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.