Bill Text: TX HB2802 | 2019-2020 | 86th Legislature | Engrossed

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Bill Title: Relating to the amounts, availability, and use of certain statutorily dedicated revenue and accounts; reducing or affecting the amounts of certain statutorily dedicated fees.

Sponsorship: Bipartisan Bill

Status: (Engrossed - Dead) 2019-05-10 - Referred to Finance [HB2802 Detail]

Download: Texas-2019-HB2802-Engrossed.html

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By: Darby, Zerwas, Howard, Ashby, Raymond H.B. No. 2802

A BILL TO BE ENTITLED
AN ACT
relating to the amounts, availability, and use of certain
statutorily dedicated revenue and accounts; reducing or affecting
the amounts of certain statutorily dedicated fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article 102.015, Code of Criminal Procedure, is
amended by amending Subsection (g) and adding Subsections (g-1) and
(h-1) to read as follows:
(g) The comptroller shall deposit the funds received under
this article to the credit of a dedicated account in the general
revenue fund to be known as the truancy prevention and diversion
fund. Subject to Subsection (g-1), the [The] legislature may
appropriate money from the account only to:
(1) the criminal justice division of the governor's
office for distribution to local governmental entities for truancy
prevention and intervention services; and
(2) the Texas Education Agency for distribution to
school districts for truancy prevention and intervention services
and programs.
(g-1) The legislature may appropriate money from the
truancy prevention and diversion fund to the Texas Education Agency
for a state fiscal biennium only if:
(1) the amount of money appropriated from the fund to
the criminal justice division of the governor's office for that
biennium is at least equal to the amount of money appropriated from
the fund to the criminal justice division of the governor's office
for the previous state fiscal biennium; and
(2) the amount of money appropriated from the fund for
that biennium does not exceed the amount of money that the
comptroller will deposit into the fund for that biennium, as
estimated by the comptroller's biennial revenue estimate.
(h-1) A school district may request an amount of money from
the Texas Education Agency for providing truancy prevention and
intervention services and programs. The agency may award the
requested amount based on the availability of appropriated money
and subject to the application procedures and eligibility
requirements as determined by agency rules.
SECTION 2. Section 56.0092(e), Education Code, is amended
to read as follows:
(e) An appropriation under Subsection (d) must be made in
accordance with a formula, adopted by coordinating board rule, that
[the coordinating board determines fairly] allocates the
appropriated amount only to those eligible institutions at which
the Texas B-On-time student loan program was underutilized. For
purposes of this subsection, the Texas B-On-time student loan
program is considered to have been underutilized by students of an
institution [in any period] if the [institution's percentage of
the] total amount of tuition set aside by the institution [all
institutions] under the program during the period beginning with
the 2007 state fiscal year and ending with the 2015 state fiscal
year [during the period] was greater than the total amount of
assistance received by the institution's students [institution's
percentage of all students who received a Texas B-On-time student
loan] under the program during that [for the same] period. The
formula must allocate the appropriated amount among those
institutions so that each institution receives a percentage of the
amount appropriated that is proportional to the institution's share
of the total amount of unused set-asides for the period contributed
by those institutions. For purposes of this subsection, the amount
of an institution's unused set-asides is the amount by which the
total amount of tuition set aside by the institution under the
program exceeds the total amount of assistance received by the
institution's students under the program [The coordinating board
shall base the coordinating board's determination on a period of
academic years occurring before the 2015-2016 academic year that
the coordinating board considers representative of eligible
institutions' student participation in the Texas B-On-time student
loan program].
SECTION 3. Section 134.004(b), Education Code, is amended
to read as follows:
(b) Grants may be awarded under this chapter [from the Jobs
and Education for Texans (JET) fund] to defray the start-up costs
associated with the development of new career and technical
education programs at public junior colleges, public technical
institutes, public state colleges, and independent school
districts described under Section 134.007 that meet the
requirements of Section 134.006.
SECTION 4. Section 403.095, Government Code, is amended by
amending Subsections (b), (d), and (f) and adding Subsection (e) 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, 2021 [2019], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 86th [85th] 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 86th [85th]
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, 2021 [2019].
SECTION 5. Section 386.051(b), Health and Safety Code, is
amended to read as follows:
(b) Under the plan, the commission and the comptroller shall
provide grants or other funding for:
(1) the diesel emissions reduction incentive program
established under Subchapter C, including for infrastructure
projects established under that subchapter;
(2) the motor vehicle purchase or lease incentive
program established under Subchapter D;
(3) the air quality research support program
established under Chapter 387;
(4) the clean school bus program established under
Chapter 390;
(5) the new technology implementation grant program
established under Chapter 391;
(6) the regional air monitoring program established
under Section 386.252(a);
(7) a health effects study as provided by Section
386.252(a);
(8) air quality planning activities as provided by
Section 386.252(d);
(9) a contract with the Energy Systems Laboratory at
the Texas A&M Engineering Experiment Station for computation of
creditable statewide emissions reductions as provided by Section
386.252(a);
(10) the clean fleet program established under Chapter
392;
(11) the alternative fueling facilities program
established under Chapter 393;
(12) the natural gas vehicle grant program established
under Chapter 394;
(13) other programs the commission may develop that
lead to reduced emissions of nitrogen oxides, particulate matter,
or volatile organic compounds in a nonattainment area or affected
county;
(14) other programs the commission may develop that
support congestion mitigation to reduce mobile source ozone
precursor emissions;
(15) the seaport and rail yard areas emissions
reduction program established under Subchapter D-1;
(16) conducting research and other activities
associated with making any necessary demonstrations to the United
States Environmental Protection Agency to account for the impact of
foreign emissions or an exceptional event;
(17) studies of or pilot programs for incentives for
port authorities located in nonattainment areas or affected
counties as provided by Section 386.252(a); [and]
(18) the governmental alternative fuel fleet grant
program established under Chapter 395;
(19) energy efficiency upgrades for state facilities;
(20) a vehicle emissions inspection and maintenance
program administered by the Department of Public Safety; and
(21) a contract with the Texas A&M Transportation
Institute to conduct a study as provided by Section 386.252(a).
SECTION 6. Section 386.252(a), Health and Safety Code, is
amended to read as follows:
(a) Money in the fund may be used only to implement and
administer programs established under the plan. Subject to the
reallocation of funds by the commission under Subsection (h), money
appropriated to the commission to be used for the programs under
Section 386.051(b) shall initially be allocated as follows:
(1) four percent may be used for the clean school bus
program under Chapter 390;
(2) three percent may be used for the new technology
implementation grant program under Chapter 391, from which at least
$1 million will be set aside for electricity storage projects
related to renewable energy;
(3) five percent may be used for the Texas clean fleet
program under Chapter 392;
(4) not more than $3 million may be used by the
commission to fund a regional air monitoring program in commission
Regions 3 and 4 to be implemented under the commission's oversight,
including direction regarding the type, number, location, and
operation of, and data validation practices for, monitors funded by
the program through a regional nonprofit entity located in North
Texas having representation from counties, municipalities, higher
education institutions, and private sector interests across the
area;
(5) 10 percent may be used for the Texas natural gas
vehicle grant program under Chapter 394;
(6) not more than $6 million may be used for the Texas
alternative fueling facilities program under Chapter 393, of which
a specified amount may be used for fueling stations to provide
natural gas fuel, except that money may not be allocated for the
Texas alternative fueling facilities program for the state fiscal
year ending August 31, 2019;
(7) not more than $750,000 may be used each year to
support research related to air quality as provided by Chapter 387;
(8) not more than $200,000 may be used for a health
effects study;
(9) at least $6 million but not more than $8 million is
allocated to the commission for administrative costs, including all
direct and indirect costs for administering the plan, costs for
conducting outreach and education activities, and costs
attributable to the review or approval of applications for
marketable emissions reduction credits;
(10) six percent may be used by the commission for the
seaport and rail yard areas emissions reduction program established
under Subchapter D-1;
(11) five percent may be used for the light-duty motor
vehicle purchase or lease incentive program established under
Subchapter D;
(12) not more than $216,000 is allocated to the
commission to contract with the Energy Systems Laboratory at the
Texas A&M Engineering Experiment Station annually for the
development and annual computation of creditable statewide
emissions reductions obtained through wind and other renewable
energy resources for the state implementation plan;
(13) not more than $500,000 may be used for studies of
or pilot programs for incentives for port authorities located in
nonattainment areas or affected counties to encourage cargo
movement that reduces emissions of nitrogen oxides and particulate
matter; [and]
(14) not more than $250,000 shall be allocated to the
commission to contract with the Texas A&M Transportation Institute
to conduct a study to evaluate the relationship between traffic
congestion and ozone precursors and to identify effective
strategies in reducing nitrogen oxide emissions from
transportation sources; and
(15) the balance is to be used by the commission for
the diesel emissions reduction incentive program under Subchapter C
as determined by the commission.
SECTION 7. Section 40.151, Natural Resources Code, is
amended by amending Subsections (a) and (b) and adding Subsection
(e) to read as follows:
(a) The purpose of this subchapter is to provide immediately
available funds for:
(1) response to all unauthorized discharges, [for]
cleanup of pollution from unauthorized discharges of oil, and [for]
payment of damages from unauthorized discharges of oil;
(2) [, and for] erosion response projects under
Subchapter H, Chapter 33; and
(3) coastal resiliency projects identified in the
Texas Coastal Resiliency Master Plan published by the General Land
Office in 2017 or a successor plan.
(b) The coastal protection fund is established in the state
treasury to be used by the commissioner as a nonlapsing revolving
fund only for carrying out the purposes of this chapter and other
purposes listed in Subsection (a) [of Subchapter H, Chapter 33]. To
this fund shall be credited all fees, penalties, judgments,
reimbursements, proceeds from the sale of a vessel or structure
removed under Section 40.108, money forfeited under Section
77.119(e), Parks and Wildlife Code, interest or income on the fund,
and charges provided for in this chapter and the fee revenues
levied, collected, and credited pursuant to this chapter. The fund
shall not exceed $50 million.
(e) This subchapter does not authorize the General Land
Office to carry out a coastal resiliency project described by
Subsection (a)(3) that the General Land Office is not authorized by
other law to carry out.
SECTION 8. Section 40.152(a), Natural Resources Code, is
amended to read as follows:
(a) Money in the fund may be disbursed for the following
purposes and no others:
(1) administrative expenses, personnel and training
expenses, and equipment maintenance and operating costs related to
implementation and enforcement of this chapter;
(2) response costs related to abatement and
containment of actual or threatened unauthorized discharges of oil
incidental to unauthorized discharges of hazardous substances;
(3) response costs and damages related to actual or
threatened unauthorized discharges of oil;
(4) assessment, restoration, rehabilitation, or
replacement of or mitigation of damage to natural resources damaged
by an unauthorized discharge of oil;
(5) in an amount not to exceed $50,000 annually, the
small spill education program;
(6) in an amount not to exceed $1,250,000 annually,
interagency contracts under Section 40.302;
(7) the purchase of response equipment under Section
40.105 within two years of the effective date of this chapter, in an
amount not to exceed $4 million; thereafter, for the purchase of
equipment to replace equipment that is worn or obsolete;
(8) other costs and damages authorized by this
chapter;
(9) in an amount not to exceed the interest accruing to
the fund annually, erosion response projects under Subchapter H,
Chapter 33; [and]
(10) coastal resiliency projects identified in the
Texas Coastal Resiliency Master Plan published by the General Land
Office in 2017 or a successor plan; and
(11) in conjunction with the Railroad Commission of
Texas, costs related to the plugging of abandoned or orphaned oil
wells located on state-owned submerged lands.
SECTION 9. Section 40.153, Natural Resources Code, is
amended to read as follows:
Sec. 40.153. REIMBURSEMENT OF FUND. The commissioner shall
recover to the use of the fund, either from persons responsible for
the unauthorized discharge or otherwise liable or from the federal
fund, jointly and severally, all sums owed to or expended from the
fund. This section does not apply to sums expended under Section
40.152(a)(9) or (10).
SECTION 10. Section 40.161(c), Natural Resources Code, is
amended to read as follows:
(c) This section does not apply to a sum expended under
Section 40.152(a)(9) or (10).
SECTION 11. The following are repealed:
(1) Section 134.002, Education Code;
(2) Section 411.042(e), Government Code; and
(3) Section 111.060, Human Resources Code.
SECTION 12. As soon as practicable after the effective date
of this Act, the comptroller of public accounts shall abolish the
following accounts and transfer any unobligated and unexpended
balances in those accounts to the general revenue fund:
(1) the Comprehensive Rehabilitation Account
No. 0107;
(2) the Jobs and Education for Texans (JET) Account
No. 5143; and
(3) the Operators and Chauffeurs License Account
No. 0099.
SECTION 13. This Act takes effect September 1, 2019.