This website will be unavailable from Thursday, May 30, 2024 at 6:00 p.m. through Monday, June 3, 2024 at 7:00 a.m. due to data center maintenance.

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