Bill Text: TX SB2179 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-04-24 - Left pending in committee [SB2179 Detail]

Download: Texas-2019-SB2179-Introduced.html
  86R9902 SRA-D
 
  By: Nelson S.B. No. 2179
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the creation and re-creation of funds and accounts, the
  dedication and rededication of revenue and allocation of accrued
  interest on dedicated revenue, and the exemption of unappropriated
  money from use for general governmental purposes.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  DEFINITION. In any provision of this Act that
  does not amend current law, "state agency" means an office,
  institution, or other agency that is in the executive branch or the
  judicial branch of state government, has authority that is not
  limited to a geographical portion of the state, and was created by
  the constitution or a statute of this state. The term does not
  include an institution of higher education as defined by Section
  61.003, Education Code.
         SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.
  Except as otherwise specifically provided by this Act, all funds
  and accounts created or re-created by an Act of the 86th
  Legislature, Regular Session, 2019, that becomes law and all
  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
  31, 2019, or the date the Act creating or re-creating the fund or
  account or dedicating or rededicating revenue takes effect.
         SECTION 3.  PREVIOUSLY EXEMPT DEDICATIONS, FUNDS, AND
  ACCOUNTS. Section 2 of this Act does not apply to:
               (1)  statutory dedications, funds, and accounts that
  were enacted before the 86th Legislature convened to comply with
  requirements of state constitutional or federal law;
               (2)  dedications, funds, or accounts that remained
  exempt from former Section 403.094(h), Government Code, at the time
  dedications, accounts, and funds were abolished under that
  provision;
               (3)  increases in fees or in other revenue dedicated as
  described by this section; or
               (4)  increases in fees or in other revenue required to
  be deposited in a fund or account described by this section.
         SECTION 4.  FEDERAL FUNDS. Section 2 of this Act does not
  apply to funds created under an Act of the 86th Legislature, Regular
  Session, 2019, for which separate accounting is required by federal
  law, except that the funds shall be deposited in accounts in the
  general revenue fund unless otherwise required by federal law.
         SECTION 5.  TRUST FUNDS. Section 2 of this Act does not
  apply to trust funds or dedicated revenue deposited to trust funds
  created under an Act of the 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.
         SECTION 6.  BOND FUNDS. Section 2 of this Act does not apply
  to bond funds and pledged funds created or affected by an Act of the
  86th Legislature, Regular Session, 2019, except that the funds
  shall be held in the state treasury, with the comptroller in trust,
  or outside the state treasury with the comptroller's approval.
         SECTION 7.  CONSTITUTIONAL FUNDS. Section 2 of this Act does
  not apply to funds or accounts that would be created or re-created
  by the Texas Constitution or revenue that would be dedicated or
  rededicated by the Texas Constitution under a constitutional
  amendment proposed by the 86th Legislature, Regular Session, 2019,
  or to dedicated revenue deposited to funds or accounts that would be
  so created or re-created, if the constitutional amendment is
  approved by the voters.
         SECTION 8.  ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.  
  Section 2 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
               (2)  the newly authorized use is within the scope of the
  original dedication of the fund or account.
         SECTION 9.  REALLOCATION OF INTEREST ACCRUED ON CERTAIN
  DEDICATED REVENUE. Effective September 1, 2019, Section 403.0956,
  Government Code, is reenacted 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;
               (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 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:
         (b)  Notwithstanding any law dedicating or setting aside
  revenue for a particular purpose or entity, dedicated revenues that
  on August 31, 2021 [2019], are estimated to exceed the amount
  appropriated by the General Appropriations Act or other laws
  enacted by the 86th [85th] Legislature are available for general
  governmental purposes and are considered available for the purpose
  of certification under Section 403.121.
         (d)  Following certification of the General Appropriations
  Act and other appropriations measures enacted by the 86th [85th]
  Legislature, the comptroller shall reduce each dedicated account as
  directed by the legislature by an amount that may not exceed the
  amount by which estimated revenues and unobligated balances exceed
  appropriations. The reductions may be made in the amounts and at
  the times necessary for cash flow considerations to allow all the
  dedicated accounts to maintain adequate cash balances to transact
  routine business. The legislature may authorize, in the General
  Appropriations Act, the temporary delay of the excess balance
  reduction required under this subsection. This subsection does not
  apply to revenues or balances in:
               (1)  funds outside the treasury;
               (2)  trust funds, which for purposes of this section
  include funds that may or are required to be used in whole or in part
  for the acquisition, development, construction, or maintenance of
  state and local government infrastructures, recreational
  facilities, or natural resource conservation facilities;
               (3)  funds created by the constitution or a court; or
               (4)  funds for which separate accounting is required by
  federal law.
         (f)  This section expires September 1, 2021 [2019].
         SECTION 11.  AMENDMENT OF SECTION 504.6012, TRANSPORTATION
  CODE. Effective September 1, 2019, 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, not later
  than September 30, 2019 [2015], the comptroller shall eliminate all
  dedicated accounts established for specialty license plates 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, 2019 [2015], the portion of a
  fee payable 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 12.  EFFECT OF ACT. (a)  This Act prevails over any
  other Act of the 86th Legislature, Regular Session, 2019,
  regardless of the relative dates of enactment, that purports to
  create or re-create a special fund or account or to dedicate or
  rededicate revenue to a particular purpose, including any fund,
  account, or revenue dedication abolished under former Section
  403.094, Government Code.
         (b)  An exemption from the application of Section 403.095,
  Government Code, contained in another Act of the 86th Legislature,
  Regular Session, 2019, that is exempted from the application of
  Section 2 of this Act has no effect.
         (c)  Revenue that, under the terms of another Act of the 86th
  Legislature, Regular Session, 2019, would be deposited to the
  credit of a special account or fund shall be deposited to the credit
  of the undedicated portion of the general revenue fund unless the
  fund, account, or dedication is exempted under this Act.
         SECTION 13.  EFFECTIVE DATE. Except as otherwise provided
  by this Act:
               (1)  this Act takes effect immediately if this Act
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution;
  and
               (2)  if this Act does not receive the vote necessary for
  immediate effect, this Act takes effect on the 91st day after the
  last day of the legislative session.
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