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