Bill Text: TX HJR70 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Proposing a constitutional amendment regarding the maximum rate of growth of appropriations and the use of unencumbered surplus general revenues to fund the state's rainy day fund and a public school property tax relief fund.
Spectrum: Partisan Bill (Republican 20-0)
Status: (Introduced - Dead) 2011-04-28 - Left pending in committee [HJR70 Detail]
Download: Texas-2011-HJR70-Introduced.html
82R104 JJT-F | ||
By: Paxton | H.J.R. No. 70 |
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proposing a constitutional amendment regarding the maximum rate of | ||
growth of appropriations and the use of unencumbered surplus | ||
general revenues to fund the state's rainy day fund and a public | ||
school property tax relief fund. | ||
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 22, Article VIII, Texas Constitution, is | ||
amended to read as follows: | ||
Sec. 22. (a) The [ |
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of appropriations from the state treasury for a fiscal biennium, as | ||
compared to the previous fiscal biennium, from all available | ||
sources of revenue except the federal government may not [ |
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[ |
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Subsection (c) of this section and general law. The amount of | ||
appropriations from the state treasury for a fiscal biennium may | ||
not exceed the amount of permissible appropriations from all | ||
available sources of revenue except the federal government for that | ||
fiscal biennium, as determined in accordance with Subsection (d) of | ||
this section and general law [ |
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(b) For purposes of this section, appropriations from any | ||
source of revenue made for the sole purpose of reducing the | ||
imposition of ad valorem taxes by a political subdivision of this | ||
state or otherwise providing ad valorem tax relief are excluded | ||
from the determinations made under Subsections (c) and (d) of this | ||
section. | ||
(c) The maximum rate of growth of appropriations from all | ||
available sources of revenue except the federal government is the | ||
least of: | ||
(1) a rate equal to the sum of: | ||
(A) the estimated rate of growth of this state's | ||
population; and | ||
(B) the estimated rate of monetary inflation in | ||
this state; | ||
(2) the estimated rate of growth of this state's gross | ||
state product; or | ||
(3) the estimated rate of growth of personal income of | ||
this state's residents. | ||
(d) The amount of permissible appropriations from all | ||
available sources of revenue except the federal government may not | ||
exceed an amount determined by multiplying the amount of | ||
appropriations from all available sources of revenue except the | ||
federal government for the then current fiscal biennium by the sum | ||
of one plus the maximum rate of growth determined under Subsection | ||
(c) of this section. If the maximum rate of growth determined under | ||
Subsection (c) of this section is a negative rate, the maximum | ||
amount of permissible appropriations from all available sources of | ||
revenue except the federal government for the next fiscal biennium | ||
is an amount less than the amount of appropriations for the then | ||
current fiscal biennium reduced in accordance with that negative | ||
growth rate. | ||
(e) The legislature shall provide by general law procedures | ||
to implement this section [ |
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(f) [ |
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of a resolution approved by two-thirds [ |
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of the members of each house, finds that an emergency exists and | ||
identifies the nature of the emergency, the legislature may provide | ||
by that resolution for appropriations in excess of the maximum | ||
permissible amount of appropriations authorized under [ |
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Subsection (d) [ |
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appropriations authorized by resolutions approved under this | ||
subsection may not exceed the total of the amounts [ |
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specified in those resolutions [ |
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(g) [ |
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as provided in Article III, Section 49a, of this constitution. | ||
Nothing in this section shall be construed to alter, amend, or | ||
repeal Article III, Section 49a, of this constitution. | ||
SECTION 2. Section 49a, Article III, Texas Constitution, is | ||
amended by adding Subsections (c) and (d) to read as follows: | ||
(c) A bill containing an appropriation may not be considered | ||
as passed and may not be sent to the Governor for consideration | ||
until the Comptroller of Public Accounts endorses on the bill the | ||
Comptroller's certificate showing that the amount appropriated | ||
does not exceed the maximum amount of permissible appropriations | ||
authorized under Section 22, Article VIII, of this constitution. | ||
(d) When the Comptroller of Public Accounts finds that a | ||
bill containing an appropriation exceeds the maximum amount of | ||
permissible appropriations authorized under Section 22, Article | ||
VIII, of this constitution, the Comptroller shall: | ||
(1) endorse on the bill that finding; | ||
(2) return the bill to the House in which it | ||
originated; and | ||
(3) notify immediately the House of Representatives | ||
and the Senate of the finding. | ||
SECTION 3. Section 49-g(b), Article III, Texas | ||
Constitution, is amended to read as follows: | ||
(b) The comptroller shall, not later than the 90th day of | ||
each state fiscal biennium, transfer to the economic stabilization | ||
fund one-quarter [ |
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general revenues on the last day of the preceding biennium. If | ||
necessary, the comptroller shall reduce the amount transferred in | ||
proportion to the other amounts prescribed by this section to | ||
prevent the amount in the fund from exceeding the limit in effect | ||
for that biennium under Subsection (g) of this section. For | ||
purposes of this subsection, general revenues are considered | ||
encumbered on the last day of a state fiscal biennium only to the | ||
extent that general revenues are subject to payment for particular | ||
identifiable and legally enforceable obligations of this state that | ||
were incurred on or before that day and intended to be paid out of | ||
appropriations for that biennium. | ||
SECTION 4. Article III, Texas Constitution, is amended by | ||
adding Section 49-g-1 to read as follows: | ||
Sec. 49-g-1. (a) Not later than the 90th day of each state | ||
fiscal biennium, the comptroller of public accounts shall ascertain | ||
the amount of the unencumbered positive balance of general revenues | ||
on the last day of the preceding state fiscal biennium that remains | ||
after the transfer of general revenues to the economic | ||
stabilization fund under Section 49-g(b) of this article. For | ||
purposes of this subsection, general revenues are considered | ||
encumbered on the last day of a state fiscal biennium only to the | ||
extent that general revenues are subject to payment for particular | ||
identifiable and legally enforceable obligations of this state that | ||
were incurred on or before that day and intended to be paid out of | ||
appropriations for that biennium. | ||
(b) Not later than the 91st day of each state fiscal | ||
biennium, the comptroller of public accounts shall transfer to a | ||
property tax relief fund two-thirds of the amount of the balance | ||
ascertained under Subsection (a) of this section. Money | ||
transferred to the property tax relief fund may be appropriated | ||
only for the purpose of reducing as provided by general law the rate | ||
of the school district maintenance and operation taxes authorized | ||
by Section 3(e), Article VII, of this constitution. | ||
(c) The legislature by general law shall provide the method | ||
by which the school district maintenance and operation tax rate is | ||
to be reduced by the appropriation of money dedicated for that | ||
purpose by Subsection (b) of this section. The maximum rate at | ||
which a school district may impose maintenance and operation taxes | ||
is to be reduced by an amount equal to one cent per $100 valuation of | ||
taxable property for each one cent per $100 valuation of taxable | ||
property that the school district's maintenance and operation tax | ||
is reduced by the general law method required by this subsection. | ||
(d) In preparing an estimate of anticipated revenues for a | ||
succeeding biennium as required by Section 49a of this article, the | ||
comptroller of public accounts shall estimate the amount of the | ||
transfers that will be made under this section. The comptroller | ||
shall deduct that amount from the estimate of anticipated revenues | ||
as if the transfers were made on August 31 of that fiscal year. | ||
SECTION 5. (a) This proposed constitutional amendment | ||
shall be submitted to the voters at an election to be held November | ||
6, 2012. | ||
(b) The ballot shall be printed to permit voting for or | ||
against the proposition: "The constitutional amendment regarding | ||
the maximum rate of growth of appropriations and the use of | ||
unencumbered surplus general revenues to fund the state's rainy day | ||
fund and a public school property tax relief fund." |