HBA-NLM H.B. 3084 76(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 3084
By: Junell
Appropriations
4/8/1999
Introduced



BACKGROUND AND PURPOSE 

The 72nd Legislature enacted Section 403.094, Government Code, relating to
the consolidation of funds in existence before August 31, 1993. This
section also contained provisions providing for the abolishment of
dedications in existence prior to August 31, 1995, unless otherwise
expressly exempted. H.B. 3084 provides regulations for the creation and
recreation of funds and accounts in the state treasury, the dedication and
rededication of revenue, and the exemption of unappropriated money from use
for general governmental purposes. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  DEFINITION.  Defines "state agency" for the purposes of this
Act. 

SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.  Provides that
certain funds, accounts, and dedications described by this section are
abolished on the later of August 30, 1999, 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.  Provides
that Section 2 of this Act does not apply to certain dedications, funds,
and accounts described by this section relating to increases in fees or in
other revenue dedicated as described by this section, or to increases in
fees or in other revenue required to be deposited in a fund or account
described by this section. 

SECTION 4.  ACCOUNT IN GENERAL REVENUE FUND.  Provides that the following
accounts and the revenue deposited to the credit of these accounts are
exempt from Section 2 of this Act effective August 30, 1999, and creates
these accounts in the general revenue fund, if created by an Act of the
76th Legislature, Regular Session, 1999, that becomes law:  

_the Girl Scout account created by S.B. 322 or  H.B. 1706, and 
_the blindness education, screening, and treatment program account created
by S.B. 206 or H.B.  984. 

SECTION 5.  OTHER FUNDS IN TREASURY.  Provides that the following funds in
the state treasury and the revenue deposited to the credit of the funds are
exempt from Section 2 of this Act, effective August 30, 1999, if created by
an Act of the 76th Legislature, Regular Session, 1999, that becomes law: 

_the permanent fund for tobacco education and enforcement created by H.B.
1676; 
_the permanent fund for children and public health created by H.B. 1676;
_the permanent fund for emergency medical services and trauma care created
by H.B. 1676; and 
_the permanent fund for rural health facility capital improvement created
by H.B. 1676. 
 
SECTION 6.  FEDERAL FUNDS.  Provides that Section 2 of this Act does not
apply to funds created pursuant to an Act of the 76th Legislature, Regular
Session, 1999, 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 7.  TRUST FUNDS.  Provides that Section 2 of this Act does not
apply to trust funds or dedicated revenue deposited to trust funds created
under an Act of the 76th Legislature, Regular Session, 1999, 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 8.  BOND FUNDS.  Provides that Section 2 of this Act does not apply
to bond funds and pledged funds created or affected by an Act of the 76th
Legislature, Regular Session, 1999, 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 9.  CONSTITUTIONAL FUNDS.  Provides that Section 2 of this Act does
not apply to funds or accounts that would be created or re-created in the
Texas Constitution or revenue that would be dedicated or rededicated by the
Texas Constitution  under constitutional amendments proposed by the 76th
Legislature, Regular Session, 1999, or to dedicated revenue deposited to
funds or accounts that would be so created or re-created.  

SECTION 10.  COURT COSTS.  Provides that revenue consisting of court costs
authorized by an Act of the 76th Legislature, Regular Session, 1999, that
become law are exempt from Section 2 of this Act effective August 30, 1999. 

SECTION 11.  AMENDMENT.  Amends Section 403.095, Government Code, effective
September 1, 1999, as follows: 

Sec. 403.095.  USE OF DEDICATED REVENUE.  Provides that the dedicated
revenues that, on August 31, 2001, rather than August 31, 1999,  are
estimated to exceed the amount appropriated by the General Appropriations
Act or other laws enacted by the 76th Legislature are considered available
for the purpose of certification under Section 403.121.  Requires the
comptroller to 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.  Provides that this section
expires on September 1, 2001, rather than September 1, 1999.  Deletes
existing Subsection (c) relating to the availability of revenues for the
general governmental purposes otherwise conferred by this section.  

SECTION 12.  Repealer:  Section 403.096 (Funds Review Advisory Committee),
Government Code. 

SECTION 13.  EFFECT OF ACT.  Specifies that this Act prevails over any
other Act of the 76th Legislature, Regular Session, 1999, regardless of the
relative dates of enactment, that purports to create or re-create a special
fund or account in the state treasury 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.  Requires revenues
that, under the terms of another Act of the 76th Legislature, Regular
Session, 1999, would be deposited to the credit of a special account or
fund to be deposited to the credit of the unobligated portion of the
general revenue fund, unless the fund, account, or dedication is exempted
under this Act.  

SECTION 14. Emergency clause.
  Effective date: upon passage.