Texas
HB4488
HB4488 - Relating to the creation and re-creation of funds and accounts, the dedication and rededication of revenue and allocation of accrued interest on dedicated revenue, and the exemption of unappropriated money from use for general governmental purposes.
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      H.B. No. 4488         AN ACT   relating to the creation and re-creation of funds and accounts, the   dedication and rededication of revenue and allocation of accrued   interest on dedicated 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 or judicial   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 by an Act of the 89th   Legislature, Regular Session, 2025, that becomes law and all   dedications or rededications of revenue collected by a state agency   for a particular purpose by an Act of the 89th Legislature, Regular   Session, 2025, that becomes law are abolished on the later of August   31, 2025, 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 89th 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 other revenue dedicated as   described by this section; or                (4)  increases in fees or 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 under an Act of the 89th Legislature, Regular   Session, 2025, 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 89th Legislature, Regular Session,   2025, 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   89th Legislature, Regular Session, 2025, 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 DEDICATIONS, FUNDS, AND   ACCOUNTS. 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 89th   Legislature, Regular Session, 2025, 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.  ADDITIONAL USES FOR DEDICATED FUNDS OR ACCOUNTS.     Section 2 of this Act does not apply to a newly authorized use of   money in a dedicated fund or dedicated account as provided by an Act   of the 89th Legislature, Regular Session, 2025, to the extent:                (1)  the fund or account was exempted from abolition by   an Act of the legislature that became law before January 1, 2025;   and                (2)  the newly authorized use is within the scope of the   original dedication of the fund or account.          SECTION 9.  ACCOUNTS IN GENERAL REVENUE FUND. Effective on   the later of the effective date of the Act creating or re-creating   the specified account or August 31, 2025, the following accounts,   the revenue deposited to the credit of those accounts, and the   revenue dedicated for deposit to the credit of those accounts are   exempt from Section 2 of this Act and the accounts are created or   re-created in the general revenue fund, if created or re-created by   an Act of the 89th Legislature, Regular Session, 2025, that becomes   law:                (1)  the Texas advanced nuclear development fund   created as an account in the general revenue fund by House Bill   No. 14 or similar legislation;                (2)  the gulf coast protection account created as an   account in the general revenue fund by House Bill No. 1089 or   similar legislation;                (3)  the nonprofit organizations supporting employees   of the Department of Public Safety account created as an account in   the general revenue fund by House Bill No. 3033 or similar   legislation;                (4)  the farm winery marketing assistance fund created   as an account in the general revenue fund by House Bill No. 3385 or   similar legislation;                (5)  the critical infrastructure emergency response   map fund created as an account in the general revenue fund by House   Bill No. 4341 or similar legislation;                (6)  the Quantum University and Business Innovation for   Texas Fund created as an account in the general revenue fund by   House Bill No. 4751 or similar legislation; and                (7)  the program fund created as an account in the   general revenue fund by Senate Bill No. 2 or similar legislation.          SECTION 10.  SEPARATE FUNDS. Effective on the later of the   effective date of the Act creating or re-creating the specified   fund or August 31, 2025, the following funds, the revenue deposited   to those funds, and the revenue dedicated for deposit to those funds   are exempt from Section 2 of this Act and the funds are created or   re-created as separate funds inside or outside the state treasury,   as specified by the Act creating or re-creating the fund, if created   or re-created by an Act of the 89th Legislature, Regular Session,   2025, that becomes law:                (1)  the workforce housing capital investment fund   created as a fund in the state treasury by House Bill No. 4505 or   similar legislation;                (2)  the Dementia Prevention and Research Fund created   as a fund in the state treasury by Senate Bill No. 5 or similar   legislation and Senate Joint Resolution No. 3 or similar   legislation;                (3)  the Texas water fund administrative fund created   as a fund in the state treasury by Senate Bill No. 7 or similar   legislation;                (4)  the Texas Strategic Bitcoin Reserve created as a   fund outside the state treasury by Senate Bill No. 21 or similar   legislation; and                (5)  the Texas moving image industry incentive fund   created as a fund outside the state treasury by Senate Bill No. 22   or similar legislation.          SECTION 11.  REVENUE DEDICATIONS.  Effective on the later of   the effective date of the Act dedicating or rededicating the   specified revenue or August 31, 2025, the following dedications or   rededications of revenue collected for a particular purpose are   exempt from Section 2 of this Act, if dedicated or rededicated by an   Act of the 89th Legislature, Regular Session, 2025, that becomes   law:                (1)  the dedication of revenue to the oil and gas   regulation and cleanup fund provided by House Bill No. 106 or   similar legislation;                (2)  the dedication of revenue to the state highway   fund provided by House Bill No. 2427 or similar legislation;                (3)  the dedication of revenue to the state highway   fund provided by House Bill No. 2763 or similar legislation;                (4)  the dedication of revenue to the water resource   management account provided by House Bill No. 3866 or similar   legislation;                (5)  the dedication of revenue to the Texas Historical   Commission retail operations fund provided by House Bill No. 4187   or similar legislation;                (6)  the dedication of revenue to the historic site   account provided by Senate Bill No. 217 or similar legislation;                (7)  the dedication of revenue to the compensation to   victims of crime fund provided by Senate Bill No. 1065 or similar   legislation;                (8)  the dedication of revenue to the Texas Department   of Insurance operating account provided by Senate Bill No. 1455 or   similar legislation;                (9)  the dedication of revenue to the clean air account   provided by Senate Bill No. 1729 or similar legislation;                (10)  the dedication of revenue to the clean air   account provided by Senate Bill No. 1757 or similar legislation;                (11)  the dedication of interest income to the ship   channel improvement revolving fund provided by Senate Bill No. 1939   or similar legislation;                (12)  the dedication of revenue to the water resource   management account provided by Senate Bill No. 2037 or similar   legislation;                (13)  the dedication of revenue to the state highway   fund provided by Senate Bill No. 2722 or similar legislation; and                (14)  the dedication of revenue to the game, fish, and   water safety account provided by Senate Bill No. 2801 or similar   legislation.          SECTION 12.  REALLOCATION OF INTEREST ACCRUED ON CERTAIN   DEDICATED REVENUE. (a)  This section applies only to an account in   the general revenue fund:                (1)  any part of which Section 403.095, Government   Code, makes available for certification under Section 403.121,   Government Code; and                (2)  that is created or re-created by an Act of the 89th   Legislature, Regular Session, 2025.          (b)  Except as provided by this Act, all interest and other   earnings that accrue on all revenue held in an account in the   general revenue fund are available for any general governmental   purpose.          (c)  Except as provided by this Act, the comptroller shall   deposit all
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