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