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The 72nd Legislature enacted Section 403.094 (repealed 1995), Government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.