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AN ACT
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relating to the creation and re-creation of funds and accounts, the |
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dedication and rededication of revenue, and the exemption of |
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unappropriated money from use for general 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 or |
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judicial branch of state government, has authority that is not |
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limited to a geographical portion of the state, and was created by |
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the constitution or a statute of this state. The term does not |
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include an institution of higher education as defined by Section |
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61.003, 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 by an Act of the 82nd |
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Legislature, Regular Session, 2011, that becomes law and all |
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dedications or rededications of revenue or otherwise collected by a |
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state agency for a particular purpose by an Act of the 82nd |
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Legislature, Regular Session, 2011, that becomes law are abolished |
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on the later of August 31, 2011, or the date the Act creating or |
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re-creating the fund or account or dedicating or rededicating |
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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 82nd 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 Subsection (h), Section 403.094, Government |
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Code, at the time dedications, accounts, and funds were abolished |
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under that 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. FEDERAL FUNDS. Section 2 of this Act does not |
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apply to funds created pursuant to an Act of the 82nd Legislature, |
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Regular Session, 2011, 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 5. TRUST FUNDS. 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 82nd Legislature, Regular Session, |
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2011, except that the trust funds shall be held in the state |
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treasury, with the comptroller of public accounts in trust, or |
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outside the state treasury with the comptroller's approval. |
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SECTION 6. 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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82nd Legislature, Regular Session, 2011, except that the funds |
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shall be held in the state treasury, with the comptroller of public |
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accounts in trust, or outside the state treasury with the |
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comptroller's approval. |
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SECTION 7. CONSTITUTIONAL FUNDS. Section 2 of this Act does |
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not apply to funds or accounts that would be created or re-created |
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by the Texas Constitution or revenue that would be dedicated or |
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rededicated by the Texas Constitution under a constitutional |
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amendment proposed by the 82nd Legislature, Regular Session, 2011, |
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or to dedicated revenue deposited to funds or accounts that would be |
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so created or re-created, if the constitutional amendment is |
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approved by the voters. |
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SECTION 8. CREATION OF NEW ACCOUNTS FOR LICENSE PLATE FEES. |
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Section 2 of this Act does not apply to a new account created in the |
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general revenue fund for receipt of fees for special license plates |
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or for receipt of related revenue, gifts, or grants as provided by |
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an Act of the 82nd Legislature, Regular Session, 2011, or to the |
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dedication of revenue to or contained in the new account. |
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SECTION 9. ADDITIONAL USES FOR DEDICATED FUNDS, ACCOUNTS, |
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OR REVENUES. Section 2 of this Act does not apply to a newly |
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authorized dedication of or use of a dedicated fund, a dedicated |
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account, or dedicated revenues as provided by an Act of the 82nd |
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Legislature, Regular Session, 2011, to the extent that Act affects |
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a fund, an account, or revenues that were exempted from funds |
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consolidation before January 1, 2011. A dedicated fund, a |
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dedicated account, or dedicated revenues that were exempted from |
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funds consolidation before January 1, 2011, may be used as an Act of |
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the 82nd Legislature, Regular Session, 2011, provides, and a change |
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in the name or authorized use of a previously exempted dedicated |
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fund or account does not affect the fund's or account's dedicated |
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nature. |
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SECTION 10. ACCOUNTS IN GENERAL REVENUE FUND. Effective on |
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the later of the effective date of the Act creating or re-creating |
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the account or August 31, 2011, the following accounts and the |
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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 82nd Legislature, Regular |
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Session, 2011, that becomes law: |
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(1) the driver's license system improvement account |
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created as a dedicated account in the general revenue fund by Senate |
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Bill No. 9, Senate Bill No. 1583, or similar legislation; |
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(2) the judicial and court personnel training fund |
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created as a dedicated account in the general revenue fund by Senate |
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Bill No. 1582, Senate Bill No. 1811, House Bill No. 3648, or similar |
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legislation; |
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(3) the oil and gas regulation and cleanup fund |
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created by Senate Bill No. 655, Senate Bill No. 1584, House Bill No. |
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3106, or similar legislation, except that, regardless of any |
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provision of that legislation, the oil and gas regulation and |
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cleanup fund is created as a dedicated account in the general |
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revenue fund; |
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(4) the fund for veterans' assistance re-created as a |
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special fund in the state treasury outside the general revenue fund |
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by Senate Bill No. 1635, Senate Bill No. 1739, House Bill No. 1172, |
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House Bill No. 3179, or similar legislation; |
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(5) the judicial access and improvement account |
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created as a dedicated account in the general revenue fund by Senate |
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Bill No. 1811, House Bill No. 2174, or similar legislation; |
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(6) the low-level radioactive waste disposal compact |
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commission account created as an account in the general revenue |
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fund by House Bill No. 2694 or similar legislation; |
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(7) the Alamo complex account created as a separate |
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account in the general revenue fund by House Bill No. 3726, Senate |
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Bill No. 1841, or similar legislation; and |
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(8) the emergency radio infrastructure account |
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created by House Bill No. 442 or similar legislation. |
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SECTION 11. REVENUE DEDICATION. Effective on the later of |
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the effective date of the Act dedicating or rededicating the |
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revenue or August 31, 2011, the following dedications or |
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rededications of revenue collected by a state agency for a |
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particular purpose are exempt from Section 2 of this Act, if |
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dedicated or rededicated by an Act of the 82nd Legislature, Regular |
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Session, 2011, that becomes law: |
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(1) the dedication of all fees to be deposited to the |
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credit of the driver's license system improvement account as |
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provided by Senate Bill No. 9, Senate Bill No. 1583, or similar |
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legislation; |
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(2) the dedication of amounts to be deposited to the |
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credit of the charter district bond guarantee reserve fund as |
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provided by Senate Bill No. 597, House Bill No. 1437, or similar |
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legislation; |
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(3) the dedication of charges collected under |
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Subsection (g), Section 151.158, Tax Code, as provided by Senate |
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Bill No. 776, Senate Bill No. 1811, or similar legislation; |
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(4) the dedication of the additional annual fee to be |
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deposited to the credit of the scholarship trust fund for |
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fifth-year accounting students as provided by Senate Bill No. 777, |
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House Bill No. 1521, or similar legislation; |
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(5) the dedication of fees imposed under Subsection |
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(a), Section 2054.380, Government Code, as provided by Senate Bill |
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No. 1579, House Bill No. 3665, or similar legislation; |
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(6) the dedication of fees to be charged for process |
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server certification and renewal of certification as provided by |
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Senate Bill No. 1582, Senate Bill No. 1811, House Bill No. 1614, |
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House Bill No. 3648, or similar legislation; |
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(7) all dedications of revenue for deposit to the |
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credit of the oil and gas regulation and cleanup fund as provided by |
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Senate Bill No. 655, Senate Bill No. 1584, House Bill No. 3106, or |
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similar legislation; |
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(8) the dedication of the enrollment fees to be |
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deposited to the credit of the employees life, accident, and health |
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insurance and benefits fund under Section 1551.3076, Insurance |
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Code, as provided by Senate Bill No. 1664, Senate Bill No. 1811, or |
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similar legislation; |
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(9) the dedication of contributions made under Section |
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502.1746, Transportation Code, as provided by Senate Bill No. 1635, |
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House Bill No. 3179, or similar legislation; |
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(10) the dedication of contributions, gifts, grants, |
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and promotional campaign proceeds received by the Parks and |
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Wildlife Department under Subchapter J-1, Chapter 11, Parks and |
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Wildlife Code, as provided by Senate Bill No. 1584, House Bill No. |
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1300, House Bill No. 3418, or similar legislation; |
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(11) the dedication of licensing fees received under |
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Section 13.0155, Parks and Wildlife Code, as provided by Senate |
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Bill No. 1584, House Bill No. 1300, House Bill No. 3418, or similar |
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legislation; |
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(12) the dedication of contributions received under |
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Section 502.1747, Transportation Code, as provided by Senate Bill |
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No. 1584, House Bill No. 1301, House Bill No. 3418, or similar |
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legislation; |
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(13) the dedication of all fees to be deposited to the |
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credit of the sexual assault program fund as provided by Senate Bill |
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No. 23 or similar legislation; |
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(14) the dedication of fees imposed under Subsection |
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(b), Section 1104.052, Occupations Code, as provided by House Bill |
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No. 1146, or similar legislation; |
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(15) the dedication of the revenue generated under |
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House Bill No. 442, or similar legislation, for the purpose of |
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creating an interoperable statewide emergency radio |
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infrastructure; |
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(16) all dedications or rededications of revenue to an |
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account of a Self-Directed, Semi-Independent Agency with the Texas |
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Treasury Safekeeping Trust Company by any Act of the 82nd |
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Legislature, Regular Session, 2011; |
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(17) all dedications or rededications of revenue to |
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the Texas Department of Insurance Operating Account by any Act of |
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the 82nd Legislature, Regular Session, 2011; |
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(18) all dedications or rededications of revenue to |
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the State Highway Fund by any Act of the 82nd Legislature, Regular |
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Session, 2011; and |
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(19) all dedications or rededications of revenue to |
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the Game, Fish, and Water Safety Account by any Act of the 82nd |
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Legislature, Regular Session, 2011. |
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SECTION 12. SEPARATE FUNDS IN THE TREASURY. Effective |
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September 1, 2011, the following funds in the state treasury and the |
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revenue deposited to the credit of the funds, if created by an Act |
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of the 82nd Legislature, Regular Session, 2011, are exempt from |
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Section 2 of this Act and the funds are created as separate funds in |
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the state treasury: |
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(1) the charter district bond guarantee reserve fund, |
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created as a special fund in the state treasury outside the general |
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revenue fund by Senate Bill No. 597, House Bill No. 1437, or similar |
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legislation; and |
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(2) the Internet crimes against children account |
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created as a special fund by Senate Bill No. 1843, House Bill No. |
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3746, or similar legislation. |
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SECTION 13. CERTAIN OTHER FUNDS HELD OUTSIDE THE TREASURY. |
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Each of the following funds, if created as a fund held outside the |
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treasury by an Act of the 82nd Legislature, Regular Session, 2011, |
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that becomes law, and revenue deposited to the credit of the funds |
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are exempt from this Act: |
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The Department of Insurance examination local account |
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created in the Texas Treasury Safekeeping Trust Company by Senate |
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Bill No. 1291 or similar legislation. |
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SECTION 14. TRANSFER OF CERTAIN FUNDS. (a) The |
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comptroller of public accounts shall hold the revenue that under |
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Subdivision (11), Subsection (e), Section 133.102, Local |
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Government Code, would be deposited to the credit of the fugitive |
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apprehension account until the effective date of House Bill No. |
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442, Acts of the 82nd Legislature, Regular Session, 2011, or |
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similar legislation creating the emergency radio infrastructure |
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account, and deposit that revenue into the emergency radio |
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infrastructure account on that date. |
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(b) If House Bill No. 442, Acts of the 82nd Legislature, |
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Regular Session, 2011, or similar legislation creating the |
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emergency radio infrastructure account is not enacted, this section |
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has no effect. |
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SECTION 15. SCHOLARSHIP TRUST FUND FOR FIFTH-YEAR |
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ACCOUNTING STUDENTS. (a) Section 2 of this Act does not apply to |
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the scholarship trust fund for fifth-year accounting students |
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re-created as a trust fund outside the state treasury by Senate Bill |
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No. 777, House Bill No. 1521, or similar legislation. |
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(b) The scholarship trust fund for fifth-year accounting |
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students described by Subsection (a) of this section is subject to |
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Section 5 of this Act. |
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SECTION 16. CIVIL JUSTICE DATA REPOSITORY FUND. Effective |
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on the later of August 31, 2011, or the date the Act creating or |
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re-creating the fund takes effect, the Civil Justice Data |
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Repository fund and the revenue deposited to the credit of the fund |
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are exempt from Section 2 of this Act and that fund is created as an |
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account in the general revenue fund, if created or re-created by an |
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Act of the 82nd Legislature, Regular Session, 2011, that becomes |
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law. |
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SECTION 17. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE. |
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Effective September 1, 2011, Subsections (b), (d), and (e), Section |
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403.095, 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, 2013 [2011], 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 82nd [81st] 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 82nd [81st] |
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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, 2013 [2011]. |
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SECTION 18. EFFECT OF ACT. (a) This Act prevails over any |
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other Act of the 82nd Legislature, Regular Session, 2011, |
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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 or to dedicate or |
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rededicate revenue to a particular purpose, including any fund, |
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account, or revenue dedication abolished under former Section |
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403.094, Government Code. |
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(b) An exemption from the application of Section 403.095, |
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Government Code, contained in another Act of the 82nd Legislature, |
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Regular Session, 2011, that is exempted from the application of |
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Section 2 of this Act has no effect. |
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(c) Revenues that, under the terms of another Act of the |
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82nd Legislature, Regular Session, 2011, 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 19. EFFECTIVE DATE. Except as otherwise provided |
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by this Act: |
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(1) this Act takes effect immediately if it receives a |
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vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution; and |
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(2) 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 hereby certify that S.B. No. 1588 passed the Senate on |
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May 11, 2011, by the following vote: Yeas 31, Nays 0; |
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May 26, 2011, Senate refused to concur in House amendments and |
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requested appointment of Conference Committee; May 27, 2011, House |
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granted request of the Senate; May 29, 2011, Senate adopted |
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Conference Committee Report by the following vote: Yeas 30, |
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Nays 1. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 1588 passed the House, with |
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amendments, on May 25, 2011, by the following vote: Yeas 135, |
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Nays 12, two present not voting; May 27, 2011, House granted |
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request of the Senate for appointment of Conference Committee; |
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May 29, 2011, House adopted Conference Committee Report by the |
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following vote: Yeas 132, Nays 13, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |