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A BILL TO BE ENTITLED
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AN ACT
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relating to the limitation on the rate of growth in appropriations |
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from state tax revenues. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 316.001, 316.002, 316.003, 316.004, and |
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316.006, Government Code, are amended to read as follows: |
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Sec. 316.001. LIMIT. The rate of growth of appropriations |
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in a biennium from state tax revenues not dedicated by the |
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constitution, as compared to those appropriations made for the |
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previous biennium, may not exceed the least of the following rates: |
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(1) the estimated rate of growth of this [the] state's |
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economy; |
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(2) a rate equal to the sum of: |
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(A) the estimated biennial rate of growth of this |
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state's population; and |
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(B) the estimated biennial rate of monetary |
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inflation in this state; and |
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(3) the estimated biennial rate of growth of this |
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state's gross state product. |
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Sec. 316.002. DUTIES OF LEGISLATIVE BUDGET BOARD. |
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(a) Before the Legislative Budget Board submits the budget as |
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prescribed by Section 322.008(c), the board shall determine |
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[establish]: |
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(1) the estimated rate of growth of this [the] state's |
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economy from the current biennium to the next biennium as |
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determined under Subsection (b); |
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(2) a rate, as determined under Subsection (c), equal |
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to the sum of: |
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(A) the estimated biennial rate of growth of this |
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state's population; and |
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(B) the estimated biennial rate of monetary |
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inflation in this state; |
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(3) the estimated biennial rate of growth of this |
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state's gross state product as determined under Subsection (d); |
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(4) the level of appropriations for the current |
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biennium from state tax revenues not dedicated by the constitution; |
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and |
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(5) [(3)] the maximum permissible amount of state tax |
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revenues not dedicated by the constitution that may [could] be |
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appropriated for the next biennium within the limit established by |
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applying the least of: |
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(A) the estimated rate of growth of this [the] |
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state's economy as determined under Subsection (b); |
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(B) the rate as determined under Subsection (c) |
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from the rates of population growth and monetary inflation; and |
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(C) the estimated biennial rate of growth of this |
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state's gross state product as determined under Subsection (d). |
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(b) The [Except as provided by Subsection (c), the] board |
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shall determine the estimated rate of growth of this [the] state's |
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economy by dividing the estimated Texas total personal income for |
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the next biennium by the estimated Texas total personal income for |
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the current biennium. Using standard statistical methods, the |
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board shall make the estimate by projecting through the biennium |
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the estimated Texas total personal income reported by the United |
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States Department of Commerce or its successor in function. |
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(c) The board shall determine a rate equal to the sum of the |
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estimated biennial rate of growth of this state's population and |
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the estimated biennial rate of monetary inflation in this state as |
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provided by this subsection. The board shall determine the |
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estimated biennial rate of growth of this state's population based |
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on the average rate of growth during the preceding five years |
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according to estimates provided to the board by the state |
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demographer. The board shall determine the estimated biennial rate |
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of monetary inflation in this state based on the average rate of |
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change during the preceding five years of the effective consumer |
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price index for this state. For purposes of this subsection, the |
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effective consumer price index for this state is the average of the |
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consumer price indexes as determined by the United States |
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Department of Labor for the Houston metropolitan area and for the |
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Dallas/Fort Worth metropolitan area. |
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(d) The board shall determine the estimated biennial rate of |
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growth of this state's gross state product by dividing the |
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estimated gross state product for the then current state fiscal |
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year by the average of the gross state products for the preceding |
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four state fiscal years. The board shall consider information and |
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analysis provided by the comptroller and the Bureau of Economic |
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Analysis of the United States Department of Commerce, or its |
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successor in function. [If a more comprehensive definition of the
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rate of growth of the state's economy is developed and is approved
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by the committee established by Section 316.005, the board may use
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that definition in calculating the limit on appropriations.] |
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(e) [(d)] To ensure compliance with Section 22, Article |
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VIII, [Section 22, of the] Texas Constitution, the Legislative |
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Budget Board may not transmit in any form to the governor or the |
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legislature the budget as prescribed by Section 322.008(c) or the |
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general appropriations bill as prescribed by Section 322.008(d) |
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until the maximum permissible amount [limit on the rate of growth] |
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of appropriations of state tax revenues not dedicated by the |
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constitution that may be appropriated for the next biennium has |
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been adopted as required by this subchapter. |
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(f) If [(e) In the absence of an action by] the Legislative |
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Budget Board does not [to] adopt a maximum permissible amount of |
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appropriations of state tax revenues not dedicated by the |
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constitution that may be appropriated for the next biennium [a
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spending limit] as provided by this section, the maximum |
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permissible [in Subsections (a) and (b), the estimated rate of
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growth in the state's economy from the current biennium to the next
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biennium shall be treated as if it were zero, and the] amount of |
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state tax revenues not dedicated by the constitution that may |
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[could] be appropriated for the next biennium considered adopted |
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under this subchapter is [within the limit established by the
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estimated rate of growth in the state's economy shall be] the same |
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as the level of those appropriations for the current biennium. |
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Sec. 316.003. PUBLICATION. Before the Legislative Budget |
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Board approves the items of information required by Section |
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316.002, the board shall publish in the Texas Register the proposed |
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items of information and a description of the methodology and |
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sources used in making the determinations [calculations]. |
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Sec. 316.004. PUBLIC HEARING. Not later than December 1 of |
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each even-numbered year, the Legislative Budget Board shall hold a |
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public hearing to solicit testimony regarding the proposed items of |
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information and the methodology used in making the determinations |
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[calculations] required by Section 316.002. |
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Sec. 316.006. LIMIT ON BUDGET RECOMMENDATIONS. Unless |
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authorized by majority vote of the members of the board from each |
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house, the Legislative Budget Board budget recommendations |
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relating to the proposed appropriations of state tax revenues not |
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dedicated by the constitution may not exceed the maximum |
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permissible amount of those appropriations [limit] adopted by the |
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committee under Section 316.005. |
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SECTION 2. Section 316.007(a), Government Code, is amended |
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to read as follows: |
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(a) The Legislative Budget Board shall include in the |
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board's [its] budget recommendations the proposed maximum |
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permissible amount [limit] of appropriations from state tax |
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revenues not dedicated by the constitution. |
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SECTION 3. Section 316.008, Government Code, is amended to |
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read as follows: |
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Sec. 316.008. EFFECT OF LIMIT; ENFORCEMENT. (a) In this |
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section: |
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(1) "Constitutional limit on the rate of growth of |
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appropriations" means the limit on the rate of growth of this |
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state's economy as determined by the Legislative Budget Board under |
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Section 316.002(b): |
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(A) as finally adopted by the committee under |
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Section 316.005(b); or |
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(B) as considered adopted under Section |
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316.002(f) or 316.005(c). |
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(2) "Statutory limit on the rate of growth of |
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appropriations" means the lower of the rates determined by the |
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Legislative Budget Board under Section 316.002(c) or (d): |
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(A) as finally adopted by the committee under |
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Section 316.005(b); or |
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(B) as considered adopted under Section |
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316.002(e) or 316.005(c). |
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(b) Unless the legislature adopts a resolution under |
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Section 22(b), Article VIII, [Section 22(b), of the] Texas |
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Constitution, raising the proposed constitutional limit on |
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appropriations, the proposed constitutional limit is binding on the |
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legislature with respect to all appropriations for the next |
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biennium made from state tax revenues not dedicated by the |
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constitution. |
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(c) [(b)] The rules of the house of representatives and |
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senate shall provide for enforcement of Subsection (b) [(a)]. |
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(d) When the statutory limit on the rate of growth of |
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appropriations is lower than the constitutional limit on the rate |
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of growth of appropriations or is lower than the constitutional |
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limit as raised by a resolution described by Subsection (b), the |
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statutory limit is binding on the legislature with respect to all |
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appropriations for the next biennium made from state tax revenues |
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not dedicated by the constitution unless the legislature by general |
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law provides that the statutory limit does not apply to |
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appropriations for that biennium. |
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SECTION 4. The changes in law made by this Act apply only |
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with respect to appropriations for the state fiscal biennium |
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beginning September 1, 2015, and subsequent state fiscal bienniums. |
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SECTION 5. This Act takes effect on the 91st day after the |
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last day of the legislative session. |