H.B. No. 4583
 
 
 
 
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