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A BILL TO BE ENTITLED
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AN ACT
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relating to state fiscal matters. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PUBLIC EDUCATION |
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SECTION 1.01. This article applies to any state agency, |
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school, or other entity, other than an institution of higher |
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education, that receives an appropriation under Article III of the |
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General Appropriations Act. |
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SECTION 1.02. Notwithstanding any other statute of this |
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state, each entity to which this article applies is authorized to |
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reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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entity is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the entity grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the entity's |
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duties; |
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(4) providing that any communication between the |
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entity and another person and any document required to be delivered |
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to or by the entity, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; and |
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(5) adopting and collecting fees or charges to cover |
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any costs the entity incurs in performing its lawful functions. |
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SECTION 1.03. An employee of a state agency, school, or |
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other entity other than an institution of higher education, that |
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receives an appropriation under Article III of the General |
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Appropriations Act, is not entitled to an amount from the state for |
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expenses, per diem, travel, or salary that exceeds the amount |
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authorized for those purposes by the General Appropriations Act. |
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SECTION 1.04. An employee of a state agency, school, or |
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other entity other than an institution of higher education, that |
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receives an appropriation under Article III of the General |
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Appropriations Act, is not entitled to an amount from the state for |
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a salary, a salary supplement, office expenses or reimbursement of |
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office expenses, or travel that exceeds the amount authorized for |
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those purposes by the General Appropriations Act. |
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SECTION 1.05. An employee of an agency or other entity |
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appropriated funds under Article III of the General Appropriations |
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Act other than an institution of higher education is not entitled to |
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an amount from the state for expenses, per diem, travel, or salary |
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that exceeds the amount authorized for those purposes by the |
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General Appropriations Act. |
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ARTICLE 2. HEALTH AND HUMAN SERVICES |
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SECTION 2.01. This article applies to any state agency that |
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receives an appropriation under Article II of the General |
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Appropriations Act and to any program administered by any of those |
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agencies. |
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SECTION 2.02. Notwithstanding any other statute of this |
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state, each state agency to which this article applies is |
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authorized to reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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agency is required to make and filing or delivering any of those |
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reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
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permit, or registration the agency grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the agency's |
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duties; |
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(4) adopting additional eligibility requirements |
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consistent with federal law for persons who receive benefits under |
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any law the agency administers to ensure that those benefits are |
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received by the most deserving persons consistent with the purposes |
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for which the benefits are provided, including under the following |
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laws: |
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(A) Chapter 62, Health and Safety Code (child |
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health plan program); |
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(B) Chapter 31, Human Resources Code (temporary |
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assistance for needy families program); |
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(C) Chapter 32, Human Resources Code (Medicaid |
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program); |
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(D) Chapter 33, Human Resources Code |
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(supplemental nutrition assistance and other nutritional |
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assistance programs); and |
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(E) Chapter 533, Government Code (Medicaid |
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managed care); |
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(5) providing that any communication between the |
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agency and another person and any document required to be delivered |
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to or by the agency, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; |
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(6) adopting and collecting fees or charges to cover |
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any costs the agency incurs in performing its lawful functions; and |
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(7) modifying and streamlining processes used in: |
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(A) the conduct of eligibility determinations |
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for programs listed in Subdivision (4) of this subsection by or |
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under the direction of the Health and Human Services Commission; |
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(B) the provision of child and adult protective |
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services by the Department of Family and Protective Services; |
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(C) the provision of services for the aging and |
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disabled by the Health and Human Services Commission; |
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(D) the provision of services to children and |
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other persons with disabilities by the Health and Human Services |
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Commission; |
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(E) the provision of community health services, |
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consumer protection services, mental health services, and hospital |
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facilities and services by the Department of State Health Services; |
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and |
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(F) the provision or administration of other |
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services provided or programs operated by the Health and Human |
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Services Commission or a health and human services agency, as |
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defined by Section 531.001, Government Code. |
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SECTION 2.03. A health and human services employee is not |
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entitled to an amount from the state for expenses, per diem, travel, |
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or salary that exceeds the amount authorized for those purposes by |
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the General Appropriations Act. |
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SECTION 2.04. A health and human services employee is not |
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entitled to an amount from the state for a salary, a salary |
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supplement, office expenses or reimbursement of office expenses, or |
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travel that exceeds the amount authorized for those purposes by the |
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General Appropriations Act. |
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SECTION 2.05. If before implementing any provision of this |
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article a state agency determines that a waiver or authorization |
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from a federal agency is necessary for implementation of that |
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provision, the agency affected by the provision shall request the |
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waiver or authorization and may delay implementing that provision |
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until the waiver or authorization is granted. |
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ARTICLE 3. ARTICLE VII AGENCIES |
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SECTION 3.01. This article applies to any state agency that |
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receives an appropriation under Article VII of the General |
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Appropriations Act. |
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SECTION 3.02. Notwithstanding any other statute of this |
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state, each state agency to which this article applies is |
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authorized to reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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agency is required to make and filing or delivering any of those |
|
reports or publications exclusively by electronic means; |
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(2) extending the effective period of any license, |
|
permit, or registration the agency grants or administers; |
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(3) entering into a contract with another governmental |
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entity or with a private vendor to carry out any of the agency's |
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duties; |
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(4) adopting additional eligibility requirements for |
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persons who receive benefits under any law the agency administers |
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to ensure that those benefits are received by the most deserving |
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persons consistent with the purposes for which the benefits are |
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provided; |
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(5) providing that any communication between the |
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agency and another person and any document required to be delivered |
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to or by the agency, including any application, notice, billing |
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statement, receipt, or certificate, may be made or delivered by |
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e-mail or through the Internet; and |
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(6) adopting and collecting fees or charges to cover |
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any costs the agency incurs in performing its lawful functions. |
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SECTION 3.03. An employee of an agency appropriated funds |
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under Article VII of the General Appropriations Act is not entitled |
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to an amount from the state for expenses, per diem, travel, or |
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salary that exceeds the amount authorized for those purposes by the |
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General Appropriations Act. |
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SECTION 3.04. An employee of an agency appropriated funds |
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under Article VII of the General Appropriations Act is not entitled |
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to an amount from the state for a salary, a salary supplement, |
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office expenses or reimbursement of office expenses, or travel that |
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exceeds the amount authorized for those purposes by the General |
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Appropriations Act. |
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SECTION 3.05. Section 201.601, Transportation Code, is |
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amended by adding Subsection (g) to read as follows: |
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(g) The plan must include a component that evaluates future |
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federal funding opportunities for all modes of transportation and |
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identifies actions necessary to maximize the total amount of |
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federal funds received in the future for transportation |
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improvements in this state. |
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SECTION 3.06. Subchapter H, Chapter 201, Transportation |
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Code, is amended by adding Section 201.623 to read as follows: |
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Sec. 201.623. COOPERATION WITH LOCAL PLANNING ENTITIES TO |
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MAXIMIZE FEDERAL FUNDING FOR PROJECTS. The department shall work |
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and plan with local transportation planning entities to maximize |
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the amount of federal funding awarded for projects in this state by |
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identifying and pursuing projects that are eligible for federal |
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grant programs, including the scenic byways program. |
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SECTION 3.07. Subchapter A, Chapter 623, Transportation |
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Code, is amended by adding Section 623.002 to read as follows: |
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Sec. 623.004. EVALUATION OF PERMIT FEES. (a) The |
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department shall evaluate highway use in this state by oversize or |
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overweight vehicles, calculate the cost of damage to highways in |
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this state caused by those vehicles, and determine whether: |
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(1) the fees charged for permits issued under this |
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chapter are adequate to offset the costs of damage to highways |
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caused by those vehicles and recommend any fee adjustments for the |
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permits to reflect the costs of damage to highways caused by those |
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vehicles; and |
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(2) vehicles currently exempt from permit |
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requirements under this chapter should be required to obtain a |
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permit to operate on roads or highways in this state. |
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(b) Not later than October 1 of each even-numbered year, the |
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department shall report its findings to: |
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(1) the Legislative Budget Board; and |
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(2) the governor. |
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SECTION 3.08. Section 623.077, Transportation Code, is |
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amended to read as follows: |
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Sec. 623.077. HIGHWAY MAINTENANCE FEE. (a) An applicant |
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for a permit under this subchapter, other than a permit under |
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Section 623.071(c)(3), must also pay a highway maintenance fee in |
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an amount determined according to vehicle weight and distance |
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traveled. [the following table:
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[Vehicle Weight in Pounds
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Fee
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(b) The department shall adopt rules to implement this |
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section and establish a schedule of rates, based on miles traveled, |
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for all vehicle weight categories that provides for an increase in |
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the rates according to the weight of a vehicle. |
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(c) The department shall send each fee collected under |
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Subsection (a) to the comptroller, who shall deposit: |
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(1) 90 percent of the fee to the credit of the state |
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highway fund; and |
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(2) 10 percent of the fee to the credit of the Texas |
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Department of Motor Vehicles fund. |
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SECTION 3.09. (a) The Texas Department of Transportation |
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shall adopt rules implementing Section 623.077, Transportation |
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Code, as amended by this article, not later than January 1, 2020. |
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(b) Section 623.077(a), Transportation Code, as amended by |
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this article, applies only to an application for a permit submitted |
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under Subchapter D, Chapter 623, Transportation Code, to the Texas |
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Department of Transportation on or after January 1, 2020. An |
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application for a permit submitted before January 1, 2020, is |
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governed by the law in effect on the date the application was |
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submitted, and that law is continued in effect for that purpose. |
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ARTICLE 4. GENERAL GOVERNMENT |
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SECTION 4.01. This article applies to any state agency that |
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receives an appropriation under Article I of the General |
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Appropriations Act. |
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SECTION 4.02. Notwithstanding any other statute of this |
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state, each state agency to which this article applies is |
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authorized to reduce or recover expenditures by: |
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(1) consolidating any reports or publications the |
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agency is required to make and filing or delivering any of those |
|
reports or publications exclusively by electronic means; |
|
(2) extending the effective period of any license, |
|
permit, or registration the agency grants or administers; |
|
(3) entering into a contract with another governmental |
|
entity or with a private vendor to carry out any of the agency's |
|
duties; |
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(4) adopting additional eligibility requirements for |
|
persons who receive benefits under any law the agency administers |
|
to ensure that those benefits are received by the most deserving |
|
persons consistent with the purposes for which the benefits are |
|
provided; |
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(5) providing that any communication between the |
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agency and another person and any document required to be delivered |
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to or by the agency, including any application, notice, billing |
|
statement, receipt, or certificate, may be made or delivered by |
|
e-mail or through the Internet; and |
|
(6) adopting and collecting fees or charges to cover |
|
any costs the agency incurs in performing its lawful functions. |
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SECTION 4.03. An employee of an agency appropriated funds |
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under Article I of the General Appropriations Act is not entitled to |
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an amount from the state for expenses, per diem, travel, or salary |
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that exceeds the amount authorized for those purposes by the |
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General Appropriations Act. |
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SECTION 4.04. An employee of an agency appropriated funds |
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under Article I of the General Appropriations Act is not entitled to |
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an amount from the state for a salary, a salary supplement, office |
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expenses or reimbursement of office expenses, or travel that |
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exceeds the amount authorized for those purposes by the General |
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Appropriations Act. |
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SECTION 4.05. Chapter 1231, Government Code, is amended by |
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adding Subchapter G to read as follows: |
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SUBCHAPTER G. LIMIT ON STATE DEBT PAYABLE FROM GENERAL REVENUE FUND |
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Sec. 1231.151. DEFINITIONS. In this subchapter: |
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(1) "Maximum annual debt service" means the limitation |
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on annual debt service imposed by Section 49-j(a), Article III, |
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Texas Constitution. |
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(2) "State debt payable from the general revenue fund" |
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has the meaning assigned by Section 49-j(b), Article III, Texas |
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Constitution. |
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(3) "Unissued debt" means state debt payable from the |
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general revenue fund that has been authorized but not issued. |
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Sec. 1231.152. COMPUTATION OF DEBT LIMIT. In computing the |
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annual debt service in a state fiscal year on state debt payable |
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from the general revenue fund for purposes of determining whether |
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additional state debt may be authorized without exceeding the |
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maximum annual debt service, the board may employ any assumptions |
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related to unissued debt that the board determines are necessary to |
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reflect common or standard debt issuance practices authorized by |
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law, including assumptions regarding: |
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(1) interest rates; |
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(2) debt maturity; and |
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(3) debt service payment structures. |
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Sec. 1231.153. REPORT ON COMPUTATION. (a) The board shall |
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publish during each state fiscal year a report providing a detailed |
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description of the method used to compute the annual debt service in |
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that fiscal year on state debt payable from the general revenue fund |
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for purposes of determining whether additional state debt may be |
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authorized. The report must describe: |
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(1) the debt service included in the computation, |
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including debt service on issued and unissued debt; |
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(2) the assumptions on which the debt service on |
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unissued debt was based; and |
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(3) any other factors required by law that affect the |
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computation. |
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(b) The board may publish the report required by this |
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section as a component of any other report required by law, |
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including the annual report required by Section 1231.102, or as an |
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independent report. The board shall make the report available to |
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the public. |
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SECTION 4.06. The Bond Review Board shall publish the |
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initial report required by Section 1231.153, Government Code, as |
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added by this article, during the state fiscal year beginning |
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September 1, 2019. |
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SECTION 4.07. Subchapter A, Chapter 2176, Government Code, |
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is amended by adding Section 2176.007 to read as follows: |
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Sec. 2176.007. COMPTROLLER STUDY ON MAIL OPERATIONS. (a) |
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The comptroller shall conduct a study on the mail operations of each |
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state agency in the executive branch of state government that |
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receives an appropriation made under Article I of the General |
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Appropriations Act. The study must identify provisions of law |
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relating to the mailing requirements for the agency that impede the |
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efficient transmission and receipt of documents by the agency. |
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(b) In conducting the study, the comptroller shall |
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collaborate with other state agencies to consider the needs or |
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concerns specific to those agencies. |
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(c) Not later than November 1, 2020, the comptroller shall |
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post the findings of the study conducted under this section on the |
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comptroller's Internet website. |
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(d) This section expires September 1, 2021. |
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SECTION 4.08. Section 2054.380(b), Government Code, is |
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amended to read as follows: |
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(b) Revenue derived from the collection of fees imposed |
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under Subsection (a) may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning under this chapter and Chapter |
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2059; and |
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(2) providing shared information resources technology |
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services [under this chapter]. |
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SECTION 4.09. Section 2157.068(d), Government Code, is |
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amended to read as follows: |
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(d) The department may charge a reasonable administrative |
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fee to a state agency, political subdivision of this state, or |
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governmental entity of another state that purchases commodity items |
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through the department in an amount that is sufficient to recover |
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costs associated with the administration of this section. Revenue |
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derived from the collection of fees imposed under this subsection |
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may be appropriated to the department for: |
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(1) developing statewide information resources |
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technology policies and planning [under Chapters 2054 and 2059]; |
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and |
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(2) providing shared information resources technology |
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services [under Chapter 2054]. |
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SECTION 4.10. Section 2170.057(d), Government Code, is |
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amended to read as follows: |
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(d) The department shall maintain in the revolving fund |
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account sufficient amounts to pay the bills of the consolidated |
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telecommunications system and the centralized capitol complex |
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telephone system. The department shall certify amounts that exceed |
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this amount to the comptroller, and the comptroller shall transfer |
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the excess amounts to the credit of the general revenue fund. |
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ARTICLE 5. FUNDS, ACCOUNTS, AND DEDICATIONS |
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SECTION 5.01. DEFINITION. In any provision of this Act |
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that does not amend current law, "state agency" means an office, |
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institution, or other agency that is in the executive branch or the |
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judicial branch of state government, has authority that is not |
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limited to a geographical portion of the state, and was created by |
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the constitution or a statute of this state. The term does not |
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include an institution of higher education as defined by Section |
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61.003, Education Code. |
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SECTION 5.02. ABOLITION OF FUNDS, ACCOUNTS, AND |
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DEDICATIONS. Except as otherwise specifically provided by this Act, |
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all funds and accounts created or re-created by an Act of the 86th |
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Legislature, Regular Session, 2019, that becomes law and all |
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dedications or rededications of revenue collected by a state agency |
|
for a particular purpose by an Act of the 86th Legislature, Regular |
|
Session, 2019, that becomes law are abolished on the later of August |
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31, 2019, or the date the Act creating or re-creating the fund or |
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account or dedicating or rededicating revenue takes effect. |
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SECTION 5.03. PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND |
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ACCOUNTS. Section 5.02 of this Article does not apply to: |
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(1) statutory dedications, funds, and accounts that |
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were enacted before the 86th Legislature convened to comply with |
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requirements of state constitutional or federal law; |
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(2) dedications, funds, or accounts that remained |
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exempt from former Section 403.094(h), Government Code, at the time |
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dedications, accounts, and funds were abolished under that |
|
provision; |
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(3) increases in fees or in other revenue dedicated as |
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described by this section; or |
|
(4) increases in fees or in other revenue required to |
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be deposited in a fund or account described by this section. |
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SECTION 5.04. FEDERAL FUNDS. Section 5.02 of this Article |
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does not apply to funds created under an Act of the 86th |
|
Legislature, Regular Session, 2019, for which separate accounting |
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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. |
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SECTION 5.05. TRUST FUNDS. Section 5.02 of this Article |
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does not apply to trust funds or dedicated revenue deposited to |
|
trust funds created under an Act of the 86th Legislature, Regular |
|
Session, 2019, 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. |
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SECTION 5.06. BOND FUNDS. Section 5.02 of this Article does |
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not apply to bond funds and pledged funds created or affected by an |
|
Act of the 86th Legislature, Regular Session, 2019, except that the |
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funds shall be held in the state treasury, with the comptroller in |
|
trust, or outside the state treasury with the comptroller's |
|
approval. |
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SECTION 5.07. CONSTITUTIONAL FUNDS. Section 5.02 of this |
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Act |
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does not apply to funds or accounts that would be created or |
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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 86th Legislature, Regular |
|
Session, 2019, or to dedicated revenue deposited to funds or |
|
accounts that would be so created or re-created, if the |
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constitutional amendment is approved by the voters. |
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SECTION 5.08. ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS. |
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Section 5.02 of this Act does not apply to a newly authorized use of |
|
a dedicated fund or dedicated account as provided by an Act of the |
|
86th Legislature, Regular Session, 2019, to the extent: |
|
(1) the fund or account was exempted from abolition by |
|
an Act of the legislature that became law before January 1, 2019; |
|
and |
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(2) the newly authorized use is within the scope of the |
|
original dedication of the fund or account. |
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SECTION 5.09. REALLOCATION OF INTEREST ACCRUED ON CERTAIN |
|
DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956, |
|
Government Code, is reenacted to read as follows: |
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Sec. 403.0956. REALLOCATION OF INTEREST ACCRUED ON CERTAIN |
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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: |
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(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; |
|
(4) the game, fish, and water safety account; |
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(5) the coastal protection account; |
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(6) the Alamo complex account; or |
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(7) the artificial reef account. |
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SECTION 5.10. AMENDMENT OF SECTION 403.095, GOVERNMENT |
|
CODE. Effective September 1, 2019, Sections 403.095(b), (d), and |
|
(f), Government Code, are amended to read as follows: |
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(b) Notwithstanding any law dedicating or setting aside |
|
revenue for a particular purpose or entity, dedicated revenues that |
|
on August 31, 2021 [2019], are estimated to exceed the amount |
|
appropriated by the General Appropriations Act or other laws |
|
enacted by the 86th [85th] Legislature are available for general |
|
governmental purposes and are considered available for the purpose |
|
of certification under Section 403.121. |
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(d) Following certification of the General Appropriations |
|
Act and other appropriations measures enacted by the 86th [85th] |
|
Legislature, the comptroller shall reduce each dedicated account as |
|
directed by the legislature by an amount that may not exceed the |
|
amount by which estimated revenues and unobligated balances exceed |
|
appropriations. The reductions may be made in the amounts and at |
|
the times necessary for cash flow considerations to allow all the |
|
dedicated accounts to maintain adequate cash balances to transact |
|
routine business. The legislature may authorize, in the General |
|
Appropriations Act, the temporary delay of the excess balance |
|
reduction required under this subsection. This subsection does not |
|
apply to revenues or balances in: |
|
(1) funds outside the treasury; |
|
(2) trust funds, which for purposes of this section |
|
include funds that may or are required to be used in whole or in part |
|
for the acquisition, development, construction, or maintenance of |
|
state and local government infrastructures, recreational |
|
facilities, or natural resource conservation facilities; |
|
(3) funds created by the constitution or a court; or |
|
(4) funds for which separate accounting is required by |
|
federal law. |
|
(f) This section expires September 1, 2021 [2019]. |
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SECTION 5.11. AMENDMENT OF SECTION 504.6012, |
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TRANSPORTATION CODE. Effective September 1, 2019, Section |
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504.6012, Transportation Code, is amended to read as follows: |
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Sec. 504.6012. ELIMINATION OF DEDICATED REVENUE ACCOUNTS; |
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REVENUES IN TRUST. (a) Notwithstanding any other law, not later |
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than September 30, 2019 [2015], the comptroller shall eliminate all |
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dedicated accounts established for specialty license plates and |
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shall set aside the balances of those dedicated accounts so that the |
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balances may be appropriated only for the purposes intended as |
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provided by the dedications. |
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(b) On and after September 1, 2019 [2015], the portion of a |
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fee payable that is designated for deposit to a dedicated account |
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shall be paid instead to the credit of an account in a trust fund |
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created by the comptroller outside the general revenue fund. The |
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comptroller shall administer the trust fund and accounts and may |
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allocate the corpus and earnings on each account only in accordance |
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with the dedications of the revenue deposited to the trust fund |
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accounts. |
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SECTION 5.10. EFFECT OF ACT. |
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(a) This Act prevails over any other Act of the 86th |
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Legislature, Regular Session, 2019, regardless of the relative |
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dates of enactment, that purports to create or re-create a special |
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fund or account or to dedicate or rededicate revenue to a particular |
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purpose, including any fund, account, or revenue dedication |
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abolished under former Section 403.094, Government Code. |
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(b) An exemption from the application of Section 403.095, |
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Government Code, contained in another Act of the 86th Legislature, |
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Regular Session, 2019, that is exempted from the application of |
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Section 2 of this Act has no effect. |
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(c) Revenue that, under the terms of another Act of the 86th |
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Legislature, Regular Session, 2019, would be deposited to the |
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credit of a special account or fund shall be deposited to the credit |
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of the undedicated portion of the general revenue fund unless the |
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fund, account, or dedication is exempted under this Act. |
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ARTICLE 6. EFFECTIVE DATE. |
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SECTION 6.01. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect on the 91st day after the last day of |
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the legislative session. |