By: Nelson S.B. No. 2218               A BILL TO BE ENTITLED   AN ACT   relating to 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.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  DEFINITION. In any provision of this Act that   does not amend current law, "state agency" means an office,   institution, or other agency that is in the executive branch of   state government, has authority that is not limited to a   geographical portion of the state, and was created by the   constitution or a statute of this state. The term does not include   an institution of higher education as defined by Section 61.003,   Education Code.          SECTION 2.  ABOLITION OF FUNDS, ACCOUNTS, AND DEDICATIONS.   Except as Otherwise specifically provided by this Act, all funds   and accounts created or re-created in the state treasury by an Act   of the 85th Legislature, Regular Session, 2017, 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 85th Legislature, Regular Session, 2017,   that becomes law are abolished on the later of August 31, 2017, 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. Section 2 of this Act does not apply to:                (1)  statutory dedications, funds, and accounts that   were enacted before the 85th Legislature convened to comply with   requirements of state constitutional or federal law;                (2)  dedications, funds, or accounts that remained   exempt from former Section 403.094(h), Government Code, at the time   dedications, accounts, and funds were abolished under that   provision;                (3)  increases in fees or in other revenue dedicated as   described by this section; or                (4)  increases in fees or in other revenue required to   be deposited in a fund or account described by this section.          SECTION 4.  FEDERAL FUNDS. Section 2 of this Act does not   apply to funds created pursuant to an Act of the 85th Legislature,   Regular Session, 2017, 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 5.  TRUST FUNDS. Section 2 of this Act does not   apply to trust funds or dedicated revenue deposited to trust funds   created under an Act of the 85th Legislature, Regular Session,   2017, 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.          SECTION 6.  BOND FUNDS. Section 2 of this Act does not apply   to bond funds and pledged funds created or affected by an Act of the   85th Legislature, Regular Session, 2017, 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 7.  CONSTITUTIONAL FUNDS. Section 2 of this Act does   not apply to funds or accounts that would be created or re-created   by the Texas Constitution or revenue that would be dedicated or   rededicated by the Texas Constitution under a constitutional   amendment proposed by the 85th Legislature, Regular Session, 2017,   or to dedicated revenue deposited to funds or accounts that would be   so created or re-created, if the constitutional amendment is   approved by the voters.          SECTION 8.  AMENDMENT OF SECTION 403.095, GOVERNMENT CODE.   Effective September 1, 2017, Sections 403.095(b), (d), and (f),   Government Code, are amended to read as follows:          (b)  Notwithstanding any law dedicating or setting aside   revenue for a particular purpose or entity, dedicated revenues   that, on August 31, 2019 [2017], are estimated to exceed the amount   appropriated by the General Appropriations Act or other laws   enacted by the 85th [84th] Legislature are available for general   governmental purposes and are considered available for the purpose   of certification under Section 403.121.          (d)  Following certification of the General Appropriations   Act and other appropriations measures enacted by the 85th   [84th]Legislature, the comptroller shall 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. The reductions may be made in the   amounts and at the times necessary for cash flow considerations to   allow all the dedicated accounts to maintain adequate cash balances   to transact routine business. The legislature may authorize, in the   General Appropriations Act, the temporary delay of the excess   balance   reduction required under this subsection. This subsection does not   apply to revenues or balances in:                (1)  funds outside the treasury;                (2)  trust funds, which for purposes of this section   include funds that may or are required to be used in whole or in part   for the acquisition, development, construction, or maintenance of   state and local government infrastructures, recreational   facilities, or natural resource conservation facilities;                (3)  funds created by the constitution or a court; or                (4)  funds for which separate accounting is required by   federal law.          (f)  This section expires on September 1, 2019 [2017].          SECTION 9.  REPEALER. Section 403.095(e), Government Code,   is repealed.          SECTION 10.  EFFECT OF ACT. (a) This Act prevails over any   other Act of the 85th Legislature, Regular Session, 2017,   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.          (b)  Revenues that, under the terms of another Act of the   85th Legislature, Regular Session, 2017, would be deposited to the   credit of a special account or fund shall be deposited to the credit   of the undedicated portion of the general revenue fund unless the   fund, account, or dedication is exempted under this Act.          SECTION 11.  EFFECTIVE DATE. This Act takes effect   immediately if it receives a vote of two-thirds of all the members   elected to each house, as provided by Section 39, Article III, Texas   Constitution. If this Act does not receive the vote necessary for   immediate effect, this Act takes effect on the 91st day after the   last day of the legislative session.