HBA-DMD, NLM H.B. 3084 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3084 By: Junell Appropriations 10/27/1999 Enrolled BACKGROUND AND PURPOSE The 72nd Legislature enacted Section 403.094 (repealed 1995), Government Code, relating to the consolidation of funds in existence before August 31, 1993.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 re-creation 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. This bill also requires the commissioner of health to utilize money for certain health related issues from a specified account in the general revenue fund in the state treasury, rather than the emergency medical services and trauma care system fund. 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 the account 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 blindness education, screening, and treatment program account created by S.B. 206 or H.B. 984; _the Texas Department of Health state-owned multi-categorical teaching hospital account created by H.B. 1799 or other legislation; _the 9-1-1 services fee fund created by H.B. 1983; _the petroleum storage tank removal loan program account created by H.B. 2816; and _all funds created by H.B. 1676. 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: _all funds created by H.B. 1945; and _the low-level radioactive waste perpetual care fund created by H.B. 1910. SECTION 6. FUNDS TO BECOME ACCOUNTS. Provides that the following funds in the state treasury are re-created as accounts in the general revenue fund and the accounts and the revenue deposited to the credit of the accounts 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 Texas public library fund created by S.B. 691; and _the Business Enterprises Program trust fund created by H.B. 1400. SECTION 7. REVENUE DEDICATIONS. Provides that the following dedications of revenue to existing funds or accounts in the state treasury or otherwise collected by a state agency are exempt from Section 2 of this Act, effective August 30, 1999, if dedicated by an Act of the 76th Legislature, Regular Session, 1999, that becomes law: _the revenue dedicated by H.B. 89 to the state highway fund; _the revenue dedicated by H.B. 1573 to the water resource management account; _the revenue dedicated by H.B. 1739 to the Texas statewide emergency services personnel retirement fund; _revenue dedicated by H.B. 1828 to the game, fish, and water safety account; _revenue dedicated by H.B. 2004 to the state highway fund; _revenue dedicated by S.B. 514 to the state highway fund; _revenue dedicated by S.B. 812 to the state oil-field cleanup account; and _revenue donated as provided by S.B. 673 for the anatomical gift education program. SECTION 8. 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 9. TRUST FUNDS. (a) Provides that, except as provided by Subsection (b), 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. (b) Provides that Section 2 of this Act applies to: _the child-care worker student loan assistance trust fund created by H.B. 1689; _the family trust fund created by H.B. 2442; _the smart jobs rainy day fund created by H.B. 3657; _the public employees long-term care fund created by S.B. 97; _the Pan American Games trust fund created by S.B. 456; _the employees' health care stabilization trust fund created by S.B. 1130; _the Texas Turnpike Authority feasibility study fund, the Texas Turnpike Authority project revolving fund, and any other trust funds re-created by H.B. 2311; and _the system benefit fund created by S.B. 7. SECTION 10. 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 11. 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 12. COURT COSTS. Provides that revenue consisting of court costs authorized by an Act of the 76th Legislature, Regular Session, 1999, that becomes law are exempt from Section 2 of this Act effective August 30, 1999. SECTION 13. LICENSE PLATE FEES. Provides that revenue consisting of fees collected from the sale of motor vehicle license plates that are authorized by an Act of the 76th Legislature, Regular Session, 1999, that becomes law are exempt from Section 2 of this Act and Section 403.095 (Use of Dedicated Revenue), Government Code, effective August 30, 1999. SECTION 14. 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 (Contents of Estimate). 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. Makes a conforming change. SECTION 15. AMENDMENT. Amends Section 771.072, Health and Safety Code, by adding Subsection (g), to authorize revenue derived from the equalization surcharge imposed under this section to be appropriated to the Advisory Commission on State Emergency Communications (advisory commission) only for the purposes described by Sections 773.122 through 773.124, notwithstanding any other law. SECTION 16. AMENDMENT. Amends Section 773.122, Health and Safety Code, as follows: Sec. 773.122. New Title: PAYMENTS FROM THE ACCOUNT. (a) Requires the commissioner of health, with advice and counsel from the chairpersons of the regional advisory councils, to use money in the account established under Section 771.072(f), rather than the emergency medical services and trauma care system fund established under Section 773.121 (Fund), to fund county and regional emergency medical services and trauma care systems in accordance with this section. The money in the account in Section 771.072(f) is derived from deposits made by the advisory commission of the surcharges and any prior balances in an account in the general revenue fund in the state treasury. Makes conforming changes. SECTION 17. AMENDMENT. Amends Sections 773.123(a) and (b), Health and Safety Code, to make conforming changes. SECTION 18. Repealer: Section 403.096 (Funds Review Advisory Committee), Government Code and Sections 771.071(g) (relating to reimbursing wireless service providers for 9-1-1 services) and 773.121 (Fund), Health and Safety Code. SECTION 19. 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 20. Emergency clause. Effective date: upon passage.