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. 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 83rd
  Legislature, Regular Session, 2013, that becomes law and all
  dedications or rededications of revenue collected by a state agency
  for a particular purpose by an Act of the 83rd Legislature, Regular
  Session, 2013, that becomes law are abolished on the later of August
  31, 2013, 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 83rd 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 pursuant to an Act of the 83rd Legislature,
  Regular Session, 2013, 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 83rd Legislature, Regular Session,
  2013, 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
  83rd Legislature, Regular Session, 2013, 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 83rd Legislature, Regular Session, 2013,
  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 for
  receipt of fees for special license plates or for receipt of related
  revenue, gifts, or grants as provided by an Act of the 83rd
  Legislature, Regular Session, 2013, or to the dedication of revenue
  to or contained in the new account.
         SECTION 9.  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 83rd
  Legislature, Regular Session, 2013, to the extent that Act affects
  a fund, an account, or revenue that was exempted from funds
  consolidation before January 1, 2013.  A dedicated fund, a
  dedicated account, or dedicated revenue that was exempted from
  funds consolidation before January 1, 2013, may be used as an Act of
  the 83rd Legislature, Regular Session, 2013, 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 the account or
  August 31, 2013, the following account and the revenue deposited to
  the credit of the account are exempt from Section 2 of this Act and
  the account is created in the general revenue fund, if created by an
  Act of the 83rd Legislature, Regular Session, 2013, that becomes
  law:
               The statewide electronic filing system fund created as
  an account in the general revenue fund by Section 51.852,
  Government Code, as added by House Bill No. 2302 or similar
  legislation.
         SECTION 11.  REVENUE DEDICATION. Effective on the later of
  the effective date of the Act dedicating or rededicating the
  specified revenue or August 31, 2013, 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 83rd Legislature, Regular Session, 2013:
               (1)  the dedication of penalty revenue to the
  compensation to victims of crime fund as provided by House Bill No.
  508 or similar legislation;
               (2)  the dedication of fee and penalty revenue for
  deposit to and revenue held in the oyster sales account in the
  general revenue fund provided by House Bill No. 1903 or similar
  legislation;
               (3)  the dedication of voluntary contributions for
  deposit to the fund for veterans' assistance provided by House Bill
  No. 633 or similar legislation;
               (4)  the rededication of revenue held in the system
  benefit fund as provided by House Bill No. 7 or similar legislation;
               (5)  the dedication of fee revenue collected under
  Section 91.0115, Natural Resources Code, for deposit to the oil and
  gas regulation and cleanup fund as provided by House Bill No. 7 or
  similar legislation;
               (6)  the dedication of tax revenue imposed under
  Chapter 171, Tax Code, for deposit to the property tax relief fund
  as provided by Section 171.664 of that code, as added by House Bill
  No. 800 or similar legislation;
               (7)  the allocation of tax revenue for deposit to the
  credit of the available school fund and to the credit of the state
  highway fund as provided by Section 162.506, Tax Code, as added by
  House Bill No. 2148 or similar legislation;
               (8)  the dedication of amounts for deposit to the
  compensation to victims of crime fund as provided by Section
  140.012, Civil Practice and Remedies Code, as added by House Bill
  No. 3241 or similar legislation;
               (9)  the dedication of fees and court costs for deposit
  to the statewide electronic filing system fund as provided by
  Section 51.851, Government Code, as added by House Bill No. 2302 or
  similar legislation; and
               (10)  the allocation of money received by the attorney
  general as provided by Section 402.007, Government Code, as amended
  by House Bill No. 1445 or similar legislation.
         SECTION 12.  SEPARATE FUNDS IN THE TREASURY. (a)  Effective
  on the later of the effective date of the Act creating or
  re-creating the specified fund or August 31, 2013, the following
  funds, if created by an Act of the 83rd Legislature, Regular
  Session, 2013, 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 as separate funds in the state
  treasury:
               (1)  the Texas economic development fund, created as a
  fund in the state treasury by Senate Bill No. 1214 or similar
  legislation;
               (2)  the permanent fund supporting military and
  veterans exemptions, created as a special fund in the treasury by
  Senate Bill No. 1158 or similar legislation;
               (3)  the habitat protection and research fund held
  inside the treasury as provided by Section 490F.404, Government
  Code, as added by House Bill No. 3509 or similar legislation; and
               (4)  the transportation infrastructure fund created in
  the state treasury by Section 256.102, Transportation Code, as
  added by Senate Bill No. 1747 or similar legislation.
         (b)  Section 2 of this Act does not apply to the State Water
  Implementation Fund for Texas or to the State Water Implementation
  Revenue Fund for Texas in the state treasury as established by House
  Bill No. 4 of the 83rd Legislature, Regular Session, 2013, to
  implement the creation of those funds by the constitutional
  amendment proposed by Senate Joint Resolution No. 1, 83rd
  Legislature, Regular Session, 2013, except that those funds are not
  created if the voters do not approve of that constitutional
  amendment at an election held November 5, 2013.
         SECTION 13.  MONEY TRANSFERRED ON DISSOLUTION OF TEXAS
  HEALTH INSURANCE POOL; ACCOUNT.  Section 2 of this Act does not
  apply to the account created in the Texas Treasury Safekeeping
  Trust Company for the purposes of Section 6 of Senate Bill No. 1367
  or similar legislation of the 83rd Legislature, Regular Session,
  2013, and does not apply to the revenue dedicated for deposit to
  that account.
         SECTION 14.  DEDICATION OF ASSESSMENTS AND FEES RELATING TO
  EXAMINATION OF INSURERS.  Section 2 of this Act does not apply to
  the dedication of assessments or fee revenue under Section 401.156,
  Insurance Code, as provided by Senate Bill No. 1665 or similar
  legislation of the 83rd Legislature, Regular Session, 2013.
         SECTION 15.  AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
  Effective September 1, 2013, 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, 2015 [2013], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 83rd [82nd] 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 83rd [82nd]
  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, 2015 [2013].
         SECTION 16.  EFFECT OF ACT. (a)  This Act prevails over any
  other Act of the 83rd Legislature, Regular Session, 2013,
  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 83rd Legislature,
  Regular Session, 2013, 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 83rd
  Legislature, Regular Session, 2013, 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 17.  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 certify that H.B. No. 6 was passed by the House on May 2,
  2013, by the following vote:  Yeas 144, Nays 1, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 6 on May 24, 2013, 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 26, 2013, by the following vote:  Yeas 143,
  Nays 4, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 6 was passed by the Senate, with
  amendments, on May 21, 2013, 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 26, 2013, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor