Bill Text: TX HB6 | 2015-2016 | 84th Legislature | Engrossed
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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: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-19 - See remarks for effective date [HB6 Detail]
Download: Texas-2015-HB6-Engrossed.html
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: Slight Partisan Bill (Republican 4-2)
Status: (Passed) 2015-06-19 - See remarks for effective date [HB6 Detail]
Download: Texas-2015-HB6-Engrossed.html
By: Otto, Frank, et al. | 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 84th | ||
Legislature, Regular Session, 2015, that becomes law and all | ||
dedications or rededications of revenue collected by a state agency | ||
for a particular purpose by an Act of the 84th Legislature, Regular | ||
Session, 2015, that becomes law are abolished on the later of August | ||
31, 2015, 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 84th 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 under an Act of the 84th Legislature, Regular | ||
Session, 2015, 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 84th Legislature, Regular Session, | ||
2015, 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 | ||
84th Legislature, Regular Session, 2015, 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 84th Legislature, Regular Session, 2015, | ||
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. 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 84th | ||
Legislature, Regular Session, 2015, to the extent that Act affects | ||
a fund, an account, or revenue that was exempted from funds | ||
consolidation before January 1, 2015. A dedicated fund, a | ||
dedicated account, or dedicated revenue that was exempted from | ||
funds consolidation before January 1, 2015, may be used as an Act of | ||
the 84th Legislature, Regular Session, 2015, 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 9. TEXAS DEPARTMENT OF MOTOR VEHICLES FUND. On | ||
September 1, 2015, the Texas Department of Motor Vehicles fund | ||
created by Section 1001.151, Transportation Code, as enacted by | ||
Section 71, Chapter 1287 (H.B. 2202), Acts of the 83rd Legislature, | ||
Regular Session, 2013, is re-created by this Act as a special fund | ||
in the state treasury outside the general revenue fund, and all | ||
revenue dedicated for deposit to the credit of the Texas Department | ||
of Motor Vehicles fund by a provision of Chapter 1287 (H.B. 2202), | ||
Acts of the 83rd Legislature, Regular Session, 2013, is rededicated | ||
by this Act for that purpose. Section 2 of this Act does not apply | ||
to the fund as re-created by this Act or a dedication of revenue to | ||
the fund as rededicated by this Act. | ||
SECTION 10. ENVIRONMENTAL RADIATION AND PERPETUAL CARE | ||
ACCOUNT. On September 1, 2015, the environmental radiation and | ||
perpetual care account created by Section 401.306, Health and | ||
Safety Code, as enacted by Section 12, Chapter 1159 (S.B. 347), Acts | ||
of the 83rd Legislature, Regular Session, 2013, is re-created by | ||
this Act as an account in the general revenue fund, and all revenue | ||
dedicated for deposit to the credit of the environmental radiation | ||
and perpetual care account by a provision of Chapter 1159 (S.B. | ||
347), Acts of the 83rd Legislature, Regular Session, 2013, is | ||
rededicated by this Act for that purpose. Section 2 of this Act | ||
does not apply to the account as re-created by this Act or a | ||
dedication of revenue to the account as rededicated by this Act. | ||
SECTION 11. SPECIAL FUND FOR MONEY RECEIVED FROM FEDERAL | ||
GOVERNMENT. Section 2 of this Act does not apply to a special fund | ||
in the state treasury established by the comptroller of public | ||
accounts for the purpose of holding money received from the federal | ||
government as authorized by House Bill No. 8, or by similar | ||
legislation of the 84th Legislature, Regular Session, 2015, that | ||
becomes law. | ||
SECTION 12. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. | ||
Effective September 1, 2015, Section 403.095, Government Code, is | ||
amended by amending Subsections (b), (d), and (e) and adding | ||
Subsection (f) 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, 2017 [ |
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 84th [ |
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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 84th [ |
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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) 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 unemployment compensation special | ||
administration fund no. 0165; | ||
(3) the lifetime license endowment account no. 0544; | ||
(4) the permanent fund for health and tobacco | ||
education and enforcement account no. 5044; | ||
(5) the permanent fund for children and public health | ||
account no. 5045; | ||
(6) the permanent fund for emergency medical services | ||
and trauma care account no. 5046; | ||
(7) the permanent fund for rural health facility | ||
capital improvement account no. 5047; | ||
(8) the permanent hospital fund for capital | ||
improvements and the Texas Center for Infectious Disease account | ||
no. 5048; | ||
(9) the child abuse and neglect prevention operating | ||
fund account no. 5084; | ||
(10) the child abuse and neglect prevention trust fund | ||
account no. 5085; and | ||
(11) the separate fund account of each institution of | ||
higher education in the general revenue fund. | ||
(f) This section expires September 1, 2017 [ |
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SECTION 13. EFFECT OF ACT. (a) This Act prevails over any | ||
other Act of the 84th Legislature, Regular Session, 2015, | ||
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 84th Legislature, | ||
Regular Session, 2015, 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 84th | ||
Legislature, Regular Session, 2015, 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 14. EFFECTIVE DATE. Except as otherwise provided | ||
by this Act: | ||
(1) this Act takes effect immediately if this Act | ||
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. |