Bill Text: TX HB6 | 2013-2014 | 83rd Legislature | Enrolled
Bill Title: Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue, and the exemption of unappropriated money from use for general governmental purposes.
Spectrum: Moderate Partisan Bill (Republican 11-2)
Status: (Passed) 2013-06-14 - See remarks for effective date [HB6 Detail]
Download: Texas-2013-HB6-Enrolled.html
H.B. No. 6 |
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relating to the creation and re-creation of funds and accounts, 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 or the | ||
judicial 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 by an Act of the 83rd | ||
Legislature, Regular Session, 2013, that becomes law and all | ||
dedications or rededications of revenue collected by a state agency | ||
for a particular purpose by an Act of the 83rd Legislature, Regular | ||
Session, 2013, that becomes law are abolished on the later of August | ||
31, 2013, 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 83rd 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. FEDERAL FUNDS. Section 2 of this Act does not | ||
apply to funds created pursuant to an Act of the 83rd Legislature, | ||
Regular Session, 2013, 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 5. TRUST FUNDS. Section 2 of this Act does not | ||
apply to trust funds or dedicated revenue deposited to trust funds | ||
created under an Act of the 83rd Legislature, Regular Session, | ||
2013, 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. | ||
SECTION 6. BOND FUNDS. Section 2 of this Act does not apply | ||
to bond funds and pledged funds created or affected by an Act of the | ||
83rd Legislature, Regular Session, 2013, 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 7. 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 83rd Legislature, Regular Session, 2013, | ||
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 8. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE FEES. | ||
Section 2 of this Act does not apply to a new account created for | ||
receipt of fees for special license plates or for receipt of related | ||
revenue, gifts, or grants as provided by an Act of the 83rd | ||
Legislature, Regular Session, 2013, or to the dedication of revenue | ||
to or contained in the new account. | ||
SECTION 9. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS, | ||
OR REVENUE. Section 2 of this Act does not apply to a newly | ||
authorized dedication of or use of a dedicated fund, a dedicated | ||
account, or dedicated revenue as provided by an Act of the 83rd | ||
Legislature, Regular Session, 2013, to the extent that Act affects | ||
a fund, an account, or revenue that was exempted from funds | ||
consolidation before January 1, 2013. A dedicated fund, a | ||
dedicated account, or dedicated revenue that was exempted from | ||
funds consolidation before January 1, 2013, may be used as an Act of | ||
the 83rd Legislature, Regular Session, 2013, provides, and a change | ||
in the name or authorized use of a previously exempted dedicated | ||
fund or account does not affect the fund's or account's dedicated | ||
nature. | ||
SECTION 10. ACCOUNTS IN GENERAL REVENUE FUND. Effective on | ||
the later of the effective date of the Act creating the account or | ||
August 31, 2013, the following account and the revenue deposited to | ||
the credit of the account are exempt from Section 2 of this Act and | ||
the account is created in the general revenue fund, if created by an | ||
Act of the 83rd Legislature, Regular Session, 2013, that becomes | ||
law: | ||
The statewide electronic filing system fund created as | ||
an account in the general revenue fund by Section 51.852, | ||
Government Code, as added by House Bill No. 2302 or similar | ||
legislation. | ||
SECTION 11. REVENUE DEDICATION. Effective on the later of | ||
the effective date of the Act dedicating or rededicating the | ||
specified revenue or August 31, 2013, the following dedications or | ||
rededications of revenue collected for a particular purpose are | ||
exempt from Section 2 of this Act, if dedicated or rededicated by an | ||
Act of the 83rd Legislature, Regular Session, 2013: | ||
(1) the dedication of penalty revenue to the | ||
compensation to victims of crime fund as provided by House Bill No. | ||
508 or similar legislation; | ||
(2) the dedication of fee and penalty revenue for | ||
deposit to and revenue held in the oyster sales account in the | ||
general revenue fund provided by House Bill No. 1903 or similar | ||
legislation; | ||
(3) the dedication of voluntary contributions for | ||
deposit to the fund for veterans' assistance provided by House Bill | ||
No. 633 or similar legislation; | ||
(4) the rededication of revenue held in the system | ||
benefit fund as provided by House Bill No. 7 or similar legislation; | ||
(5) the dedication of fee revenue collected under | ||
Section 91.0115, Natural Resources Code, for deposit to the oil and | ||
gas regulation and cleanup fund as provided by House Bill No. 7 or | ||
similar legislation; | ||
(6) the dedication of tax revenue imposed under | ||
Chapter 171, Tax Code, for deposit to the property tax relief fund | ||
as provided by Section 171.664 of that code, as added by House Bill | ||
No. 800 or similar legislation; | ||
(7) the allocation of tax revenue for deposit to the | ||
credit of the available school fund and to the credit of the state | ||
highway fund as provided by Section 162.506, Tax Code, as added by | ||
House Bill No. 2148 or similar legislation; | ||
(8) the dedication of amounts for deposit to the | ||
compensation to victims of crime fund as provided by Section | ||
140.012, Civil Practice and Remedies Code, as added by House Bill | ||
No. 3241 or similar legislation; | ||
(9) the dedication of fees and court costs for deposit | ||
to the statewide electronic filing system fund as provided by | ||
Section 51.851, Government Code, as added by House Bill No. 2302 or | ||
similar legislation; and | ||
(10) the allocation of money received by the attorney | ||
general as provided by Section 402.007, Government Code, as amended | ||
by House Bill No. 1445 or similar legislation. | ||
SECTION 12. SEPARATE FUNDS IN THE TREASURY. (a) Effective | ||
on the later of the effective date of the Act creating or | ||
re-creating the specified fund or August 31, 2013, the following | ||
funds, if created by an Act of the 83rd Legislature, Regular | ||
Session, 2013, the revenue deposited to the funds, and the revenue | ||
dedicated for deposit to the funds, are exempt from Section 2 of | ||
this Act and the funds are created as separate funds in the state | ||
treasury: | ||
(1) the Texas economic development fund, created as a | ||
fund in the state treasury by Senate Bill No. 1214 or similar | ||
legislation; | ||
(2) the permanent fund supporting military and | ||
veterans exemptions, created as a special fund in the treasury by | ||
Senate Bill No. 1158 or similar legislation; | ||
(3) the habitat protection and research fund held | ||
inside the treasury as provided by Section 490F.404, Government | ||
Code, as added by House Bill No. 3509 or similar legislation; and | ||
(4) the transportation infrastructure fund created in | ||
the state treasury by Section 256.102, Transportation Code, as | ||
added by Senate Bill No. 1747 or similar legislation. | ||
(b) Section 2 of this Act does not apply to the State Water | ||
Implementation Fund for Texas or to the State Water Implementation | ||
Revenue Fund for Texas in the state treasury as established by House | ||
Bill No. 4 of the 83rd Legislature, Regular Session, 2013, to | ||
implement the creation of those funds by the constitutional | ||
amendment proposed by Senate Joint Resolution No. 1, 83rd | ||
Legislature, Regular Session, 2013, except that those funds are not | ||
created if the voters do not approve of that constitutional | ||
amendment at an election held November 5, 2013. | ||
SECTION 13. MONEY TRANSFERRED ON DISSOLUTION OF TEXAS | ||
HEALTH INSURANCE POOL; ACCOUNT. Section 2 of this Act does not | ||
apply to the account created in the Texas Treasury Safekeeping | ||
Trust Company for the purposes of Section 6 of Senate Bill No. 1367 | ||
or similar legislation of the 83rd Legislature, Regular Session, | ||
2013, and does not apply to the revenue dedicated for deposit to | ||
that account. | ||
SECTION 14. DEDICATION OF ASSESSMENTS AND FEES RELATING TO | ||
EXAMINATION OF INSURERS. Section 2 of this Act does not apply to | ||
the dedication of assessments or fee revenue under Section 401.156, | ||
Insurance Code, as provided by Senate Bill No. 1665 or similar | ||
legislation of the 83rd Legislature, Regular Session, 2013. | ||
SECTION 15. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. | ||
Effective September 1, 2013, 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 | ||
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 83rd [ |
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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 83rd [ |
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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 [ |
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SECTION 16. EFFECT OF ACT. (a) This Act prevails over any | ||
other Act of the 83rd Legislature, Regular Session, 2013, | ||
regardless of the relative dates of enactment, that purports to | ||
create or re-create a special fund or account 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) An exemption from the application of Section 403.095, | ||
Government Code, contained in another Act of the 83rd Legislature, | ||
Regular Session, 2013, that is exempted from the application of | ||
Section 2 of this Act has no effect. | ||
(c) Revenue that, under the terms of another Act of the 83rd | ||
Legislature, Regular Session, 2013, 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 17. EFFECTIVE DATE. Except as otherwise provided | ||
by this Act: | ||
(1) 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; and | ||
(2) 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. 6 was passed by the House on May 2, | ||
2013, by the following vote: Yeas 144, Nays 1, 2 present, not | ||
voting; that the House refused to concur in Senate amendments to | ||
H.B. No. 6 on May 24, 2013, 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. 6 on May 26, 2013, by the following vote: Yeas 143, | ||
Nays 4, 1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 6 was passed by the Senate, with | ||
amendments, on May 21, 2013, 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. | ||
6 on May 26, 2013, by the following vote: Yeas 30, Nays 1. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |