Bill Text: TX SB9 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to limitations on the rate of growth of appropriations for certain categories of spending.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Engrossed - Dead) 2015-05-29 - House appoints conferees-reported [SB9 Detail]
Download: Texas-2015-SB9-Comm_Sub.html
84R30821 CJC-D | ||
By: Hancock, et al. | S.B. No. 9 | |
(Otto, Bonnen of Galveston, Ashby, Burkett, | ||
Gonzales) |
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relating to limitations on the rate of growth of appropriations for | ||
certain categories of spending. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 316, Government Code, is amended by | ||
adding Subchapter A-1 to read as follows: | ||
SUBCHAPTER A-1. ADDITIONAL LIMIT ON GROWTH OF APPROPRIATIONS FROM | ||
STATE FUNDS | ||
Sec. 316.0101. LIMIT. In a state fiscal biennium, the rate | ||
of growth of appropriations from all sources of revenue other than | ||
the federal government may not exceed a rate determined as provided | ||
under Section 316.0102(a) for each of the following categories of | ||
spending: | ||
(1) transportation; | ||
(2) public primary and secondary education; | ||
(3) higher education; | ||
(4) health care; | ||
(5) public safety and corrections; and | ||
(6) other general government. | ||
Sec. 316.0102. DUTIES OF LEGISLATIVE BUDGET BOARD. | ||
(a) Before the Legislative Budget Board transmits the budget for | ||
the next state fiscal biennium as prescribed by Section 322.008(c), | ||
the board shall establish a limit on the rate of growth of | ||
appropriations from all sources of revenue other than the federal | ||
government for each spending category described by Section 316.0101 | ||
for that biennium, as compared to the previous state fiscal | ||
biennium, by subtracting one from the product of: | ||
(1) the sum of one and the estimated rate of growth in | ||
the population served by expenditures in that spending category | ||
during the biennium for which appropriations are made; and | ||
(2) the sum of one and the estimated rate of inflation | ||
in a representative set of goods and services for which | ||
appropriations are made for that spending category during the | ||
biennium. | ||
(b) The board shall determine the rates described by | ||
Subsection (a) using information available from any source the | ||
board considers reliable. | ||
(c) Except as provided by Subsection (d) and subject to | ||
Subsection (g), the board shall establish for the next state fiscal | ||
biennium a limit on the amount of appropriations from all sources of | ||
revenue other than the federal government for each spending | ||
category described by Section 316.0101 by multiplying the amount of | ||
appropriations for each spending category for the then current | ||
state fiscal biennium by the sum of one and the limit on the rate of | ||
growth of appropriations for that spending category determined by | ||
the board under Subsection (a). | ||
(d) If the rate determined under Subsection (a) for any | ||
spending category described by Section 316.0101 is a negative | ||
number, the amount of appropriations from all sources of revenue | ||
other than the federal government for that spending category | ||
available for the next state fiscal biennium is the same as the | ||
amount of those appropriations for the then current state fiscal | ||
biennium. | ||
(e) To ensure compliance with this subchapter, the board may | ||
not transmit in any form to the governor or the legislature the | ||
budget as prescribed by Section 322.008(c) or the general | ||
appropriations bill as prescribed by Section 322.008(d) until the | ||
board adopts the limit on the rate of growth of appropriations from | ||
all sources of revenue other than the federal government for that | ||
biennium for each spending category described by Section 316.0101. | ||
(f) In the absence of an action by the board to adopt the | ||
limits required under this subchapter, the amount of appropriations | ||
from all sources of revenue other than the federal government for | ||
each spending category described by Section 316.0101 available for | ||
the next state fiscal biennium is the same as the amount of those | ||
appropriations for the current state fiscal biennium. | ||
(g) Notwithstanding any other law, for purposes of | ||
calculations used to establish, in regard to a spending category | ||
described by Section 316.0101, the limit on the rate of growth under | ||
Subsection (a) and the limit on the amount of appropriations as | ||
provided under Subsection (c), if the legislature by law exempts an | ||
appropriation from the application of this subchapter for the next | ||
state fiscal biennium, the board shall exclude then current or | ||
previous appropriations that, as determined by the board, are of a | ||
nature similar to the exempted appropriation as if those similar | ||
appropriations also had been exempted by law. | ||
Sec. 316.0103. PUBLICATION. Before the Legislative Budget | ||
Board approves the items of information required by Section | ||
316.0102, the board shall publish in the Texas Register the | ||
proposed items of information and a description of the methodology | ||
and sources used in the calculations. | ||
Sec. 316.0104. PUBLIC HEARING. Not later than December 1 of | ||
each even-numbered year, the Legislative Budget Board shall hold a | ||
public hearing to solicit testimony regarding the proposed items of | ||
information and the methodology used in making the calculations | ||
required by Section 316.0102. | ||
Sec. 316.0105. LIMIT ON BUDGET RECOMMENDATIONS. Unless | ||
authorized by majority vote of the members of the Legislative | ||
Budget Board from each house, the board's budget recommendations | ||
relating to appropriations from all sources of revenue other than | ||
the federal government for each spending category described by | ||
Section 316.0101 may not exceed the limit adopted by the board under | ||
Section 316.0102. | ||
Sec. 316.0106. INCLUSION IN BUDGET RECOMMENDATIONS. The | ||
Legislative Budget Board shall include in its budget | ||
recommendations the proposed limit of appropriations from all | ||
sources of revenue other than the federal government for each | ||
spending category described by Section 316.0101. | ||
Sec. 316.0107. EFFECT OF LIMIT; ENFORCEMENT. (a) The | ||
proposed limit on appropriations from all sources of revenue other | ||
than the federal government for each spending category described by | ||
Section 316.0101 is binding on the legislature with respect to | ||
those appropriations for the next state fiscal biennium unless the | ||
legislature adopts a resolution raising the proposed limit that is | ||
approved by a record vote of a majority of the members of each house | ||
of the legislature. The resolution must find that an emergency | ||
exists, identify the nature of the emergency, and specify the | ||
amount authorized. The excess authorized under this subsection may | ||
not exceed the amount specified in the resolution. | ||
(b) The rules of the house of representatives and senate | ||
shall provide for enforcement of Subsection (a). | ||
SECTION 2. The changes in law made by this Act apply only, | ||
as applicable, in relation to appropriations made for the state | ||
fiscal biennium beginning September 1, 2017, and subsequent state | ||
fiscal bienniums. Appropriations for the state fiscal biennium | ||
that begins September 1, 2015, are governed by the law in effect at | ||
the time those appropriations were made, and the former law is | ||
continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2015. |