H.B. No. 6
 
 
 
 
AN ACT
  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.  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 10.  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.  If that law provides that the comptroller may not
  deposit to the credit of the general revenue fund money received
  from the federal government or accrued interest or other earnings
  on money received from the federal government, Section 4 of this Act
  does not apply to federal funds to which that law applies.
         SECTION 11.  ACCOUNTS IN GENERAL REVENUE FUND. Effective on
  the later of the effective date of the Act creating or re-creating
  the specified account or August 31, 2015, the following accounts
  and the revenue deposited to the credit of those accounts are exempt
  from Section 2 of this Act and the accounts are created or
  re-created in the general revenue fund, if created or re-created by
  an Act of the 84th Legislature, Regular Session, 2015, that becomes
  law:
               (1)  the veterans recovery account, created as an
  account in the general revenue fund by House Bill No. 175 or similar
  legislation;
               (2)  the Texas B-On-time student loan account,
  continued as an account in the general revenue fund by House Bill
  No. 700 or similar legislation;
               (3)  the Texas farm and ranch lands conservation fund,
  continued as an account in the general revenue fund by House Bill
  No. 1925 or similar legislation;
               (4)  the Global Agricultural Innovation Institute
  account, created as an account in the general revenue fund by House
  Bill No. 3983 or similar legislation;
               (5)  the hospital perpetual care account, created as an
  account in the general revenue fund by Senate Bill No. 424 or
  similar legislation;
               (6)  the mathematics and science teacher investment
  fund, continued as an account in the general revenue fund by Senate
  Bill No. 686 or similar legislation;
               (7)  the account in the general revenue fund to which
  certain fee revenue is deposited by the Texas Medical Board as
  provided by Senate Bill No. 848 or similar legislation;
               (8)  the wine industry development fund, re-created as
  an account in the general revenue fund by Senate Bill No. 880,
  Senate Bill No. 881, or similar legislation;
               (9)  the professional development account, continued
  as an account in the general revenue fund by Senate Bill No. 893 or
  similar legislation;
               (10)  the compensation to child pornography victims
  fund, created as an account in the general revenue fund by Senate
  Bill No. 1010 or similar legislation;
               (11)  the truancy prevention and diversion fund,
  re-created as an account in the general revenue fund by Senate Bill
  No. 1925 or similar legislation; and
               (12)  the deferred maintenance fund, created as an
  account in the general revenue fund by Senate Bill No. 2004 or
  similar legislation.
         SECTION 12.  SEPARATE FUNDS. Effective on the later of the
  effective date of the Act creating or re-creating the specified
  fund or August 31, 2015, the following funds, if created or
  re-created by an Act of the 84th Legislature, Regular Session,
  2015, the revenue deposited to the funds, and the revenue dedicated
  for deposit to the funds, are exempt from Section 2 of this Act, and
  the funds are created or re-created as separate funds inside or
  outside of the state treasury, as specified by the Act creating or
  re-creating the fund:
               (1)  a separate fund established in the treasury of a
  political subdivision or maintained by a state law enforcement
  agency for scholarships for children of peace officers killed in
  the line of duty as authorized by House Bill No. 530 or similar
  legislation;
               (2)  the Texas research university fund, the Texas
  comprehensive research fund, and the core research support fund
  created or re-created as provided by House Bill No. 1000 or similar
  legislation;
               (3)  a special fund outside the treasury created to
  receive certain fees payable to the State Securities Board, as
  provided by House Bill No. 2493 or similar legislation;
               (4)  the county road oil and gas fund, created as a
  trust fund outside the treasury to be held and administered by the
  comptroller of public accounts by House Bill No. 2521 or similar
  legislation;
               (5)  the permanent fund supporting graduate medical
  education, created as a special fund in the treasury by Senate Bill
  No. 18 or similar legislation;
               (6)  a special fund to be maintained by the Texas
  Appraiser Licensing and Certification Board, created as provided by
  Senate Bill No. 1007 or similar legislation;
               (7)  the grain producer indemnity fund, created as a
  trust fund outside the treasury by Senate Bill No. 1099 or similar
  legislation; and
               (8)  the Texas Department of Motor Vehicles fund,
  re-created as a special fund in the treasury by Senate Bill No. 1512
  or similar legislation.
         SECTION 13.  REVENUE DEDICATIONS. Effective on the later of
  the effective date of the Act dedicating or rededicating the
  specified revenue or August 31, 2015, the following dedications or
  rededications of revenue collected for a particular purpose are
  exempt from Section 2 of this Act, if dedicated or rededicated by an
  Act of the 84th Legislature, Regular Session, 2015:
               (1)  the dedication of revenue provided by House Bill
  No. 14 or similar legislation;
               (2)  the dedication of certain fee revenue provided by
  House Bill No. 984 or similar legislation;
               (3)  the dedication of certain revenue consisting of
  penalties, payments, or civil restitution to the judicial fund
  provided by House Bill No. 1079 or similar legislation;
               (4)  the dedication of voluntary contributions to the
  fund for veterans' assistance provided by House Bill No. 1584 or
  similar legislation;
               (5)  the dedication of fee revenue to the Texas
  Department of Motor Vehicles fund by House Bill No. 2085 or similar
  legislation;
               (6)  the dedication of tax revenue imposed under
  Chapter 151, Tax Code, for deposit to the rural volunteer fire
  department insurance fund as provided by Section 151.801(c-2), Tax
  Code, as added by House Bill No. 2113, Senate Bill No. 761, or
  similar legislation;
               (7)  the dedication of certain fee revenue by House
  Bill No. 2145 or similar legislation;
               (8)  the dedication of certain penalty revenue to the
  Texas Department of Insurance operating account as provided by
  House Bill No. 2466 or similar legislation;
               (9)  the dedication of fee revenue to the Texas
  Department of Insurance operating account by House Bill No. 2491 or
  similar legislation;
               (10)  the dedication of fee revenue to the state
  highway fund as provided by House Bill No. 2861 or similar
  legislation;
               (11)  the dedication of voluntary contributions to the
  Glenda Dawson Donate Life-Texas Registry fund and the dedication of
  certain fee revenue to the Texas Mobility Fund provided by House
  Bill No. 3283, Senate Bill No. 1561, or similar legislation;
               (12)  the dedication of voluntary contributions to the
  fund for veterans' assistance provided by House Bill No. 3710 or
  similar legislation;
               (13)  the dedication of certain money received by the
  Texas Department of Transportation to the state highway fund by
  House Bill No. 3868 or similar legislation;
               (14)  the dedication of tax revenue to the oil and gas
  regulation and cleanup fund by House Bill No. 4034 or similar
  legislation;
               (15)  the dedication of fee revenue by Senate Bill
  No. 195 or similar legislation;
               (16)  the dedication of revenue by Senate Bill No. 204
  or similar legislation;
               (17)  the dedication of revenue by Senate Bill No. 208
  or similar legislation;
               (18)  the dedication of penalty revenue to the
  compensation to victims of crime fund as provided by Senate Bill
  No. 273 or similar legislation;
               (19)  the dedication of fee revenue to the state
  highway fund and the Texas Department of Motor Vehicles fund
  provided by Senate Bill No. 562 or similar legislation;
               (20)  the dedication of certain money received by the
  Texas Department of Transportation to the state highway fund
  provided by Senate Bill No. 638 or similar legislation;
               (21)  the dedication of fee revenue by Senate Bill
  No. 699 or similar legislation;
               (22)  the dedication of certain revenue as provided by
  Senate Bill No. 783 or similar legislation;
               (23)  the dedication of fee revenue to the Texas
  Department of Housing and Community Affairs by Senate Bill No. 976
  or similar legislation;
               (24)  the dedication of money received by the Parks and
  Wildlife Department to the game, fish, and water safety account and
  the state parks account by Senate Bill No. 1132 or similar
  legislation;
               (25)  the dedication of fee revenue by House Bill
  No. 2439 or similar legislation; and
               (26)  the dedication of fee revenue by House Bill
  No. 872 or similar legislation.
         SECTION 14.  CREATION OF NEW ACCOUNTS FOR LICENSE PLATE
  FEES. Section 2 of this Act does not apply to a new account created
  for receipt of fees for special license plates or for receipt of
  related revenue, gifts, or grants as provided by an Act of the 84th
  Legislature, Regular Session, 2015, or to the dedication of revenue
  to or contained in the new account. All license plate revenue shall
  be deposited to the credit of appropriate subaccounts of the
  License Plate Trust Fund No. 802.
         SECTION 15.  GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE
  FUND; DEDICATION OF REVENUE. Section 2 of this Act does not apply
  to the governor's university research initiative fund or any other
  fund created by House Bill No. 7, House Bill No. 26, Senate Bill
  No. 632, or similar legislation of the 84th Legislature, Regular
  Session, 2015, that becomes law, any dedication of revenue made to
  the fund, or any dedication of revenue contained in the legislation
  creating the fund.
         SECTION 16.  ACCOUNTS IN STATE BULLION DEPOSITORY. Section
  2 of this Act does not apply to an account in the state bullion
  depository created by House Bill No. 483 or similar legislation of
  the 84th Legislature, Regular Session, 2015, that becomes law, or
  any dedication of revenue made to such an account.
         SECTION 17.  FUND, ACCOUNT, OR REVENUE DEDICATION: HOUSE
  BILL NO. 7. Section 2 of this Act does not apply to a fund, account,
  or dedication of revenue created or re-created by House Bill No. 7
  or similar legislation of the 84th Legislature, Regular Session,
  2015.
         SECTION 18.  CONSUMER DIRECTED HEALTH PLAN ACCOUNTS.
  Section 2 of this Act does not apply to a consumer directed health
  plan account created by House Bill No. 966 or similar legislation
  of the 84th Legislature, Regular Session, 2015, that becomes law.
         SECTION 19.  TEXASSURE FUND. (a) Effective September 1,
  2015, Sections 502.357(b) and (c), Transportation Code, are amended
  to read as follows:
         (b)  Fees collected under this section shall be deposited to
  the credit of the state highway fund except that the comptroller
  shall provide for a portion of the fees to be deposited first to the
  credit of a special fund in the state treasury outside the general
  revenue fund to be known as the TexasSure Fund in a total amount
  that is necessary to cover the total amount appropriated to the
  Texas Department of Insurance from that fund and for the remaining
  fees to be deposited to the state highway fund.  Subject to
  appropriations, the money deposited to the credit of the state
  highway fund under this section may [shall] be used by the
  Department of Public Safety to:
               (1)  support the Department of Public Safety's
  reengineering of the driver's license system to provide for the
  issuance by the Department of Public Safety of a driver's license or
  personal identification certificate, to include use of image
  comparison technology;
               (2)  establish and maintain a system to support the
  driver responsibility program under Chapter 708; and
               (3)  make lease payments to the master lease purchase
  program for the financing of the driver's license reengineering
  project.
         (c)  [Fees collected under this section shall be deposited to
  the credit of the state highway fund.]  Subject to appropriation,
  fees collected under this section [the money] may be used by the
  Department of Public Safety, the Texas Department of Insurance, the
  Department of Information Resources, and the department to carry
  out Subchapter N, Chapter 601.
         (b)  Section 2 of this Act does not apply to the TexasSure
  Fund or revenue dedicated to that fund.
         SECTION 20.  FLOODPLAIN PLANNING, MANAGEMENT, AND
  EDUCATION.  On September 1, 2015, the floodplain management account
  created by Section 16.3161, Water Code, as enacted by Section 7,
  Chapter 1323 (S.B. 1436), Acts of the 80th Legislature, Regular
  Session, 2007, 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 floodplain management
  account by a provision of Chapter 1323 (S.B. 1436), Acts of the 80th
  Legislature, Regular Session, 2007, is rededicated by this Act for
  that purpose, except that revenue deposited to the floodplain
  management account may be transferred to the Disaster Contingency
  Fund No. 453 to be used for extraordinary costs associated with
  flood risk analysis, planning, and public education.  On September
  1, 2015, the comptroller of public accounts shall transfer all
  revenue estimated to be collected for deposit to the credit of the
  floodplain management account in the 2016-2017 biennium to the
  Disaster Contingency Fund No. 453.  Section 2 of this Act does not
  apply to the floodplain management account as re-created by this
  Act or a dedication of revenue to the account or fund as dedicated
  or rededicated by this Act.
         SECTION 21.  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 [2015], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 84th [83rd] 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 84th [83rd]
  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 lifetime license endowment account no. 0544;
               (3)  the permanent fund for health and tobacco
  education and enforcement account no. 5044;
               (4)  the permanent fund for children and public health
  account no. 5045;
               (5)  the permanent fund for emergency medical services
  and trauma care account no. 5046;
               (6)  the permanent fund for rural health facility
  capital improvement account no. 5047;
               (7)  the permanent hospital fund for capital
  improvements and the Texas Center for Infectious Disease account
  no. 5048;
               (8)  the child abuse and neglect prevention operating
  fund account no. 5084;
               (9)  the child abuse and neglect prevention trust fund
  account no. 5085; and
               (10)  the separate fund account of each institution of
  higher education in the general revenue fund.
         (f)  This section expires September 1, 2017 [2015].
         SECTION 22.  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 23.  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.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 6 was passed by the House on April 28,
  2015, by the following vote:  Yeas 141, Nays 1, 1 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 6 on May 29, 2015, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 6 on May 31, 2015, by the following vote:  Yeas 142,
  Nays 1, 2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 6 was passed by the Senate, with
  amendments, on May 27, 2015, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  6 on May 31, 2015, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor