [in any period] if the [institution's percentage of
  the] total amount of tuition set aside by the institution [all
  institutions] under the program during the period beginning with
  the 2007 state fiscal year and ending with the 2015 state fiscal
  year [during the period] was greater than the total amount of
  assistance received by the institution's students [institution's
  percentage of all students who received a Texas B-On-time student
  loan] under the program during that [for the same] period. The
  formula must allocate the appropriated amount among those
  institutions so that each institution receives a percentage of the
  amount appropriated that is proportional to the institution's share
  of the total amount of unused set-asides for the period contributed
  by those institutions. For purposes of this subsection, the amount
  of an institution's unused set-asides is the amount by which the
  total amount of tuition set aside by the institution under the
  program exceeds the total amount of assistance received by the
  institution's students under the program [The coordinating board
  shall base the coordinating board's determination on a period of
  academic years occurring before the 2015-2016 academic year that
  the coordinating board considers representative of eligible
  institutions' student participation in the Texas B-On-time student
  loan program].
         SECTION 3.  Section 134.004(b), Education Code, is amended
  to read as follows:
         (b)  Grants may be awarded under this chapter [from the Jobs
  and Education for Texans (JET) fund] to defray the start-up costs
  associated with the development of new career and technical
  education programs at public junior colleges, public technical
  institutes, public state colleges, and independent school
  districts described under Section 134.007 that meet the
  requirements of Section 134.006.
         SECTION 4.  Section 403.095, Government Code, is amended by
  amending Subsections (b), (d), and (f) and adding Subsection (e) 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, 2021 [2019], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 86th [85th] 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 86th [85th]
  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)  Notwithstanding Subsection (b), dedicated revenues in
  the following accounts or funds or that by law are directed to be
  deposited to the credit of the following accounts or funds are not
  available for general governmental purposes and are not considered
  available for certification under Section 403.121:
               (1)  the Texas Department of Insurance operating
  account no. 0036;
               (2)  the lifetime license endowment account no. 0544;
               (3)  the permanent fund for health and tobacco
  education and enforcement account no. 5044;
               (4)  the permanent fund for children and public health
  account no. 5045;
               (5)  the permanent fund for emergency medical services
  and trauma care account no. 5046;
               (6)  the permanent fund for rural health facility
  capital improvement account no. 5047;
               (7)  the permanent hospital fund for capital
  improvements and the Texas Center for Infectious Disease account
  no. 5048;
               (8)  the child abuse and neglect prevention operating
  fund account no. 5084;
               (9)  the child abuse and neglect prevention trust fund
  account no. 5085; and
               (10)  the separate fund account of each institution of
  higher education in the general revenue fund.
         (f)  This section expires September 1, 2021 [2019].
         SECTION 5.  Section 386.051(b), Health and Safety Code, is
  amended to read as follows:
         (b)  Under the plan, the commission and the comptroller shall
  provide grants or other funding for:
               (1)  the diesel emissions reduction incentive program
  established under Subchapter C, including for infrastructure
  projects established under that subchapter;
               (2)  the motor vehicle purchase or lease incentive
  program established under Subchapter D;
               (3)  the air quality research support program
  established under Chapter 387;
               (4)  the clean school bus program established under
  Chapter 390;
               (5)  the new technology implementation grant program
  established under Chapter 391;
               (6)  the regional air monitoring program established
  under Section 386.252(a);
               (7)  a health effects study as provided by Section
  386.252(a);
               (8)  air quality planning activities as provided by
  Section 386.252(d);
               (9)  a contract with the Energy Systems Laboratory at
  the Texas A&M Engineering Experiment Station for computation of
  creditable statewide emissions reductions as provided by Section
  386.252(a);
               (10)  the clean fleet program established under Chapter
  392;
               (11)  the alternative fueling facilities program
  established under Chapter 393;
               (12)  the natural gas vehicle grant program established
  under Chapter 394;
               (13)  other programs the commission may develop that
  lead to reduced emissions of nitrogen oxides, particulate matter,
  or volatile organic compounds in a nonattainment area or affected
  county;
               (14)  other programs the commission may develop that
  support congestion mitigation to reduce mobile source ozone
  precursor emissions;
               (15)  the seaport and rail yard areas emissions
  reduction program established under Subchapter D-1;
               (16)  conducting research and other activities
  associated with making any necessary demonstrations to the United
  States Environmental Protection Agency to account for the impact of
  foreign emissions or an exceptional event;
               (17)  studies of or pilot programs for incentives for
  port authorities located in nonattainment areas or affected
  counties as provided by Section 386.252(a); [and]
               (18)  the governmental alternative fuel fleet grant
  program established under Chapter 395;
               (19)  energy efficiency upgrades for state facilities;
               (20)  a vehicle emissions inspection and maintenance
  program administered by the Department of Public Safety; and
               (21)  a contract with the Texas A&M Transportation
  Institute to conduct a study as provided by Section 386.252(a).
         SECTION 6.  Section 386.252(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Money in the fund may be used only to implement and
  administer programs established under the plan.  Subject to the
  reallocation of funds by the commission under Subsection (h), money
  appropriated to the commission to be used for the programs under
  Section 386.051(b) shall initially be allocated as follows:
               (1)  four percent may be used for the clean school bus
  program under Chapter 390;
               (2)  three percent may be used for the new technology
  implementation grant program under Chapter 391, from which at least
  $1 million will be set aside for electricity storage projects
  related to renewable energy;
               (3)  five percent may be used for the Texas clean fleet
  program under Chapter 392;
               (4)  not more than $3 million may be used by the
  commission to fund a regional air monitoring program in commission
  Regions 3 and 4 to be implemented under the commission's oversight,
  including direction regarding the type, number, location, and
  operation of, and data validation practices for, monitors funded by
  the program through a regional nonprofit entity located in North
  Texas having representation from counties, municipalities, higher
  education institutions, and private sector interests across the
  area;
               (5)  10 percent may be used for the Texas natural gas
  vehicle grant program under Chapter 394;
               (6)  not more than $6 million may be used for the Texas
  alternative fueling facilities program under Chapter 393, of which
  a specified amount may be used for fueling stations to provide
  natural gas fuel, except that money may not be allocated for the
  Texas alternative fueling facilities program for the state fiscal
  year ending August 31, 2019;
               (7)  not more than $750,000 may be used each year to
  support research related to air quality as provided by Chapter 387;
               (8)  not more than $200,000 may be used for a health
  effects study;
               (9)  at least $6 million but not more than $8 million is
  allocated to the commission for administrative costs, including all
  direct and indirect costs for administering the plan, costs for
  conducting outreach and education activities, and costs
  attributable to the review or approval of applications for
  marketable emissions reduction credits;
               (10)  six percent may be used by the commission for the
  seaport and rail yard areas emissions reduction program established
  under Subchapter D-1;
               (11)  five percent may be used for the light-duty motor
  vehicle purchase or lease incentive program established under
  Subchapter D;
               (12)  not more than $216,000 is allocated to the
  commission to contract with the Energy Systems Laboratory at the
  Texas A&M Engineering Experiment Station annually for the
  development and annual computation of creditable statewide
  emissions reductions obtained through wind and other renewable
  energy resources for the state implementation plan;
               (13)  not more than $500,000 may be used for studies of
  or pilot programs for incentives for port authorities located in
  nonattainment areas or affected counties to encourage cargo
  movement that reduces emissions of nitrogen oxides and particulate
  matter; [and]
               (14)  not more than $250,000 shall be allocated to the
  commission to contract with the Texas A&M Transportation Institute
  to conduct a study to evaluate the relationship between traffic
  congestion and ozone precursors and to identify effective
  strategies in reducing nitrogen oxide emissions from
  transportation sources; and
               (15)  the balance is to be used by the commission for
  the diesel emissions reduction incentive program under Subchapter C
  as determined by the commission.
         SECTION 7.  Section 40.151, Natural Resources Code, is
  amended by amending Subsections (a) and (b) and adding Subsection
  (e) to read as follows:
         (a)  The purpose of this subchapter is to provide immediately
  available funds for:
               (1)  response to all unauthorized discharges, [for]
  cleanup of pollution from unauthorized discharges of oil, and [for]
  payment of damages from unauthorized discharges of oil;
               (2)  [, and for] erosion response projects under
  Subchapter H, Chapter 33; and
               (3)  coastal resiliency projects identified in the
  Texas Coastal Resiliency Master Plan published by the General Land
  Office in 2017 or a successor plan.
         (b)  The coastal protection fund is established in the state
  treasury to be used by the commissioner as a nonlapsing revolving
  fund only for carrying out the purposes of this chapter and other
  purposes listed in Subsection (a) [of Subchapter H, Chapter 33]. To
  this fund shall be credited all fees, penalties, judgments,
  reimbursements, proceeds from the sale of a vessel or structure
  removed under Section 40.108, money forfeited under Section
  77.119(e), Parks and Wildlife Code, interest or income on the fund,
  and charges provided for in this chapter and the fee revenues
  levied, collected, and credited pursuant to this chapter. The fund
  shall not exceed $50 million.
         (e)  This subchapter does not authorize the General Land
  Office to carry out a coastal resiliency project described by
  Subsection (a)(3) that the General Land Office is not authorized by
  other law to carry out.
         SECTION 8.  Section 40.152(a), Natural Resources Code, is
  amended to read as follows:
         (a)  Money in the fund may be disbursed for the following
  purposes and no others:
               (1)  administrative expenses, personnel and training
  expenses, and equipment maintenance and operating costs related to
  implementation and enforcement of this chapter;
               (2)  response costs related to abatement and
  containment of actual or threatened unauthorized discharges of oil
  incidental to unauthorized discharges of hazardous substances;
               (3)  response costs and damages related to actual or
  threatened unauthorized discharges of oil;
               (4)  assessment, restoration, rehabilitation, or
  replacement of or mitigation of damage to natural resources damaged
  by an unauthorized discharge of oil;
               (5)  in an amount not to exceed $50,000 annually, the
  small spill education program;
               (6)  in an amount not to exceed $1,250,000 annually,
  interagency contracts under Section 40.302;
               (7)  the purchase of response equipment under Section
  40.105 within two years of the effective date of this chapter, in an
  amount not to exceed $4 million; thereafter, for the purchase of
  equipment to replace equipment that is worn or obsolete;
               (8)  other costs and damages authorized by this
  chapter;
               (9)  in an amount not to exceed the interest accruing to
  the fund annually, erosion response projects under Subchapter H,
  Chapter 33; [and]
               (10)  coastal resiliency projects identified in the
  Texas Coastal Resiliency Master Plan published by the General Land
  Office in 2017 or a successor plan; and
               (11)  in conjunction with the Railroad Commission of
  Texas, costs related to the plugging of abandoned or orphaned oil
  wells located on state-owned submerged lands.
         SECTION 9.  Section 40.153, Natural Resources Code, is
  amended to read as follows:
         Sec. 40.153.  REIMBURSEMENT OF FUND. The commissioner shall
  recover to the use of the fund, either from persons responsible for
  the unauthorized discharge or otherwise liable or from the federal
  fund, jointly and severally, all sums owed to or expended from the
  fund. This section does not apply to sums expended under Section
  40.152(a)(9) or (10).
         SECTION 10.  Section 40.161(c), Natural Resources Code, is
  amended to read as follows:
         (c)  This section does not apply to a sum expended under
  Section 40.152(a)(9) or (10).
         SECTION 11.  The following are repealed:
               (1)  Section 134.002, Education Code;
               (2)  Section 411.042(e), Government Code; and
               (3)  Section 111.060, Human Resources Code.
         SECTION 12.  As soon as practicable after the effective date
  of this Act, the comptroller of public accounts shall abolish the
  following accounts and transfer any unobligated and unexpended
  balances in those accounts to the general revenue fund:
               (1)  the Comprehensive Rehabilitation Account
  No. 0107;
               (2)  the Jobs and Education for Texans (JET) Account
  No. 5143; and
               (3)  the Operators and Chauffeurs License Account
  No. 0099.
         SECTION 13.  This Act takes effect September 1, 2019.
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