84R13884 MK-D
	By: Nelson	S.B. No. 1276

	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.