Bill Text: TX SJR23 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Proposing a constitutional amendment concerning the use of unencumbered surplus state revenues to provide for a rebate of state franchise taxes.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2015-03-04 - Left pending in committee [SJR23 Detail]
Download: Texas-2015-SJR23-Introduced.html
| 84R2528 CJC-D | ||
| By: Creighton | S.J.R. No. 23 | |
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| proposing a constitutional amendment concerning the use of | ||
| unencumbered surplus state revenues to provide for a rebate of | ||
| state franchise taxes. | ||
| BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. 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 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 revenues to the economic stabilization fund under | ||
| Subsection (b), Section 49-g, Article III, of this constitution. | ||
| (b) The legislature by general law shall provide a procedure | ||
| by which the comptroller shall issue to payers of this state's | ||
| franchise tax a rebate of franchise taxes paid during the preceding | ||
| state fiscal biennium so that: | ||
| (1) the total amount of rebates issued equals the | ||
| lesser of one-half of the amount of the remaining unencumbered | ||
| positive balance of general revenues ascertained under Subsection | ||
| (a) of this section or the total amount of state franchise taxes | ||
| collected during that preceding state fiscal biennium; and | ||
| (2) each payer of the franchise tax during that | ||
| preceding state fiscal biennium receives a share of the total | ||
| amount of rebates issued that is directly proportionate to the | ||
| share that the amount of that taxpayer's franchise taxes paid | ||
| during that preceding state fiscal biennium bears to the total | ||
| amount of franchise taxes collected during that preceding state | ||
| fiscal biennium. | ||
| SECTION 2. The following temporary provision is added to | ||
| the Texas Constitution: | ||
| TEMPORARY PROVISION. The constitutional amendment proposed | ||
| by the 84th Legislature, Regular Session, 2015, concerning the use | ||
| of unencumbered surplus state revenues to provide for a rebate of | ||
| state franchise taxes applies beginning with the state fiscal | ||
| biennium beginning September 1, 2017. This temporary provision | ||
| expires September 1, 2019. | ||
| SECTION 3. This proposed constitutional amendment shall be | ||
| submitted to the voters at an election to be held November 3, 2015. | ||
| The ballot shall be printed to permit voting for or against the | ||
| proposition: "The constitutional amendment concerning the use of | ||
| unencumbered surplus state revenues to provide for a rebate of | ||
| state franchise taxes." | ||
