Office of House Bill AnalysisH.B. 2439
By: Goolsby
House Administration


There is an inaugural fund in the state treasury which, prior to the 77th
Legislature, was used only for expenditures reasonably related to
conducting inaugural ceremonies and related events.  After the
inauguration, the inaugural committee delivered to the state treasurer all
unexpended non-appropriated funds, which were then deposited in the state
treasury to the credit of the inaugural fund.  Since money in the fund
could only be used for inaugural ceremonies, there was a standing account
balance that could only serve Texans every four years.  House Bill 2439
creates the inaugural endowment fund from the surplus balance of the
inaugural fund exceeding $100,000, plus any amounts necessary to cover fund
obligations, and allows this money to be used for certain preservation
projects and for grants to public schools, public libraries, and other
charitable causes.  


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. 


House Bill 2439 amends the Government Code to require the balance of the
inaugural fund, to the extent that the balance exceeds $100,000 plus the
amount necessary to cover fund obligations, to be transferred to an account
in the general revenue fund known as the inaugural endowment fund (fund) on
the date the inaugural committee is dissolved.  The bill authorizes the
fund to be expended for decorating, furnishing, preserving, or improving
the Capitol, the Governor's Mansion, or other state property of historical
significance or for grants in support of public schools, public libraries,
or other charitable causes at the discretion of the inaugural endowment
fund committee (committee).  The bill provides that the committee is
composed of the chair of the Texas Historical Committee, and one person
each appointed by the governor, the lieutenant governor, and the speaker of
the house of representatives.  The bill requires the governor, lieutenant
governor, and speaker of the house of representatives to make initial
appointments to the committee not later than March 1, 2003, and requires
the committee to file an expenditure report, not later than October 1 of
each year, with the secretary of state to be published in the Texas
Register.  The bill provides that the committee is a governmental body for
provisions relating to open meetings and public information but is not
subject to the Administrative Procedure Act.   

Operations of the committee may not be conducted at state expense or
through the use of state personnel or equipment.  The bill sets forth
provisions relating to the appointment and operations of the committee. The
bill also provides that provisions relating to governmental use of excess
dedicated revenue do not apply to the fund.           


February 1, 2003.