Bill Text: TX HB3317 | 2019-2020 | 86th Legislature | Enrolled

---

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 2-0)

Status: (Passed) 2019-06-14 - See remarks for effective date [HB3317 Detail]

Download: Texas-2019-HB3317-Enrolled.html

---

H.B. No. 3317

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. TEXAS B-ON-TIME STUDENT LOAN ACCOUNT. (a)
Section 56.0092(d), Education Code, is amended to read as follows:
(d) On September 1, 2024 [2020], the Texas B-On-time student
loan account is abolished, and any remaining money in the account
may be appropriated only to eligible institutions in the manner
provided by Subsection (e).
(b) Section 2 of this Act does not apply to the dedication of
money in the Texas B-On-time student loan account as rededicated by
this Act.
SECTION 10. ACCOUNTS IN GENERAL REVENUE FUND. Effective on
the later of the effective date of the Act creating or re-creating
the specified account or August 31, 2019, the following accounts,
the revenue deposited to the credit of those accounts, and the
revenue dedicated for deposit to the credit of those accounts, are
exempt from Section 2 of this Act and the accounts are created or
re-created in the general revenue fund, if created or re-created by
an Act of the 86th Legislature, Regular Session, 2019, that becomes
law:
(1) the identification fee exemption account, created
as an account in the general revenue fund by House Bill No. 123 or
similar legislation;
(2) the newborn screening preservation account,
created as an account in the general revenue fund by House Bill
No. 1111, Senate Bill No. 748, or similar legislation;
(3) the cultivated oyster mariculture cleanup
subaccount in the game, fish, and water safety account, created as a
subaccount by House Bill No. 1300 or similar legislation;
(4) the state hemp production account, created as an
account in the general revenue fund by House Bill No. 1325 or
similar legislation;
(5) the dedicated account in the general revenue fund
for proceeds from the sale of certain historic property, created by
House Bill No. 1422 or similar legislation;
(6) the disaster recovery loan account, created as an
account in the general revenue fund by House Bill No. 2300 or
similar legislation;
(7) the Texas music incubator account, created as an
account in the general revenue fund by House Bill No. 2806 or
similar legislation;
(8) the border security infrastructure enhancement
fund, created as an account in the general revenue fund by House
Bill No. 4306 or similar legislation;
(9) the historic site account, re-created as an
account in the general revenue fund by Senate Bill No. 26 or similar
legislation;
(10) the specialty court account, the DNA testing
account, and the transportation administrative fee account,
created as accounts in the general revenue fund by Senate Bill
No. 346 or similar legislation;
(11) the safety training account, created as an
account in the general revenue fund by Senate Bill No. 568 or
similar legislation;
(12) the veterans treatment court account, created as
an account in the general revenue fund by Senate Bill No. 1180 or
similar legislation; and
(13) the coastal erosion response account, re-created
as an account in the general revenue fund by Senate Bill No. 1719 or
similar legislation.
SECTION 11. SEPARATE FUNDS. Effective on the later of the
effective date of the Act creating or re-creating the specified
fund or August 31, 2019, the following funds, if created or
re-created by an Act of the 86th Legislature, Regular Session,
2019, the revenue deposited to the funds, and the revenue dedicated
for deposit to the funds, are exempt from Section 2 of this Act, and
the funds are created or re-created as separate funds inside or
outside of the state treasury, as specified by the Act creating or
re-creating the fund:
(1) the tax reduction and excellence in education
fund, created as a special fund in the treasury by House Bill No. 3
or similar legislation;
(2) the pesticide disposal fund, created as a special
fund in the treasury by House Bill No. 191 or similar legislation;
(3) the disaster reinvestment and infrastructure
planning revolving fund, created as a special fund outside of the
treasury by House Bill No. 274 or similar legislation;
(4) the cannabis testing and quality control fund,
created as provided by House Bill No. 1365 or similar legislation;
(5) the Texas-bred incentive fund, created as an
escrow account in the treasury by House Bill No. 3366 or similar
legislation;
(6) the Texas emissions reduction plan fund, created
as a trust fund outside the treasury to be held by the comptroller
and administered by the Texas Commission on Environmental Quality
as trustee by House Bill No. 3745 or similar legislation;
(7) the Texas innovation fund and state agency
technology upgrades account, created as special funds outside of
the treasury by House Bill No. 4214 or similar legislation;
(8) the flood infrastructure fund, created as a
special fund in the treasury by Senate Bill No. 7 or similar
legislation;
(9) the Texas infrastructure resiliency fund, created
as a special fund in the treasury by Senate Bill No. 7 or similar
legislation;
(10) the Texas leverage fund, created as a trust fund
held outside the treasury by the comptroller as trustee by Senate
Bill No. 132 or similar legislation;
(11) the jury service fund, created as a fund in the
treasury by Senate Bill No. 346 or similar legislation; and
(12) the charter school liquidation fund, created as
provided by Senate Bill No. 1454 or similar legislation.
SECTION 12. REVENUE DEDICATIONS. Effective on the later of
the effective date of the Act dedicating or rededicating the
specified revenue or August 31, 2019, the following dedications or
rededications of revenue collected for a particular purpose are
exempt from Section 2 of this Act, if dedicated or rededicated by an
Act of the 86th Legislature, Regular Session, 2019:
(1) the dedication of certain tax revenue to the drug
court account provided by House Bill No. 1243 or similar
legislation;
(2) the dedication of certain fee revenue to the Texas
Department of Motor Vehicles fund provided by House Bill No. 1548
or similar legislation;
(3) the dedication of revenue to the state highway
fund provided by House Bill No. 1649 or similar legislation;
(4) the dedication of certain fee revenue to the Texas
Department of Motor Vehicles fund provided by House Bill No. 1711 or
similar legislation;
(5) the dedication of certain administrative penalty
revenue to the sexual assault program fund provided by House Bill
No. 1735 or similar legislation;
(6) the dedication of revenue to the state lottery
account provided by House Bill No. 1790 or similar legislation;
(7) the dedication of certain assessment revenue to
the account with the Texas Treasury Safekeeping Trust Company
provided by House Bill No. 1880 or similar legislation;
(8) the dedication of certain revenue to the Texas
Racing Commission account in the general revenue fund provided by
House Bill No. 1995 or similar legislation;
(9) the dedication of certain administrative penalty
revenue to the freestanding emergency medical care facility
licensing fund provided by House Bill No. 2041 or similar
legislation;
(10) the dedication of grants or donations to the
state highway fund provided by House Bill No. 2043 or similar
legislation;
(11) the dedication of certain revenue to the
designated trauma facility and emergency medical services account
provided by House Bill No. 2048 or similar legislation;
(12) the dedication of fee revenue to the Texas
mobility fund provided by House Bill No. 2478 or similar
legislation;
(13) the dedication of revenue provided by House Bill
No. 2587 or similar legislation;
(14) the dedication of certain fee revenue to the
Texas Department of Motor Vehicles fund provided by House Bill
No. 2620 or similar legislation;
(15) the dedication of revenue to the Texas water
resources fund provided by House Bill No. 4116 or similar
legislation;
(16) the dedication of revenue to the foundation
school fund provided by House Bill No. 4306 or similar legislation;
(17) the dedication of the proceeds from the sale,
lease, or other disposition of certain state property to the Texas
capital trust fund provided by House Bill No. 4541 or similar
legislation;
(18) the dedication of revenue provided by Senate Bill
No. 7 or similar legislation;
(19) the dedication of revenue provided by Senate Bill
No. 26 or similar legislation;
(20) the dedication of administrative penalty revenue
to the sexual assault program fund provided by Senate Bill No. 212
or similar legislation;
(21) the dedication of gifts, grants, and donations to
the motorcycle education fund account provided by Senate Bill No.
616 or similar legislation;
(22) the dedication of fee revenue to the game, fish,
and water safety account provided by Senate Bill No. 733 or similar
legislation; and
(23) the dedication of fee revenue to the food and drug
retail fee account provided by Senate Bill No. 932 or similar
legislation.
SECTION 13. 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 14. 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 15. 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 16. CLEAN AIR ACCOUNT; DEDICATION OF REVENUE. (a)
Section 382.05155(d), Health and Safety Code, is amended to read as
follows:
(d) The commission by rule may add a surcharge to an
application fee assessed under this chapter for an expedited
application in an amount sufficient to cover the expenses incurred
by the expediting, including overtime, contract labor, and other
costs. The surcharge is considered part of the application fee and
shall be deposited with the fee to the credit of the clean air
account established under Section 382.0622(b).
(b) Section 2 of this Act does not apply to the dedication of
money made by Subsection (a) of this section.
SECTION 17. COMMERCIAL GULF SHRIMP UNLOADING LICENSING FEE;
DEDICATION OF REVENUE. (a) Section 77.034(d), Parks and Wildlife
Code, is amended to read as follows:
(d) The fee for a commercial gulf shrimp unloading license
is $1485, or an amount set by the commission, whichever amount is
more. Revenue from the fee shall be deposited to the credit of the
game, fish, and water safety account established under Section
11.032.
(b) Section 2 of this Act does not apply to money dedicated
to the game, fish, and water safety account by Section 77.034(d),
Parks and Wildlife Code, as amended by this Act.
SECTION 18. STRATEGIC MAPPING ACCOUNT. (a) Section
16.023, Water Code, as added by Section 2.13, Chapter 1430 (S.B. 3),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
to read as follows:
Sec. 16.023. STRATEGIC MAPPING ACCOUNT. (a) The strategic
mapping account is an account in the general revenue fund. The
account consists of:
(1) money directly appropriated to the board;
(2) money transferred by the board from other funds
available to the board;
(3) money from gifts or grants from the United States
government, state, regional, or local governments, educational
institutions, private sources, or other sources;
(4) proceeds from the sale of maps, data,
publications, and other items; and
(5) interest earned on the investment of money in the
account and depository interest allocable to the account.
(b) The account may be appropriated only to the board to:
(1) develop, administer, and implement the strategic
mapping program;
(2) provide grants to political subdivisions for
projects related to the development, use, and dissemination of
digital, geospatial information; and
(3) administer, implement, and operate other programs
of the Texas Natural Resources Information System, including:
(A) the operation of a Texas-Mexico border region
information center for the purpose of implementing Section
16.021(e)(5);
(B) the acquisition, storage, and distribution
of historical maps, photographs, and paper map products;
(C) the maintenance and enhancement of
information technology; and
(D) the production, storage, and distribution of
other digital base maps, as determined by the executive
administrator.
(c) The board may invest, reinvest, and direct the
investment of any available money in the fund as provided by law for
the investment of money under Section 404.024, Government Code.
(b) The strategic mapping account is re-created by this Act
as an account in the general revenue fund, and all revenue dedicated
for deposit to the credit of the strategic mapping account is
rededicated by this Act for that purpose. Section 2 of this Act
does not apply to the account as re-created by this Act or a
dedication of revenue to the account as rededicated by this Act.
SECTION 19. WATER RESOURCE MANAGEMENT ACCOUNT; DEDICATION
OF REVENUE. (a) Section 28A.101(c), Water Code, is reenacted to
read as follows:
(c) Registration fees collected under this section shall be
deposited in the water resource management account and may be used
only to implement this chapter.
(b) Money dedicated by Section 28A.101(c), Water Code, as
added by Chapter 107 (H.B. 571), Acts of the 82nd Legislature,
Regular Session, 2011, to the water resource management account for
the purposes described by Section 28A.101(c) is rededicated by this
Act, and Section 2 of this Act does not apply to the rededication of
that money.
SECTION 20. 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 21. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3317 was passed by the House on April
18, 2019, by the following vote: Yeas 120, Nays 14, 1 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3317 on May 24, 2019, by the following vote: Yeas 131, Nays 10,
2 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3317 was passed by the Senate, with
amendments, on May 22, 2019, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor