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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 80th Legislature, Regular Session, 2007, 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 80th Legislature, Regular Session, 2007, |
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that becomes law are abolished on the later of August 27, 2007, 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 80th 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 27, 2007, 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 80th Legislature, Regular |
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Session, 2007, that becomes law: |
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(1) the fire prevention and public safety account |
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created by House Bill No. 2935 or similar legislation; |
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(2) the premium payment assistance account created by |
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House Bill No. 1751 or similar legislation; |
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(3) the Texas health opportunity pool created by |
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Senate Bill No. 10 or similar legislation; |
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(4) the regional trauma account created by Senate Bill |
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No. 125 or similar legislation; |
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(5) the transportation reinvestment fund created by |
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Senate Bill No. 1266, House Bill No. 3722, or similar legislation; |
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(6) the cancer prevention and research fund created by |
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House Bill No. 14 or similar legislation; and |
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(7) the nursing home quality assurance fee account |
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created by House Bill No. 3778 or similar legislation. |
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SECTION 5. FUNDS TO BECOME ACCOUNTS. Effective on the later |
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of August 27, 2007, or the date the Act creating or re-creating the |
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fund takes effect, a fund in the state treasury or fund otherwise |
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with the comptroller, if listed in this section, is re-created as an |
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account in the general revenue fund, to the extent allowed by the |
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Texas Constitution, and the account and the revenue deposited to |
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the credit of the account are exempt from Section 2 of this Act, if |
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created or re-created by an Act of, or constitutional amendment |
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proposed by, the 80th Legislature, Regular Session, 2007, that |
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becomes law or is approved by the voters, as applicable. |
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SECTION 6. REVENUE DEDICATION. Effective on the later of |
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August 27, 2007, 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 80th Legislature, Regular Session, 2007, that becomes |
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law: |
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(1) all dedications or rededications made by House |
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Bill No. 2935 or similar legislation; |
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(2) all dedications or rededications to the sexual |
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assault program fund, the premium payment assistance account, or |
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the Texas health opportunity pool made by House Bill No. 1751 or |
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similar legislation; |
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(3) all dedications or rededications of revenue from |
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civil or administrative penalties made by Senate Bill No. 125 or |
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similar legislation; |
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(4) the dedication or rededication of fee revenue made |
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by House Bill No. 481 or similar legislation; |
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(5) all dedications or rededications to the state |
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highway fund; |
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(6) all dedications or rededications of revenue |
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collected by the Parks and Wildlife Department; |
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(7) all dedications or rededications of revenue to the |
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Texas Department of Insurance operating account; |
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(8) all dedications or rededications of revenue made |
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by House Bill Nos. 3168 and 1673 or similar legislation; and |
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(9) all dedications or rededications to General |
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Revenue Account No. 19--Vital Statistics that are made by Senate |
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Bill No. 47, House Bill No. 1377, or similar legislation. |
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SECTION 7. FEDERAL FUNDS. Section 2 of this Act does not |
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apply to funds created pursuant to an Act of the 80th Legislature, |
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Regular Session, 2007, 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 8. 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 80th Legislature, Regular Session, |
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2007, 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) Notwithstanding Subsection (a) of this section, the |
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following trust funds if created under an Act of the 80th |
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Legislature, Regular Session, 2007, that becomes law shall be held |
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outside the state treasury, regardless of the comptroller's |
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approval: |
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(1) the Texas tomorrow fund II prepaid tuition unit |
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undergraduate education program fund created by House Bill No. 3900 |
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or similar legislation; and |
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(2) the Texas health opportunity pool trust fund |
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created by Senate Bill No. 10 or similar legislation. |
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SECTION 9. 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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80th Legislature, Regular Session, 2007, 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 10. CONSTITUTIONAL FUNDS. 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 80th Legislature, Regular |
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Session, 2007, 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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SECTION 11. SEPARATE FUNDS IN THE TREASURY. Effective |
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September 1, 2007, if the fund is listed in this section, a fund in |
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the state treasury and the revenue deposited to the credit of the |
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fund is exempt from Section 2 of this Act and is created as a |
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separate fund in the state treasury, if created by an Act of the |
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80th Legislature, Regular Session, 2007, that becomes law. |
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SECTION 12. CONTINGENT DEDICATION. Contingent on Senate |
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Bill No. 1562 or similar legislation concerning animal control |
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officer training being enacted by the 80th Legislature, Regular |
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Session, 2007, and becoming law, a fee collected by the Department |
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of State Health Services to cover the cost of arranging and |
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conducting an animal control course may be appropriated only to the |
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Department of State Health Services for the purpose of paying the |
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costs of arranging and conducting the course. Section 2 of this Act |
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does not apply to the dedication of revenue made by this section. |
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SECTION 13. ACCOUNTS IN JUDICIAL FUND AND RELATED |
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DEDICATIONS OF REVENUE. Section 2 of this Act does not apply to: |
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(1) the supreme court support account created in the |
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judicial fund by Senate Bill No. 1182 or similar legislation; or |
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(2) dedications of fee revenue deposited to the credit |
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of the account described by Subdivision (1) of this section in |
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accordance with the provisions of Senate Bill No. 1182 or similar |
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legislation. |
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SECTION 14. EFFECT OF SECTION 2 OF THIS ACT ON CERTAIN FUNDS |
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OF TEXAS WINDSTORM INSURANCE ASSOCIATION. Section 2 of this Act |
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does not apply to any fund, account, or dedication of revenue that |
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is created or re-created by House Bill No. 2960, Acts of the 80th |
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Legislature, Regular Session, 2007, or to which House Bill No. 2960 |
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refers, including: |
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(1) the catastrophe reserve trust fund created under |
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Subchapter J, Chapter 2210, Insurance Code; |
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(2) the dedicated trust fund created under Section |
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2210.607, Insurance Code, as added by H.B. No. 2960; and |
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(3) premium surcharges collected by the Texas |
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Windstorm Insurance Association under Section 2210.058, Insurance |
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Code, as amended by H.B. No. 2960. |
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SECTION 15. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2007, 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, 2009 [2007], 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 80th [79th] 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 80th [79th] |
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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, 2009 [2007]. |
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SECTION 16. PERMANENT FUND FOR VETERANS' ASSISTANCE. (a) |
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Section 403.108, Government Code, is transferred to Subchapter A, |
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Chapter 434, Government Code, redesignated as Section 434.017, and |
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amended to read as follows: |
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Sec. 434.017 [403.108]. [PERMANENT] FUND FOR VETERANS' |
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ASSISTANCE. (a) The [permanent] fund for veterans' assistance is a |
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special fund in the state treasury outside the general revenue |
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fund. The fund is composed of: |
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(1) money transferred to the fund at the direction of |
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the legislature; |
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(2) gifts and grants contributed to the fund; and |
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(3) the [available] earnings of the fund [determined
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in accordance with Section 403.1068]. |
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(b) Except as provided by Subsections (c) and (e), money in |
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the fund may not be appropriated for any purpose. |
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(c) Money in [The available earnings of] the fund may be |
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appropriated to the Texas Veterans Commission to: |
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(1) enhance or improve veterans' assistance programs, |
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including veterans' representation and counseling; and |
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(2) make grants to local communities to address |
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veterans' needs. |
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(d) The Texas Veterans Commission may adopt rules governing |
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the award of grants by the commission under this section. |
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(e) The comptroller may solicit and accept gifts and grants |
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to the fund. A gift or grant to the fund may be appropriated in the |
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same manner as other money in [the available earnings of] the fund, |
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subject to any limitation or requirement placed on the gift or grant |
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by the donor or granting entity. |
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(f) Sections 403.095 and 404.071 do not apply to the fund. |
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(b) Section 403.1068(a), Government Code, is amended to |
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read as follows: |
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(a) This section applies only to management of the permanent |
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funds established under Sections 403.105, 403.1055, 403.106, |
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403.1065, and 403.1066[, and 403.108]. |
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(c) Effective August 27, 2007, the fund for veterans' |
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assistance is re-created as a special fund in the state treasury |
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outside the general revenue fund, and the fund and the revenue |
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deposited to the credit of the fund are exempt from Section 2 of |
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this Act. |
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SECTION 17. EFFECT OF ACT. (a) This Act prevails over any |
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other Act of the 80th Legislature, Regular Session, 2007, |
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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) Revenues that, under the terms of another Act of the |
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80th Legislature, Regular Session, 2007, 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 18. 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. 3107 was passed by the House on May |
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10, 2007, by the following vote: Yeas 116, Nays 1, 1 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 3107 on May 25, 2007, by the following vote: Yeas 138, Nays 0, |
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2 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. 3107 was passed by the Senate, with |
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amendments, on May 23, 2007, by the following vote: Yeas 31, Nays |
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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 |