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  84R13884 MK-D
 
  By: Darby H.B. No. 7
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the amounts, availability, and use of certain
  statutorily dedicated revenue and accounts; reducing or affecting
  the amounts or rates of certain statutorily dedicated fees and
  assessments.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 102.055, Business & Commerce Code, is
  amended to read as follows:
         Sec. 102.055.  ALLOCATION OF ADDITIONAL REVENUE. [(a)] The
  comptroller shall deposit all amounts received from the fee imposed
  under this subchapter after the first $25 million in a state fiscal
  biennium to the credit of the general revenue fund [in the Texas
  health opportunity pool established under Subchapter N, Chapter
  531, Government Code.   Money deposited in the pool under this
  section may be used only to provide health benefits coverage
  premium payment assistance to low-income persons through a premium
  payment assistance program developed under that subchapter].
         [(b)     This section takes effect only if Senate Bill No.   10,
  Acts of the 80th Legislature, Regular Session, 2007, becomes law
  and the Texas health opportunity pool is established under that
  Act.   If that Act does not become law, or that Act becomes law but
  the pool is not established, this section has no effect, and the
  revenue is deposited as provided by Section 47.0551.]
         SECTION 2.  Section 21.703, Education Code, is amended to
  read as follows:
         Sec. 21.703.  [EDUCATOR EXCELLENCE INNOVATION FUND;] AMOUNT
  OF GRANT AWARD. (a)  [Each state fiscal year, the commissioner
  shall deposit an amount determined by the General Appropriations
  Act to the credit of the educator excellence innovation fund in the
  general revenue fund.]  Each state fiscal year, the agency shall
  [use money in the educator excellence innovation fund to] provide
  each school district approved on a competitive basis under this
  subchapter with a grant in an amount determined by the agency in
  accordance with commissioner rule.
         (b)  Not later than April 1 of each state fiscal year, the
  agency shall provide written notice to each school district that
  will be provided a grant under this section that the district will
  be provided the grant and the amount of that grant.
         SECTION 3.  Section 56.463, Education Code, is amended by
  amending Subsection (b) and adding Subsection (c) to read as
  follows:
         (b)  Money in the Texas B-On-time student loan account may be
  appropriated [used] only:
               (1)  to pay any costs of the coordinating board related
  to the operation of the Texas B-On-time loan program and as
  otherwise provided by this subchapter; or
               (2)  to the institutions of higher education that
  contribute to the account as provided by Section 56.465 and only for
  a purpose other than the Texas B-On-time loan program.
         (c)  Appropriations under Subsection (b)(2) must be made so
  that each of the institutions of higher education receives an
  amount that is in proportion to the net amount the institution
  contributed to the Texas B-On-time student loan account.
         SECTION 4.  Section 61.5391(a), Education Code, is amended
  to read as follows:
         (a)  The physician education loan repayment program account
  is an account in the general revenue fund.  The account is composed
  of:
               (1)  gifts and grants contributed to the account;
               (2)  earnings on the principal of the account; and
               (3)  other amounts deposited to the credit of the
  account, including:
                     (A)  money deposited under Section [61.539(b) or]
  61.5392;
                     (B)  legislative appropriations; and
                     (C)  money deposited under Section 155.2415, Tax
  Code.
         SECTION 5.  Subchapter B, Chapter 403, Government Code, is
  amended by adding Section 403.0143 to read as follows:
         Sec. 403.0143.  REPORT ON USE OF GENERAL REVENUE-DEDICATED
  ACCOUNTS.  After each regular session of the legislature, the
  comptroller shall issue a report that itemizes each general
  revenue-dedicated account and the estimated balance and revenue in
  each account that is considered available for the purposes of
  certification of appropriations as provided by Section 403.095.  
  The comptroller shall publish the report on the comptroller's
  Internet website.
         SECTION 6.  Section 420.008(c), Government Code, is amended
  to read as follows:
         (c)  The legislature may appropriate money deposited to the
  credit of the fund only to:
               (1)  the attorney general, for:
                     (A)  sexual violence awareness and prevention
  campaigns;
                     (B)  grants to faith-based groups, independent
  school districts, and community action organizations for programs
  for the prevention of sexual assault and programs for victims of
  human trafficking;
                     (C)  grants for equipment for sexual assault nurse
  examiner programs, to support the preceptorship of future sexual
  assault nurse examiners, and for the continuing education of sexual
  assault nurse examiners;
                     (D)  grants to increase the level of sexual
  assault services in this state;
                     (E)  grants to support victim assistance
  coordinators;
                     (F)  grants to support technology in rape crisis
  centers;
                     (G)  grants to and contracts with a statewide
  nonprofit organization exempt from federal income taxation under
  Section 501(c)(3), Internal Revenue Code of 1986, having as a
  primary purpose ending sexual violence in this state, for programs
  for the prevention of sexual violence, outreach programs, and
  technical assistance to and support of youth and rape crisis
  centers working to prevent sexual violence; and
                     (H)  grants to regional nonprofit providers of
  civil legal services to provide legal assistance for sexual assault
  victims;
               (2)  the Department of State Health Services, to
  measure the prevalence of sexual assault in this state and for
  grants to support programs assisting victims of human trafficking;
               (3)  the Institute on Domestic Violence and Sexual
  Assault at The University of Texas at Austin, to conduct research on
  all aspects of sexual assault and domestic violence;
               (4)  Texas State University, for training and technical
  assistance to independent school districts for campus safety;
               (5)  the office of the governor, for grants to support
  sexual assault and human trafficking prosecution projects;
               (6)  the department [Department of Public Safety], to
  support sexual assault training for commissioned officers;
               (7)  the comptroller's judiciary section, for
  increasing the capacity of the sex offender civil commitment
  program;
               (8)  the Texas Department of Criminal Justice:
                     (A)  for pilot projects for monitoring sex
  offenders on parole; and
                     (B)  for increasing the number of adult
  incarcerated sex offenders receiving treatment;
               (9)  the Texas Juvenile Justice Department [Youth
  Commission], for increasing the number of incarcerated juvenile sex
  offenders receiving treatment;
               (10)  the comptroller, for the administration of the
  fee imposed on sexually oriented businesses under Section 102.052,
  Business & Commerce Code; [and]
               (11)  the supreme court, to be transferred to the Texas
  [Equal] Access to Justice Foundation, or a similar entity, to
  provide victim-related legal services to sexual assault victims,
  including legal assistance with protective orders,
  relocation-related matters, victim compensation, and actions to
  secure privacy protections available to victims under law; and
               (12)  any state agency or organization for the purpose
  of conducting human trafficking enforcement programs.
         SECTION 7.  Section 614.104, Government Code, is amended by
  amending Subsections (a) and (b) and adding Subsection (d) to read
  as follows:
         (a)  The volunteer fire department assistance fund is an
  account in the general revenue fund and is composed of money
  collected under Chapter 2007 [Article 5.102], Insurance Code, and
  contributions to the fund from any other source.
         (b)  Except as provided by Subsections [Subsection] (c) and
  (d), money in the fund may be used only for a purpose under this
  subchapter.
         (d)  Money in the fund may be appropriated for a contribution
  to the Texas Emergency Services Retirement System subject to
  Section 865.015.
         SECTION 8.  Section 382.0622(a), Health and Safety Code, is
  amended to read as follows:
         (a)  Clean Air Act fees consist of:
               (1)  fees collected by the commission under Sections
  382.062, 382.0621, 382.202, and 382.302 and as otherwise provided
  by law;
               (2)  $2 from the portion of each fee collected for
  inspections of vehicles other than mopeds and remitted to the state
  under Sections [Section] 548.501 and 548.503, Transportation Code;
  and
               (3)  fees collected that are required under Section 185
  of the federal Clean Air Act (42 U.S.C. Section 7511d).
         SECTION 9.  Section 771.071(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The amount of the fee may not exceed 50 cents a month for
  each line. The commission shall suspend the fees established under
  this section for the duration of any state fiscal biennium for which
  the unencumbered balance of the 9-1-1 services fee account and the
  anticipated revenue to be deposited to the account from fees on
  wireless telecommunications connections imposed under Section
  771.0711 are sufficient to pay for all of the appropriations from
  that account. The commission may reinstate its imposition of the
  fees under this section if the commission anticipates that in the
  next succeeding state fiscal biennium the unencumbered balance of
  the 9-1-1 services fee account will not otherwise be sufficient to
  pay for all of the appropriations from that account.
         SECTION 10.  Sections 771.0711(a) and (b), Health and Safety
  Code, are amended to read as follows:
         (a)  To provide for automatic number identification and
  automatic location identification of wireless 9-1-1 calls, the
  commission shall impose on each wireless telecommunications
  connection a 9-1-1 emergency service fee in an amount determined by
  the commission to be sufficient, when considered together with the
  anticipated revenue from the 9-1-1 emergency service fees imposed
  under Section 771.071, to fund all entities in this state that
  provide emergency communications services but not more than 50
  cents a month for each connection. A political subdivision may not
  impose another fee on a wireless service provider or subscriber for
  9-1-1 emergency service.
         (b)  A wireless service provider shall collect the fee [in an
  amount equal to 50 cents a month] for each wireless
  telecommunications connection from its subscribers and shall pay
  the money collected to the comptroller not later than the 30th day
  after the last day of the month during which the fees were
  collected. The comptroller may establish alternative dates for
  payment of fees under this section. The wireless service provider
  may retain an administrative fee of one percent of the amount
  collected. The comptroller shall deposit the money from the fees to
  the credit of the 9-1-1 services fee account. Until deposited to
  the credit of the 9-1-1 services fee account as required by
  Subsection (c), money the comptroller collects under this
  subsection remains in a trust fund with the state treasury.
         SECTION 11.  The heading to Section 780.002, Health and
  Safety Code, is amended to read as follows:
         Sec. 780.002.  CERTAIN DEPOSITS TO ACCOUNT.
         SECTION 12.  Section 780.003(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The account is composed of money deposited to the credit
  of the account under Sections 542.406 and 707.008, Transportation
  Code, and under Section 780.002 of this code[, and the earnings of
  the account].
         SECTION 13.  Section 2007.002, Insurance Code, is amended to
  read as follows:
         Sec. 2007.002.  ASSESSMENT.  The comptroller shall assess
  against all insurers to which this chapter applies amounts for each
  state fiscal year necessary, as determined by the commissioner, to
  collect a combined total equal to the lesser of:
               (1)  the total amount that the General Appropriations
  Act appropriates from the volunteer fire department assistance fund
  account in the general revenue fund for that state fiscal year other
  than appropriations for contributions to the Texas Emergency
  Services Retirement System made under Section 614.104(d),
  Government Code; or [and]
               (2)  $30 million.
         SECTION 14.  Section 1701.156, Occupations Code, is amended
  by adding Subsection (c) to read as follows:
         (c)  The Department of Public Safety may use money
  appropriated to the department from the account to award grants to
  local law enforcement agencies for training on incident-based
  reporting systems to be used for reporting information and
  statistics concerning criminal offenses committed in this state.
  The department shall adopt rules governing the award of grants by
  the department under this subsection.
         SECTION 15.  Section 1701.157, Occupations Code, is amended
  by adding Subsection (a-1) to read as follows:
         (a-1)  Subsection (a) does not apply to money appropriated to
  the Department of Public Safety from the account for the purpose of
  awarding grants to local law enforcement agencies for training on
  incident-based reporting systems under Section 1701.156(c).
         SECTION 16.  Section 155.2415, Tax Code, is amended to read
  as follows:
         Sec. 155.2415.  ALLOCATION OF CERTAIN REVENUE TO PROPERTY
  TAX RELIEF FUND AND CERTAIN OTHER FUNDS. Notwithstanding Section
  155.241, the proceeds from the collection of taxes imposed by
  Section 155.0211 shall be allocated as follows:
               (1)  the amount of the proceeds that is equal to the
  amount that, if the taxes imposed by Section 155.0211 were imposed
  at a rate of 40 percent of the manufacturer's list price, exclusive
  of any trade discount, special discount, or deal, would be
  attributable to the portion of that tax rate in excess of 35.213
  percent, shall be deposited to the credit of the property tax relief
  fund under Section 403.109, Government Code;
               (2)  the amount of the proceeds that is equal to the
  amount that would be attributable to a tax rate of 35.213 percent of
  the manufacturer's list price, exclusive of any trade discount,
  special discount, or deal, if the taxes were imposed by Section
  155.0211 at that rate, shall be deposited to the credit of the
  general revenue fund; and
               (3)  100 percent of the remaining proceeds shall be
  deposited to the credit of:
                     (A)  the physician education loan repayment
  program account established under Subchapter J, Chapter 61,
  Education Code; or
                     (B)  the general revenue fund, if the comptroller
  determines that the unencumbered beginning balance of the physician
  education loan repayment account established under Subchapter J,
  Chapter 61, Education Code, is sufficient to fund appropriations
  and other direct and indirect costs from that account for the
  current state fiscal year.
         SECTION 17.  Section 542.406(c), Transportation Code, is
  amended to read as follows:
         (c)  Not later than the 60th day after the end of a local
  authority's fiscal year, after deducting amounts the local
  authority is authorized by Subsection (d) to retain, the local
  authority shall:
               (1)  send 50 percent of the revenue derived from civil
  or administrative penalties collected by the local authority under
  this section to the comptroller for deposit to the credit of the
  designated [regional] trauma facility and emergency medical
  services account established under Section 780.003 [782.002],
  Health and Safety Code; and
               (2)  deposit the remainder of the revenue in a special
  account in the local authority's treasury that may be used only to
  fund traffic safety programs, including pedestrian safety
  programs, public safety programs, intersection improvements, and
  traffic enforcement.
         SECTION 18.  Section 707.008(a), Transportation Code, is
  amended to read as follows:
         (a)  Not later than the 60th day after the end of a local
  authority's fiscal year, after deducting amounts the local
  authority is authorized by Subsection (b) to retain, the local
  authority shall:
               (1)  send 50 percent of the revenue derived from civil
  or administrative penalties collected by the local authority under
  this section to the comptroller for deposit to the credit of the
  designated [regional] trauma facility and emergency medical
  services account established under Section 780.003 [782.002],
  Health and Safety Code; and
               (2)  deposit the remainder of the revenue in a special
  account in the local authority's treasury that may be used only to
  fund traffic safety programs, including pedestrian safety
  programs, public safety programs, intersection improvements, and
  traffic enforcement.
         SECTION 19.  Section 708.103, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (c) to
  read as follows:
         (b)  Except as provided by Subsection (c), the [The] amount
  of a surcharge under this section is $250 per year.
         (c)  The amount of a surcharge under this section is $125 per
  year if the person:
               (1)  has been convicted of an offense under Section
  601.191, and no other offense described by Subsection (a); and
               (2)  establishes financial responsibility under
  Section 601.051 not later than the 60th day after the date of the
  offense through a motor vehicle liability insurance policy that:
                     (A)  complies with Subchapter D, Chapter 601; and
                     (B)  is prepaid and valid for at least a six-month
  period.
         SECTION 20.  Section 708.104, Transportation Code, is
  amended by amending Subsection (b) and adding Subsection (b-1) to
  read as follows:
         (b)  Except as provided by Subsection (b-1), the [The] amount
  of a surcharge under this section is $100 per year.
         (b-1)  The amount of a surcharge under this section is $50
  per year if the person obtains a driver's license not later than the
  60th day after the date of the offense.
         SECTION 21.  Section 39.903(m), Utilities Code, is amended
  to read as follows:
         (m)  This section expires September 1, 2017 [2016].
         SECTION 22.  Section 39.9039, Utilities Code, is amended to
  read as follows:
         Sec. 39.9039.  ELIMINATION OF SYSTEM BENEFIT FUND BALANCE.
  (a) Notwithstanding Section 39.903(b), the commission shall set the
  nonbypassable system benefit fund fee at the amount of zero cents
  per megawatt hour for the period beginning September 1, 2013, and
  ending September 1, 2017 [2016].
         (b)  Notwithstanding Section 39.903(e), money in the system
  benefit fund may be appropriated:
               (1)  [for the state fiscal year beginning September 1,
  2013, a program established by the commission to assist low-income
  electric customers by providing a reduced rate for the months of
  September, 2013, and May through August, 2014, in the manner
  prescribed by Section 39.903(h) at a rate of up to 82 percent;
               [(2)]  for the state fiscal year beginning September 1,
  2014, a program established by the commission to assist low-income
  electric customers by providing a reduced rate for the months of
  September, 2014, and May through August, 2015, in the manner
  prescribed by Section 39.903(h) at a rate of up to 15 percent;
               (2) [(3)]  for the state fiscal year beginning
  September 1, 2015, a program established by the commission to
  assist low-income electric customers by providing a reduced rate
  for the months of September, 2015, and May through August, 2016, in
  the manner prescribed by Section 39.903(h) at a rate of up to 33 
  [15] percent;
               (3)  for the state fiscal year beginning September 1,
  2016, a program established by the commission to assist low-income
  electric customers by providing a reduced rate for the months of
  September, 2016, and May through August, 2017, in the manner
  prescribed by Section 39.903(h) at a rate of up to 33 percent; and
               (4)  for customer education programs and
  administrative expenses incurred by the commission in implementing
  and administering this chapter.
         (c)  This section expires September 1, 2017 [2016].
         SECTION 23.  Section 26.3574(b-1), Water Code, is amended to
  read as follows:
         (b-1)  The commission by rule shall set the amount of the fee
  in Subsection (b) in an amount not to exceed the amount necessary to
  cover the agency's costs of administering this subchapter, as
  indicated by the amount appropriated by the legislature from the
  petroleum storage tank remediation account for that purpose, not
  including any amount appropriated by the legislature from the
  petroleum storage tank remediation account for the purpose of the
  monitoring or remediation of releases occurring on or before
  December 22, 1998.
         SECTION 24.  The following provisions of law are repealed:
               (1)  Section 61.539, Education Code;
               (2)  Section 780.003(c), Health and Safety Code; and
               (3)  Chapter 782, Health and Safety Code.
         SECTION 25.  Not later than January 1, 2016, the Department
  of Public Safety shall adopt rules as required by Section
  1701.156(c), Occupations Code, as added by this Act.
         SECTION 26.  The changes in law made by this Act to Sections
  708.103 and 708.104, Transportation Code, apply to a surcharge
  pending on the effective date of this Act, regardless of when the
  surcharge was assessed.
         SECTION 27.  Not later than the 90th day of the state fiscal
  year beginning September 1, 2015, the comptroller shall transfer
  any remaining balance in the educator excellence innovation fund
  account No. 5135 to the credit of the general revenue fund.
         SECTION 28.  Not later than the 90th day of the state fiscal
  year beginning September 1, 2015, the comptroller shall transfer
  any remaining balance in the regional trauma account No. 5137 to the
  credit of the designated trauma facility and EMS account No. 5111 in
  the general revenue fund.
         SECTION 29.  This Act takes effect September 1, 2015.