Legislative Blog

J.B. Williams, J.D.


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A Bit of Background

The following backgrounds help summarize the author's views on both the general topic: Texas and more specifically 88th Legislature Laws as it relates to that topic.

Brief Summary of Texas

Texas is truly a Republic. There are a multitude of items that to modify the state constitution must be modified. So there are times when Constitutional amendments are on the voting ballots. While I sometimes abhor the wording, the concept that all of those legally able to vote in Texas must vote on the change is a good one. And bills in Texas are generally short, making it easier for everyone to understand.

Summary of 88th Legislature Laws

The blogs here will discuss the laws passed by Congress and signed into law, as well as those, passed by Congress and approved by the voters to become law. There are a multitude of laws and each time I post blogs I will notate here the current effective date if it is different from prior blogs. I am currently posting bills that took effect immediately - those bills total 336. I am currently posting regarding larger bills, so each blog covers a single bill.

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Blog Summary

This act eliminates funds that were created but not used or that were perhaps temporarily used. It also allocates interest. And it shifts funds either into or out of the general revenue fund.



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Creating/Abolishing Fund Accounts Galore

Published: 2024-02-01

I understand that there will be funds created for a use and are later no longer necessary. I also understand that over time a narrow use fund may need to be expanded to encompass other relevant issues, and hence the fund may be re-created under it's new name. And it seems obvious that you need to designate how interest earned on general funds is to be broken down Some funds would have money in the general revenue designated for their use for longer periods of time, and therefore would be accruing more interest. And unfortunately some funds, under federal law, cannot allocate interest to general revenue.

I do not like the designation of a bill number rather than a purpose for the funds. It makes the waters much muddier and permits less ease in understanding. This is not only true for the general public but even for the legislatures themselves. It creates a just vote to pass it attitude rather than assuring it is understood what is being done. Honestly the bills should have a designated purposed if funding were provided to them. If so, then it should be simple to put that basic information there along with the bill number for anyone wishes further clarification.

Plus this is the very thing that could easily cause an innocent error to be made. But that error would require a new bill to be passed; and could create issues in how funds were managed during the error period. This is just sloppy drafting, in my opinion.

This abolishes fund accounts that were created by the legislature, and not otherwise exempt, on the later of August 31, 2023 or the date the Act sites. This apparently covered the following accounts:

  1. open burn pit registry fund;
  2. Texas Historical Commission retail operations fund;
  3. leaking water wells fund;
  4. new water supply for Texas fund;
  5. Texas state buildings preservation endowment fund;
  6. Iwo Jima monument and museum fund;
  7. Texas energy fund.

The following funds are exempt:

  1. dedication of penalty revenue to foundation school fund, HB 5;
  2. dedication of driver's license fees to Texas mobility fund, HB 842;
  3. dedication of revenue under HB 1613;
  4. dedication of fee revenue to public assurance account, HB 1998;
  5. dedication of boater education program and exam fees to game, fish, and water safety account, HB 2755;
  6. dedication of revenue by HB 3290;
  7. dedication of revenue by HB 3297;
  8. dedication of revenue by HB 3345;
  9. dedication of revenue to law enforcement officer standards and education fund, HB 3539;
  10. dedication of revenue by HB 3582;
  11. dedication of revenue to the general revenue fund and hotel occupancy tax for economic development account, HB 3727;
  12. dedication of rail safety fees to state highway fund, HB 4015;
  13. dedication of revenue to game, fish, and water safety account and state parks account, HB 4018;
  14. dedication of revenue to Texas Department of Insurance operating account, HB 4498;
  15. dedication of revenue by HB 4635;
  16. dedication of revenue to Texas Department of Motor Vehicles fund and general revenue fund, HB 5225;
  17. dedication of revenue to state highway fund, HB 5342;
  18. dedication of revenue to state highway fund, HB 505;
  19. dedication of unclaimed property deposits to judicial fund, S 658;
  20. dedication of revenue to game, fish, and water safety account, S 1032;
  21. dedication of revenue to Texas physician health program account, S 1086;
  22. dedication of revenue to general revenue fund and hotel occupancy tax for economic development account, S 1167;
  23. dedication of revenue to general revenue fund and hotel occupancy tax for economic development, 1420;
  24. dedication of revenue, S 2102.

There is an allocation/re-allocation of interest accrued on dedicated revenue. Interest earned on funds held in general revenue are available for general revenue except as follows:

  1. Funds on deposit with Section 51.008, Education Code;
  2. the following as specifically exempted under federal law:
    1. lifetime license endowment account;
    2. game, fish, and water safety account;
    3. coastal protection account;
    4. Alamo complex account;
    5. artifical reef account;
    6. sexual assault program fund;
    7. deferred maintenance fund account

Except for the funds specified above, other fund held in specific account can have interest shifted to general funding if it exceeds anticipated amounts.

The following dedicated revenue accounts are eliminated:

  1. Account for specialty license plates is eliminated as of 9/30/2023, and funds in the account must be spent as intended.
  2. Account for solid waste disposal fee is abolished as of 9/1/2023, and the obligations and unobligated account balances transfers to a waste management account.
  3. The later of the effective date or 8/31/23, the following accounts are created or re-created in the general revenue fund:
    1. Lone Star Workforce of the Future Fund, HB 1755;
    2. gulf coast protection account, HB 2416;
    3. accounts under HB 3323;
    4. program fund under HB 3771;
    5. accounts under JB 4772;
    6. Texas Semiconductor Innovation Fund under HB 5174;
    7. fund under S 8;
    8. statewide water public awareness account under S 28;
    9. renewable energy generation facility cleanup fund under S 624; and
    10. port access account fund under S 1499.

 


J.B. Williams, J.D.

4,312 federal laws were passed from 1995 through December 2016.
Along with 88,819 federal rules and regulations.


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