Bill Text: TX HB2802 | 2019-2020 | 86th Legislature | Engrossed
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.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2019-05-10 - Referred to Finance [HB2802 Detail]
Download: Texas-2019-HB2802-Engrossed.html
By: Darby, Zerwas, Howard, Ashby, Raymond | H.B. No. 2802 |
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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 [ |
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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 | ||
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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 [ |
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the 2007 state fiscal year and ending with the 2015 state fiscal | ||
year [ |
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assistance received by the institution's students [ |
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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 [ |
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SECTION 3. Section 134.004(b), Education Code, is amended | ||
to read as follows: | ||
(b) Grants may be awarded under this chapter [ |
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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 [ |
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appropriated by the General Appropriations Act or other laws | ||
enacted by the 86th [ |
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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 [ |
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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 [ |
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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); [ |
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(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; [ |
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(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, [ |
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cleanup of pollution from unauthorized discharges of oil, and [ |
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payment of damages from unauthorized discharges of oil; | ||
(2) [ |
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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) [ |
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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; [ |
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(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. |