HBA-EVB S.B. 1491 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1491
By: Duncan
Appropriations
5/18/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, it may be unclear whether certain settlement funds and funds
received from a judgment by the state must be deposited into the state
treasury and subjected to the legislative finance process. S.B. 1491
requires, unless otherwise specified by law, fees, fines, penalties, taxes,
charges, gifts, grants, donations, and other funds collected or received by
a state agency under law, including amounts received from a judgment in
favor of or the settlement of a claim made by the state to be deposited in
the treasury, credited to a special fund or funds, and subject to
appropriation only for the purposes for which they are otherwise authorized
to be expended or disbursed. 

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.  Amends Section 404.094(a), Government Code, to require, unless
otherwise specified by law, fees, fines, penalties, taxes, charges, gifts,
grants, donations, and other funds collected or received by a state agency
under law, including amounts received from a judgment in favor of or the
settlement of a claim made by the state to be deposited in the treasury,
credited to a special fund or funds, and subject to appropriation only for
the purposes for which they are otherwise authorized to be expended or
disbursed.  Makes a conforming change. 

SECTION 2.  Provides that by enacting this legislation, the legislature
intends to clarify and reiterate the law in effect before the enactment of
this Act. 

SECTION 3.  Emergency clause.
  Effective date:  upon passage.