Bill Text: TX HR155 | 2013 | 83rd Legislature 2nd Special Session | Enrolled
Bill Title: Suspending limitations on conference committee jurisdiction, H.B. 16.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-07-30 - Reported enrolled [HR155 Detail]
Download: Texas-2013-HR155-Enrolled.html
H.R. No. 155 |
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BE IT RESOLVED by the House of Representatives of the State of | ||
Texas, 83rd Legislature, 2nd Called Session, 2013, That House Rule | ||
13, Section 9(a), be suspended in part as provided by House Rule 13, | ||
Section 9(f), to enable the conference committee appointed to | ||
resolve the differences on House Bill 16 (the creation and | ||
functions of legislative select committees on transportation | ||
funding, expenditures, and finance and to the preservation of a | ||
sufficient balance in the economic stabilization fund) to consider | ||
and take action on the following matters: | ||
(1) House Rule 13, Sections 9(a)(1) and (2), are suspended | ||
to permit the committee to change, alter, amend, and omit text which | ||
is not in disagreement in Section 1 of the bill to read as follows: | ||
SECTION 1. (a) The speaker of the house of representatives | ||
shall appoint nine members to a House Select Committee on | ||
Transportation Funding, Expenditures, and Finance and designate | ||
one member as chair. The lieutenant governor shall appoint nine | ||
members to a Senate Select Committee on Transportation Funding, | ||
Expenditures, and Finance and designate one member as chair. The | ||
speaker and lieutenant governor shall make the appointments not | ||
later than November 30, 2013. | ||
(b) The committees established under this section may meet | ||
separately at the call of the chair of the committee or jointly at | ||
the call of both chairs. In joint meetings, the chairs shall act as | ||
joint chairs. | ||
(c) The committees established under this section, meeting | ||
separately or jointly, shall review, study, and evaluate: | ||
(1) the future reliability of all current state | ||
transportation funding sources; | ||
(2) alternatives that may increase available state | ||
funding for surface transportation, including an examination of | ||
increases to current surface-transportation-related funding | ||
streams and possible diversions of | ||
non-surface-transportation-related funding streams toward surface | ||
transportation funding; | ||
(3) the use of debt financing in state transportation | ||
funding, including the uses of the Texas Mobility Fund, and the | ||
effects on long-term transportation planning of using debt | ||
financing; | ||
(4) alternative transportation funding options in use | ||
nationally and internationally; | ||
(5) current and historic appropriations to the Texas | ||
Department of Transportation, including: | ||
(A) whether that agency's budget structure best | ||
maximizes the application of limited public funds toward highway | ||
maintenance and construction; | ||
(B) whether there are opportunities to reduce the | ||
use of money from the state highway fund by that agency for | ||
activities not related to highway maintenance and construction, | ||
including such uses as employee salaries and benefits; and | ||
(C) possible benefits of developing a budget for | ||
that agency for the 2016-2017 state fiscal biennium using | ||
zero-based budgeting principles; | ||
(6) the uses of the state highway fund for agencies | ||
other than the Texas Department of Transportation, including and | ||
emphasizing the use of that fund for the Department of Public Safety | ||
of the State of Texas; and | ||
(7) the original purpose of the economic stabilization | ||
fund established by Section 49-g, Article III, Texas Constitution, | ||
whether that purpose remains relevant, and whether it remains | ||
appropriate to continue using the net amount of oil and gas | ||
production taxes received in the 1987 state fiscal year as the basis | ||
for making general revenue transfers to the economic stabilization | ||
fund. | ||
(d) Following consideration of the factors described by | ||
Subsection (c) of this section, the committees established under | ||
this section shall jointly adopt recommendations related to the | ||
reviewed subjects and shall provide a written report of the | ||
committees' recommendations on the reviewed subjects to the | ||
legislature not later than November 1, 2014. | ||
(e) The committees established under this section may | ||
exercise any power of a committee of their respective chambers and | ||
any powers of a joint committee. For the purposes of this Act, the | ||
committees established under this section are considered a joint | ||
committee and the cost of operation of each committee may be borne | ||
in the same manner as the cost of a joint committee. The Texas | ||
Legislative Council may provide funding for the operations of the | ||
committees. To the extent not inconsistent with this resolution, | ||
the joint rules adopted by the 83rd Legislature for the | ||
administration of joint interim legislative study committees apply | ||
to the committees established under this section. | ||
(f) This section expires January 13, 2015. | ||
Explanation: The change is necessary to replace the joint | ||
committee and study regarding the economic stabilization fund | ||
included as provided by each chamber's version of the bill with | ||
select committees to study the matters described by Section 1 of the | ||
bill and to provide for the expiration of the select committees. | ||
(2) House Rule 13, Section 9(a)(4), is suspended to permit | ||
the committee to add text on a matter which is not included in | ||
either the House or Senate version of the bill to read as follows: | ||
SECTION 2. (a) Chapter 316, Government Code, is amended by | ||
adding Subchapter H to read as follows: | ||
SUBCHAPTER H. PRESERVATION OF SUFFICIENT BALANCE IN ECONOMIC | ||
STABILIZATION FUND | ||
Sec. 316.091. DEFINITION. In this subchapter: | ||
(1) "Board" means the Legislative Budget Board. | ||
(2) "Fund" means the economic stabilization fund. | ||
Sec. 316.092. DETERMINATION OF SUFFICIENT BALANCE. (a) For | ||
the purposes of Section 49-g(c-2), Article III, Texas Constitution, | ||
before the board submits the budget as prescribed by Section | ||
322.008(c), the board shall determine and adopt for the next state | ||
fiscal biennium a sufficient balance of the fund in an amount that | ||
the board estimates will ensure an appropriate amount of revenue | ||
available in the fund. In determining the sufficient balance for | ||
each that fiscal biennium, the board shall consider: | ||
(1) the history of fund balances; | ||
(2) the history of transfers to the fund; | ||
(3) estimated fund balances during that fiscal | ||
biennium; | ||
(4) estimated transfers to the fund to occur during | ||
that fiscal biennium; | ||
(5) information available to the board regarding state | ||
highway congestion and funding demands; and | ||
(6) any other information requested by the board | ||
regarding the state's financial condition. | ||
(b) On or before October 1 of each even-numbered year, the | ||
comptroller shall provide to the board the comptroller's projection | ||
of the amounts to be transferred to the fund during the next state | ||
fiscal biennium. | ||
Sec. 316.093. ADJUSTMENT OF CONSTITUTIONAL ALLOCATIONS TO | ||
FUND AND STATE HIGHWAY FUND. (a) Before the comptroller makes | ||
transfers for a state fiscal year in accordance with Section | ||
49-g(c), Article III, Texas Constitution, the comptroller shall | ||
determine whether the sum of the balance of the fund on the | ||
preceding August 31, any projected transfer to the fund under | ||
Sections 49-g(b) of that article, and any projected transfer to the | ||
fund under Section 49-g(c) of that article in accordance with the | ||
allocations for the transfer as provided by Section 49-g(c-1) of | ||
that article is less than the sufficient balance adopted under | ||
Section 316.092. | ||
(b) If the sum described by Subsection (a) is less than the | ||
sufficient balance adopted under Section 316.092, the comptroller | ||
shall adjust the allocation of amounts to be transferred to the fund | ||
and to the state highway fund as provided by Section 49-g(c), | ||
Article III, Texas Constitution, so that: | ||
(1) the amount allocated for transfer to the fund is | ||
increased by an additional amount equal to the lesser of the | ||
remaining one-half of the sum of the amounts allocated for transfer | ||
under Sections 49-g (d) and (e) of that article or the amount | ||
necessary for the sufficient balance to be reached when considered | ||
together with other estimated transfers to the fund during the | ||
then-current fiscal year; and | ||
(2) the amount allocated for transfer to the state | ||
highway fund is reduced by the amount of the increased allocation to | ||
the fund under Subdivision (1). | ||
(c) If the board has not adopted under Section 316.092 a | ||
sufficient balance for the comptroller to consider under this | ||
section, the comptroller shall adjust the allocation of amounts to | ||
be transferred to the fund and to the state highway fund as provided | ||
by Section 49-g(c), Article III, Texas Constitution, so that the | ||
total of those amounts are transferred to the economic | ||
stabilization fund, except that the comptroller shall reduce a | ||
transfer made under this subsection as necessary to prevent the | ||
amount in the fund from exceeding the limit in effect for that | ||
biennium under Section 49-g(g) of that article. | ||
(d) As soon as practicable after the effective date of this | ||
section, the board shall determine and adopt a sufficient balance | ||
of the fund applicable to the transfers to be made under Section | ||
49-g(c), Article III, Texas Constitution, for the state fiscal year | ||
beginning September 1, 2014, and a sufficient balance of the fund | ||
applicable to the transfers to be made under that section for the | ||
next fiscal biennium. The comptroller may not make the transfers | ||
required under that section for the state fiscal year beginning | ||
September 1, 2014, until the board has adopted a sufficient balance | ||
under this subsection. However, if the board has not adopted the | ||
balance before the 30th day after the effective date of this | ||
section, the comptroller shall make that transfer on the 30th day | ||
after the effective date of this section in accordance with | ||
Subsection (c) of this section. This subsection expires September | ||
1, 2015. | ||
(b) This section takes effect immediately on the final | ||
canvass of the election on the constitutional amendment proposed by | ||
the 83rd Legislature, 2nd Called Session, 2013, to provide for the | ||
transfer of certain general revenue to the economic stabilization | ||
fund and the state highway fund and for the dedication of the | ||
revenue transferred to the state highway fund, but only if that | ||
amendment is approved by the voters. If that amendment is not | ||
approved by the voters, this Act has no effect. | ||
Explanation: The change is necessary to provide a general | ||
law procedure for allocation of certain amounts to be transferred | ||
under Section 49-g, Article III, Texas Constitution, as would be | ||
required if the constitutional amendment proposed by House Joint | ||
Resolution No. 2 is approved by the voters. | ||
(3) House Rule 13, Sections 9(a)(1) and (3), are suspended | ||
to permit the committee to change, alter, amend, and add text on a | ||
matter which is not in disagreement to read as follows: | ||
SECTION 3. Except as otherwise provided by this Act: | ||
(1) this Act takes effect immediately if it receives a | ||
vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution; and | ||
(2) if this Act does not receive the vote necessary for | ||
immediate effect, this Act takes effect on the 91st day after the | ||
last day of the legislative session. | ||
Explanation: The change is necessary to allow for the select | ||
committees provided for to begin functioning earlier and to provide | ||
for a contingent effective date for the general law procedure, as | ||
provided by the bill, for allocation of certain amounts to be | ||
transferred under Section 49-g, Article III, Texas Constitution, as | ||
would be required if the constitutional amendment proposed by House | ||
Joint Resolution No. 2 is approved by the voters. | ||
Pickett | ||
______________________________ | ||
Speaker of the House | ||
I certify that H.R. No. 155 was adopted by the House on July | ||
29, 2013, by the following vote: Yeas 126, Nays 1, 1 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||