Bill Text: TX HB6 | 2015-2016 | 84th Legislature | Enrolled

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Bill Title: 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.

Sponsorship: Slight Partisan Bill (Republican 4-2)

Status: (Passed) 2015-06-19 - See remarks for effective date [HB6 Detail]

Download: Texas-2015-HB6-Enrolled.html

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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 84th
Legislature, Regular Session, 2015, that becomes law and all
dedications or rededications of revenue collected by a state agency
for a particular purpose by an Act of the 84th Legislature, Regular
Session, 2015, that becomes law are abolished on the later of August
31, 2015, 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 84th 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 under an Act of the 84th Legislature, Regular
Session, 2015, 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 84th Legislature, Regular Session,
2015, 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
84th Legislature, Regular Session, 2015, 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 84th Legislature, Regular Session, 2015,
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. 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 84th
Legislature, Regular Session, 2015, to the extent that Act affects
a fund, an account, or revenue that was exempted from funds
consolidation before January 1, 2015. A dedicated fund, a
dedicated account, or dedicated revenue that was exempted from
funds consolidation before January 1, 2015, may be used as an Act of
the 84th Legislature, Regular Session, 2015, 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 9. ENVIRONMENTAL RADIATION AND PERPETUAL CARE
ACCOUNT. On September 1, 2015, the environmental radiation and
perpetual care account created by Section 401.306, Health and
Safety Code, as enacted by Section 12, Chapter 1159 (S.B. 347), Acts
of the 83rd Legislature, Regular Session, 2013, is re-created by
this Act as an account in the general revenue fund, and all revenue
dedicated for deposit to the credit of the environmental radiation
and perpetual care account by a provision of Chapter 1159 (S.B.
347), Acts of the 83rd Legislature, Regular Session, 2013, is
rededicated by this Act for that purpose. Section 2 of this Act
does not apply to the account as re-created by this Act or a
dedication of revenue to the account as rededicated by this Act.
SECTION 10. SPECIAL FUND FOR MONEY RECEIVED FROM FEDERAL
GOVERNMENT. Section 2 of this Act does not apply to a special fund
in the state treasury established by the comptroller of public
accounts for the purpose of holding money received from the federal
government as authorized by House Bill No. 8, or by similar
legislation of the 84th Legislature, Regular Session, 2015, that
becomes law. If that law provides that the comptroller may not
deposit to the credit of the general revenue fund money received
from the federal government or accrued interest or other earnings
on money received from the federal government, Section 4 of this Act
does not apply to federal funds to which that law applies.
SECTION 11. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of the effective date of the Act creating or re-creating
the specified account or August 31, 2015, the following accounts
and the revenue deposited to the credit of those accounts are exempt
from Section 2 of this Act and the accounts are created or
re-created in the general revenue fund, if created or re-created by
an Act of the 84th Legislature, Regular Session, 2015, that becomes
law:
(1) the veterans recovery account, created as an
account in the general revenue fund by House Bill No. 175 or similar
legislation;
(2) the Texas B-On-time student loan account,
continued as an account in the general revenue fund by House Bill
No. 700 or similar legislation;
(3) the Texas farm and ranch lands conservation fund,
continued as an account in the general revenue fund by House Bill
No. 1925 or similar legislation;
(4) the Global Agricultural Innovation Institute
account, created as an account in the general revenue fund by House
Bill No. 3983 or similar legislation;
(5) the hospital perpetual care account, created as an
account in the general revenue fund by Senate Bill No. 424 or
similar legislation;
(6) the mathematics and science teacher investment
fund, continued as an account in the general revenue fund by Senate
Bill No. 686 or similar legislation;
(7) the account in the general revenue fund to which
certain fee revenue is deposited by the Texas Medical Board as
provided by Senate Bill No. 848 or similar legislation;
(8) the wine industry development fund, re-created as
an account in the general revenue fund by Senate Bill No. 880,
Senate Bill No. 881, or similar legislation;
(9) the professional development account, continued
as an account in the general revenue fund by Senate Bill No. 893 or
similar legislation;
(10) the compensation to child pornography victims
fund, created as an account in the general revenue fund by Senate
Bill No. 1010 or similar legislation;
(11) the truancy prevention and diversion fund,
re-created as an account in the general revenue fund by Senate Bill
No. 1925 or similar legislation; and
(12) the deferred maintenance fund, created as an
account in the general revenue fund by Senate Bill No. 2004 or
similar legislation.
SECTION 12. SEPARATE FUNDS. Effective on the later of the
effective date of the Act creating or re-creating the specified
fund or August 31, 2015, the following funds, if created or
re-created by an Act of the 84th Legislature, Regular Session,
2015, 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 or re-created as separate funds inside or
outside of the state treasury, as specified by the Act creating or
re-creating the fund:
(1) a separate fund established in the treasury of a
political subdivision or maintained by a state law enforcement
agency for scholarships for children of peace officers killed in
the line of duty as authorized by House Bill No. 530 or similar
legislation;
(2) the Texas research university fund, the Texas
comprehensive research fund, and the core research support fund
created or re-created as provided by House Bill No. 1000 or similar
legislation;
(3) a special fund outside the treasury created to
receive certain fees payable to the State Securities Board, as
provided by House Bill No. 2493 or similar legislation;
(4) the county road oil and gas fund, created as a
trust fund outside the treasury to be held and administered by the
comptroller of public accounts by House Bill No. 2521 or similar
legislation;
(5) the permanent fund supporting graduate medical
education, created as a special fund in the treasury by Senate Bill
No. 18 or similar legislation;
(6) a special fund to be maintained by the Texas
Appraiser Licensing and Certification Board, created as provided by
Senate Bill No. 1007 or similar legislation;
(7) the grain producer indemnity fund, created as a
trust fund outside the treasury by Senate Bill No. 1099 or similar
legislation; and
(8) the Texas Department of Motor Vehicles fund,
re-created as a special fund in the treasury by Senate Bill No. 1512
or similar legislation.
SECTION 13. REVENUE DEDICATIONS. Effective on the later of
the effective date of the Act dedicating or rededicating the
specified revenue or August 31, 2015, 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 84th Legislature, Regular Session, 2015:
(1) the dedication of revenue provided by House Bill
No. 14 or similar legislation;
(2) the dedication of certain fee revenue provided by
House Bill No. 984 or similar legislation;
(3) the dedication of certain revenue consisting of
penalties, payments, or civil restitution to the judicial fund
provided by House Bill No. 1079 or similar legislation;
(4) the dedication of voluntary contributions to the
fund for veterans' assistance provided by House Bill No. 1584 or
similar legislation;
(5) the dedication of fee revenue to the Texas
Department of Motor Vehicles fund by House Bill No. 2085 or similar
legislation;
(6) the dedication of tax revenue imposed under
Chapter 151, Tax Code, for deposit to the rural volunteer fire
department insurance fund as provided by Section 151.801(c-2), Tax
Code, as added by House Bill No. 2113, Senate Bill No. 761, or
similar legislation;
(7) the dedication of certain fee revenue by House
Bill No. 2145 or similar legislation;
(8) the dedication of certain penalty revenue to the
Texas Department of Insurance operating account as provided by
House Bill No. 2466 or similar legislation;
(9) the dedication of fee revenue to the Texas
Department of Insurance operating account by House Bill No. 2491 or
similar legislation;
(10) the dedication of fee revenue to the state
highway fund as provided by House Bill No. 2861 or similar
legislation;
(11) the dedication of voluntary contributions to the
Glenda Dawson Donate Life-Texas Registry fund and the dedication of
certain fee revenue to the Texas Mobility Fund provided by House
Bill No. 3283, Senate Bill No. 1561, or similar legislation;
(12) the dedication of voluntary contributions to the
fund for veterans' assistance provided by House Bill No. 3710 or
similar legislation;
(13) the dedication of certain money received by the
Texas Department of Transportation to the state highway fund by
House Bill No. 3868 or similar legislation;
(14) the dedication of tax revenue to the oil and gas
regulation and cleanup fund by House Bill No. 4034 or similar
legislation;
(15) the dedication of fee revenue by Senate Bill
No. 195 or similar legislation;
(16) the dedication of revenue by Senate Bill No. 204
or similar legislation;
(17) the dedication of revenue by Senate Bill No. 208
or similar legislation;
(18) the dedication of penalty revenue to the
compensation to victims of crime fund as provided by Senate Bill
No. 273 or similar legislation;
(19) the dedication of fee revenue to the state
highway fund and the Texas Department of Motor Vehicles fund
provided by Senate Bill No. 562 or similar legislation;
(20) the dedication of certain money received by the
Texas Department of Transportation to the state highway fund
provided by Senate Bill No. 638 or similar legislation;
(21) the dedication of fee revenue by Senate Bill
No. 699 or similar legislation;
(22) the dedication of certain revenue as provided by
Senate Bill No. 783 or similar legislation;
(23) the dedication of fee revenue to the Texas
Department of Housing and Community Affairs by Senate Bill No. 976
or similar legislation;
(24) the dedication of money received by the Parks and
Wildlife Department to the game, fish, and water safety account and
the state parks account by Senate Bill No. 1132 or similar
legislation;
(25) the dedication of fee revenue by House Bill
No. 2439 or similar legislation; and
(26) the dedication of fee revenue by House Bill
No. 872 or similar legislation.
SECTION 14. 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 84th
Legislature, Regular Session, 2015, or to the dedication of revenue
to or contained in the new account. All license plate revenue shall
be deposited to the credit of appropriate subaccounts of the
License Plate Trust Fund No. 802.
SECTION 15. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE
FUND; DEDICATION OF REVENUE. Section 2 of this Act does not apply
to the governor's university research initiative fund or any other
fund created by House Bill No. 7, House Bill No. 26, Senate Bill
No. 632, or similar legislation of the 84th Legislature, Regular
Session, 2015, that becomes law, any dedication of revenue made to
the fund, or any dedication of revenue contained in the legislation
creating the fund.
SECTION 16. ACCOUNTS IN STATE BULLION DEPOSITORY. Section
2 of this Act does not apply to an account in the state bullion
depository created by House Bill No. 483 or similar legislation of
the 84th Legislature, Regular Session, 2015, that becomes law, or
any dedication of revenue made to such an account.
SECTION 17. FUND, ACCOUNT, OR REVENUE DEDICATION: HOUSE
BILL NO. 7. Section 2 of this Act does not apply to a fund, account,
or dedication of revenue created or re-created by House Bill No. 7
or similar legislation of the 84th Legislature, Regular Session,
2015.
SECTION 18. CONSUMER DIRECTED HEALTH PLAN ACCOUNTS.
Section 2 of this Act does not apply to a consumer directed health
plan account created by House Bill No. 966 or similar legislation
of the 84th Legislature, Regular Session, 2015, that becomes law.
SECTION 19. TEXASSURE FUND. (a) Effective September 1,
2015, Sections 502.357(b) and (c), Transportation Code, are amended
to read as follows:
(b) Fees collected under this section shall be deposited to
the credit of the state highway fund except that the comptroller
shall provide for a portion of the fees to be deposited first to the
credit of a special fund in the state treasury outside the general
revenue fund to be known as the TexasSure Fund in a total amount
that is necessary to cover the total amount appropriated to the
Texas Department of Insurance from that fund and for the remaining
fees to be deposited to the state highway fund. Subject to
appropriations, the money deposited to the credit of the state
highway fund under this section may [shall] be used by the
Department of Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, to include use of image
comparison technology;
(2) establish and maintain a system to support the
driver responsibility program under Chapter 708; and
(3) make lease payments to the master lease purchase
program for the financing of the driver's license reengineering
project.
(c) [Fees collected under this section shall be deposited to
the credit of the state highway fund.] Subject to appropriation,
fees collected under this section [the money] may be used by the
Department of Public Safety, the Texas Department of Insurance, the
Department of Information Resources, and the department to carry
out Subchapter N, Chapter 601.
(b) Section 2 of this Act does not apply to the TexasSure
Fund or revenue dedicated to that fund.
SECTION 20. FLOODPLAIN PLANNING, MANAGEMENT, AND
EDUCATION. On September 1, 2015, the floodplain management account
created by Section 16.3161, Water Code, as enacted by Section 7,
Chapter 1323 (S.B. 1436), Acts of the 80th Legislature, Regular
Session, 2007, is re-created by this Act as a special fund in the
state treasury outside the general revenue fund, and all revenue
dedicated for deposit to the credit of the floodplain management
account by a provision of Chapter 1323 (S.B. 1436), Acts of the 80th
Legislature, Regular Session, 2007, is rededicated by this Act for
that purpose, except that revenue deposited to the floodplain
management account may be transferred to the Disaster Contingency
Fund No. 453 to be used for extraordinary costs associated with
flood risk analysis, planning, and public education. On September
1, 2015, the comptroller of public accounts shall transfer all
revenue estimated to be collected for deposit to the credit of the
floodplain management account in the 2016-2017 biennium to the
Disaster Contingency Fund No. 453. Section 2 of this Act does not
apply to the floodplain management account as re-created by this
Act or a dedication of revenue to the account or fund as dedicated
or rededicated by this Act.
SECTION 21. AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.
Effective September 1, 2015, Section 403.095, Government Code, is
amended by amending Subsections (b), (d), and (e) and adding
Subsection (f) 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, 2017 [2015], are estimated to exceed the amount
appropriated by the General Appropriations Act or other laws
enacted by the 84th [83rd] 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 84th [83rd]
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, 2017 [2015].
SECTION 22. EFFECT OF ACT. (a) This Act prevails over any
other Act of the 84th Legislature, Regular Session, 2015,
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 84th Legislature,
Regular Session, 2015, 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 84th
Legislature, Regular Session, 2015, 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 23. EFFECTIVE DATE. Except as otherwise provided
by this Act:
(1) this Act takes effect immediately if this Act
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 April 28,
2015, by the following vote: Yeas 141, Nays 1, 1 present, not
voting; that the House refused to concur in Senate amendments to
H.B. No. 6 on May 29, 2015, 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 31, 2015, by the following vote: Yeas 142,
Nays 1, 2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 6 was passed by the Senate, with
amendments, on May 27, 2015, 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 31, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor