HBA-DMH C.S.H.B. 3088 77(R)    BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 3088
By: Turner, Sylvester
Appropriations
4/19/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

The 72nd Legislature enacted provisions relating to the consolidation of
funds in existence before August 31, 1993.  These provisions provided for
the abolishment of dedications in existence prior to August 31, 1995,
unless otherwise expressly exempted. C.S.H.B. 3088 provides regulations for
the creation and recreation 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.  

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

C.S.H.B. 3088 provides that all funds and accounts created or recreated in
the state treasury by an Act of the 77th Legislature, that becomes law, and
all dedications or rededications of revenue in the state treasury or
otherwise collected by a state agency for a particular purpose by an Act of
the 77th Legislature that becomes law, are abolished on the later of August
27, 2001, or the date the Act creating or recreating the fund or account or
dedicating or rededicating revenue takes effect.  

The bill sets forth statutory dedications, funds, accounts, and increases
in fees or other revenue that  are exempt from being abolished.  The bill
provides that effective August 27, 2001, the following accounts and funds
in the state treasury and the revenue deposited to the credit of the
accounts and funds are exempt from being abolished:  

_the fair campaign spending account created by House Bill No. 2;

_the system benefit fund created as an account by House Bill No. 1902; 

_the tertiary care account recreated by House Bill No. 893;

_the water well plugging account created by House Bill No. 3188;

_the permanent management facility decommissioning account and the assured
isolation conversion account created by House Bill No. 3420 or Senate Bill
No. 1541; 

_the highway billboard removal account created by House Bill No. 1965;

_the private sector prison industry expansion account created by House Bill
No. 1617; 

_the volunteer fire department assistance fund created as an account by
House Bill No. 2604; 

 _the rural water assistance fund created by House Bill No. 622;

_the vital statistics enhancement fund created by and the work and family
policies fund recreated by House Bill No. 761 or Senate Bill 1586; 

_the dedication of revenue by House Bill No. 335;

_the trust funds required to be held in the state treasury, with the
comptroller in trust, or outside the state treasury with the comptroller's
approval;  

_funds or accounts that would be created or recreated in the Texas
Constitution or revenue that would be dedicated or rededicated by the Texas
Constitution; 

_revenue consisting of court costs or fees collected from the sale of motor
vehicle license plates; and 

_the capital renewal trust fund created by House Bill No. 2796, without
regard to whether the comptroller approves of the creation of the fund
outside the treasury. 

The bill requires the comptroller to manage the Pan American Games trust
fund as an account in the general revenue fund and to dedicate revenue as
if the fund were not abolished. 

The bill amends the Government Code to extend by two years provisions
regarding the use of dedicated revenue.  The bill provides that the Act
prevails over any other Act of the 77th Legislature, regardless of the
relative dates of enactment, that purports to create or recreate a special
fund or account in the state treasury or to dedicate or rededicate revenue
to a particular purpose,  including other specified funds, accounts, or
revenue dedications that were abolished.  The bill requires revenues that,
under the terms of another Act of the 77th Legislature, 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 the Act.  

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect on the 91st day after adjournment. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 3088 differs from the original by providing that the following
accounts and funds are exempt from being abolished: 

_the tertiary care account;

_the water well plugging account;

_the permanent management facility decommissioning account;

_the assured isolation conversion account;

_the highway billboard removal account;

_the private sector prison industry expansion account;

_the volunteer fire department assistance fund;

 _the rural water assistance fund;

_the vital statistics enhancement fund;

_the work and family policies fund; and

_the capital renewal trust fund.

The substitute includes provisions relating to management by the
comptroller of public accounts of the Pan American Games trust fund.  The
substitute differs from the original by removing the exemption from
abolition for the multistate lottery fund created by House Bill No. 891.