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A BILL TO BE ENTITLED
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AN ACT
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relating to abolishing the Texas Enterprise Fund, the Texas |
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emerging technology fund, the Pan American Games trust fund, the |
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Olympic Games trust fund, and a major events trust fund, a motor |
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sports racing trust fund, and an events trust fund for sporting and |
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non-sporting events. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. (a) Sections 481.078 and 481.080, Government |
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Code, are repealed. |
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(b) The repeal by this Act of Sections 481.078 and 481.080, |
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Government Code, does not affect the validity of any agreement |
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between the governor and a grant recipient or entity to be awarded a |
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grant entered into under Section 481.078 before the effective date |
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of this Act. |
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(c) On the effective date of this Act, the Texas Enterprise |
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Fund is abolished and the unexpended and unencumbered money from |
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that fund is available in the general revenue fund and may be used |
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in accordance with legislative appropriation. |
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(d) After the effective date of this Act, unspent but |
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encumbered money in the Texas Enterprise Fund at the time the fund |
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was abolished is in the general revenue fund. If the money was |
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deposited in the Texas Enterprise Fund as a gift, grant, or donation |
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under Section 481.078(b)(3), Government Code, and is encumbered by |
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the specific terms of the gift, grant, or donation, the money may be |
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spent only in accordance with the terms of the gift, grant, or |
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donation. If the money is encumbered because it has been awarded or |
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otherwise obligated by agreement before the effective date of this |
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Act but under the terms of the award or agreement will not be |
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distributed until a future time, the money shall be distributed in |
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accordance with the terms of the award or agreement. If the |
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governor determines that the money will not be distributed in |
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accordance with the terms of the award or agreement, the governor |
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shall certify that fact to the comptroller. On that certification, |
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the comptroller shall make that money available in the general |
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revenue fund to be used in accordance with legislative |
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appropriation. |
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(e) Section 481.078, Government Code, is continued in |
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effect for the limited purpose of supplying the necessary authority |
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to administer Subsection (d) of this section. |
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SECTION 2. (a) Subchapters A, B, C, D, E, F, and G, Chapter |
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490, Government Code, are repealed. |
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(b) The repeal by this Act of Subchapters A, B, C, D, E, F, |
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and G, Chapter 490, Government Code, does not affect the validity of |
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any agreement between the governor and an award recipient or a |
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person or entity to be awarded money entered into under those |
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subchapters before the effective date of this Act. |
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(c) On the effective date of this Act, the Texas emerging |
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technology fund is abolished and the unexpended and unencumbered |
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money from that fund is available in the general revenue fund and |
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may be used in accordance with legislative appropriation. |
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(d) After the effective date of this Act, unspent but |
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encumbered money in the Texas emerging technology fund at the time |
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the fund was abolished is in the general revenue fund. If the money |
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was deposited in the Texas emerging technology fund as a gift, |
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grant, or donation under Chapter 490, Government Code, and is |
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encumbered by the specific terms of the gift, grant, or donation, |
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the money may be spent only in accordance with the terms of the |
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gift, grant, or donation. If the money is encumbered because it has |
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been awarded or otherwise obligated by agreement before the |
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effective date of this Act but under the terms of the award or |
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agreement will not be distributed until a future time, the money |
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shall be distributed in accordance with the terms of the award or |
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agreement. If the governor determines that the money will not be |
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distributed in accordance with the terms of the award or agreement, |
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the governor shall certify that fact to the comptroller. On that |
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certification, the comptroller shall make that money available in |
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the general revenue fund to be used in accordance with legislative |
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appropriation. |
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(e) After the effective date of this Act, any royalties, |
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revenues, and other financial benefits realized from a project |
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undertaken with money from the Texas emerging technology fund, as |
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provided by a contract entered into under Section 490.103, |
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Government Code, shall be deposited into the general revenue fund. |
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(f) Subchapters A, B, C, D, E, F, and G, Chapter 490, |
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Government Code, are continued in effect for the limited purpose of |
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supplying the necessary authority to administer Subsections (d) and |
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(e) of this section. |
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SECTION 3. (a) On the effective date of this Act: |
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(1) Chapter 1507 (S.B. 456), Acts of the 76th |
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Legislature, Regular Session, 1999 (Article 5190.14, Vernon's |
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Texas Civil Statutes), is repealed; and |
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(2) the following trust funds established under that |
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chapter are abolished: |
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(A) the Pan American Games trust fund; |
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(B) the Olympic Games trust fund; |
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(C) a major events trust fund; |
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(D) a motor sports racing trust fund; and |
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(E) an events trust fund. |
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(b) The applicable provisions of Chapter 1507, (S.B. 456), |
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Acts of the 76th Legislature, Regular Session, 1999 (Article |
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5190.14, Vernon's Texas Civil Statutes), as that chapter existed |
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immediately before the effective date of this Act, including any |
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applicable trust funds established under that chapter, remain in |
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effect as those provisions apply in relation to the particular |
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games or events described by this subsection until all money from |
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the trust funds for the particular games or events has been |
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disbursed and all obligations under those games support contracts |
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or event support contracts have been satisfied. This subsection |
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applies only if, before the effective date of this Act: |
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(1) pursuant to an application by a local organizing |
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committee, endorsing municipality, or endorsing county, a site |
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selection organization selects a site in this state for particular |
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games or a particular event to which Chapter 1507 applies; and |
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(2) one or more games support contracts or event |
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support contracts for the particular games or event have been |
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entered into. |
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(c) The repeal by this Act of Chapter 1507 (S.B. 456), Acts |
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of the 76th Legislature, Regular Session, 1999 (Article 5190.14, |
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Vernon's Texas Civil Statutes), does not apply to an offense |
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committed under that chapter before the effective date of this Act. |
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An offense committed before the effective date of this Act is |
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governed by that chapter as it existed on the date the offense was |
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committed, and the former law is continued in effect for that |
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purpose. For purposes of this subsection, an offense was committed |
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before the effective date of this Act if any element of the offense |
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occurred before that date. |
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SECTION 4. Section 204.123, Labor Code, is amended to read |
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as follows: |
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Sec. 204.123. TRANSFER TO [TEXAS ENTERPRISE FUND,] SKILLS |
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DEVELOPMENT FUND, TRAINING STABILIZATION FUND, AND COMPENSATION |
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FUND. (a) If, on September 1 of a year, the commission determines |
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that the amount in the compensation fund will exceed 100 percent of |
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its floor as computed under Section 204.061 on the next October 1 |
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computation date, the commission shall transfer from the holding |
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fund created under Section 204.122: |
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(1) [from] the first $160 million deposited in the |
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holding fund in any state fiscal biennium[:
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[(A) during the state fiscal biennium ending
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August 31, 2007:
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[(i) 67 percent to the Texas Enterprise
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Fund created under Section 481.078, Government Code, except that
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the amount transferred under this paragraph may not exceed the
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amount appropriated by the legislature to the Texas Enterprise Fund
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in that biennium; and
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[(ii) 33 percent to the skills development
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fund created under Section 303.003, except that the amount
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transferred under this paragraph may not exceed the amount
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appropriated by the legislature to the skills development program
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strategies and activities in that biennium; and
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[(B) during any state fiscal biennium beginning
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on or after September 1, 2007:
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[(i) 75 percent to the Texas Enterprise
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Fund created under Section 481.078, Government Code, except that
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the amount transferred under this paragraph may not exceed the
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amount appropriated by the legislature to the Texas Enterprise Fund
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in that biennium; and
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[(ii) 25 percent] to the skills development |
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fund created under Section 303.003, except that the amount |
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transferred under this subdivision [paragraph] may not exceed the |
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amount appropriated by the legislature to the skills development |
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program strategies and activities in that biennium; and |
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(2) any remaining amount in the holding fund after the |
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distribution under Subdivision (1) to the training stabilization |
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fund created under Section 302.101. |
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(b) If, on September 1 of a year, the commission determines |
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that the amount in the compensation fund will be at or below 100 |
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percent of its floor as computed under Section 204.061 on the next |
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October 1 computation date, the commission shall transfer to the |
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compensation fund as much of the amount in the holding fund as is |
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necessary to raise the amount in the compensation fund to 100 |
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percent of its floor, up to and including the entire amount in the |
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holding fund. The commission shall transfer any remaining balance |
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in the holding fund to [the Texas Enterprise Fund,] the skills |
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development fund[,] and the training stabilization fund as [in the
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percentages] prescribed by Subsection (a). |
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SECTION 5. Sections 302.101(b) and (c), Labor Code, are |
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amended to read as follows: |
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(b) Money in the training stabilization fund may be used in |
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a year in which the amounts in the employment and training |
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investment holding fund are insufficient to meet the legislative |
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appropriation for that fiscal year for [either the Texas Enterprise
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Fund or] the skills development program strategies and activities. |
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(c) Money in the training stabilization fund shall be |
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transferred to [the Texas Enterprise Fund and] the skills |
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development fund under Subsection (b) not later than September 30. |
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[The transfer under Subsection (b) shall consist of transferring 67
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percent of the money in the training stabilization fund to the Texas
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Enterprise Fund and 33 percent of the money in the training
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stabilization fund to the skills development fund.] The amount |
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transferred from the training stabilization fund may not exceed the |
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amount [amounts] appropriated to the [Texas Enterprise Fund and] |
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skills development program strategies and activities in the fiscal |
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year in which the transfer is made. |
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SECTION 6. This Act takes effect September 1, 2011. |