HBA-EDN H.B. 2439 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2439
By: Goolsby
House Administration
3/22/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, there is an inaugural fund in the state treasury used
only for expenditures reasonably related to conducting inaugural ceremonies
and related events.  After the inauguration, the inaugural committee
delivers to the state treasurer all unexpended non-appropriated funds,
which are then deposited in the state treasury to the credit of the
inaugural fund.  Since money in the fund can only be used for inaugural
ceremonies, there is a standing account balance that can 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 and
libraries.  

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. 

ANALYSIS

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 or public libraries
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.           

EFFECTIVE DATE

February 1, 2003.