Bill Text: TX HB7 | 2015-2016 | 84th Legislature | Enrolled

---

Bill Title: Relating to certain fiscal matters affecting governmental entities; reducing or affecting the amounts or rates of certain taxes, assessments, surcharges, and fees.

Sponsorship: Moderate Partisan Bill (Republican 9-2)

Status: (Passed) 2015-06-15 - Effective on 9/1/15 [HB7 Detail]

Download: Texas-2015-HB7-Enrolled.html

---

H.B. No. 7

AN ACT
relating to certain fiscal matters affecting governmental
entities; reducing or affecting the amounts or rates of certain
taxes, assessments, surcharges, and fees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 102.054, Business & Commerce Code, is
amended to read as follows:
Sec. 102.054. ALLOCATION OF CERTAIN REVENUE FOR SEXUAL
ASSAULT PROGRAMS. The comptroller shall deposit the amounts [first
$25 million] received from the fee imposed under this subchapter
[in a state fiscal biennium] to the credit of the sexual assault
program fund.
SECTION 2. Section 21.703, Education Code, is amended to
read as follows:
Sec. 21.703. [EDUCATOR EXCELLENCE INNOVATION FUND;] AMOUNT
OF GRANT AWARD. (a) [Each state fiscal year, the commissioner
shall deposit an amount determined by the General Appropriations
Act to the credit of the educator excellence innovation fund in the
general revenue fund.] Each state fiscal year, the agency shall
[use money in the educator excellence innovation fund to] provide
each school district approved on a competitive basis under this
subchapter with a grant in an amount determined by the agency in
accordance with commissioner rule.
(b) Not later than April 1 of each state fiscal year, the
agency shall provide written notice to each school district that
will be provided a grant under this section that the district will
be provided the grant and the amount of that grant.
SECTION 3. Section 41.002(a), Education Code, is amended to
read as follows:
(a) A school district may not have a wealth per student that
exceeds:
(1) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to a district with maintenance and operations tax revenue
per cent of tax effort equal to the maximum amount provided per cent
under Section 42.101(a) or (b), for the district's maintenance and
operations tax effort equal to or less than the rate equal to the
sum of the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year
and any additional tax effort included in calculating the
district's compressed tax rate under Section 42.101(a-1);
(2) the wealth per student that generates the amount
of maintenance and operations tax revenue per weighted student
available to the Austin Independent School District, as determined
by the commissioner in cooperation with the Legislative Budget
Board, for the first six cents by which the district's maintenance
and operations tax rate exceeds the rate equal to the sum of the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year and any
additional tax effort included in calculating the district's
compressed tax rate under Section 42.101(a-1), subject to Section
41.093(b-1); or
(3) $319,500, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2) [first six cents by which the
district's maintenance and operations tax effort exceeds the rate
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year].
SECTION 4. Section 41.093(b-1), Education Code, is amended
to read as follows:
(b-1) If the guaranteed level of state and local funds per
weighted student per cent of tax effort under Section
42.302(a-1)(1) for which state funds are appropriated for a school
year is an amount at least equal to the amount of revenue per
weighted student per cent of tax effort available to the Austin
Independent School District, as determined by the commissioner in
cooperation with the Legislative Budget Board, the commissioner, in
computing the amounts described by Subsections (a)(1) and (2) and
determining the cost of an attendance credit, shall exclude
maintenance and operations tax revenue resulting from the tax rate
described by Section 41.002(a)(2) [first six cents by which a
district's maintenance and operations tax rate exceeds the rate
equal to the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year].
SECTION 5. Section 42.101, Education Code, as effective
September 1, 2015, is amended by adding Subsections (a-1), (a-2),
and (c) to read as follows:
(a-1) Notwithstanding Subsection (a), for a school district
that adopted a maintenance and operations tax rate for the 2005 tax
year below the maximum rate permitted by law for that year, the
district's compressed tax rate ("DCR") includes the portion of the
district's current maintenance and operations tax rate in excess of
the first six cents above the district's compressed tax rate, as
defined by Subsection (a), until the district's compressed tax rate
computed in accordance with this subsection is equal to the state
maximum compressed tax rate ("MCR").
(a-2) Subsection (a-1) applies beginning with the 2017-2018
school year. For the 2015-2016 and 2016-2017 school years, the
board of trustees of a school district that adopted a maintenance
and operations tax rate for the 2005 tax year below the maximum rate
permitted by law for that year may choose to apply Subsection (a-1)
to the calculation of the district's compressed tax rate ("DCR"). A
board of trustees that chooses to apply Subsection (a-1) must
notify the commissioner of the decision in writing not later than
September 1 of the affected school year. This subsection expires
September 1, 2018.
(c) This subsection applies to a school district for which
the compressed tax rate ("DCR") is determined in accordance with
Subsection (a-1). Any reduction in the district's adopted
maintenance and operations tax rate is applied to the following
components of the district's tax rate in the order specified:
(1) tax effort described by Section 42.302(a-1)(2);
(2) tax effort described by Section 42.302(a-1)(1);
and
(3) tax effort included in the determination of the
district's compressed tax rate ("DCR") under Subsection (a-1).
SECTION 6. Section 42.2516, Education Code, is amended by
adding Subsection (c-1) to read as follows:
(c-1) Revenue generated by the portion of a district's
maintenance and operations tax rate included in calculating the
district's compressed tax rate under Section 42.101(a-1) and local
share under Section 42.252(a-1) is included in determining the
amount to which a district is entitled under this section, but may
not increase the total amount of revenue per weighted student to
which the district is entitled under this section. This subsection
expires September 1, 2017.
SECTION 7. Section 42.252, Education Code, is amended by
adding Subsection (a-1) to read as follows:
(a-1) Notwithstanding Subsection (a), for a school district
that adopted a maintenance and operations tax rate for the 2005 tax
year below the maximum rate permitted by law for that year, the
district's tax rate ("TR") includes the tax effort included in
calculating the district's compressed tax rate under Section
42.101(a-1).
SECTION 8. Subchapter E, Chapter 42, Education Code, is
amended by adding Section 42.262 to read as follows:
Sec. 42.262. TAX RATE CONVERSION FUND. (a) Each fiscal
year, the commissioner shall identify amounts appropriated in the
General Appropriations Act from the Foundation School Fund, to be
deposited in the tax rate conversion fund in the general revenue
fund. The amount identified by the commissioner shall be
sufficient to provide additional state aid to school districts to
which the compressed tax rate modified under Section 42.101(a-1)
applies, in excess of the level of state aid to which the district
would have been entitled had Section 42.101(a-1) not taken effect.
(b) For the purposes of state aid payments to school
districts under this chapter, the tax rate conversion fund shall be
considered to be used in the same manner as the foundation school
fund.
SECTION 9. Section 42.302(a-1), Education Code, is amended
to read as follows:
(a-1) [In this section, "wealth per student" has the meaning
assigned by Section 41.001.] For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort ("GL") for a school district
is:
(1) the greater of the amount of district tax revenue
per weighted student per cent of tax effort that would be available
to the Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board, if
the reduction of the limitation on tax increases as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
amount of district tax revenue per weighted student per cent of tax
effort used for purposes of this subdivision in the preceding
school year, for the first six cents by which the district's
maintenance and operations tax rate exceeds the rate equal to the
sum of the product of the state compression percentage, as
determined under Section 42.2516, multiplied by the maintenance and
operations tax rate adopted by the district for the 2005 tax year
and any additional tax effort included in calculating the
district's compressed tax rate under Section 42.101(a-1); and
(2) $31.95, for the district's maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (1).
SECTION 10. Section 61.5391(a), Education Code, is amended
to read as follows:
(a) The physician education loan repayment program account
is an account in the general revenue fund. The account is composed
of:
(1) gifts and grants contributed to the account;
(2) earnings on the principal of the account; and
(3) other amounts deposited to the credit of the
account, including:
(A) money deposited under Section [61.539(b) or]
61.5392;
(B) legislative appropriations; and
(C) money deposited under Section 155.2415, Tax
Code.
SECTION 11. Chapter 62, Education Code, is amended by
adding Subchapter H to read as follows:
SUBCHAPTER H. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE
Sec. 62.161. DEFINITIONS. In this subchapter:
(1) "Advisory board" means the governor's university
research initiative advisory board.
(2) "Distinguished researcher" means a researcher who
is:
(A) a Nobel laureate or the recipient of an
equivalent honor; or
(B) a member of a national honorific society,
such as the National Academy of Sciences, the National Academy of
Engineering, or the Institute of Medicine, or an equivalent
honorific organization.
(3) "Eligible institution" means a general academic
teaching institution or health-related institution.
(4) "Fund" means the governor's university research
initiative fund established under this subchapter.
(5) "General academic teaching institution" has the
meaning assigned by Section 61.003.
(6) "Governing board" has the meaning assigned by
Section 61.003.
(7) "Health-related institution" means a medical and
dental unit as defined by Section 61.003 and any other public health
science center, public medical school, or public dental school
established by statute or in accordance with Chapter 61.
(8) "Office" means the Texas Economic Development and
Tourism Office within the office of the governor.
(9) "Private or independent institution of higher
education" has the meaning assigned by Section 61.003.
Sec. 62.162. ADMINISTRATION OF INITIATIVE. (a) The
governor's university research initiative is administered by the
Texas Economic Development and Tourism Office within the office of
the governor.
(b) From the governor's university research initiative
fund, the office shall award matching grants to assist eligible
institutions in recruiting distinguished researchers.
(c) The office may adopt any rules the office considers
necessary to administer this subchapter.
Sec. 62.163. MATCHING GRANTS. (a) An eligible institution
may apply to the office for a matching grant from the fund. Before
approval or disapproval of a grant application, the office shall
consider the recommendation of the advisory board regarding the
grant proposal. If the office approves a grant application, the
office shall award to the applicant institution a grant amount
equal to the amount committed by the institution for the
recruitment of a distinguished researcher, except as provided by
Subsection (c)(2).
(b) A grant application must identify the source and amount
of the eligible institution's matching funds and must demonstrate
that the proposed use of the grant has the support of the
institution's president and of the institution's governing board,
the chair of the institution's governing board, or the chancellor
of the university system, if the institution is a component of a
university system. An applicant eligible institution may commit
for matching purposes any funds of the institution available for
that purpose other than appropriated general revenue.
(c) The office may set a deadline for grant applications for
each state fiscal year. After fully funding approved grant
applications received during an application period for a state
fiscal year, the office may reopen applications for that year and:
(1) award the full amount of matching funds from the
fund for new applications; or
(2) approve previously disapproved applications
submitted before the original application deadline for receipt of a
reduced grant amount.
(d) A matching grant received by an eligible institution
under this subchapter may not be considered as a basis to reduce,
directly or indirectly, the amount of money otherwise appropriated
to the institution.
(e) A matching grant may not be used by an eligible
institution to recruit a distinguished researcher or other employee
from:
(1) another eligible institution; or
(2) a private or independent institution of higher
education.
(f) The office shall require an application and all
supporting documentation to be submitted to the office
electronically in the manner prescribed by the office.
Sec. 62.164. GRANT AWARD CRITERIA; PRIORITIES. (a) The
office may award grants only to grant proposals that involve the
recruitment of distinguished researchers in the fields of science,
technology, engineering, mathematics, and medicine. The office
shall give priority to proposals that:
(1) demonstrate a reasonable probability of enhancing
Texas' national and global economic competitiveness;
(2) demonstrate a reasonable probability of creating a
nationally or internationally recognized locus of research
superiority or a unique locus of research;
(3) are matched with a significant amount of funding
from a federal or private source that may be transferred to the
eligible institution;
(4) are interdisciplinary and collaborative; or
(5) include a strategic plan for intellectual property
development and commercialization of technology.
(b) The office may award a grant to a proposal that:
(1) supports the recruitment of a distinguished
researcher distinguished in, or to be engaged in, basic,
translational, or applied research; or
(2) proposes the recruitment of a distinguished
researcher for new research capabilities of the eligible
institution or to expand the institution's existing research
capabilities.
(c) A grant proposal should identify a specific
distinguished researcher being recruited. In addition to the
factors considered in evaluating proposals considered a priority
under Subsection (a), the office may consider:
(1) the likelihood that the researcher being recruited
will not accept a research position with the applicant eligible
institution without the institution's receipt of a matching grant
under this subchapter;
(2) the extent to which the subject matter of the
researcher's research offers the opportunity for interdisciplinary
and collaborative research at the applicant eligible institution
and with other eligible institutions; and
(3) any commercialization track record of the
researcher being recruited.
Sec. 62.165. CONFIDENTIALITY. Information collected or
obtained by the office or the advisory board concerning the
identity of a particular distinguished researcher who is the
subject of a grant proposal under this subchapter is confidential
unless the researcher and the applicant eligible institution
consent to disclosure of the information. The information remains
confidential until the date, if any, on which the researcher enters
into an employment relationship with the recruiting institution as
contemplated in the grant proposal.
Sec. 62.166. ADVISORY BOARD. (a) The governor's
university research initiative advisory board is established to
assist the office with the review and evaluation of applications
for funding of grant proposals under this subchapter. The advisory
board shall make recommendations to the office for approval or
disapproval of those applications.
(b) The advisory board must be composed of at least nine
members appointed by the governor. Of the members of the board:
(1) one-third of the members, as nearly as possible,
must have a background in finance;
(2) one-third of the members, as nearly as possible,
must have an academic background in science, technology,
engineering, or mathematics; and
(3) one-third of the members, as nearly as possible,
must be public members.
(c) Chapter 2110, Government Code, does not apply to the
size, composition, or duration of the advisory board.
(d) A member of the advisory board who is or has been
employed by, is or has been a party to a contract for any purpose
with, or is a student or former student of an applicant eligible
institution may not be involved in the review, evaluation, or
recommendation of a grant proposal made by that institution.
(e) An advisory board member is not required to be a
resident of this state.
(f) Appointments to the advisory board shall be made without
regard to the race, color, disability, sex, religion, age, or
national origin of the appointees.
(g) Members of the advisory board serve without
compensation but are entitled to reimbursement for actual and
necessary expenses in attending meetings of the board or performing
other official duties authorized by the office.
Sec. 62.167. TIMELY ACTION ON APPLICATIONS. (a) The
advisory board shall meet in person or by teleconference to
consider grant applications under this subchapter and shall strive
to present to the office the board's recommendation for approval or
disapproval of an application not later than the 14th day after the
date the board receives the application.
(b) The office shall make a final decision regarding
approval of a grant application not later than the 14th day after
the date the office receives the advisory board's recommendation.
Sec. 62.168. GOVERNOR'S UNIVERSITY RESEARCH INITIATIVE
FUND. (a) The governor's university research initiative fund is a
dedicated account in the general revenue fund.
(b) The fund consists of:
(1) amounts appropriated or otherwise allocated or
transferred by law to the fund; and
(2) gifts, grants, and other donations received for
the fund.
(c) Sections 403.095 and 404.071, Government Code, do not
apply to the fund.
(d) The fund may be used by the office only for the purposes
of this subchapter, including for necessary expenses incurred in
the administration of the fund and this subchapter.
SECTION 12. Subchapter B, Chapter 403, Government Code, is
amended by adding Section 403.0143 to read as follows:
Sec. 403.0143. REPORT ON USE OF GENERAL REVENUE-DEDICATED
ACCOUNTS. After each regular session of the legislature, the
comptroller shall issue a report that itemizes each general
revenue-dedicated account and the estimated balance and revenue in
each account that is considered available for the purposes of
certification of appropriations as provided by Section 403.095.
The comptroller shall publish the report on the comptroller's
Internet website.
SECTION 13. Section 403.0956, Government Code, is amended
to read as follows:
Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN
DEDICATED REVENUE. Notwithstanding any other law, all interest or
other earnings that accrue on all revenue held in an account in the
general revenue fund any part of which Section 403.095 makes
available for certification under Section 403.121 are available for
any general governmental purpose, and the comptroller shall deposit
the interest and earnings to the credit of the general revenue
fund. This section does not apply to:
(1) interest or earnings on revenue deposited in
accordance with Section 51.008, Education Code;
(2) an account that accrues interest or other earnings
on deposits of state or federal money the diversion of which is
specifically excluded by federal law;
(3) the lifetime license endowment account; [or]
(4) the game, fish, and water safety account;
(5) the coastal protection account;
(6) the Alamo complex account; or
(7) the artificial reef account.
SECTION 14. Section 420.008(c), Government Code, is amended
to read as follows:
(c) The legislature may appropriate money deposited to the
credit of the fund only to:
(1) the attorney general, for:
(A) sexual violence awareness and prevention
campaigns;
(B) grants to faith-based groups, independent
school districts, and community action organizations for programs
for the prevention of sexual assault and programs for victims of
human trafficking;
(C) grants for equipment for sexual assault nurse
examiner programs, to support the preceptorship of future sexual
assault nurse examiners, and for the continuing education of sexual
assault nurse examiners;
(D) grants to increase the level of sexual
assault services in this state;
(E) grants to support victim assistance
coordinators;
(F) grants to support technology in rape crisis
centers;
(G) grants to and contracts with a statewide
nonprofit organization exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code of 1986, having as a
primary purpose ending sexual violence in this state, for programs
for the prevention of sexual violence, outreach programs, and
technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence; [and]
(H) grants to regional nonprofit providers of
civil legal services to provide legal assistance for sexual assault
victims;
(I) grants to prevent sex trafficking and to
provide services for victims of sex trafficking; and
(J) grants to carry out the purpose of this
chapter, including standardizing the quality of services provided,
preventing sexual assault, and improving services to survivors of
sexual assault;
(2) the Department of State Health Services, to
measure the prevalence of sexual assault in this state and for
grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic Violence and Sexual
Assault or the Bureau of Business Research at The University of
Texas at Austin, to conduct research on all aspects of sexual
assault and domestic violence;
(4) Texas State University, for training and technical
assistance to independent school districts for campus safety;
(5) the office of the governor, for grants to support
sexual assault and human trafficking prosecution projects;
(6) the department [Department of Public Safety], to
support sexual assault training for commissioned officers;
(7) the comptroller's judiciary section, for
increasing the capacity of the sex offender civil commitment
program;
(8) the Texas Department of Criminal Justice:
(A) for pilot projects for monitoring sex
offenders on parole; and
(B) for increasing the number of adult
incarcerated sex offenders receiving treatment;
(9) the Texas Juvenile Justice Department [Youth
Commission], for increasing the number of incarcerated juvenile sex
offenders receiving treatment;
(10) the comptroller, for the administration of the
fee imposed on sexually oriented businesses under Section 102.052,
Business & Commerce Code; [and]
(11) the supreme court, to be transferred to the Texas
[Equal] Access to Justice Foundation, or a similar entity, to
provide victim-related legal services to sexual assault victims,
including legal assistance with protective orders,
relocation-related matters, victim compensation, and actions to
secure privacy protections available to victims under law;
(12) any state agency or organization for the purpose
of conducting human trafficking enforcement programs; and
(13) any other designated state agency for the purpose
of preventing sexual assault or improving services for victims of
sexual assault.
SECTION 15. The heading to Chapter 490, Government Code, is
amended to read as follows:
CHAPTER 490. WINDING UP CONTRACTS AND STATE'S INVESTMENT
PORTFOLIO IN CONNECTION WITH AWARDS FROM TEXAS [FUNDING FOR]
EMERGING TECHNOLOGY FUND
SECTION 16. Section 490.101, Government Code, is amended by
adding Subsection (b-1) to read as follows:
(b-1) The fund may be used only for the purposes described
by Section 490.104.
SECTION 17. Subchapter C, Chapter 490, Government Code, is
amended by adding Sections 490.104 and 490.105 to read as follows:
Sec. 490.104. MANAGEMENT OF INVESTMENT PORTFOLIO; WINDING
UP AND FINAL LIQUIDATION. (a) In this section, "state's emerging
technology investment portfolio" means:
(1) the equity positions in the form of stock or other
security the governor took, on behalf of the state, in companies
that received awards under the Texas emerging technology fund; and
(2) any other investments made by the governor, on
behalf of the state, in connection with an award made under the
Texas emerging technology fund.
(b) The Texas Treasury Safekeeping Trust Company shall
manage and wind up the state's emerging technology investment
portfolio. The trust company shall wind up the portfolio in a
manner that, to the extent feasible, provides for the maximum
return on the state's investment while also ensuring the return of
the state's investment. In managing those investments through
procedures and subject to restrictions that the trust company
considers appropriate, the trust company may acquire, exchange,
sell, supervise, manage, or retain any kind of investment that a
prudent investor, exercising reasonable care, skill, and caution,
would acquire or retain in light of the purposes, terms,
distribution requirements, and other circumstances then prevailing
pertinent to each investment. The trust company may recover its
reasonable and necessary costs incurred in the management of the
portfolio, including costs incurred in the retaining of
professional or technical advisors, from the earnings on the
investments in the portfolio.
(c) Any realized proceeds or other earnings from the sale of
stock or other investments in the state's emerging technology
investment portfolio, less the amount permitted to be retained for
payment of its costs for managing the portfolio as provided by
Subsection (b), shall be remitted by the Texas Treasury Safekeeping
Trust Company to the comptroller for deposit in the general revenue
fund.
(d) The Texas Treasury Safekeeping Trust Company has any
power necessary to accomplish the purposes of this section.
(e) On final liquidation of the state's emerging technology
investment portfolio, the Texas Treasury Safekeeping Trust Company
shall promptly notify the comptroller of that occurrence. As soon
as practicable after receiving that notice, the comptroller shall
verify that the final liquidation has been completed and, if the
comptroller so verifies, shall certify to the governor that the
final liquidation of the portfolio has been completed. The
governor shall post notice of the certification on the office of the
governor's Internet website.
Sec. 490.105. CONFIDENTIALITY OF CERTAIN INFORMATION. (a)
Except as provided by Subsection (b), information concerning the
identity, background, finance, marketing plans, trade secrets, or
other commercially or academically sensitive information of an
individual or entity that was considered for or received an award
from the Texas emerging technology fund is confidential unless the
individual or entity consents to disclosure of the information.
(b) The following information collected in connection with
the Texas emerging technology fund is public information and may be
disclosed under Chapter 552, Government Code:
(1) the name and address of an individual or entity
that received an award from the fund;
(2) the amount of funding received by an award
recipient;
(3) a brief description of the project funded by the
award;
(4) if applicable, a brief description of the equity
position that the governor, on behalf of the state, has taken in an
entity that received an award from the fund; and
(5) any other information with the consent of:
(A) the governor;
(B) the lieutenant governor;
(C) the speaker of the house of representatives;
and
(D) the individual or entity that received an
award from the fund, if the information relates to that individual
or entity.
SECTION 18. Section 614.104, Government Code, is amended by
amending Subsections (a) and (b) and adding Subsection (d) to read
as follows:
(a) The volunteer fire department assistance fund is an
account in the general revenue fund and is composed of money
collected under Chapter 2007 [Article 5.102], Insurance Code, and
contributions to the fund from any other source.
(b) Except as provided by Subsections [Subsection] (c) and
(d), money in the fund may be used only for a purpose under this
subchapter.
(d) Money in the fund may be appropriated for a contribution
to the Texas Emergency Services Retirement System subject to
Section 865.015.
SECTION 19. Section 361.014(a), Health and Safety Code, is
amended to read as follows:
(a) Revenue received by the commission under Section
361.013 shall be deposited in the state treasury to the credit of
the commission. Of that revenue, 66.7 percent is dedicated to the
commission's municipal solid waste permitting programs,
enforcement programs, and site remediation programs, and to pay for
activities that will enhance the state's solid waste management
program. The commission shall issue a biennial report to the
legislature describing in detail how the money was spent. The
activities to enhance the state's solid waste management program
may include:
(1) provision of funds for the municipal solid waste
management planning fund and the municipal solid waste resource
recovery applied research and technical assistance fund
established by the Comprehensive Municipal Solid Waste Management,
Resource Recovery, and Conservation Act (Chapter 363);
(2) conduct of demonstration projects and studies to
help local governments of various populations and the private
sector to convert to accounting systems and set rates that reflect
the full costs of providing waste management services and are
proportionate to the amount of waste generated;
(3) provision of technical assistance to local
governments concerning solid waste management;
(4) establishment of a solid waste resource center in
the commission and an office of waste minimization and recycling;
(5) provision of supplemental funding to local
governments for the enforcement of this chapter, the Texas Litter
Abatement Act (Chapter 365), and Chapters 391 and 683,
Transportation Code;
(6) conduct of a statewide public awareness program
concerning solid waste management;
(7) provision of supplemental funds for other state
agencies with responsibilities concerning solid waste management,
recycling, and other initiatives with the purpose of diverting
recyclable waste from landfills;
(8) conduct of research to promote the development and
stimulation of markets for recycled waste products;
(9) creation of a state municipal solid waste
superfund, from funds appropriated, for:
(A) the cleanup of unauthorized tire dumps and
solid waste dumps for which a responsible party cannot be located or
is not immediately financially able to provide the cleanup;
(B) the cleanup or proper closure of abandoned or
contaminated municipal solid waste sites for which a responsible
party is not immediately financially able to provide the cleanup;
and
(C) remediation, cleanup, and proper closure of
unauthorized recycling sites for which a responsible party is not
immediately financially able to perform the remediation, cleanup,
and closure;
(10) provision of funds to mitigate the economic and
environmental impacts of lead-acid battery recycling activities on
local governments; [and]
(11) provision of funds for the conduct of research by
a public or private entity to assist the state in developing new
technologies and methods to reduce the amount of municipal waste
disposed of in landfills; and
(12) provision of funds for grants to encourage
entities located in an affected county or a nonattainment area, as
defined by Section 386.001, to convert heavy-duty vehicles used for
municipal solid waste collection into vehicles powered by natural
gas engines.
SECTION 20. Section 361.133, Health and Safety Code, is
amended by adding Subsection (c-1) to read as follows:
(c-1) Notwithstanding Subsection (c), money in the account
attributable to fees imposed under Section 361.138 may be used for
environmental remediation at the site of a closed battery recycling
facility located in the municipal boundaries of a municipality with
a population of greater than 120,000. This subsection expires
September 30, 2016.
SECTION 21. Section 382.0622(a), Health and Safety Code, is
amended to read as follows:
(a) Clean Air Act fees consist of:
(1) fees collected by the commission under Sections
382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
by law;
(2) $2 from the portion of each fee collected for
inspections of vehicles other than mopeds and remitted to the state
under Sections [Section] 548.501 and 548.503, Transportation Code;
and
(3) fees collected that are required under Section 185
of the federal Clean Air Act (42 U.S.C. Section 7511d).
SECTION 22. The heading to Section 780.002, Health and
Safety Code, is amended to read as follows:
Sec. 780.002. CERTAIN DEPOSITS TO ACCOUNT.
SECTION 23. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Sections 542.406 and 707.008, Transportation
Code, and under Section 780.002 of this code[, and the earnings of
the account].
SECTION 24. Section 2007.002, Insurance Code, is amended to
read as follows:
Sec. 2007.002. ASSESSMENT. The comptroller shall assess
against all insurers to which this chapter applies amounts for each
state fiscal year necessary, as determined by the commissioner, to
collect a combined total equal to the lesser of:
(1) the total amount that the General Appropriations
Act appropriates from the volunteer fire department assistance fund
account in the general revenue fund for that state fiscal year other
than appropriations for contributions to the Texas Emergency
Services Retirement System made under Section 614.104(d),
Government Code; or [and]
(2) $30 million.
SECTION 25. Chapter 140, Local Government Code, is amended
by adding Section 140.011 to read as follows:
Sec. 140.011. LOCAL GOVERNMENTS DISPROPORTIONATELY
AFFECTED BY PROPERTY TAX RELIEF FOR DISABLED VETERANS. (a) In this
section:
(1) "General fund revenue" means revenue generated by
a local government from the following sources during a fiscal year
and deposited in the dedicated general operating fund of the local
government during that fiscal year:
(A) ad valorem taxes;
(B) sales and use taxes;
(C) franchise taxes, fees, or assessments
charged for use of the local government's right-of-way;
(D) building and development fees, including
permit and inspection fees;
(E) court fines and fees;
(F) other fees, assessments, and charges; and
(G) interest earned by the local government.
(2) "Local government" means:
(A) a municipality adjacent to a United States
military installation; and
(B) a county in which a United States military
installation is wholly or partly located.
(3) "Qualified local government" means a local
government entitled to a disabled veteran assistance payment under
this section.
(b) To serve the state purpose of ensuring that the cost of
providing ad valorem tax relief to disabled veterans is shared
equitably among the residents of this state, a local government is
entitled to a disabled veteran assistance payment from the state
for each fiscal year that the local government is a qualified local
government. A local government is a qualified local government for
a fiscal year if the amount of lost ad valorem tax revenue
calculated under Subsection (c) for that fiscal year is equal to or
greater than two percent of the local government's general fund
revenue for that fiscal year.
(c) For the purposes of this section, the amount of a local
government's lost ad valorem tax revenue for a fiscal year is
calculated by multiplying the ad valorem tax rate adopted by the
local government under Section 26.05, Tax Code, for the tax year in
which the fiscal year begins by the total appraised value of all
property located in the local government that is granted an
exemption from taxation under Section 11.131, Tax Code, for that
tax year.
(d) A disabled veteran assistance payment made to a
qualified local government for a fiscal year is calculated by
subtracting from the local government's lost ad valorem tax revenue
calculated under Subsection (c) for that fiscal year an amount
equal to one percent of the local government's general fund revenue
for that fiscal year.
(e) Not later than April 1 of the first year following the
end of a fiscal year for which a qualified local government is
entitled to a disabled veteran assistance payment, a qualified
local government may submit an application to the comptroller to
receive a disabled veteran assistance payment for that fiscal year.
The application must be made on a form prescribed by the
comptroller. The comptroller may require the qualified local
government to submit an independent audit otherwise required by law
to be prepared for the local government for the fiscal year for
which a qualified local government is entitled to the payment.
(f) A qualified local government that does not submit an
application to the comptroller by the date prescribed by Subsection
(e) is not entitled to a disabled veteran assistance payment for the
fiscal year for which that deadline applies.
(g) The comptroller shall review each application by a local
government to determine whether the local government is entitled to
a disabled veteran assistance payment. If the comptroller
determines that the local government is entitled to the payment,
the comptroller shall remit the payment from available funds to the
qualified local government not later than the 30th day after the
date the application for the payment is made.
(h) The comptroller shall transfer funds to a newly created
account in the state treasury for the purpose of reimbursement of
local governments under this section.
(i) The comptroller shall adopt rules necessary to
implement this section.
SECTION 26. Section 81.0521(c), Natural Resources Code, is
amended to read as follows:
(c) The [Two-thirds of the] proceeds from this fee,
excluding any penalties collected in connection with the fee, shall
be deposited to the oil and gas regulation and cleanup fund as
provided by Section 81.067.
SECTION 27. Section 81.067(c), Natural Resources Code, is
amended to read as follows:
(c) The fund consists of:
(1) proceeds from bonds and other financial security
required by this chapter and benefits under well-specific plugging
insurance policies described by Section 91.104(c) that are paid to
the state as contingent beneficiary of the policies, subject to the
refund provisions of Section 91.1091, if applicable;
(2) private contributions, including contributions
made under Section 89.084;
(3) expenses collected under Section 89.083;
(4) fees imposed under Section 85.2021;
(5) costs recovered under Section 91.457 or 91.459;
(6) proceeds collected under Sections 89.085 and
91.115;
(7) interest earned on the funds deposited in the
fund;
(8) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(9) costs recovered under Section 91.113(f);
(10) hazardous oil and gas waste generation fees
collected under Section 91.605;
(11) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(12) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(13) fees for a reissued certificate collected under
Section 91.707;
(14) fees collected under Section 91.1013;
(15) fees collected under Section 89.088;
(16) fees collected under Section 91.142;
(17) fees collected under Section 91.654;
(18) costs recovered under Sections 91.656 and 91.657;
(19) [two-thirds of the] fees collected under Section
81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations;
(22) any surcharges collected under Section 81.070;
[and]
(23) fees collected under Section 91.0115;
(24) money deposited to the credit of the fund under
Section 81.112;
(25) fees collected under Subchapter E, Chapter 121,
Utilities Code; and
(26) fees collected under Section 27.0321, Water Code.
SECTION 28. Section 81.068, Natural Resources Code, as
amended by Chapters 835 (H.B. 7) and 1075 (H.B. 3309), Acts of the
83rd Legislature, Regular Session, 2013, is reenacted and amended
to read as follows:
Sec. 81.068. PURPOSES OF OIL AND GAS REGULATION AND CLEANUP
FUND. Money in the oil and gas regulation and cleanup fund may be
used by the commission or its employees or agents for any purpose
related to the regulation of oil and gas development, including oil
and gas monitoring and inspections, oil and gas remediation, and
oil and gas well plugging, the study and evaluation of electronic
access to geologic data and surface casing depths necessary to
protect usable groundwater in this state, alternative fuels
programs under Section 81.0681, the administration of pipeline
safety and regulatory programs, public information and services
related to those activities, and administrative costs and state
benefits for personnel involved in those activities.
SECTION 29. Section 81.112, Natural Resources Code, is
amended to read as follows:
Sec. 81.112. DISPOSITION OF TAX PROCEEDS. The tax shall be
deposited in the oil and gas regulation and cleanup fund as provided
by Section 81.067 [General Revenue Fund].
SECTION 30. Section 153.0535(b), Occupations Code, is
amended to read as follows:
(b) The board shall deposit each surcharge collected to the
credit of the public assurance account. The public assurance
account is an account in the general revenue fund that shall be
appropriated only to the board to pay for the board's licensure and
enforcement programs [program], including the expert physician
panel.
SECTION 31. (a) Sections 201.354(d) and (g), Occupations
Code, are amended to read as follows:
(d) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the annual renewal fee set by
the board under Section 201.153(a) [and the increase in that fee
required by Section 201.153(b)]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 201.153(a) [and the increase in that fee required by
Section 201.153(b)].
(g) A person may renew a license that has been expired for at
least one year but not more than three years if:
(1) the board determines according to criteria adopted
by board rule that the person has shown good cause for the failure
to renew the license; and
(2) the person pays to the board:
(A) the annual renewal fee set by the board under
Section 201.153(a) for each year in which the license was expired;
and
(B) an additional fee in an amount equal to the
sum of:
(i) the annual renewal fee set by the board
under Section 201.153(a), multiplied by the number of years the
license was expired, prorated for fractional years; and
(ii) two times the annual renewal fee set by
the board under Section 201.153(a)[; and
[(C) the increase in the annual renewal fee
required by Section 201.153(b)].
(b) Section 351.304(b), Occupations Code, is amended to
read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] one and one-half times the annual renewal
fee set by the board under Section 351.152 [and the additional fee
required by Section 351.153]. If a person's license has been
expired for more than 90 days but less than one year, the person may
renew the license by paying to the board a renewal fee that is equal
to [the sum of] two times the annual renewal fee set by the board
under Section 351.152 [and the additional fee required by Section
351.153].
(c) Section 351.306(b), Occupations Code, is amended to
read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section 351.152
[351.153(a)].
(d) Sections 801.303(b) and (c), Occupations Code, are
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board a renewal fee that
is equal to [the sum of] 1-1/2 times the renewal fee set by the board
under Section 801.154(a) [and the additional fee required by
Section 801.154(b), if applicable].
(c) A person whose license has been expired for more than 90
days but less than one year may renew the license by paying to the
board a renewal fee that is equal to [the sum of] two times the
renewal fee set by the board under Section 801.154(a) [and the
additional fee required by Section 801.154(b), if applicable].
(e) Section 801.305(b), Occupations Code, is amended to
read as follows:
(b) The person must pay to the board a fee that is equal to
the amount of the renewal fee set by the board under Section
801.154(a) [and the additional fee required by Section 801.154(b)].
(f) Sections 901.155(a) and (c), Occupations Code, are
amended to read as follows:
(a) The fee for the issuance or renewal of a license under
this chapter consists of:
(1) the amount of the fee set by the board under
Section 901.154; and
(2) [the fee increase imposed under Section 901.406;
and
[(3)] an additional $10 annual fee to be deposited to
the credit of the scholarship trust fund for fifth-year accounting
students.
(c) The administrative costs incurred to collect the fee
imposed under Subsection (a)(2) [(a)(3)] and to disburse the money
may not exceed 10 percent of the total money collected.
(g) Section 901.405(f), Occupations Code, is amended to
read as follows:
(f) A person who was licensed in this state, moved to
another state, and is currently licensed and has been in practice in
the other state for the two years preceding the date of application
may obtain a new license without reexamination. A person described
by this subsection whose license has been revoked under Section
901.502(3) or (4) may obtain a new license under this subsection. A
person described by this subsection must pay to the board a fee that
is equal to two times the normally required renewal fee for the
license [and is not subject to additional fees under Section
901.408].
(h) Section 901.408(a), Occupations Code, is amended to
read as follows:
(a) A person, other than a person described by Section
901.405(f), who fails to pay the license renewal fee [or the
additional fee imposed under Section 901.407, as applicable,] and
any late fee before the first anniversary of the due date of the
renewal fee [or additional fee] may renew the person's license only
by submitting to the board an application for renewal accompanied
by payment of:
(1) all accrued fees, including late fees; and
(2) the direct administrative costs incurred by the
board in renewing the person's license.
(i) Sections 1001.353(b) and (c), Occupations Code, are
amended to read as follows:
(b) A person whose license has been expired for 90 days or
less may renew the license by paying to the board the required
annual renewal fee and [,] a late renewal fee [, and any applicable
increase in fees as required by Section 1001.206].
(c) A person whose license has been expired for more than 90
days but less than two years may renew the license by paying to the
board the required annual renewal fee and [,] a late renewal fee [,
and any applicable increase in fees as required by Section
1001.206] for each delinquent year or part of a year.
(j) Section 1001.355(d), Occupations Code, is amended to
read as follows:
(d) To return to active status, a license holder on inactive
status must:
(1) file with the board a written notice requesting
reinstatement to active status;
(2) pay the fee for the annual renewal of the license
[and the fee increase required by Section 1001.206]; and
(3) provide evidence satisfactory to the board that
the person has complied with the continuing education requirements
adopted by the board.
(k) Section 1101.154(a), Occupations Code, is amended to
read as follows:
(a) The fee for the issuance or renewal of a:
(1) broker license is the amount of the fee set under
Section [Sections] 1101.152 [and 1101.153] and an additional $70
[$20] fee;
(2) salesperson license is the amount of the fee set
under Section 1101.152 and an additional $20 fee; and
(3) certificate of registration is the amount of the
fee set under Section 1101.152 and an additional $20 fee.
(l) The following provisions are repealed:
(1) Section 153.053, Occupations Code;
(2) Sections 201.153(b) and (c), Occupations Code;
(3) Section 254.004(b), Occupations Code;
(4) Section 351.153, Occupations Code;
(5) Section 501.153, Occupations Code;
(6) Sections 801.154(b), (c), and (d), Occupations
Code;
(7) Section 901.406, Occupations Code;
(8) Section 901.407, Occupations Code;
(9) Section 901.410, Occupations Code;
(10) Section 1001.206, Occupations Code;
(11) Section 1051.652, Occupations Code;
(12) Section 1052.0541, Occupations Code;
(13) Section 1053.0521, Occupations Code;
(14) Section 1071.1521, Occupations Code;
(15) Section 1101.153, Occupations Code;
(16) Section 1105.003(e), Occupations Code;
(17) Section 1152.053, Occupations Code;
(18) Subchapter H, Chapter 191, Tax Code; and
(19) Section 41, The Securities Act (Article 581-41,
Vernon's Texas Civil Statutes).
(m) The changes in law made by this section do not affect a
surcharge, additional fee, additional charge, fee increase, tax, or
late fee imposed before the effective date of this Act, and the law
in effect before the effective date of this Act is continued in
effect for purposes of the liability for and collection of those
surcharges, additional fees, additional charges, fee increases,
taxes, and late fees.
SECTION 32. Section 1105.003(d), Occupations Code, is
amended to read as follows:
(d) All [Except as provided by Subsection (e), all] fees and
funds collected by the commission or the board and any funds
appropriated to the commission or the board shall be deposited in
interest-bearing deposit accounts in the Texas Treasury
Safekeeping Trust Company. The comptroller shall contract with
the commission and the board for the maintenance of the deposit
accounts under terms comparable to a contract between a commercial
banking institution and the institution's customers.
SECTION 33. Section 1701.156, Occupations Code, is amended
by adding Subsection (c) to read as follows:
(c) The Department of Public Safety may use money
appropriated to the department from the account to award grants to
local law enforcement agencies for training on incident-based
reporting systems to be used for reporting information and
statistics concerning criminal offenses committed in this state.
The department shall adopt rules governing the award of grants by
the department under this subsection.
SECTION 34. Section 1701.157, Occupations Code, is amended
by adding Subsection (a-1) to read as follows:
(a-1) Subsection (a) does not apply to money appropriated to
the Department of Public Safety from the account for the purpose of
awarding grants to local law enforcement agencies for training on
incident-based reporting systems under Section 1701.156(c).
SECTION 35. Section 151.0515(b), Tax Code, is amended to
read as follows:
(b) In each county in this state, a surcharge is imposed on
the retail sale, lease, or rental of new or used equipment in an
amount equal to 1.5 [two] percent of the sale price or the lease or
rental amount.
SECTION 36. Section 155.2415, Tax Code, is amended to read
as follows:
Sec. 155.2415. ALLOCATION OF CERTAIN REVENUE TO PROPERTY
TAX RELIEF FUND AND CERTAIN OTHER FUNDS. (a) Notwithstanding
Section 155.241, the proceeds from the collection of taxes imposed
by Section 155.0211 shall be allocated as follows:
(1) the amount of the proceeds that is equal to the
amount that, if the taxes imposed by Section 155.0211 were imposed
at a rate of 40 percent of the manufacturer's list price, exclusive
of any trade discount, special discount, or deal, would be
attributable to the portion of that tax rate in excess of 35.213
percent, shall be deposited to the credit of the property tax relief
fund under Section 403.109, Government Code;
(2) the amount of the proceeds that is equal to the
amount that would be attributable to a tax rate of 35.213 percent of
the manufacturer's list price, exclusive of any trade discount,
special discount, or deal, if the taxes were imposed by Section
155.0211 at that rate, shall be deposited to the credit of the
general revenue fund; and
(3) 100 percent of the remaining proceeds shall be
deposited to the credit of:
(A) the physician education loan repayment
program account established under Subchapter J, Chapter 61,
Education Code; or
(B) the general revenue fund, if the comptroller
determines that the unencumbered beginning balance of the physician
education loan repayment account established under Subchapter J,
Chapter 61, Education Code, is sufficient to fund appropriations
and other direct and indirect costs from that account for the
fulfillment of existing and expected physician loan repayment
commitments during the current state fiscal biennium.
(b) Proceeds deposited in accordance with Subsection
(a)(3)(B) may be appropriated only for health care purposes.
SECTION 37. Section 504.6012, Transportation Code, is
amended to read as follows:
Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS;
REVENUES IN TRUST. (a) Notwithstanding any other law [provision of
this subchapter], not later than September 30, 2015 [2013], the
comptroller shall eliminate all dedicated accounts established for
specialty license plates [under this subchapter] and shall set
aside the balances of those dedicated accounts so that the balances
may be appropriated only for the purposes intended as provided by
the dedications.
(b) On and after September 1, 2015 [2013], the portion of a
fee payable [under this subchapter] that is designated for deposit
to a dedicated account shall be paid instead to the credit of an
account in a trust fund created by the comptroller outside the
general revenue fund. The comptroller shall administer the trust
fund and accounts and may allocate the corpus and earnings on each
account only in accordance with the dedications of the revenue
deposited to the trust fund accounts.
SECTION 38. Section 542.406(c), Transportation Code, is
amended to read as follows:
(c) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (d) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 39. Section 707.008(a), Transportation Code, is
amended to read as follows:
(a) Not later than the 60th day after the end of a local
authority's fiscal year, after deducting amounts the local
authority is authorized by Subsection (b) to retain, the local
authority shall:
(1) send 50 percent of the revenue derived from civil
or administrative penalties collected by the local authority under
this section to the comptroller for deposit to the credit of the
designated [regional] trauma facility and emergency medical
services account established under Section 780.003 [782.002],
Health and Safety Code; and
(2) deposit the remainder of the revenue in a special
account in the local authority's treasury that may be used only to
fund traffic safety programs, including pedestrian safety
programs, public safety programs, intersection improvements, and
traffic enforcement.
SECTION 40. Section 708.103, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (c) to
read as follows:
(b) Except as provided by Subsection (c), the [The] amount
of a surcharge under this section is $250 per year.
(c) The amount of a surcharge under this section is $125 per
year if the person:
(1) has been convicted of an offense under Section
601.191, and no other offense described by Subsection (a); and
(2) establishes financial responsibility under
Section 601.051 not later than the 60th day after the date of the
offense through a motor vehicle liability insurance policy that:
(A) complies with Subchapter D, Chapter 601; and
(B) is prepaid and valid for at least a six-month
period.
SECTION 41. Section 708.104, Transportation Code, is
amended by amending Subsection (b) and adding Subsection (b-1) to
read as follows:
(b) Except as provided by Subsection (b-1), the [The] amount
of a surcharge under this section is $100 per year.
(b-1) The amount of a surcharge under this section is $50
per year if the person obtains a driver's license not later than the
60th day after the date of the offense.
SECTION 42. Section 39.9039(b), Utilities Code, is amended
to read as follows:
(b) Notwithstanding Section 39.903(e), money in the system
benefit fund may be appropriated:
(1) for the state fiscal year beginning September 1,
2013, a program established by the commission to assist low-income
electric customers by providing a reduced rate for the months of
September, 2013, and May through August, 2014, in the manner
prescribed by Section 39.903(h) at a rate of up to 82 percent;
(2) for the state fiscal year beginning September 1,
2014, a program established by the commission to assist low-income
electric customers by providing a reduced rate for the months of
September, 2014, and May through August, 2015, in the manner
prescribed by Section 39.903(h) at a rate of up to 15 percent;
(3) for the state fiscal year beginning September 1,
2015, a program established by the commission to assist low-income
electric customers by providing a reduced rate [for the months of
September, 2015, and May through August, 2016,] in the manner
prescribed by Section 39.903(h) at a rate the commission determines
is necessary to exhaust the system benefit fund [of up to 15
percent]; and
(4) for customer education programs and
administrative expenses incurred by the commission in implementing
and administering this chapter.
SECTION 43. Section 121.211(h), Utilities Code, is amended
to read as follows:
(h) A fee collected under this section shall be deposited to
the credit of the oil and gas regulation and cleanup [general
revenue] fund as provided by Section 81.067, Natural Resources Code
[to be used for the pipeline safety and regulatory program].
SECTION 44. Section 26.3574(b-1), Water Code, is amended to
read as follows:
(b-1) The commission by rule shall set the amount of the fee
in Subsection (b) in an amount not to exceed the amount necessary to
cover the agency's costs of administering this subchapter, as
indicated by the amount appropriated by the legislature from the
petroleum storage tank remediation account for that purpose, not
including any amount appropriated by the legislature from the
petroleum storage tank remediation account for the purpose of the
monitoring or remediation of releases occurring on or before
December 22, 1998.
SECTION 45. Section 27.0321, Water Code, is amended to read
as follows:
Sec. 27.0321. APPLICATION FEE. (a) With each application
for an oil and gas waste disposal well permit, the applicant shall
submit to the railroad commission a nonrefundable fee of $100.
(b) The fee collected under this section shall be deposited
to the credit of the oil and gas regulation and cleanup fund as
provided by Section 81.067, Natural Resources Code.
SECTION 46. The following provisions of law, including
provisions amended by S.B. 219, Acts of the 84th Legislature,
Regular Session, 2015, are repealed:
(1) Section 102.055, Business & Commerce Code;
(2) Section 61.539, Education Code;
(3) Section 780.003(c), Health and Safety Code;
(4) Chapter 782, Health and Safety Code; and
(5) Section 81.113, Natural Resources Code.
SECTION 47. The following laws are repealed:
(1) Sections 490.101(c), (d), (e), (f), (f-1), (g),
(h), and (i), Government Code;
(2) Section 490.102, Government Code; and
(3) Subchapters A, B, D, E, F, and G, Chapter 490,
Government Code.
SECTION 48. (a) The Texas emerging technology fund is
continued solely for the purposes of winding up the contracts
governing awards from that fund and the state's portfolio of equity
positions and other investments in connection with awards from that
fund in accordance with Section 490.104, Government Code, as added
by this Act. The Texas emerging technology fund is abolished and
Sections 490.101(a), (b), and (b-1), Government Code, are repealed
when the comptroller certifies to the governor as provided by
Section 490.104, Government Code, as added by this Act, that the
final liquidation of the state's portfolio of equity positions and
other investments by the Texas Treasury Safekeeping Trust Company
has been completed. On the effective date of this Act, any
unencumbered fund balance in the Texas emerging technology fund may
be appropriated in accordance with Subsection (a-1) of this
section.
(a-1) Any unencumbered balance of the Texas emerging
technology fund may be appropriated only to one or more of the
following:
(1) the Texas Research Incentive Program (TRIP) under
Subchapter F, Chapter 62, Education Code;
(2) the Texas research university fund, subject to
Subsection (b) of this section;
(3) the governor's university research initiative fund
established under Subchapter H, Chapter 62, Education Code, as
added by this Act;
(4) the Texas Enterprise Fund established under
Section 481.078, Government Code; and
(5) the comptroller for the purposes of expenses
incurred in managing the state's portfolio of equity positions and
other investments in connection with awards from the Texas emerging
technology fund in accordance with Section 490.104, Government
Code, as added by this Act.
(b) The authority of the Texas research university fund to
receive the appropriation described by Subsection (a-1) of this
section is contingent on passage and enactment of H.B. 1000, or
similar legislation relating to state support for general academic
teaching institutions in this state by the 84th Legislature,
Regular Session, 2015, that renames the existing Texas competitive
knowledge fund and changes the purposes for which the fund can be
used.
(c) The abolishment by this Act of the Texas emerging
technology fund and the repeal of provisions of Chapter 490,
Government Code, relating to that fund do not affect the validity of
an agreement between the governor and an award recipient or a person
to be awarded money that is entered into under Chapter 490 before
September 1, 2015.
(d) Money that was deposited in the Texas emerging
technology fund as a gift, grant, or donation under Chapter 490,
Government Code, and that is encumbered by the specific terms of the
gift, grant, or donation may be spent only in accordance with the
terms of the gift, grant, or donation.
(e) Money from the Texas emerging technology fund that is
encumbered because the money is awarded or otherwise obligated by
agreement before September 1, 2015, but under the terms of the award
or agreement will not be distributed until a later date shall be
distributed in accordance with the terms of the award or agreement.
If the governor determines that the money will not be distributed in
accordance with the terms of the award or agreement, the governor
shall certify that fact to the comptroller. On that certification,
the comptroller shall make that money available in the general
revenue fund to be used in accordance with legislative
appropriation.
(f) On or after the effective date of this Act, the
following payments or other amounts shall be sent to the
comptroller for deposit to the Texas emerging technology fund to be
used solely for the purposes of winding up the state's portfolio of
equity positions and other investments as provided by Sections
490.101(b-1) and 490.104, Government Code, as added by this Act:
(1) any royalties, revenues, and other financial
benefits realized from a project undertaken with money from the
Texas emerging technology fund, as provided by a contract described
by Section 490.103, Government Code;
(2) any interest or proceeds received as a result of a
transaction authorized by former Section 490.101(h), Government
Code;
(3) any money returned or repaid to the state by an
award recipient pursuant to an agreement entered into under former
Section 490.101(g), Government Code;
(4) any money derived from an interest the state
retained in a capital improvement pursuant to an agreement entered
into under former Section 490.101(g), Government Code; and
(5) any fund money returned by an entity that fails to
perform an action guaranteed by a contract entered into under
former Section 490.154 or 490.203, Government Code.
SECTION 49. A regional center of innovation and
commercialization established under Section 490.152, Government
Code, is abolished on the effective date of this Act. Each center
shall transfer to the office of the governor a copy of any meeting
minutes required to be retained under Section 490.1521, Government
Code, as that section existed immediately before that section's
repeal by this Act, and the office shall retain the minutes for the
period prescribed by that section.
SECTION 50. Except as provided by this Act, on September 1,
2015, the following powers, duties, functions, and activities
performed by the office of the governor immediately before that
date are transferred to the Texas Treasury Safekeeping Trust
Company:
(1) all powers, duties, functions, and activities
related to equity positions in the form of stock or other security
the governor has taken, on behalf of the state, in companies that
received awards under the Texas emerging technology fund before
September 1, 2015; and
(2) all powers, duties, functions, and activities
related to other investments made by the governor, on behalf of the
state, in connection with an award made under the Texas emerging
technology fund before September 1, 2015.
SECTION 51. As soon as practicable, but not later than
December 1, 2015, the comptroller of public accounts shall develop
the disabled veteran assistance payment form required by Section
140.011(e), Local Government Code, as added by this Act.
SECTION 52. A local government that is a qualified local
government, as that term is defined by Section 140.011(a), Local
Government Code, as added by this Act, for a fiscal year that began
in the 2014 tax year is eligible to apply for a disabled veteran
assistance payment as prescribed by Section 140.011, Local
Government Code, for that fiscal year.
SECTION 53. Not later than January 1, 2016, the Department
of Public Safety shall adopt rules as required by Section
1701.156(c), Occupations Code, as added by this Act.
SECTION 54. The changes in law made by this Act to Sections
708.103 and 708.104, Transportation Code, apply to a surcharge
pending on the effective date of this Act, regardless of when the
surcharge was assessed.
SECTION 55. Not later than the 90th day of the state fiscal
year beginning September 1, 2015, the comptroller shall transfer
any remaining balance in the educator excellence innovation fund
account No. 5135 to the credit of the general revenue fund.
SECTION 56. Not later than the 90th day of the state fiscal
year beginning September 1, 2015, the comptroller shall transfer
any remaining balance in the regional trauma account No. 5137 to the
credit of the designated trauma facility and EMS account No. 5111 in
the general revenue fund.
SECTION 57. (a) Notwithstanding Section 2007.002,
Insurance Code, as amended by this Act, for the state fiscal years
beginning September 1, 2015, and beginning September 1, 2016, the
comptroller shall assess against all insurers to which Chapter
2007, Insurance Code, applies amounts for that state fiscal year
necessary, as determined by the commissioner of insurance, to
collect a combined total equal to the lesser of:
(1) the total amount that the General Appropriations
Act appropriates from the volunteer fire department assistance fund
account in the general revenue fund for that state fiscal year other
than:
(A) appropriations for contributions to the
Texas Emergency Services Retirement System made under Section
614.104(d), Government Code, as added by this Act; and
(B) appropriations to the Texas A&M Forest
Service for grants to volunteer fire departments in a total amount
not to exceed $11,500,000; or
(2) $30 million.
(b) This section expires September 1, 2017.
SECTION 58. The changes in law made by this Act do not
affect a surcharge, additional fee, additional charge, fee
increase, tax, or late fee imposed before the effective date of this
Act, and the law in effect before the effective date of this Act is
continued in effect for purposes of the liability for and
collection of those surcharges, additional fees, additional
charges, fee increases, taxes, and late fees.
SECTION 59. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 7 was passed by the House on April 28,
2015, by the following vote: Yeas 137, Nays 0, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 7 on May 29, 2015, by the following vote: Yeas 144, Nays 2, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 7 was passed by the Senate, with
amendments, on May 26, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor